CONTENTS
LAW MAKING
1. VUONG TAN VIET - Legal obligations of people in laws and enforcement mechanisms
In the basic theory of law, rights and obligations are two sides of the same coin. If people have a right to enjoy, they also have an obligation to perform. The article researches on obligations of people and the mechanism of performing obligations of people to create balance for society, regain balance for moral psychology, and reserve resources to build society.
2. TRAN ANH TUAN & PHAM THUY LINH - ASEAN legal framework on human rights and complete solutions
This article provides a general assessment of ASEAN's legal framework on human rights, clarifies the current institutional situation for the promotion and protection of human rights in ASEAN. On that basis, the author offers some immediate and long-term solutions to improve ASEAN's legal framework on human rights, taking into account the role of Vietnam in this process.
3. LAM MINH DANG - Interest conflict control in the mobilization, appointment and rotation of public servants
Controlling conflicts of interest in the mobilization, appointment and rotation of public servants is of great significance in the fight against corruption as well as enhancing the effectiveness of public service activities. In this article, the author analyzes the control of conflicts of interest in the mobilization, appointment, rotation of public servants, and proposes complete solutions.
4. LE THI HOANG THANH - Completing the institution of surface rights in Vietnamese civil law
The Civil Code of 2015 has provisions on other rights to property in general, the right to surface in particular, and allows the owner to assign one or several contents of the ownership right to another person. Subjects who are not property owners can directly exploit some features and uses of property not owned by them, however, these regulations have not really come to life. The following article will analyze the need to apply surface rights in civil transactions and propose some complete solutions.
5. PHAM QUOC NAM - The role of legal policy on civil judgment enforcement for civil judgment execution in Vietnam
The legal policy on civil judgment enforcement has contributed to supplementing and completing the institution and improving the efficiency of civil judgment enforcement. However, the study and assessment of the role of legal policy on civil judgment enforcement in recent years is still limited and has not brought into play its positive role in civil judgment execution activities. The following article will analyze and clarify the role of the civil judgment enforcement legal policy, as a basis for proposing the promulgation and improvement of the civil judgment enforcement legal policy in Vietnam in the coming time.
LAW AND ECONOMICS
6. TRUONG THI TUYET MINH - Law adjustment for secured transactions of moveable property in the field of banking credit
Before the requirements of reality, the law on secured transactions by moveable property must decipher the intrinsic but contradictory needs of banks and movable subjects who need capital on the one hand, ensuring the principle of security in bank lending activities, on the other hand, still encourage banks to receive collateral in moveable property. The following article will clarify the form of movable property and require adjustment of the law on movable secured transactions in banking credit activities.
7. NGUYEN THUY DUNG - The relationship between anti-unfair competition law and intellectual property law in controlling unfair competition acts related to trademarks in Vietnam today
The article clearly analyzes the relationship between anti-unfair competition law and intellectual property law in controlling unfair competition acts related to trademarks in Vietnam today. Thereby, some shortcomings, limitations and recommendations are made to improve the law on controlling unfair competition related to trademarks in Vietnam today.
LAW IMPLEMENTATION
8. TRAN TRUNG HIEU - Obligation to provide financial security for a request to arrest a ship - International experience and some suggestions for Vietnam
This article analyzes and compares regulations on financial security measures for international and Vietnamese ship arrest requests, thereby suggesting issues that need to be improved in Vietnam's law on this regulation.
9. TRAN VAN DO & LE THI DIEM HANG - Protection of girls who are victims of sex crimes in accordance with Vietnamese criminal law
The article analyzes the current situation of Vietnam's criminal law on the protection of girls who are victims of sex crimes, points out the advantages and limitations of the law making, and then proposes solutions to improve the effectiveness of criminal law application to protect girls who are victims of sex crimes.
10. NGUYEN VAN TUNG & BUI CONG THANG - Crime of violating regulations on using employees under 16 years old - Some shortcomings and direction for improvement
The article analyzes the shortcomings and limitations in the provisions of the Penal Code for "crime of violating regulations on the employment of employees under 16 years of age", thereby proposing orientations to improve the regulations of the Criminal Code on this crime, contributing to improve the effectiveness of its application in practice.
11. NGUYEN HUYEN TRANG - Cases of termination of labor contracts under the Labor Code of 2019
Termination of a labor contract is an important legal event because it causes different legal consequences and always has the potential for labor disputes. This article presents, analyzes and comments on new regulations on termination of labor contracts in the Labor Code of 2019.
