Tạp chí Nghiên cứu lập pháp của Văn phòng Quốc hội.
Some issues on Banking Law in the context of digital transformation in Vietnam today
In the context of digital transformation across all sectors of the economy (particularly in the financial-banking sector) in Vietnam today, it is essential to identify the challenges posed to the legal system in general and banking law in particular, thereby setting out orientations and solutions to improve the law, ensuring the development of a transparent and efficient digital economy, and protecting the legitimate rights and interests of banking service consumers. The article focuses on analyzing the characteristics of digital transformation in the banking sector, the issues arising for banking law in this context, and proposing solutions for improvement.
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The Draft Law on lawyers (Amended) and the issue of enhancing the competitiveness of Vietnamese lawyers
The article provides comments on several issues in the Draft Law on Lawyers (Amended), including: reforming the organizational and operational models of law firms, improving practicing conditions and the role of lawyers, and encouraging digital transformation in legal practice, with the aim of enhancing the competitiveness of Vietnamese lawyers in the domestic and international legal services market.
Comments on the Draft Law Amending and Supplementing several articles of the 2024 Law on Notarization
Amidst adjustments in the Vietnamese legal system to meet socio-economic development requirements, regulations in the field of notarization are undergoing profound impacts. This necessitates the amendment and supplementation of the 2024 Law on Notarization to ensure consistency, coherence, and compatibility of the legal system. The article focuses on analyzing and providing comments on the Draft Law amending and supplementing certain provisions of the 2024 Law on Notarization, based on an assessment of the shortcomings of the current regulations and the demands arising from practical application.
Controlling the content of transactions under the 2024 Law on Notarization: An approach from the perspective of dispute prevention
The 2024 Law on Notarization was enacted to improve the legal framework for notarization activities, contributing to the legal safety of transactions. However, a notable limitation is the lack of an effective mechanism to control the substantive content of transactions. This article analyzes this limitation from the perspective of the dispute-prevention function of notarization, thereby proposing several recommendations for improvement in order to enhance the effectiveness of the notarization system in the context of the ongoing amendment and supplementation of the 2024 Law on Notarization.
Perfecting the law on functions and duties of Vietnamese representative agencies abroad
The article indicates that the current provisions on the functions and duties of representative missions under the 2009 Law on Overseas Representative Agencies of the Socialist Republic of Vietnam (amended in 2017) remain framework-based and lack direct enforceability, leading to formal compatibility but fragmented implementation. Based on normative analysis and international experience, the author proposes amending the Law to position representative agencies as institutions providing transnational public services; clarifying their functions, duties, and mechanisms for inter-sectoral coordination; supplementing the legal framework on citizen protection in times of crisis, economic diplomacy, and digital diplomacy; developing interconnected data platforms; and strengthening legal responsibility and accountability in the operations of representative agencies.
Enhancing the operational efficiency of the 16th National Assembly deputies: An Approach from Legal Status to Task Performance Capacity
The author focuses on analyzing the provisions of the Constitution and the Law on Organization of the National Assembly regarding the legal status of National Assembly deputies. The article affirms the principle of equality between full-time and part-time deputies, while clarifying differences through the conditions and levels of task execution. Based on the practical activities of the 15th National Assembly and the election results of the 16th National Assembly, the article identifies the trend toward professionalism, quality, and increasing requirements for deputies. On this basis, the author proposes several solutions to improve the effectiveness of the deputies’ activities.
Continue building and perfecting the institutions for socio-economic development in accordance with the Resolution of the 14th National Congress of the Party
One of the major viewpoints and orientations affirmed in the documents of the Party’s 14th National Congress is the need to continue building and perfecting institutions, especially those for socio-economic development, and to regard this as a strategic breakthrough with a particularly important role in ensuring the country’s rapid and sustainable development in the new era. This article analyzes and clarifies the role of institutions in the new era, while also outlining several orientations for continuing to build and perfect socio-economic development institutions in the new era.
