Tạp chí của Trường Đại học Luật - Đại học Huế
THỰC TRẠNG PHÁP LUẬT VỀ ĐIỀU KIỆN ĐỐI VỚI CHỦ THỂ KINH DOANH DƯỢC PHẨM VÀ KIẾN NGHỊ GIẢI PHÁP HOÀN THIỆN Ở VIỆT NAM
Pharmaceuticals are conditional business products directly associated with the fundamental right to health protection. Due to their particular nature, pharmaceutical business activities are subject to strict legal regulation. Following the 2024 amendments to the Law on Pharmacy, the current legal framework has generally established comprehensive business conditions, thereby providing a legal foundation for the development and international integration of the pharmaceutical sector. Nevertheless, practical implementation continues to reveal shortcomings, including administrative procedures that remain cumbersome, ineffective mechanisms for controlling drugs distributed through digital platforms, and the absence of clear allocation of legal responsibility for intermediary entities within the supply chain. Accordingly, further improvement of the legal framework governing conditions for pharmaceutical business entities is imperative to enhance regulatory effectiveness, ensure drug safety, and promote the sustainable development of the pharmaceutical industry.
Copyright (c) 2026 Tạp chí Pháp luật và Thực tiễn
ÁP DỤNG LẼ CÔNG BẰNG: KINH NGHIỆM PHÁP LUẬT ANH VÀ KHUYẾN NGHỊ CHO VIỆT NAM
Equity is a legal concept closely associated with the history of European continental law as well as the Common Law system (particularly in England). Issues concerning equity have consistently attracted the attention of scholars, from interpretations of its meaning to its relationship with the law, spanning from the medieval period to the present day. Within this developmental context, Vietnam, as a state belonging to the civil law tradition, relies primarily on codified statutes. However, equity was introduced for the first time in the 2015 Civil Code. This study focuses on analyzing the notions, interpretations, and selected case law on equity in the United Kingdom, thereby providing reference values for Vietnam in the current context.
QUYỀN AN SINH XÃ HỘI CỦA NGƯỜI LAO ĐỘNG KHUYẾT TẬT: THỰC TRẠNG PHÁP LUẬT VÀ KIẾN NGHỊ HOÀN THIỆN
Workers with disabilities are one of the most vulnerable groups in society. Ensuring their right to social security is not only a matter of profound humanistic significance but also a crucial factor for promoting sustainable socio-economic development. Even though the legal system regarding social security rights for workers with disabilities has been established in a relatively synchronous manner, its practical implementation still reveals numerous barriers. Today, workers with disabilities continue to face significant challenges in accessing the labor market, participating in and benefiting from long-term social insurance schemes, and finding work environments with reasonable accommodation in terms of technical infrastructure. This article focuses on analyzing the current legal status across three core pillars: the right to work, the right to social insurance, and the right to occupational safety and health. On that basis, the author proposes solutions to refine the legal framework and enhance enforcement effectiveness, aiming towards a fair, inclusive, and barrier-free society.
BẢO HỘ SÁNG CHẾ CÓ NGUỒN GỐC TỪ TRI THỨC TRUYỀN THỐNG TẠI VIỆT NAM: THÁCH THỨC PHÁP LÝ VÀ VẤN ĐỀ CHIA SẺ LỢI ÍCH CỘNG ĐỒNG
Traditional knowledge plays a vital role in the economic and cultural life of nations today. Therefore, the protection of intellectual property rights for traditional knowledge through patents serves as a crucial legal mechanism to safeguard indigenous communities' intellectual property and prevent unauthorized exploitation. However, the uniqueness of traditional knowledge and the problem of weighing community interests for inventions originating from this source of knowledge present significant legal challenges to this protection. This article examines the legal situation and evaluates the difficulties in preserving inventions that come from traditional knowledge while taking into account the interests of the community. Based on this, it suggests ways to protect inventions that come from traditional knowledge in Vietnam while also balancing the interests of indigenous communities.
