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Book
331 pages ; 25 cm
  • Overview of the Vietnamese state and legal system
  • Human rights and ensuring business freedoms in Vietnam
  • The civil law
  • Criminal law
  • Vietnamese law on investment
  • Law on business organizations
  • Commercial law
  • Labour law
  • Land law
  • Tax law
  • Civil relationships with foreign elements.
"This is the first book which is written on ten legal areas of the modern Vietnamese legal system and published in English language. Its authors are eleven legal scholars who are prestigious professors, associate professors and senior lecturers of the Ho Chi Minh City University of Law. The book is compiled thoroughly to express authors' effort in bringing the understanding of Vietnamese law to foreign legal scholars, experts, investors and foreigners."-- Page 5.
Law Library (Crown)
Book
xv, 264 pages ; 24 cm.
  • Introduction
  • General principles of Vietnamese private international law
  • Contracts
  • Tort
  • General conclusion.
Law Library (Crown)
Book
ii, 121 p. : col. map ; 27 cm.
In Vietnam, people dependent on drugs can be held in government detention centers, where they are forced to perform menial labor for up to four years in the name of 'treatment.' Their detention is not subject to any form of judicial oversight. The result is a system of forced labor on a massive scale. This report is based upon the experiences of 34 former detainees from 14 of the 16 centers under Ho Chi Minh City administration. They describe how they were beaten with wooden truncheons, shocked with electrical batons, and deprived of food and water. Children who use drugs are also held in these centers, where they are forced to work, beaten, and abused. The report describes some of the industries profiting from so-called labor therapy. Former detainees reported being forced to work in agricultural production, manufacturing, and construction work. Some detainees received no payment for this work. Others were paid at a fraction of the minimum wage, their meager pay reduced further by charges for food, accommodation, and "managerial fees." Some international donors have funded the training of center staff in drug dependency treatment, thus undermining the need to end this abusive system. Other donors have supported health interventions inside these centers because of the high number of detainees living with HIV. However, under Vietnamese law, HIV-positive individuals in drug detention centers have a right to be released if the centers cannot provide appropriate medical care. In this way efforts to support HIV treatment in drug detention centers have had the perverse impact of enabling the centers to detain HIV-positive drug users for more time. Human Rights Watch calls on the Vietnamese government to permanently close its drug detention centers and expand access to voluntary, community-based drug dependency treatment that comports with international standards. Foreign and Vietnamese companies working with Vietnam's drug detention centers, including through sub-contractors, should cease such relationships immediately. Donors and their implementing agencies should review all funding, programming, and activities directed to assisting Vietnam's drug detention centers to ensure no funding supports policies or programs that violate international human rights law.
Green Library
Book
59 p. : col. ill. ; 28 cm.
  • Introduction
  • I. Dr. Cu Huy Ha Vu's Arrest
  • II. A Legal Activist
  • III. Family of Noted Revolutionaries
  • IV. Vigorous Responses from the Family and Defense Team
  • V. Use of the Internet in the Case
  • Disseminating Dr. Vu's Views
  • Circulating Information in Dr. Vu's Defense
  • VI. Mixed Messages: The Official Responses to Dr. Vu
  • VII. The April 4 Trial
  • Procedural Violations at the Trial
  • VIII. Conclusion
  • IX. Recommendations
  • Acknowledgements
  • Appendix A: Key Figures
  • Family Members
  • Non-Family Members
  • Radio Stations, Newspapers, Websites, Journalists, and Bloggers
  • Vietnamese Public Officials
  • Appendix B: Chronology of Events
  • Timeline of Dr. Vu's Activities Preceding his Arrest on November 5, 2010
  • Timeline of Events Prior to Dr. Vu's Trial on April 4, 2011
  • Appendix C: Indictment of Dr. Vu
  • Appendix D: Testimony by Dr. Vu from B14 Detention Center
  • Appendix E: Statement in Defense of Dr. Vu by Lawyer Le Quoc Quan
  • Appendix F: Declaration by Dr. Vu.