The role of legal education institutions in legal aid activities
Legal education institutions play an important role in legal aid activities, contributing to the linkage between theory and practice while training a team of legal professionals with competence and a spirit of community service. The legal aid activities of legal education institutions help disadvantaged people access justice and protect their legitimate rights and interests. These institutions also play a role in researching and proposing policies to improve the effectiveness of the legal aid system, as well as cooperating with competent authorities in legal dissemination projects. This article analyzes the role of legal education institutions in legal aid activities in Vietnam and proposes recommendations to enhance the effectiveness of their legal aid activities in the coming time.
Perfecting the Law on Legal Aid of 2017 to contribute to ensuring citizens’ right to access to justice
The article analyzes the theoretical framework of the right to access justice, legal aid, and the role of legal aid in ensuring citizens’ right to access justice. It evaluates the shortcomings and gaps of the Law on Legal Aid of 2017 by comparing them with changes in the Party’s guidelines and policies, laws on organizational structure, international commitments, and the practical situation in localities in Vietnam after the streamlining of the state apparatus. On this basis, the article proposes solutions to improve the Law on Legal Aid of 2017, thereby contributing to the protection and promotion of citizens’ right to access justice.
Improving legislation on the notarization of residential housing donation contracts involving foreign recipient
In the context of extensive international integration, civil transactions involving foreign elements are increasing, including the donation of residential housing to foreigners. However, current Vietnamese law still contains gaps and inadequacies in regulating the notarization of housing donation contracts where the recipient is a foreigner, particularly concerning subject eligibility, the scope of housing ownership, the inspection obligations of notaries, and coordination mechanisms between competent authorities. The article focuses on analyzing current legal provisions on notarization and relevant housing laws, highlighting limitations and obstacles in practical application. Consequently, the article proposes orientations and solutions to perfect the law, ensuring transparency and legal certainty for such transactions.
Perfecting the legal framework for notarization and authentication of real estate transactions following the spirit of Resolution No. 66-NQ/TW
The notarization and authentication of real estate transactions play a vital role in ensuring legal safety and providing evidence for competent authorities during dispute resolution. However, in the context of digital transformation and the application of artificial intelligence, the question arises as to whether to maintain current regulations or shift toward recognizing the legal validity of transactions verified via digital platforms integrated with interconnected databases. This necessitates a balance between administrative reform requirements and the objectives of legal risk control, prevention, and enforcement costs. Based on the guiding principles and core content of Resolution No. 66-NQ/TW, the article identifies existing legal gaps, references international experiences, and proposes solutions to perfect relevant legal regulations.
Improving the Draft Law on Access to Information (Amended) through South Korean Experience
Based on a commentary regarding several contents of the Draft Law on Access to Information (amended), this article clarifies new points concerning the subjects responsible for providing information, the scope of access, and the disclosure mechanism. Simultaneously, through a study of legal regulations and information disclosure practices in South Korea, the article identifies legal gaps in Vietnam’s Draft Law on Access to Information (amended) and proposes suggestions for continued improvement.
Comments and recommendations on the Draft Law on access to information (amended)
To strengthen the assurance and protection of citizens’ right to information in the new context, the Draft Law on access to information (amended) has introduced several significant policies regarding: the scope of information to be provided; expansion of subjects responsible for providing information; broadening the categories of information subject to mandatory public disclosure; diversification of information provision methods; and supplementary measures to ensure the right to access information, thereby facilitating citizens’ exercise of this right. However, certain provisions in the Draft Law require further deliberation regarding policy implications or legislative techniques. This article discusses and provides recommendations on several issues for further research to refine the Draft Law on Access to information (amended) before its submission to the National Assembly for approval.
