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Official Gazette

Wednesday, August 12, 2020
Tags: Supreme People’s Court
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.
Socio-economic issues heat up agenda of NAs ninth session Socio-economic issues heat up agenda of NA’s ninth session
Legislators on June 15 scrutinized the supplementary assessment of the implementation of the National Assembly’s resolution on the socio-economic development plan and State budget in 2019 and early 2020.
Constitutional defense: The ground for guaranteeing sovereignty of the people Constitutional defense: The ground for guaranteeing sovereignty of the people
The current Constitution of Vietnam stipulates that all state power belongs to the people. However, for several reasons, including the lack of a complete and comprehensive mechanism to defend the Constitution, the effectiveness of constitutional defense activities in Vietnam remains below expectations. This article analyzes the need and recommends some solutions for guaranteeing people’s sovereignty in the country through constitutional defense activities.
Social insurance law: overview and solutions for improvement Social insurance law: overview and solutions for improvement
Social insurance is a main pillar of the social security system in Vietnam’s socialist-oriented market economy, which plays an important role in realizing social progress and justice, improving people’s lives, and ensuring socio-political stability and national sustainable development. Proper implementation of social insurance is the duty of the entire political system and responsibility of Party organizations and administrations, socio-political organizations, businesses and people. One of the key factors for proper implementation of social insurance is policies and laws governing this social service. This article examines limitations in the current legal system on social insurance and puts forward solutions for improvement of this important system.
Validity of liquidated damages clause under Vietnams Law Validity of liquidated damages clause under Vietnam’s Law
Liquidated damages is one of the important remedies that are widely known in various types of contracts. However, the validity of liquidated damages clause is still an uncertain thing under Vietnam’s law, giving rise to a number of disputes over this clause when being applied in Vietnam.
Bringing Vietnams criminal justice system in harmony with the convention against torture Bringing Vietnam’s criminal justice system in harmony with the convention against torture
The 1984 United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), one of the nine fundamental conventions on human rights, came into force on June 26, 1987, after being ratified by 20 member states[1]. Vietnam acceded to the UNCAT on November 7, 2013, and ratified it a year later. As a member state to the UNCAT, Vietnam has spared no efforts to build its legal system, particularly criminal justice laws including the Penal Code, Criminal Procedure Code, Law on Custody and Temporary Detention, Law on Execution of Criminal Judgments, Law on Organization of Criminal Investigation, etc., in conformity with the UNCAT.
Eighth session of 14th National Assembly opens Eighth session of 14th National Assembly opens
The 8th session of the 14th National Assembly opened in Hanoi on November 21.
NA Standing Committees 37th session wraps up NA Standing Committee’s 37th session wraps up
The National Assembly Standing Committee concluded its 37th session in Hanoi on September 20 under the chair of NA Chairwoman Nguyen Thi Kim Ngan.
NA Standing Committee to question ministers NA Standing Committee to question ministers
Fifteen ministers and leaders of sectors will field questions lawmakers this week at the 36th session of National Assembly (NA) Standing Committee.
Corporate liability for offenses against the economic management order in Vietnam Corporate liability for offenses against the economic management order in Vietnam
The 2015 Penal Code (revised in 2017) (the Code) is Vietnam’s first and only code that holds commercial legal persons criminally liable for committing criminal acts. This is a breakthrough in the country’s criminal justice policy and leads to a substantial change in the general perception about crime and punishment. It also applies various penalties to commercial legal persons found liable for crimes[1], including three principal penalties (fine, suspension from operation, and termination of operation), three additional penalties (prohibition from doing business or operating in certain areas, prohibition from raising capital, and fine, when not imposed as a principal penalty), and five judicial measures (confiscation of objects and money directly related to the crime; return of property, redress of or compensation for damage; coerced public apology; coerced restoration to the original state; and coerced application of measures to redress and prevent further consequences).

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