No.4 (349) April 2021

CONTENTS
 
LAW MAKING
                                                                                    
1. NGUYEN VAN QUAN & NGUYEN THI HOAI PHUONG - The stability of the law in terms of human rights
 
In the Rule of Law, the law has an important role to regulate social relations, as well as to protect the rights and fundamental freedoms of individuals in relation to other individuals, or in relations with the state. To ensure human rights and fundamental freedoms, the law must meet a number of basic requirements, including stability. The stability and certainty of the law makes citizens feel secure in doing business, living, trusting the law, and voluntarily complying with the law. The content of the article analyzes the stability of the law in terms of human rights protection, as well as the relationship between the stability of the law and the requirements for accessibility and predictability of the law in the Rule of Law.
 
2. DOAN THI NGOC HAI - Completing the Law on Donation, removal and transplantation of human tissues and body parts and donation and removal of corpses in our country today
 
The 2006 Law on Donation, removal, transplanting of human tissues and body parts has been in effect and put into practice for nearly 14 years. This is the first law enacted in our country, changing a lot of perceptions about life and death of Vietnamese people. However, Vietnam's Law on Donation, removal, transplantation of human tissues and body parts and donation and removal of corpses has so far created limitations that need to be amended, supplemented and further improved to meet the aspirations of the people on organ tissue donation and receipt. In the article, the author gives a number of important solutions to contribute to completing the law on this issue.
 
3. HOANG THI THANH HOA & NGUYEN VAN NGHIA - Determination of persons with related rights and obligations in civil judgment execution - Some theoretical and practical issues
 
Persons with related interests and obligations are subjects who play an important role in both the procedural stage and the civil judgment execution stage. However, the provisions of the law and the determination of the legal status of this subject in practice still have different understandings. This article analyzes and clarifies the legal status of the person with related rights and obligations and suggests some complete solutions.
 
4. NGUYEN QUANG TUYEN & HOANG THE CUONG - The uniformity and consistency of the regulations on the rights and obligations of land users in the Land Law
 
The article analyzes and assesses the comprehensiveness and consistency in the content of regulations on rights and obligations of land users according to the Land Law of 2013 and points out the inconsistencies, overlaps, from there, proposing a number of solutions to amend and supplement the provisions on the rights and obligations of land users of the Land Law of 2013 in order to ensure uniformity and consistency.
 
5. NGUYEN HUY HOANG - The relationship between the right to protect the integrity of the work and the right to reproduce the work
 
The right to protect the integrity of a work is one of spiritual rights that belong to the author, while the right to make a derivative work is one of economic rights that belong to the copyright owner and can be transferred to others. Disputes may arise when the creator of a derivative work modifies or changes the original work without the permission of the copyright owner, affecting the author's creative theme or idea of owner of an original work. Through commenting on the provisions of law as well as some cases of conflict between the right to protect the integrity of the author's work and the right to make derivative works, the author makes a number of recommendations to resolve above mentioned relationship.
 
LAW AND ECONOMICS
 
6. NGUYEN THI HONG TRINH - Some issues of Vietnamese international private law in the field of contracts
 
In this article, the author provides a systematic approach to the legal source of Vietnamese international private law in the field of contracts, analyzing the development of contractual conflict rules throughout the process changing the law of Vietnam and establishing the governing scope of the law applicable to contracts with foreign elements.
 
7. NGUYEN VINH HUNG & NGUYEN VAN PHUOC - Legal regulations of capital contributors in a partnership according to the Enterprise Law of 2020
 
Unlike a general partner, a limited partner does not play role in determining the formation and existence of general partnership. Therefore, the legal status of limited partner is very different from that of legal status of general partner. This article researches the legal status of limited partner in a partnership under the Enterprise Law of 2020, thereby, points out a number of limitations, shortcomings and proposes recommendations.                                                                                                                                            
                                                                                      
LAW IMPLEMENTATION
 
8. NGUYEN HUY TOAN - Discussing the activities of sanctioning administrative violations in the construction field by the chairperson of the district-level people’s committee
 
The process of industrialization and modernization of the country requires the construction industry to be ahead of its time in order to meet the country's infrastructure to serve development needs, and at the same time to meet the needs of residential housing. However, administrative violations in this field are happening more and more with sophisticated methods and tricks. Therefore, the study of administrative sanctioning activities in the construction field by the chairperson of the district-level people's committee is of very important significance, contributing to creating a theoretical and practical basis for the subject that has the authority to implement this activity in practice accurately, objectively and suitable for each certain situation.
 
9. NGUYEN VAN TUNG & BUI CONG THANG - Signs of having been administratively sanctioned in the   ownership infringement crimes of the Penal Code
 
The article points out some shortcomings in the regulation and the application of the law on the sign of "sanctioned for administrative violations" in a number of crimes in the Chapter XVI - Ownership infringement crimes of the Criminal Code of 2015 as amended and supplemented in 2017, from there, proposing complete solutions to improve the efficiency of law application.
 
10. NGUYEN PHUONG LAN - Legal consequences of transactions performed by a wife or husband on the basis of representation
 
The article analyzes some practical aspects of the legal consequences of transactions established and performed by a wife or husband on the basis of representation in specific cases, thereby raising problems and shortcomings in the practice of applying legal provisions related to the representation between husband and wife, thereby giving some necessary recommendations.
 
11. NGUYEN QUANG THANH - Current situation of Vietnamese legal regulations on post-labor migration and a number of recommendations
 
Labor migration has been a trend in the current globalization era. Changes in living environment, working environment in the host country and the country of origin will be barriers that make it difficult for workers to work abroad for a limited time to reintegrate effectively and sustainably. The  article will analyze the limitations in some current legal provisions, since then, proposing a number of solutions to improve the post-labor migration law.