Vietnamese Legal Research Articles

Improving Vietnamese Legal Framework to Ensure the Right to a Fair Trial for Defendants under 18

This article provides an overview of the international legal framework and Vietnamese law concerning the right to a fair trial of defendants under 18 years old. It conducts a meticulous comparison of the provisions of Vietnamese law with the relevant international standards, thereby identifying issues of incompatibility of Vietnamese law compared to international law. On this basis, the author highlights limitations and proposes solutions to strengthen Vietnamese law, ensuring a fair trial for defendants under 18. .

Ontology Knowledge Map Approach Towards Building Linked Data for Vietnamese Legal Applications

Today, every aspect of society’s activities is regulated by laws from the national and local levels. The increasing number of legal documents interwoven with each other also leads to difficulties in searching and applying in practice. In addition, later legal documents may change or invalidate previous legal documents. The construction of knowledge maps that involve one or a group of legal documents is an effective approach to represent actual knowledge domains. A legal knowledge graph constructed from laws and legal documents can enable a number of applications, such as question answering, document similarity, legal search, legal information retrieval, and legal argument claims. In this paper, we describe an ontology-based knowledge map approach for building a Vietnamese legal linked data from the source of about 325,000 legal documents. This study includes an integrated ontology to represent the legal knowledge from legal documents. This model integrates the ontology of relational knowledge and the graph of entities in the form of a concept graph. It can express the semantics of the content of a given legal document. In addition, this study also addresses potential legal applications, which can use the built linked data as a foundation resource of legal. We also highlight open challenges in the realization of knowledge graphs in a technical legal system that enables this approach at scale.

Vietnamese Legal Text Retrieval based on Sparse and Dense Retrieval approaches

We introduce the combination of two techniques: Sparse Retrieval and Dense Retrieval, while experimenting with different training approaches to find the optimal method for the Vietnamese Legal Text Retrieval task. Moreover, the Question Answering task was only built on the open domain of UIT-ViQuAD but shown promising results on the in-domain legal dataset. Finally, we also mentioned the data augmentation of legal documents up to 3GB to train the Phobert language model, improve this backbone with Condenser, Cocondenser in this paper. Furthermore, these techniques can be utilized for other information retrieval assignments in languages with limited resources.

Research on the Basis for Applying Mercantile Usage in Vietnamese Legal Practice

<p>2022年11月9日越南社會主義共和國政治局第27-NQ/TW號決議《關於在新時期建設和完善越南社會主義共和國法治》強調「完善法律體系和執法機制，使之嚴謹一致；確保憲法和法律得到遵守」的核心任務。一國商業活動蓬勃，是經濟發展的原動力，在此背景下，補充、更新和完善法源是必要的。在越南的法律實務中，將商業習慣作為法源之作法由來已久。本文致力於澄清在國內和國際貿易中更廣泛、更普遍地適用商業習慣的依據。</p> <p> </p>

Can Feminist Legal Theory Transcend Vietnamese Legal Education and Legal Research Towards the Goal of Addressing Women’s Issues?

This article aims to figure out why feminist legal theory is called for being studied in Vietnam and what are the possible implications of the movement of adopting feminist legal theory in Vietnam, specifically, for Vietnamese academia legal education and scholarship. This article first argues that Vietnamese legal scholarship and education lacks a soul regarding gender-related issues—a feminist insight. This article points out that finding a feminist legal theory has long been a quest for Vietnamese scholars. It would follow from this that the recognition and adoption of feminist legal scholarship can have overall positive impacts on the Vietnamese legal academia and its scholarship and contribute to addressing the need for gender equality in legal academia and the whole society.

Beginning of Protection of Children’s Rights in the Vietnamese Legal Development

In Vietnam, the government has focused on protecting children’s rights for many years, especially after the State signed the United Nations Convention on the Rights of the Child; however, whether such rights existed during the French colonial rule in Vietnam is an issue that needs to be clarified. This paper is formulated on the premise that the protection of children’s right was legislated in the Vietnamese law during the French occupation. In order to prove this position, this paper considers the laws enforced during the French colonial rule in Vietnam (1858–1945).

Vietnam’s Policy for Promoting Offshore Wind Power and Environmental Impact Assessment

With the advantage of a coastline of more than 3000 km, Vietnam has an advantage in the development of offshore wind. In recent years, the Vietnamese government has issued many policies that promote wind power development. To advance such development, Vietnam has also promulgated regulations related to environmental impact assessment. This article will provide an update on the current Vietnamese legal and policy framework applying to the development of offshore wind power, as well as Vietnamese regulations on the assessment of environmental impact in order to guarantee sustainable wind development.

Wrongful Birth and Wrongful Life Action: Does Vietnamese Legal System Practice?

