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Tuesday, October 24, 2017

Vietnam, EU share experience in legal transplant

Updated: 16:16’ - 10/02/2015

European and Vietnamese scholars and lawmakers sat down together for a seminar on international legal adaptation on February 5 in Hanoi.

Addressing the seminar, themed “The Challenges and Practices of Legal Transplant in Viet Nam: Sharing European Experiences”, Chairman of the National Assembly’s Law Committee Phan Trung Ly said Vietnam was looking to reform its legal system, focusing on improving central institutions, satisfying demand for building jurisdiction and integrating into the international economy.

“Vietnam’s National Assembly has made numerous efforts to improve its legislative work through reference to and adoption of foreign laws,” Ly said. 

Still, legal transplant is a comparatively new legal term and has not yet been studied adequately in Vietnam. Moreover, there remain some inconsistencies between the Vietnam’s legal system and legal transplant practices in the world, Ly added. 

Delphine Malard, First Counselor and head of the Political, Press and Information Section of the Delegation of the European Union (EU) to Vietnam, said sharing European experience on this issue could bring about great values for Vietnamese lawmakers, especially in the situation whereby Vietnam needed to revise the country’s legal system in light of the 2013 Constitution.

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Chairman of the NA’s Law Committee Phan Trung Ly spoke at the seminar__Photo: VNA

 

According to Deputy Chairman of the National Assembly Office Nguyen Sy Dung, in Vietnam, the understanding of legal transplant remains incomplete and inconsistent. Currently, there exist different terms related to this issue in Vietnam such as legal adaptation, references to foreign laws and legal transplant.

Though the demand for referencing to foreign laws has increased, legal transplant practices will face many difficulties and challenges, which can be attributed to the lack of philosophy on receiving and importing laws. It is not to mention the fact that legal solutions can be influenced by lawmakers’ subjective opinions.

European experts attending the seminar shared their experiences transplanting legal and cultural aspects of the law in Europe.

On the Vietnamese side, National Assembly deputies and other scholars presented reports on the reality, challenges and recommendations related to legal transplant in Viet Nam.

The two-day event, which was hosted by the EU Delegation to Viet Nam and the National Assembly Office, was part of the EU-Vietnam Framework Agreement on Comprehensive Partnership and Cooperation.-
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