No.3 (348) March 2021
CONTENTS
LAW MAKING
1. TAO THI HUE - Application of the exception to the protection of public ethics in a number of trade agreements to which Vietnam is a member
Exceptions to the protection of public ethics are provided in many trade agreements to which Vietnam is a member. Because of the protection of public ethics, this exception allows members not to comply with the provisions of the agreement. In the scope of this article, the author mentions the content and how to apply exceptions to public ethics protection in a number of trade agreements to which Vietnam is a member, thereby making recommendations to Vietnam to effectively enforce this exception.
2. NGUYEN THANH QUYEN - Protection of denunciator in public non-business service units
The article presents regulations related to the protection of denunciator in public non-business units. Thereby, raising the inadequacies in the provisions of the law and making recommendations to improve these regulations.
3. LE THI VAN ANH - Provisions on the crime of human trafficking in the Criminal Code - Limitations and improvement orientation
This article analyzes and assesses the provisions of the Criminal Code of 2015 on the crime of human trafficking in Article 150, some shortcomings and limitations of legal provisions in practical application, thereby, proposing a number of opinions, solutions to improve the law.
4. NGUYEN TRONG TUAN & DAO NGAN - Criminal liability for commercial legal entities
This article outlines the conditions of prosecution and penalties for commercial legal entities; clarifies the inadequacies and problems in the application of criminal liability to commercial legal entities; from there, offers solutions to improve the law on penalties for commercial legal entity criminals.
5. DOAN VAN HUONG - To ensure the validity and efficiency of the sanctioning of administrative violations in the property auction domain
In this article, the author analyzes the factors that ensure the validity and efficiency of sanctioning of administrative violations in the field of property auction, on that basis, proposing solutions to improve the validity, efficiency of administrative violation sanctions in this field.
LAW AND ECONOMICS
6. NGUYEN NANG QUANG - Settlement of individual labor disputes according to the Labor Code of 2019
The article presents, analyzes and comments on the provisions of the Labor Code of 2019 on the resolution of individual labor disputes to improve the efficiency of application in practice.
7. NGUYEN THI NGUYET - To protect homonymous geographical indications in accordance with the provisions of intellectual property law
In the scope of the article, the author analyzes the legal provisions on the protection of homonymous geographical indications, focusing on main issues such as concepts, the basis for the protection of homonymous geographical indications and the conditions for protecting homonymous geographical indications, thereby, gives some recommendations to the provisions of the Draft Law amending and supplementing the Intellectual Property Law on this issue.
LAW IMPLEMENTATION
8. LE VAN DUC & LE THI HIEN - Training skills in legal consulting at the Central Law College
Training of legal consulting skills at the Central Law College is conducted through the subject "Law consulting skills". On the basis of the analysis and assessment of the current situation of legal consultancy skills training at the College, the article proposes solutions to innovate and improve the quality of legal consultancy skills training for students to better meet the needs of society.
9. VU THI HUONG - Some comments on marriage notes according to the provisions of Vietnamese law
Vietnamese citizens who marry with each other or marry a foreigner before a foreign competent authority will be recorded in the marriage register if they meet the conditions prescribed by Vietnamese law without having to re-register in Vietnam. However, there are still some shortcomings in the marriage note regulation. Therefore, in this article, the author analyzes the provisions of Vietnamese law on marriage conditions and marriage note conditions to see the limitations of this regulation, then propose solutions for improvement.
10. NGUYEN XUAN KY - Asset valuation in criminal proceedings - Some shortcomings and direction for improvement
In criminal proceedings, the valuation of property to fix the value of the infringed property has an important and compulsory meaning to determine whether the infringement of the property is a crime or not, besides it is also the basis for assessing the nature and level of danger of the criminal acts when the criminal is assessed and to determine the level of compensation for the person suffering from property damage. However, in practice, there are still many problems and shortcomings in application. In the following article, the author outlines some difficulties, problems and recommendations on this issue.
11. DINH PHAM VAN MINH - Improving the efficiency of administrative judgment execution
Administrative judgment execution is a new field compared to civil judgment execution and criminal judgment execution. Up to now, there are still many regulations inconsistent with reality. The articles conducts study on the provisions of the law on administrative judgment execution placed in relationship with other relevant laws. Finding out the difficulties, problems and shortcomings in practice, from there to research and propose solutions to improve the efficiency and effectiveness of this work.
12. NGUYEN TIEN HUNG - Managing and using protective forest land in Can Gio district, Ho Chi Minh City and proposing improvement of the law
In this article, the author outlines the characteristics and situation of management and use of protective forest land in Can Gio district, Ho Chi Minh city. Since then, giving out some inadequacies of the law on protection forest land management and proposing improvement of the law in this area.