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Edition 1 (444) January 2026

Edition 1 (444) January 2026

CONTENTS

RESEARCHING, MAKING AND COMPLETING LAWS

1. DANG HOANG OANH - Improving the legal framework to meet the requirements of building a two-tiered local government

To implement the two-tiered local government model, Vietnam has amended and supplemented several articles of the 2013 Constitution and amended and promulgated many related legal documents. Initial results show that the development and improvement of legislation has made a significant contribution to the transformation of the organizational model, serving the revolution of streamlining and shrinking the political system's organizational structure. This article analyzes the Party's policies and orientations, identifies institutional and practical difficulties and obstacles in law enforcement, and proposes solutions to improve the legal framework to ensure the two-tiered local government model operates effectively and efficiently, in line with the requirements of building a socialist rule of law state in Vietnam in the new era.

2. VO KHANH VINH - Jurisprudence: Production, consumption, dissemination, and enhancement of legal knowledge in the new development era

In the new era of development, legal knowledge is not merely a product of academic research, but has become a strategic resource for national governance, sustainable development, and ensuring the socialist rule of law. Based on an interdisciplinary approach, this article analyzes the process of producing, consuming, disseminating, and increasing legal knowledge in the context of digital transformation, globalization, and the rapid changes in legal and social life. Through this analysis, it affirms the central role of developing a modern legal knowledge ecosystem, contributing to improved governance capacity, ensuring and protecting human rights, and promoting sustainable social development.

3. NGUYEN THI KIM THOA - Asset recovery without criminal prosecution in Vietnam - Theory, practice, and recommendations for improving the legal framework

Asset recovery is a crucial tool in the fight against corruption and economic crime. In the context of many cases that cannot or do not require criminal prosecution, the mechanism of asset recovery without criminal prosecution is increasingly being adopted by many countries as an effective solution to recover assets of illegal origin. Based on an analysis of the theoretical basis, international requirements, and the current state of Vietnamese law on anti-corruption, money laundering, criminal law, and criminal procedure, this article points out the legal shortcomings and challenges in building this mechanism in Vietnam, especially the risk of conflict with property rights and the principle of presumption of innocence. From there, it proposes several recommendations for improving the law, emphasizing the necessity of researching and developing a Law on the Recovery of Illicit Assets in the context of Vietnam's continued legislative reform in accordance with Party documents.

4. NGUYEN VO THANH HUNG - Improving some mechanisms and policies to promote innovation in the draft documents of the 14th Party Congress

Innovation is identified as the core driving force for the country to enter a “new era of progress”. This article analyzes the viewpoints and orientations on science, technology, and innovation in the Draft Document of the 14th National Congress of the Communist Party of Vietnam; assesses the current state of mechanisms and policies, and points out institutional “bottlenecks” hindering the process of promoting innovation. Based on this, it proposes several recommendations to improve the legal framework and create real incentives for entities in the national innovation system, especially for businesses - the central actors.

EXCHANGE AND ORGANZATION OF LAW IMPLEMENTATION

5. LE THI HOANG MINH & VU CONG GIAO - National governance linked to the development of the digital society in Vietnam today - Current situation and solutions for improving the legal framework

Currently, national governance linked to the development of the digital society is one of the most pressing legal and administrative issues in countries around the world. This article analyzes and clarifies the theoretical basis, assesses the current state of law and organization in implementing the digital society in Vietnam; and identifies some limitations stemming from national governance activities. Based on this, it proposes several recommendations on institutions, laws, and practical solutions to improve coordination mechanisms and enforcement capacity; develop human resources and digital capabilities for the public sector; develop data infrastructure and national data governance mechanisms; promote social trust and ensure digital inclusiveness; thereby enhancing the effectiveness of national governance in the context of the development of the digital society.

6. TRINH THI THU HIEN - Ensuring the right to preserve and promote the cultural identity of ethnic minority children in schools - From the practical experience of Gia Lai province

Preserving and promoting the value of ethnic cultural identity play a crucial role in socio-economic development, which is why all countries enact policies and laws to safeguard it. Using legal text analysis and comparison with practical implementation, this article assesses two key areas: education in ethnic languages and the preservation of ethnic cultural values through educational activities in schools in Gia Lai province. The research results indicate that, although the policy system is relatively comprehensive, practical implementation still faces many limitations, such as the limited scale of teaching ethnic minority languages, a shortage of qualified teachers; difficulties in mobilizing artisans due to current regulations and a lack of financial mechanisms for remuneration. Based on this, the study proposes several solutions to standardize the teaching staff, increase flexibility in personnel standards for education, and improve the specific financial mechanisms at the local level.

INTERNATIONAL LAW

7. DOAN VAN BINH - Long-term care policies for the elderly - International experience and suggestions for Vietnam

In the context of global population aging, research and improvement of policies concerning the elderly, especially long-term care policies, have become an urgent requirement. In Vietnam, the current system of policies and laws clearly reflects the humane approach of the Party and State in prioritizing the care of the elderly; however, practical implementation still reveals some limitations. This article discusses the experience of developing long-term care policies for the elderly in several representative countries, and from there, offers some suggestions for improving Vietnam's legal system regarding long-term care policies for the elderly.

8. NGUYEN THI KIM THANH - Extended producer responsibility in the circular economy of the European Union - Some suggestions for Vietnamese law

Producers play a crucial role in the circular economy, so the laws of many countries have stipulated specific responsibilities for producers to ensure sustainable development. This article clarifies the similarities and differences between European Union law and Vietnamese law regarding extended producer responsibility, while also pointing out limitations in the legal framework and implementation practices in Vietnam. Based on this, it proposes some legal directions and solutions to improve the effectiveness of implementing extended producer responsibility, contributing to the development of the circular economy and a green environment in Vietnam.

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