THI HÀNH ÁN CÓ ĐỐI TƯỢNG LÀ TÀI SẢN SỐ TẠI MỘT SỐ QUỐC GIA TRÊN THẾ GIỚI - LIÊN HỆ KINH NGHIỆM CHO VIỆT NAM
In the context of digital transformation and international integration, digital assets have emerged as a vital component of the economy. To address the turning point of the digital economy, the Law on Digital Technology Industry 2025 and Resolution No. 05/2025/NQ-CP on the pilot implementation of the crypto-asset market have established a fundamental legal framework for digital assets in Vietnam. As crypto-asset transactions become officially recognized and permitted, disputes involving these assets and the subsequent enforcement of judgments have become inevitable challenges. However, Vietnam’s current legal framework for civil judgment enforcement lacks comprehensive regulations to govern this specific asset class. Given this reality, the article focuses on analyzing the legal provisions of Japan and Singapore to propose solutions for improving the legal system regarding the enforcement of judgments for crypto-assets in Vietnam. communication initiatives to disseminate
ĐÁNH GIÁ SỰ TƯƠNG THÍCH CỦA NGUYÊN TẮC XỬ LÝ NGƯỜI CHƯA THÀNH NIÊN TRONG PHÁP LUẬT HÌNH SỰ VIỆT NAM SO VỚI CHUẨN MỰC QUỐC TẾ
This article analyzes the provisions of Vietnamese criminal law, combined with a comparison to international instruments such as the United Nations Convention on the Rights of the Child, the Beijing Rules, and the Joint Commentary No. 24 of the Commission on the Rights of the Child. It clarifies the significant shifts in legislative thinking towards promoting restorative justice, diversionary measures, and child-friendly proceedings. The article assesses the compatibility of the principles for handling juvenile offenders in Vietnamese law with international standards, while also pointing out the limitations and challenges in its implementation in the future.
TRÁCH NHIỆM CỦA DOANH NGHIỆP TRONG CUNG CẤP THÔNG TIN VỀ DỊCH VỤ PHẪU THUẬT THẨM MỸ TẠI VIỆT NAM
Cosmetic surgery service business is one of the beauty industries and is growing rapidly in Vietnam today. Providing information on cosmetic surgery services in accordance with the law is very important for consumers. This article focuses on studying some legal provisions and practical implementation of the law on the responsibility of enterprises in providing information on cosmetic surgery services; thereby proposing solutions to improve the law and improve the effectiveness of law enforcement on the responsibility of enterprises in providing information on cosmetic surgery services in Vietnam
KHUNG PHÁP LÝ VỀ CHÍNH PHỦ SỐ TRONG KỶ NGUYÊN ĐỔI MỚI SÁNG TẠO HƯỚNG TỚI QUẢN TRỊ BỀN VỮNG Ở VIỆT NAM
In the context of the profound expansion of innovation and digital transformation, building a digital government has become an inevitable trend in the modernization of national public administration, while simultaneously raising the requirement to ensure a balance between innovation and sustainable development. Based on an examination of the theoretical foundations of innovation, digital government, and sustainable development, this article aims to identify a set of criteria for assessing the extent to which the legal framework meets this balancing requirement. The article further examines the current legal framework for digital government in Vietnam, evaluates the degree to which each criterion is satisfied, and situates this assessment within a comparative perspective by reference to the legal frameworks of several other countries, thereby clarifying similarities, differences, and prevailing trends. The research primarily employs legal analysis, comparative analysis, and synthesis. On the basis of the findings, the article proposes several orientations for improving Vietnam’s legal framework for digital government in a manner that both promotes innovation and safeguards the core values of sustainable development in the contemporary context.
XỬ PHẠT VI PHẠM HÀNH CHÍNH TRONG LĨNH VỰC GIAO THÔNG ĐƯỜNG BỘ ĐỐI VỚI NGƯỜI CHƯA THÀNH NIÊN
The Law on Handling of Administrative Violations 2012 (amended and supplemented in 2014, 2017, 2020, 2022, and 2025) stipulates that minors aged 14 and above who commit administrative violations shall be sanctioned in accordance with the law. Among various areas of state management, road traffic is one of the fields with a high number of administrative violations committed by minors. This article analyzes the legal provisions on administrative sanctions imposed on minors violating road traffic regulations, identifies certain shortcomings, and proposes solutions for improvement.