Improving the quality of National Assembly deputies from the practice of the 15th National Assembly to orientations for future terms
This article analyzes the current quality of the 15th National Assembly deputies in terms of professional qualifications, political competence, management experience, and the capacity to perform duties in legislative activities, oversight, and decision-making on crucial national matters. On this basis, the article identifies several limitations and lessons learned, proposing strategic orientations to further enhance the quality and operational efficiency of National Assembly deputies in future terms.
Central - Local decentralization reform in Japan and implication for Vietnam
Japan and Vietnam both operate under a unitary state model. The context and organizational status of the relationship between the central and local governments in Japan at the end of the 20th century (prior to decentralization reforms) share significant similarities with the current requirements for reforming local government activities in Vietnam. Based on an overview of the context, decentralization philosophy, and achieved results, as well as issues arising from Japan's reforms, this article derives experiences that Vietnam may reference in innovating and perfecting its policies and laws on promoting decentralization and delegation of power.
Legislation on social criticism in Vietnam today - Current status and recommendations
Finalizing the law on social criticism is a crucial and necessary task to establish a synchronized legal corridor that encourages the proactive and active participation of stakeholders in the social criticism of Communist Party and State policies. This article assesses the current status of legislation regarding social criticism in Vietnam and outlines several recommendations for improvement.
Perfecting legal regulations on the costs of preserving inheritance
Alongside regulations on obligations, inheritance law provides for the rights of the inheritance administrator, including the right to remuneration and reimbursement for inheritance preservation costs. However, current legislation lacks specific criteria and conditions for determining remuneration levels and deductible administrative expenses. Consequently, when disputes arise, judicial outcomes are occasionally inconsistent and fail to ensure equity. This article analyzes the limitations of the law concerning inheritance preservation costs, clarifies obstacles arising from judicial practice, and proposes recommendations for improvement.
Practical application of law regarding penalties for breaches in commercial contracts
In commercial activities, a commercial contract serves as the foundation for establishing the rights and obligations of the participating parties. The 2005 Commercial Law enacted a legal framework for remedies for contractual breaches, among which, penalties for breach are of particular interest due to their nature as a rigorous monetary sanction intended to deter non-compliance. This article analyzes and evaluates the practical application of the law regarding penalties for breach in commercial contracts and provides recommendations for improvement.
Legal framework for the carbon market in Vietnam
To enhance the effective resolution of climate change issues, the United Nations has identified the exchange of carbon credits as a primary method for greenhouse gas emission reduction. Through carbon markets, entities can offset their emissions by purchasing additional emission quotas or carbon credits. For a carbon market to function efficiently, Vietnam must develop a comprehensive, transparent legal framework aligned with international standards. This article analyzes three key components of the legal framework for the carbon market: (i) International legal regulations on carbon markets; (ii) Vietnamese legal regulations on carbon markets; and (iii) Recommendations to perfect the legal framework for the carbon market in Vietnam.
Declining international civil jurisdiction under the laws of certain European countries and recommendations for Vietnam
There are numerous grounds upon which a national court, despite possessing jurisdiction over an international civil matter, may decline to adjudicate, declares that it does not accept the request; such as the case is under the exclusive jurisdiction of a foreign court, matters currently pending before a foreign court, the defendant is entitled to immunity, or when a foreign court is deemed more suitable to resolve it. This article focuses on studying the case where a national court “cedes” its jurisdiction to a foreign court on the basis that the latter is better suited to resolve the dispute, a principle known in legal theory as “Forum non conveniens”.
Legal environment for the development of the private sector in Vietnam in the new era
In the current domestic context, the private sector is intrinsically linked to and inseparable from the market economy. To ensure the progression of the private sector, it is imperative to remove institutional bottlenecks and establish an optimal, appropriate legal business environment. By analyzing the legal requirements for private sector development and the market economy, this article researches and categorizes the essential components of the general legal business environment; then, it evaluates the current status and proposes orientations for reforming the legal business environment in Vietnam.