Wrongful birth and wrongful life is a complex issue of Tort law the world over. The vast majority of wrongful birth and wrongful life claims for medical malpractice are brought in the tort of negligence. Increasingly, parents have become more knowledgeable about the various reproductive options available, and there has evolved a body of jurisprudence that has defined and defended the exclusive right of individuals to make their own decisions about conception and childbearing. Besides, seeking damages (economic and non-economic damage) are also essential issues. By introducing and comparing the legal principles of some legal systems, the paper clarifies the general picture of wrongful birth and wrongful life action. This work seeks to answer the question, “does the Vietnamese legal system practice wrongful birth and wrongful life action?” To answer the question, the research paper applies the method of analyzing and comparing some tort law systems related to the content.

A Study on the Translation Strategy of English and Vietnamese Legal Texts

최근에 불거진 역내 안보 이슈로 인해 우리나라와 대중국 관계는 악화로 일로 를 거듭하고 있다. 이러한 국제 정세의 변화 속에서 베트남이 우리나라 기업들의 차이나리스크 (China Risk) 회피를 위한 대안으로 각광 받고 있다. 구체적으로 2016년 현재 베트남은 미국, 중국, 홍콩에 이은 한국의 제 4위 투자국이자 중국, 미국, 일본에 이은 제 4위의 무역 상대국이기도 하다. 이와 같은 우리나라의 베트남에 대한 활발한 투자로 인해 베트남 법률, 특히 경제와 관련된 분야의 법률 정보에 대한 수요는 나날이 급증하고 있는 실정이다. 그러나 현실에서 베트남어와 관련된 번역 연구는 한국과 베트남 모두에서 아주 미미한 실정이다. 이에 본고에서는 양국 경제 관계를 상징적으로 보여주고 있는 한국과 베트남의 FTA의 일반규정 중 일부 영문조항과 해당 베트남어 조항 곧 출발언어로 영문조항을 목표언어로 베트남어 조항을 법률 전문용어 번역전략 분석을 위한 대상으로 삼아 번역과정에서 활용된 번역기법을 파악해 보고자한다. 이를 위해 법률 번역에서 유효한 Varo & Hughes의 일곱 가지 번역전략, Sarcevic의 다섯 가지 번역전략과 Varo & Hughes의 세 가지 번역전략을 소개하고 이 중 Varo & Hughes의 3가지 번역전략 치환, 확장, 변조를 중심으로 논의를 진행해 보았다. 그 결과 첫째, 영어와 베트남어는 서로 다른 언어계통에 속한 언어임에도 문법적, 구문적인 공통점을 가지고 있는 언어이어서 문법적인 변화, 품사의 변화를 통해 이루어지는 치환전략이 많은 비중을 차지하지 않고 있다는 것이다. 둘째, 사회주의라는 정치체제로부터 발생하는 제도적인 차이, 서로 다른 법률체계로부터 오는 차이, 문화적인 차이 등으로 인해 많은 의미적인 공백이 발생하게 되는데 이를 해소하는 데에는 확장과 변조전략이 유효하다는 것이다. 셋째, 전술한 바와 같이 정치, 문화, 언어습관 등에서의 상이성으로 인해 일부 조항에서 번역의 의미가 명료하지 않게 되거나 드물지만 의미가 일치하지 않는 사례도 발견되고 있다는 점이다.Due to recent security issues in the region, relations between Korea and China are getting worse. In response to such changes in international circumstances, Vietnam is attracting attention as an alternative to avoiding the China risk of Korean companies. Specifically, as of 2016, Korea is Vietnam’s fourth largest investor after the United States, China and Hong Kong, and the fourth largest trading partner after China, the United States and Japan. Korea is actively investing in Vietnam. As a result, the demand for legal information of Vietnam, especially in the fields related to the economy, is rapidly increasing. However, in reality, translation research related to Vietnamese is very limited in both Korea and Vietnam. In this paper, we try to grasp the legal terminology translation techniques used in the translation process by analyzing some English articles(ST) and Vietnamese articles (TT) of Korea - Vietnam FTA, which symbolize economic relationship. To do this, we introduce the seven translation of Vinay & Darbelnet, the five translation strategies of Sarcevic and the three translation strategies of Varo & Hughes. And we will try to develop a discussion on the three translation strategies - transposition, expansion, and modulation of Varo & Hughes. According to the results of the case analysis, first, English and Vietnamese are languages ​​belonging to different language systems. Nevertheless, they have grammatical and syntactic similarities. Therefore, it was found that the frequency of use of transposion through grammatical change and part - speech change is not high. Second, there are many gaps in meaning due to institutional differences, legal systems, and cultural differences arising from the political system of socialism. Expansion and Modulation strategies are effective in resolving these gaps. Third, as mentioned earlier, differences in political, cultural and linguistic habits make it possible to find Indefinite translations, or wrong translations, in some article of the agreement.