PHÁP LUẬT VỀ KINH DOANH BẤT ĐỘNG SẢN VĂN PHÒNG KẾT HỢP LƯU TRÚ: MỘT SỐ BẤT CẬP VÀ GIẢI PHÁP HOÀN THIỆN PHÁP LUẬT TẠI VIỆT NAM
The 2023 Law on Real Estate Business has introduced significant amendments recognizing the legal legitimacy of various emerging real estate types in Vietnam, notably office-apartment properties combining office and accommodation functions (officetel). On that basis, this article focuses on examining the current legal framework governing officetel real estate business activities, analyzing the remaining shortcomings, and proposing several recommendations to further improve the legal framework applicable to this type of real estate in Vietnam in the coming period.
THỰC TRẠNG QUY ĐỊNH PHÁP LUẬT VỀ ĐỊA VỊ PHÁP LÝ CỦA NGƯỜI LAO ĐỘNG TỰ DO TRÊN NỀN KINH TẾ GIG TẠI MỘT SỐ QUỐC GIA VÀ ĐỀ XUẤT CHO VIỆT NAM
The article provides some overview of self-employed workers in the Gig economy, and at the same time focuses on analyzing the current legal status of some countries regarding the legal status of this group of workers. On that basis, through the assessment of the current situation of Vietnamese legal regulations, the article makes a number of proposals to contribute to improving labor law in determining the legal status of self-employed employees in the gig economy in Vietnam.
XỬ LÝ HÌNH SỰ HÀNH VI GÂY Ô NHIỄM MÔI TRƯỜNG BIỂN THEO QUY ĐỊNH PHÁP LUẬT MỘT SỐ NƯỚC TRÊN THẾ GIỚI VÀ KINH NGHIỆM CHO VIỆT NAM
This article analyzes the experiences of several key countries (Germany, the United States, and Russia) in the criminal prosecution of marine environmental pollution, while also comparing and evaluating them against Vietnam's current legal framework. The evaluation shows that Vietnamese criminal law fails to adequately cover acts specific to the marine environment and sets the threshold for criminal prosecution too high, allowing many violations to go unpunished. Furthermore, the current penalty framework lacks sufficient deterrent effect, and the mechanism for the simultaneous prosecution of both legal entities and individuals remains unclear. Based on this analysis, the article proposes several recommendations for improving Vietnamese criminal law to enhance the effectiveness of preventing and prosecuting crimes related to marine environmental pollution.
HOÀN THIỆN PHÁP LUẬT VỀ CÔNG BỐ THÔNG TIN VÀ ĐẠI DIỆN NGƯỜI SỞ HỮU TRÁI PHIẾU TRONG CHÀO BÁN TRÁI PHIẾU RIÊNG LẺ TẠI VIỆT NAM
This article examines the legal framework governing the private placement of corporate bonds in Vietnam’s domestic market, focusing on two key aspects: (i) the information disclosure obligations of issuing enterprises and (ii) the legal mechanism for bondholder representation. Based on an analysis of the regulatory provisions under Decree No. 153/2020/ND-CP and Decree No. 65/2022/ND-CP, the article finds that the current rules on extraordinary information disclosure primarily require issuers to report the occurrence of relevant events, but do not impose an obligation on issuers to propose remedial measures or provide explanations for changes that may adversely affect their bond repayment capacity. In addition, the regulation allowing bondholder representatives to simultaneously provide issuance advisory services to the issuer may create potential conflicts of interest and undermine the independence of this institutional mechanism. On this basis, the article proposes several legal reforms aimed at strengthening investor protection and enhancing transparency standards in Vietnam’s private corporate bond market.
