Vietnam Law & Legal Forum Magazine is your gateway to the law of Vietnam

Official Gazette

Monday, May 10, 2021
Tags: 2015 Penal Code
New points and preparations for implementation of revised Law on Handling of Administrative Violations New points and preparations for implementation of revised Law on Handling of Administrative Violations
The Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations (the revised Law), passed by the 14th National Assembly at its 10th session and set to take effect in 2022, requires careful preparations as it directly relates to the people’s life. Deputy Minister of Justice Dang Hoang Oanh has recently granted the Online Newspaper of the Government an interview on new points and urgency of the promulgation and implementation of the Law in the coming time.
Vietnam adapts social security law to Industrial Revolution 4.0 Vietnam adapts social security law to Industrial Revolution 4.0
Dr. Le Thanh Binh Ho Chi Minh National Politics Academy Social security law constitutes a crucial factor contributing to the materialization of socio-political stability and sustainable development objectives. When manual labor is replaced by automation in the economy and robots replace men in various fields, millions of laborers in the world would find themselves unemployed, thus leading to a deeper social class division. Therefore, social security law should be reformed in conformity with such pillars as the Social Insurance Law, Health Insurance Law, Employment Law and Labor Code in order to assist laborers to be adaptable to Industrial Revolution 4.0.
Prevention and combat of corruption in management and protection of precious and rare wildlife Prevention and combat of corruption in management and protection of precious and rare wildlife
Vietnam is amongst countries with high biodiversity in the world where the livelihoods of many people depend on the nature. Unfortunately, the existence of many wildlife species in the country is in danger. There are numerous reasons behind this sad situation and corruption is believed to be one of main causes as it promotes illegal wildlife trade and, therefore, threatens the survival and sustainability of wildlife species.
Compatibility between Vietnams law and CITES regarding wildlife protection Compatibility between Vietnam’s law and CITES regarding wildlife protection
Vietnam became an official member of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in 1994. Since then, the Convention’s provisions have been step by step incorporated into the country’s legal framework. This article assesses the compatibility between CITES provisions and two important laws concerning wildlife conservation and protection, the 2015 Penal Code and the 2017 Law on Forestry, and puts forth some recommendations for further improvement.
Internationalization trend and challenges of Vietnams criminal legislation Internationalization trend and challenges of Vietnam’s criminal legislation
Vietnam’s criminal law’s evolution landmarks include the first-ever 1985 Penal Code, 1999 Penal Code (revised in 2009) and the latest Penal Code passed in 2015 (revised in 2017). Each of these codes and its revised version was imbued with characteristics of certain criminal legislation trends in its effective period. In the initial stage of codification of Vietnam’s criminal law, international aspects were embodied in a very moderate manner. The 1985 Penal Code only recognized some international criminal law principles regarding some crimes in order to protect interests of the international community. The 1999 Penal Code went further with some revisions to guarantee Vietnam’s responsibility as a state party to a number of conventions and treaties on criminal justice. However, these two codes have not yet initiated the internationalization trend of Vietnam’s criminal law. Until the 2009 Code revising the 1999 Penal Code and the 2015 Penal Code (revised in 2017), such trends as modernization, benevolence, international integration, judicial reform and respect for human rights are embraced. So, for what reasons Vietnam’s criminal law has been influenced by international criminal law and more and more clearly leaned toward consistency with international criminal law?
Overview of Vietnams law on wildlife conservation and protection Overview of Vietnam’s law on wildlife conservation and protection
The increase in human population and illegal wildlife hunting has led to a high risk of biodiversity loss and put many of the animals on the brink of extinction. Being fully aware of the seriousness of the situation, the Vietnamese Government has focused on improving the legal framework on wildlife conservation and protection. This article briefly introduces legal documents related to wildlife conservation and protection, analyzes shortcomings and limitations and puts forth some recommendations for improvement.
Vietnams juvenile justice as compared to common juvenile justice models around the world Vietnam’s juvenile justice as compared to common juvenile justice models around the world
This paper outlines the remarkable evolution of juvenile justice in Vietnam. It discusses the extent to which Vietnamese juvenile justice and related laws and policies have been shaped by identifiable ideologies and models of intervention. Moreover, the legal framework governing juvenile justice, mainly the 2016 Law on Children, the 2015 Penal Code, the 2015 Criminal Procedure Code and the 2010 Law on Execution of Criminal Judgments, is introduced to show the complex and scattered state of relevant legislation. The paper offers a short analysis of actors who perform the juvenile justice role or function and reveals a system without specialization or clear separation from the justice system for adult offenders. In addition to identifying emerging characteristics of the system, the author compares these with some typical juvenile justice models around the world, namely the welfare model, the justice model and the restorative model, and concludes that the Vietnamese model is a hybrid mixture of these three ones. Finally, the author makes some recommendations on shaping the juvenile justice system of Vietnam in conformity with international standards in order to meet access-to-justice needs of Vietnamese juvenile offenders.
Penal liability of corporate legal persons for wildlife-related crimes Penal liability of corporate legal persons for wildlife-related crimes
The 2015 Penal Code prescribes heavy fines for corporate legal persons’ crimes violating regulations on management and protection of endangered, precious and rare wild animals, ranging from VND 300 million to VND 15 billion. This shows that Vietnam is always aware of the nature and danger of these crimes to the ecological environment.
Land conflicts in emerging suburban areas in Vietnam: causes and effects Land conflicts in emerging suburban areas in Vietnam: causes and effects
This article takes initial steps in understanding causes and effects of land conflicts in Vietnam after the effect of the 2003 Land Law and its subsequent amendments. It examines institutional arrangements that govern land rights security but may have created biases toward different land users upon conflicting land use purposes. The analysis also examines the values of the two available large sample surveys in Vietnam (the citizen perception-based Vietnam Provincial Governance and Public Administration Performance Index (PAPI) and the firm perception-based Provincial Competitiveness Index (PCI)) in informing potential different treatments toward citizens and firms as land users.
Protection of endangered precious and rare wildlife under the 2015 Penal Code Protection of endangered, precious, and rare wildlife under the 2015 Penal Code
Compared to the 1999 version, the 2015 Penal Code’s provisions on protection of wildlife have been significantly revised toward expanding the scope of application of the monetary penalty, increasing penalties and adding some aggravating circumstances. This article analyzes these regulations and proposes a number of recommendations for more effective protection of endangered, precious, and rare wildlife.