The Vietnamese Legal and Policy Framework for Co-Management in Special-Use Forests

Co-management has been introduced into Special Use Forests (SUFs) of Vietnam for more than 10 years. However, the extent to which Vietnamese laws and policies support co-management remains unclear. This paper reviews existing policies and laws from the national to commune levels and assesses their facilitation of co-management in SUFs. The review demonstrates there is support for co-management, albeit scattered and uncoordinated across a range of policies and laws. Modifications to policy on ownership and use rights would support the development of SUF co-management. Additionally, clearer legislative underpinning for benefit sharing in SUFs could better incentivize the participation of local people and private sector actors to engage in more effective co-management arrangements.

A New Generation and New Thinking in Vietnamese Legal Scholarship

A New Generation and New Thinking in Vietnamese Legal Scholarship

Reforming the Vietnamese Legal Education system: possibilities and perspective

<span style="font-family: 'Palatino Linotype','serif'; font-size: 12pt; mso-fareast-font-family: 'Times New Roman'; mso-bidi-font-family: Arial; mso-ansi-language: EN-AU; mso-fareast-language: VI; mso-bidi-language: AR-SA;" lang="EN-AU">This paper discusses the demand and various possibilities for the reform of Vietnamese legal education. </span><span style="font-family: 'Palatino Linotype','serif'; font-size: 12pt; mso-fareast-font-family: 'Times New Roman'; mso-bidi-font-family: Calibri; mso-ansi-language: EN-US; mso-fareast-language: VI; mso-bidi-language: AR-SA;" lang="EN-US">A particular emphasis will be placed on clinical legal education (CLE) as a potential option for this reform.</span>

The History of Vietnamese Legal System and Its Structural Features

The History of Vietnamese Legal System and Its Structural Features

Vietnamese Legal Reform: The Discourses of Aid?

In 2006, Pip Nicholson attended a conference in Seattle convened by the Universities of Washington and Umea together with the Illinois Urbana-Champaign College of Law. In the course of discussion she perceived divergent bases invoked to legitimate legal development initiatives in developing or transitional economies. More particularly, she noted that from parts of Europe public international law is used as a framework to morally inform and legitimate international legal aid. Those speaking on or about American and multilateral donor interventions identified sustainable economic 'development' as the legitimating mantra in the area of law and its development (either implicitly or explicitly). This remained the case even though 'sustainable economic development' is now often linked to or discussed using the language of good governance and rule of law. As a result two issues emerged, at least for the authors. The first was the hoary and enduring issue of the extent to which the 1960s law and development movement has been replaced or continues as the rationalisation for aid. This issue has been taken up at quite some length in the literature. David Trubek explores this issue when he argues that we are now in a 'Third in Law and Development' which he characterises as containing:a mix of very different ideas for development policy. These include the idea that markets can fail and compensatory intervention is necessary; as well as the idea that 'development' means more than economic growth and must be redefined to include 'human freedom'. As Trubek notes later in his chapter, 'despite rhetorical change the development assistance world still places primary faith in markets.' More particularly, this is acted out through development agency policies that largely retain the universal solution of 'market fundamentalism and market integration'. Trubek puts to rest the notion of a static law and development movement locked within the 1960s tradition. He thereby answers this first question.The contours of the third law and development Moment are fluid, but as Trubek notes they retain a privileged space for aid for markets. The question this paper then asks is whether the current law and development Moment, as defined by Trubek, captures all aid activity. Alternatively, are there deviants? Put another way, are there donor-generated legitimations for aid that do not privilege markets? Trubek offers a paradigm to which we can return. After analysing the respective aid agendas of Australia and Sweden comparatively, the issues of a taxonomy of aid in the twenty-first century can be revisited. At a greater level of specificity, this paper asks to what extent different legitimations for bilateral legal aid emanate out of parts of Europe and other parts of the globe (such as America or Australia). This is an important and relatively unexplored question. Its significance lies in the fact that if indeed bilateral aid is, even in part, motivated and activated by different aims, strategies and implementational models this contributes to the debate about whether we are in a law and development paradigm alone or whether other approaches to aid exist, at least with respect to bilateral aid. Discerning what might be used to legitimate aid and how it may be rationalised may also have implications for those seeking to look to the comparative aid experience. For example, if the objectives and domestic policy agendas differ between aid agencies, then 'inter-aid borrowing' (borrowing between aid agencies) needs to be undertaken with that information to hand. We argue that there are indeed apparent differences between how Swedish and Australian aid is rationalised. This in turn reflects at least partially divergent objectives for international aid in the legal sector. However, the differences are at their most explicit in aid policy documentation and project documents generated for the donors' domestic audience. During implementation, arguably, the differences soften as each agency steers a practical course in negotiating aid commitments with the recipient countries and delivery. Therefore, through an analysis of the discourses of aid in each country we offer a preliminary reading of the many ways in which aid is legitimated and articulated by these two donors in the legal sector in Vietnam, noting how the legitimations vary.