HẠN NGẠCH PHÁT THẢI KHÍ NHÀ KÍNH TRONG TRANH CHẤP ĐẦU TƯ QUỐC TẾ: PHÂN TÍCH VỤ KOCH INDUSTRIES KHỞI KIỆN CANADA VÀ MỘT SỐ KINH NGHIỆM CHO VIỆT NAM
Emission allowances have emerged as a government tool for controlling emissions and a key object of cross-border investment in recent decades. Disputes surrounding the determination of whether emission allowances fall within the scope of protection of International Investment Agreements have posed significant challenges for investment arbitration as well as for the parties involved. The absence of clear provisions in IIAs regarding the legal status of emission allowances has not only created legal uncertainty but also increased risks for investors, especially in the context of rapidly evolving national carbon market policies. This article focuses on analyzing the case of Koch Industries, Inc. and Koch Supply & Trading, LP v. Canada. From this case, the article both identifies the arbitral tribunal’s approach to disputes over emission allowances between foreign investors and host states and examines the legal issues arising from such disputes. The lessons drawn from this case provide valuable insights for Vietnam in designing its carbon market in the international context and in resolving related international investment disputes in the future
PHÁT HUY GIÁ TRỊ DI SẢN VĂN HOÁ HUẾ THÔNG QUA PHỔ BIẾN, GIÁO DỤC PHÁP LUẬT CHO HỌC SINH TRUNG HỌC PHỔ THÔNG THỰC TRẠNG VÀ GIẢI PHÁP
Hue City is the first centrally governed heritage city in Vietnam, distinguished by its profound historical character and rich cultural values. In the era of the nation’s dynamic advancement, Hue’s cultural heritage is shining ever more brightly, underscoring its inherent historical significance. Possessing distinctive cultural heritage features preserved to this day through the safeguarding and promotion of cultural and heritage values - not only as the legacy of a single city but as the shared treasure of a prosperous Vietnamese nation. In pursuit of this overarching objective, certain governmental bodies have introduced policies, development plans and public communication initiatives to disseminate knowledge of Hue’s historical heritage. However, educational and awareness-raising activities concerning legal provisions for the preservation and promotion of the nation’s traditional values in this locality remain limited. Therefore, this paper seeks to discuss several theoretical issues related to Hue’s cultural heritage, assess the current awareness among high school students in Hue City regarding the protection and promotion of such heritage and propose legal dissemination and education measures aimed at enhancing Hue’s cultural heritage values.
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HOÀN THIỆN PHÁP LUẬT VỀ BẢO HỘ NHÃN HIỆU TẬP THỂ - NGHIÊN CỨU TRƯỜNG HỢP SẢN PHẨM KẸO CAU TẠI THÀNH PHỐ HUẾ
Collective trademark is an important legal tool that helps organizations and associations enhance brand value and protect the interests of their members in the process of production and business. However, in practice, the application of the law on the protection of collective trademarks still faces many shortcomings. Therefore, through the case study of the collective trademark “Keo cau Hue” in Hue City, this paper analyzes the limitations in the registration, management, and exploitation of the “Keo cau Hue” product. On that basis, it proposes several solutions to improve the law on the protection of collective trademarks for the “Keo cau Hue” product, aiming at promoting local economic development and safeguarding community intellectual property assets.
NGHĨA VỤ CỦA CƠ SỞ TÔN GIÁO SỬ DỤNG ĐẤT THEO LUẬT ĐẤT ĐAI NĂM 2024
This article focuses on analyzing the legal obligations of religious institutions in land use as stipulated in the 2024 Land Law. Based on the classification of land use purposes, the Law clearly defines the responsibilities of religious organizations to use land in accordance with its designated purpose, comply with land use planning, and fulfill financial obligations when utilizing land for activities beyond religious purposes. Notably, when conducting social activities such as education, healthcare, community welfare, or commercial operations, religious organizations are required to separate their legal entity status and comply with the relevant specialized laws. The establishment of land use obligations on the principles of equality, transparency, and control contributes to the improvement of the land management framework applicable to this distinct group of stakeholders, while also reflecting a trend towards enhancing the legal effectiveness in the governance of national land resources.