"On November 5, 2010, Ho Chi Minh City police arrested Dr. Cu Huy Ha Vu, a prominent legal activist and scion of an influential political family. The arrest marked the end of a 17-month struggle between Dr. Vu and some of the most powerful political figures in the country, including Prime Minister Nguyen Tan Dung. Five months later, on April 4, 2011, the Hanoi People's Court sentenced Dr. Vu to seven years in prison on the charge of conducting propaganda against the government under article 88 of Vietnam's penal code. Critics, however, charge that Dr. Vu was imprisoned simply for exercising his right to peaceful expression. In June 2009, Dr. Vu filed a lawsuit against the prime minister for authorizing Chinese bauxite mining in Vietnam's Central Highlands, followed by a second lawsuit in October 2010 against the prime minister for prohibiting class action petitions. Dr. Vu publicly denounced high-ranking leaders for corruption and illegal activities. In June 2010, he accused Lt. Gen. Vu Hai Trieu of the Ministry of Public Security of ordering cyber-attacks against approximately 300 websites opposed by the Vietnamese government. Three months later, he alleged that Le Thanh Hai, Ho Chi Minh City Communist Party general secretary, forcibly confiscated land from the relatives of "martyred" soldiers killed during the French-Vietnam War. In the months following Dr. Vu's arrest, many sectors of Vietnamese society joined in a remarkable outpouring of support for him. Independent bloggers demanded his release in online petitions. Democratic advocacy groups, such as Bloc 8406, and local religious communities issued public statements of solidarity. Catholic parishes in Hanoi and Nam Dinh conducted candlelight vigils attended by thousands of people to pray for Dr. Vu's exoneration. Statements, appeals, and legal motions issued by his wife, the lawyer Nguyen Thi Duong Ha, and his extended family have drawn a remarkable level of public attention to the violation of Dr. Vu's rights. The Party vs. Legal Activist Cu Huy Ha Vu illuminates Dr. Vu's background, depicts his past and present activities, and exposes the Vietnamese government's campaign to silence and suppress one of its most high-profile critics. It also sheds light upon the growing capacity and resourcefulness of Vietnamese lawyers, activists, bloggers, and ordinary citizens to struggle for civil rights, due process, and freedom of speech."--P. [4] of cover.
Green Library
Book
xiv, 219 p. ; 22 cm.
  • Key themes in Vietnam's constitutions and constitutional debates
  • The 1946 constitution : a charter for independence and unity
  • The 1959 constitution : a charter for socialism in the North
  • The 1980 constitution : a charter for reunification under socialism
  • The 1992 constitution : a charter for renovation (doi moi)
  • Revising the 1992 constitution : debates and decisions after fifteen years of renovation (doi moi)
  • Implementing constitutional guarantees : the problem of associational rights
  • The problem of judicial independence in a party-dominated state
  • Enforcing the constitution : the debate over "constitutional protection" and a constitutional court
  • Afterword : the future of the Vietnamese constitution.
This new book examines constitutional debate and development in one of the most dynamic and rapidly changing societies in Asia, and will be of use to scholars and students of comparative constitutional law and practitioners interested in Vietnam and Southeast Asia. The book discusses and analyzes the historical development, principles, doctrines and debates which comprise and shape Vietnamese constitutional law today. The chapters are written in sufficient detail for anyone coming to the subject for the first time to develop a clear and informed view of how the constitution is arranged, how it works, and the main points of debate on it in Vietnamese society. It is written in an accessible style, with an emphasis on clarity and concision. The book discusses and analyzes the origins of Vietnamese constitutional thought in indigenous, Chinese, French, Russian and other traditions; the first (1946) Constitution of independent Vietnam; Constitutional dialogue and debate in the late 1940s and 1950s, including the "Nhan van Giai pham" debates of the late 1950s; the 1959 Vietnamese Constitution; constitutional dialogue and debate in the 1960s and 1970s; the 1980 Constitution; the rise of doi moi (renovation), its implications for constitutionalism in Vietnam, and debates over constitutionalism in the 1980s; the 1992 Constitution, including the role of legislative, executive and judicial sectors, constitutional power and enforcement, constitutional rights and obligations, and other issues; constitutional dialogue and debate in the 1990s; the Constitutional debate and revision process of 2001 and the current Vietnamese Constitution (as amended); the rise of new constitutionalist movements and calls for constitutional enforcement and review in Vietnam; comparison to constitutional developments and debates in China; and concluding analysis of sixty years of the development of Vietnam's Constitution and constitutionalism.
(source: Nielsen Book Data)9781841137391 20160528
Law Library (Crown)
Book
xii, 256 p. ; 24 cm.
  • ch. 1. Constitutionalism and the emergence of constitutional dialogue in Vietnam
  • ch. 2. The emerging debate over constitutional review and enforcement in Vietnam
  • ch. 3. Motorbike constitutionalism : the emergence of constitutional claims in Vietnam
  • ch. 4. Economic law in the service of globalization : labor law and labor export from Vietnam
  • ch. 5. Law, the press, and police murder : the trial of Lt. Nguyen Tung Duong
  • ch. 6. Law and the regulation of civil society : nonprofit organizations, philanthropy, grassroots organizations, and the state
  • ch. 7. Testing the limits of advocacy : the emergence of public interest law in Vietnam
  • ch. 8. Donors, law and social justice in Vietnam : the uncertain promise.