LAW MAKING
1. VUONG TAN VIET - Legal obligations of people in laws and enforcement mechanisms
In the basic theory of law, rights and obligations are two sides of the same coin. If people have a right to enjoy, they also have an obligation to perform. The article researches on obligations of people and the mechanism of performing obligations of people to create balance for society, regain balance for moral psychology, and reserve resources to build society.
2. TRAN ANH TUAN & PHAM THUY LINH - ASEAN legal framework on human rights and complete solutions
This article provides a general assessment of ASEAN's legal framework on human rights, clarifies the current institutional situation for the promotion and protection of human rights in ASEAN. On that basis, the author offers some immediate and long-term solutions to improve ASEAN's legal framework on human rights, taking into account the role of Vietnam in this process.
3. LAM MINH DANG - Interest conflict control in the mobilization, appointment and rotation of public servants
Controlling conflicts of interest in the mobilization, appointment and rotation of public servants is of great significance in the fight against corruption as well as enhancing the effectiveness of public service activities. In this article, the author analyzes the control of conflicts of interest in the mobilization, appointment, rotation of public servants, and proposes complete solutions.
4. LE THI HOANG THANH - Completing the institution of surface rights in Vietnamese civil law
The Civil Code of 2015 has provisions on other rights to property in general, the right to surface in particular, and allows the owner to assign one or several contents of the ownership right to another person. Subjects who are not property owners can directly exploit some features and uses of property not owned by them, however, these regulations have not really come to life. The following article will analyze the need to apply surface rights in civil transactions and propose some complete solutions.
5. PHAM QUOC NAM - The role of legal policy on civil judgment enforcement for civil judgment execution in Vietnam
The legal policy on civil judgment enforcement has contributed to supplementing and completing the institution and improving the efficiency of civil judgment enforcement. However, the study and assessment of the role of legal policy on civil judgment enforcement in recent years is still limited and has not brought into play its positive role in civil judgment execution activities. The following article will analyze and clarify the role of the civil judgment enforcement legal policy, as a basis for proposing the promulgation and improvement of the civil judgment enforcement legal policy in Vietnam in the coming time.
LAW AND ECONOMICS
6. TRUONG THI TUYET MINH - Law adjustment for secured transactions of moveable property in the field of banking credit
Before the requirements of reality, the law on secured transactions by moveable property must decipher the intrinsic but contradictory needs of banks and movable subjects who need capital on the one hand, ensuring the principle of security in bank lending activities, on the other hand, still encourage banks to receive collateral in moveable property. The following article will clarify the form of movable property and require adjustment of the law on movable secured transactions in banking credit activities.
7. NGUYEN THUY DUNG - The relationship between anti-unfair competition law and intellectual property law in controlling unfair competition acts related to trademarks in Vietnam today
The article clearly analyzes the relationship between anti-unfair competition law and intellectual property law in controlling unfair competition acts related to trademarks in Vietnam today. Thereby, some shortcomings, limitations and recommendations are made to improve the law on controlling unfair competition related to trademarks in Vietnam today.
LAW IMPLEMENTATION
8. TRAN TRUNG HIEU - Obligation to provide financial security for a request to arrest a ship - International experience and some suggestions for Vietnam
This article analyzes and compares regulations on financial security measures for international and Vietnamese ship arrest requests, thereby suggesting issues that need to be improved in Vietnam's law on this regulation.
9. TRAN VAN DO & LE THI DIEM HANG - Protection of girls who are victims of sex crimes in accordance with Vietnamese criminal law
The article analyzes the current situation of Vietnam's criminal law on the protection of girls who are victims of sex crimes, points out the advantages and limitations of the law making, and then proposes solutions to improve the effectiveness of criminal law application to protect girls who are victims of sex crimes.
10. NGUYEN VAN TUNG & BUI CONG THANG - Crime of violating regulations on using employees under 16 years old - Some shortcomings and direction for improvement
The article analyzes the shortcomings and limitations in the provisions of the Penal Code for "crime of violating regulations on the employment of employees under 16 years of age", thereby proposing orientations to improve the regulations of the Criminal Code on this crime, contributing to improve the effectiveness of its application in practice.
11. NGUYEN HUYEN TRANG - Cases of termination of labor contracts under the Labor Code of 2019
Termination of a labor contract is an important legal event because it causes different legal consequences and always has the potential for labor disputes. This article presents, analyzes and comments on new regulations on termination of labor contracts in the Labor Code of 2019.