NÂNG CAO HIỆU QUẢ THỰC HIỆN PHÁP LUẬT VỀ PHẠM VI, THẨM QUYỀN VÀ THỦ TỤC ĐẦU TƯ VỐN THÀNH LẬP DOANH NGHIỆP NHÀ NƯỚC TẠI VIỆT NAM HIỆN NAY
The article analyzes the provisions of the 2025 Law on the Management and Investment of State Capital in Enterprises (Law No. 68/2025/QH15) concerning the scope of investment, competent authorities, and procedures for state capital investment in the establishment of state-owned enterprises (SOEs), with particular emphasis on the expansion of the investment scope compared to the 2014 Law on the Management and Use of State Capital Invested in Production and Business Activities in Enterprises (Law No. 69/2014/QH13). The article also identifies shortcomings arising in the course of implementing these provisions. On that basis, it proposes solutions to enhance the effectiveness of legal implementation by clarifying investment criteria and sectors, thereby ensuring flexibility and efficiency in the use of state capital for establishing SOEs, in line with the orientation toward sustainable socio-economic development and modern public governance
XÁC LẬP VÀ KHAI THÁC NHÃN HIỆU CHỨNG NHẬN ĐỐI VỚI CÁC ĐẶC SẢN ĐỊA PHƯƠNG: KINH NGHIỆM TỪ TỈNH QUẢNG NINH VÀ THÀNH PHỐ HUẾ
The establishment of certification marks for local specialties plays a crucial role in protecting intellectual property and exploiting the commercial value of key regional products. Based on an analysis of the current situation regarding the registration and exploitation of certification marks for local specialties in Vietnam, this study identifies existing legal and practical challenges in their implementation. Drawing on practical experiences from Quang Ninh Province and Hue City, the paper proposes several recommendations aimed at improving the legal framework for establishing certification marks and enhancing the effectiveness and sustainability of exploiting and developing local specialties after protection in Vietnam.
PHÂN LOẠI CHỮ KÝ ĐIỆN TỬ: SO SÁNH TIẾP CẬN PHÁP LÝ CỦA HOA KỲ, LIÊN MINH CHÂU ÂU VÀ VIỆT NAM
In the context of the growing use of electronic signatures, their classification based on appropriate criteria helps determine the level of reliability, technical requirements, and corresponding legal validity of each type of signature. Legal systems around the world adopt different approaches to classifying electronic signatures, with significant variations in criteria and legislative orientation. This article analyzes the trends, criteria, and purposes of such classifications; compares the approaches of U.S. and European Union (EU) law; and, on that basis, proposes recommendations to improve Vietnam’s legal framework on electronic signatures in a consistent manner, aligned with practical needs and harmonized with international trends.
NGUYÊN TẮC XÁC ĐỊNH HIỆU LỰC CỦA VĂN BẢN QUY PHẠM PHÁP LUẬT TRONG ÁP DỤNG PHÁP LUẬT NHÌN TỪ VỤ ÁN “GÀ LÔI TRẮNG”
The article's purpose is to clarify the principle of the effect of legal normative documents from the errors of the first-instance court in applying this principle in the study case. The "Silver Pheasant" case shows a conflict between the rigid application of the law at the time of the offense and the principles of "retrospective effect" and "favorable application to the subject." Furthermore, the case also highlighted a conflict in the legal validity of normative documents between a circular and a decree. In its application of the law, the article identifies that the first-instance court applied the ex- regulation, which was in effect at the time the case was initiated, when the silver pheasant was in Group IB, to sentence the defendant to 6 years in prison. This ignored a new legal normative document (Circular 27/2025/TT-BNNMT) that took effect at the time of the trial, which reclassified the silver pheasant into Group IIB, with a lighter penalty. To achieve its objective, the article uses the case study method. Accordingly, the author analyzes the "Silver Pheasant" case as a typical case to clarify theoretical and practical issues regarding the effect of legal normative documents in legal application activities. In addition, the article also uses the legal analysis method to compare and contrast the old and new legal documents related to the case
ÁP DỤNG CÔNG ƯỚC CỦA LIÊN HỢP QUỐC VỀ HỢP ĐỒNG MUA BÁN HÀNG HÓA QUỐC TẾ TẠI TÒA ÁN VIỆT NAM VÀ TRUNG QUỐC DƯỚI GÓC ĐỘ SO SÁNH
The United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) is considered an international treaty with very important substantive rules directly regulating international sales contracts, contributing to unifying and improving the quality of law application in dispute resolution. The application of CISG in Vietnamese Courts and Chinese Courts has many similarities and differences in terms of the number of cases resolved by applying CISG accounts for a low proportion; lack of documents guiding the application of CISG; lack of legal basis on the principle of direct application of CISG; lack of arguments in judgments... The results of the research article aim to propose a number of recommendations to promote the application of CISG in Vietnamese Courts.
