Institutional improvement and legal reform in Vietnam
In the process of transition from the centrally-planning economy to the market economy, the economic reform in Vietnam has gained significant achievements. The annual average growth of GDP was approximately 7%. The total amount of mobilized investment for the country’s development purposes has increased by 18.2% per year, of which domestic investment accounted for 67.2%, and registered foreign direct investment (FDI) was 7 times higher than the figure in the previous 5 years combined. The country’s GDP in 2010 has doubled the GDP in 2005; GDP per capita is about USD 1,200. Despite of the recent economic recession in the region and in the world (especially economic and financial crisis in 2008 and public debt crisis in 2011), the national economy of Vietnam has developed stably and achieved important projected purposes.
Talking on the birth registration signed by both parents
Under the guidance in Circular No. 05/2012/TT-BTP of Ministry of Justice, from the date of July 10, 2012, on the birth registration declaration signed by the parents. Implement this provision in real life, people and officials of Justice - Civil Status in root also met some hard case.
Experts comment on Draft Land Law
Mechanism of transfer of land from agricultural to non-agricultural land is the problem "hot", it contains the risk of corruption and raises lawsuit. To solve this problem, an expert said that the draft Land Law should define principles for determining the land compensation based on the consensus of the majority of citizens in the community land clearance, as well as the need to promote the role of appraisal organizations.
The amended Civil Code of Vietnam needs to limit inequality between the secured creditors
In the process of amendment and supplement of the 2005 Civil Code of Vietnam, that is one of the important issues, there are many different opinions about a legal mechanism between secured creditor disposes of the goods in legal right to ensure secured creditors with unsecured and non-guaranteed creditors estimated. In the research process, amending the 2005 Civil Code of Vietnam, we believe that the need to continue to carefully consider the following issues:
Discusses the philosophy proceedings in the Common Law system
In modern world exists two major procedural system to protect the legitimate rights and interests of organizations and individuals at the trial is proceeding inquisitorial system - mainly exist in civil law systems and adversary system - mainly exist in the Common Law system. The phrase "adversary system" is much literature in Vietnam has "litigation system" or "the procedure of litigation." However, this article will use the term "systematic procedure" to reflect more deeply and more clearly the nature of this system from the perspective of the philosophy of the proceedings.
The Cruel Paradox of Self-Publishing
Digital and print-on-demand technology has made self-publishing much easier. But for every self-published work that gains traction, the overwhelming majority of books don't.
Why they needs the Trans-Pacific Partnership
As the Doha Round of global trade talks nears its 12th year with no end in sight, the negotiations have all but failed. Frustrated with Doha’s stagnation and eager to expand trade and secure alliances, the United States has signed a series of bilateral free-trade agreements (FTAs), culminating in last year’s pacts with Colombia, Panama, and South Korea. These deals have been generally favorable to the United States; the agreement with South Korea is expected to increase trade between the two countries by billions of dollars and create tens of thousands of jobs for each.
Legal Culture and Judicial Reform
While reformers have often turned to foreign models when thinking about how to improve the operation of a legal system, it is widely acknowledged that simply grafting borrowed laws or legal institutions into a new context frequently does not have the desired effects. Thus, there is an increasing sense that reform projects must be more sensitive to local context. One aspect of local context that is frequently cited as important by scholars and practitioners is the “legal culture” of various countries.
Legal culture is often considered as a given feature of the local environment to which proposed legal reform projects must adapt; many argue that legal and judicial reform programs must be tailored to fit local legal culture or they will fail. Other times, the prevailing legal culture itself may be the object of reform, rather than merely a constraint. Thus, understanding the arguments related to the concept of legal culture will become increasingly important for aspiring legal reformers. This topic brief will address the importance of legal culture for legal reform and development work, focusing on the difficult problems of defining, measuring, and making causal arguments with “legal culture”.