Organizational and management models of safety assurance funds in certain countries and implications for Vietnam
Using methods of analysis, synthesis, and comparison, the article researches the organizational and management models of Preservation Funds in several countries and the current status of such models in Vietnam. Based on international models and assessments of Vietnam’s Preservation Fund model, the article proposes solutions to improve the law and the Regulation on the management and use of the Preservation Fund issued by the Cooperative Bank of Vietnam.
Policies and laws on green building development in Vietnam - Inadequacies and recommendations for improvement
This article focuses on analyzing and clarifying the development trends of green buildings in Vietnam. It assesses the current status of policies and laws governing green building development activities, then it offers several recommendations for improvement.
Authentication of transactions established in the name of a company in the process of incorporation - International experience and implications for Vietnam
The creation of a company requires necessary preparatory activities. The larger the company, the more rigorous and thoughtful the preparation should be. In practice, many companies proactively carry out necessary transactions for future settlement. In the context where a transaction is established for the benefit of a legal entity that has not yet officially come into existence at the time of the transaction, it is essential to place the transaction within a special legal framework that prevents risks of harm to the parties involved. Practice also shows that two types of legal entities genuinely need to establish transactions during the preparation period for their formation: Cooperatives and companies. Both are commercial legal entities, which can be collectively referred to as companies. National laws pay close attention to regulating this type of transaction. The experiences of other countries provide valuable lessons for Vietnam.
Marriage and family law from a gender equality perspective – Developmental process and directions for improvement in the new era
This article focuses on analyzing gender equality perspectives in building a legal framework to regulate legal relations. It analyzes and evaluates the core contents of marriage and family law through historical periods from a gender and gender equality lens using specific gender analysis tools. It points out limitations in implementation and application to resolve practical cases, thereby proposing solutions for the perfection of marriage and family law in the new era.
Grounds for labor discipline via dismissal - Limitations and solutions
This article focuses on analyzing inadequacies in legal regulations concerning the grounds for labor discipline by dismissal. Based on this analysis, the author proposes several solutions to improve the law on this issue.
Grounds for annulling disciplinary decisions against officials and public servants - current status and recommendations for improvement
A disciplinary decision issued against an official or public servant may potentially be inconsistent with legal regulations, which not only affects the disciplined individual but also diminishes the prestige of the agency or the competent person who issued the decision. In such cases, a handling mechanism for that decision is required. Although current law provides a mechanism for annulling disciplinary decisions, many limitations remain in both the legal framework and practical implementation. In this article, the authors analyze and evaluate the current legal status regarding the grounds for annulling disciplinary decisions, thereby proposing recommendations for improvement.
Ensuring the right to live in a clean environment against the risks of climate change
This article examines the issue of ensuring the right to live in a healthy environment amidst the threats posed by climate change. It outlines the current state of legal regulations and law enforcement practices regarding this matter in Vietnam, thereby proposing several recommendations for improvement.
Challenges and solutions for legal transplant in Vietnam
In Vietnam, legal transplant is not entirely a new phenomenon, as Chinese, French, and Soviet laws have been transplanted to varying degrees throughout Vietnamese legal history. Legal transplant is a complex undertaking. Recognizing the difficulties and challenges in legal transplant is crucial and significant from both theoretical and practical perspectives. In this article, the author identifies the challenges of legal transplant while initially proposing practical solutions to enhance the effectiveness of legal transplant in Vietnam in the coming period.
Complaints and complaint resolution in electoral activities
Elections are a crucial event in the political life of the country and its people. They encompass numerous specific activities carried out by state agencies, socio-political organizations, social organizations, and individuals. Therefore, errors are inevitable, and individuals or organizations may exploit the system to commit illegal acts for personal gain. These errors and violations of the law in elections affect the rights and interests of voters, candidates, and other individuals and organizations. Thus, the right to appeal is considered a way to protect the legitimate rights and interests of individuals and organizations. This article presents the legal regulations on appeals and their resolution in election activities, and analyzes the shortcomings in this area; based on this, the article proposes improvements to these legal regulations.