TỔ CHỨC VÀ HOẠT ĐỘNG CỦA CHÍNH QUYỀN CẤP TỈNH THỜI NHÀ NGUYỄN – BÀI HỌC KINH NGHIỆM CHO VIỆT NAM GIAI ĐOẠN HIỆN NAY
During the Nguyễn Dynasty, particularly after Emperor Minh Mang's reforms (1931-1932), the provincial level of administration first appeared, organized into 30 provinces and one prefecture (Phủ Thừa Thiên) with a rational structure and strict operational principles. In the context of Vietnam currently reorganizing its provincial administrative units towards a streamlined and effective local government model. This article analyzes the organization and operation of the provincial level during the Nguyễn Dynasty, thereby drawing some lessons learned for Vietnam in the current period.
QUY ĐỊNH VỀ QUYỀN THUÊ TRONG HỢP ĐỒNG THUÊ ĐẤT THEO LUẬT ĐẤT ĐAI NĂM 2024
Lease right in land lease contract is the right of land users formed in cases where the State leases land use rights with annual land rent collection. However, legal issues related to “lease right in land lease contract” still have many problems that need to be clarified. Therefore, in this article, the author focuses on analyzing the remaining problems and makes some recommendations to improve the law on lease right in land lease contract.
BUỘC THỰC HIỆN ĐÚNG HỢP ĐỒNG DO VI PHẠM HỢP ĐỒNG KINH DOANH BẤT ĐỘNG SẢN
Compelling the performance of contractual obligations is a remedy that functions to ensure that a contract is performed as agreed, thereby allowing the aggrieved party to achieve the purpose initially set out when concluding the contract. This remedy has been codified under the 2015 Civil Code and the 2005 Commercial Law of Vietnam. In the context of real estate business contracts, template contracts promulgated under Decree No. 96/2024/NĐ-CP dated July 24, 2024, of the Government, detailing certain provisions of the Law on Real Estate Business, also recognize the right of the aggrieved party to require the breaching party to continue performing the contract. However, in practice, the application of these legal provisions in resolving disputes arising from real estate business contracts remains problematic, with divergent interpretations leading to inconsistent solutions that have yet to adequately protect the interests of the aggrieved party and ensure a fair balance of rights and obligations between the contracting parties. This article focuses on analyzing the current provisions of Vietnamese law on the remedy of compelling the performance of contractual obligations and the practical application thereof in resolving disputes over real estate business contracts. On that basis, the author proposes solutions to improve the legal framework governing this remedy.
NGHĨA VỤ CẢI TẠO, XÂY DỰNG LẠI NHÀ CHUNG CƯ CỦA CHỦ SỞ HỮU CĂN HỘ - BẤT CẬP VÀ KIẾN NGHỊ HOÀN THIỆN PHÁP LUẬT
In the context of rapid urbanization, many condominiums built before 1994 have severely deteriorated, creating an urgent need for renovation and reconstruction to ensure residents’ safety and urban improvement. Although the Housing Law 2023 has established a legal framework for such activities, implementation remains challenging. The core reason lies in the legal system’s failure to fully and effectively define the obligations of condominium unit owners - the central actors in the renovation process. This article analyzes the shortcomings in current regulations concerning owners’ obligations, explains their underlying causes, and proposes solutions to enhance the effectiveness of condominium renovation and reconstruction.
TƯ DUY ĐỘT PHÁ CỦA ĐẢNG TRONG NGHỊ QUYẾT 66-NQ/TW VỀ ĐỔI MỚI CÔNG TÁC XÂY DỰNG PHÁP LUẬT VÀ THI HÀNH PHÁP LUẬT ĐÁP ỨNG YÊU CẦU PHÁT TRIỂN ĐẤT NƯỚC TRONG KỶ NGUYÊN MỚI
In the context of the Communist Party of Vietnam's comprehensive leadership of the State and society, the Party's leadership over law-making and law enforcement is of great significance in the country's development. Resolution 66-NQ/TW dated April 30, 2025 of the Politburo on innovation in law-making and law enforcement not only provides strategic solutions to continue promoting institutional improvement and implementation, but also clearly demonstrates the Party's breakthrough thinking to take the Vietnamese nation further, affirming the country's position in the new era. The article focuses on analyzing and explaining the Party's breakthrough thinking in law-making and law enforcement.
CĂN CỨ BỒI THƯỜNG TRONG HỢP ĐỒNG BẢO HIỂM TÀI SẢN: BẤT CẬP VÀ GIẢI PHÁP HOÀN THIỆN
The basis of indemnity in property insurance contracts constitutes the legal foundation for determining the scope and extent of the insurer’s liability to indemnify. The Law on Insurance Business 2022 has established fundamental principles, yet it still reveals significant shortcomings, such as the lack of clear conceptualization, the absence of unified criteria for asset valuation and loss assessment, the absence of a transparent mechanism for independent loss adjustment, and ineffective control over underinsurance. These deficiencies create risks of insurers imposing unfavorable calculations on policyholders, thereby increasing disputes and undermining the protective function of property insurance. On the basis of both theoretical and practical analysis, this article proposes legal reforms aimed at enhancing transparency, fairness, and effectiveness in property insurance contracts.
CƠ CHẾ ĐIỀU CHỈNH ĐẠO ĐỨC NGHỀ LUẬT Ở VIỆT NAM: TIẾP CẬN THỂ CHẾ VÀ ĐỊNH HƯỚNG CẢI CÁCH
The content of this article focuses on analyzing the regulatory mechanism of legal professional ethics in Vietnam from the perspective of modern institutions and international comparison. Based on a theoretical overview, the author establishes a four-component model that constitutes an effective mechanism for regulating legal ethics: setting standards, supervisory institutions, procedures for handling violations, and mechanisms of accountability. The author also points out that the current system in Vietnam still leans toward a soft-law orientation, lacking independent institutions, with limited transparency and weak social feedback. Furthermore, the author identifies the underlying causes in the legacy of administrative formalism, insufficient theoretical foundations, and inadequate societal pressure. On this basis, the author proposes and analyzes in detail the necessary solutions, such as developing a cross-sectoral code of conduct, partially codifying standards, establishing an ndependent ethics committee, strengthening social feedback, and reforming training toward case-based approaches.
BẢO ĐẢM QUYỀN CON NGƯỜI TRONG PHÁT TRIỂN ĐIỆN NĂNG LƯỢNG MẶT TRỜI TẠI VIỆT NAM: PHÁP LUẬT VÀ THỰC TIỄN
The human right to live in a clean environment is a part of human rights and has been recognized in the Constitution of the Socialist Republic of Vietnam and many international documents and conventions up to now. In the process of implementing the development of legal regulations on solar power development, it is necessary to comply with this principle. However, currently, the law on solar power development is mainly integrated into legal documents on environmental protection and some other legal documents. There are many gaps in legal regulations. Current solar power development mainly focuses on policies and mechanisms to encourage investment and development, but lacks regulations on management and control of negative impacts in the process of solar power development and policies to protect human rights. The article analyzes and clarifies the relationship between the issue of ensuring the right to live in a clean environment and the issue of solar power development, as well as analyzes the current legal status of gaps in the mechanism for handling solar batteries, the role of the community and the challenges of implementing this principle in the process of developing solar power. From there, it provides viewpoints and orientations to improve the legal framework in ensuring the requirements between implementing the right to live in a clean environment in solar power development.