This book, first published in 2008, was a unique analysis of the struggle to build a rule of law in one of the world's most dynamic and vibrant nations - a socialist state that is seeking to build a market economy while struggling to pursue an ethos of social equality and opportunity. It addresses constitutional change, the assertion of constitutional claims by citizens, the formation of a strong civil society and non-profit sector, the emergence of economic law and the battles over who is benefited by the economic regulation, labor law and the protection of migrant and export labor, the rise of lawyers and public interest law, and other key topics. Alongside other countries, comparisons are made to parallel developments in another transforming socialist state, the People's Republic of China.
(source: Nielsen Book Data)9780521850520 20160528
Law Library (Crown)
Book
xii, 256 p.
  • List of tables-- Acknowledgements-- 1. Constitutionalism and the emergence of constitutional dialogue in Vietnam-- 2. The emerging debate over constitutional review and enforcement in Vietnam-- 3. Motorbike constitutionalism: the emergence of constitutional claims in Vietnam-- 4. Economic law in the service of globalization: labor law and labor export from Vietnam-- 5. Law, the press, and police murder: the trial of Lt. Nguyen Tung Duong-- 6. Law and the regulation of civil society: nonprofit organizations, philanthropy, grassroots organizations, and the state-- 7. Testing the limits of advocacy: the emergence of public interest law in Vietnam-- 8. Donors, law and social justice in Vietnam: the uncertain promise-- Bibliography-- Index.
  • (source: Nielsen Book Data)9780511495472 20180521
This book is a unique analysis of the struggle to build a rule of law in one of the world's most dynamic and vibrant nations - a socialist state that is seeking to build a market economy while struggling to pursue an ethos of social equality and opportunity. It addresses constitutional change, the assertion of constitutional claims by citizens, the formation of a strong civil society and non-profit sector, the emergence of economic law and the battles over who is benefited by the economic regulation, labor law and the protection of migrant and export labor, the rise of lawyers and public interest law, and other key topics. Alongside other countries, comparisons are made to parallel developments in another transforming socialist state, the People's Republic of China.
(source: Nielsen Book Data)9780511495472 20180521
Book
x, 353 p. : ill., map ; 25 cm.
  • Comparative law in a post-modern world
  • Translating the Vietnamese system of dispute resolution : 1945-1959
  • Vietnamese courts introduced : 1945-1959
  • Dispute resolution between 1959-1976 : changing relations between committees and courts
  • Courts in the Democratic Republic of Vietnam between 1959-1976 : the legislative scheme and centralization
  • Courts in the Democratic Republic of Vietnam between 1959-1976 : court culture
  • The Soviet Union and its courts
  • Soviet dispute resolution
  • Similarities and differences between the Soviet court model and the Vietnamese court experience
  • Similarities and differences between the Soviet and Vietnamese court systems : unravelling the causes
  • Parenting : the Soviet Union and Vietnam
  • Contemporary Vietnamese courts.
This publication is a world first: an English-language history of the Vietnamese court system (1945 to 2005). Drawing on a resurgent interest in comparative law generally and legal culture in particular, the publication tests the usefulness of legal culture to the investigation of dynamic court systems within socialist states. It argues that the Vietnamese 'borrowing' of the Soviet system of dispute resolution did not reproduce courts Soviet-style in Vietnam. Rather, the reading of Vietnamese courts in context reveals that while the Soviet model of court system was transplanted it was remoulded to assume Vietnamese characteristics. In explaining this divergence, the publication explores why the Vietnamese court system differs from its Soviet parent and analyses the implications of this for the ever-increasing literature on legal transplantation.
(source: Nielsen Book Data)9789004156319 20160528
Law Library (Crown)
Book
x, 353 p. : ill., map ; 25 cm.
  • Comparative law in a post-modern world
  • Translating the Vietnamese system of dispute resolution : 1945-1959
  • Vietnamese courts introduced : 1945-1959
  • Dispute resolution between 1959-1976 : changing relations between committees and courts
  • Courts in the Democratic Republic of Vietnam between 1959-1976 : the legislative scheme and centralization
  • Courts in the Democratic Republic of Vietnam between 1959-1976 : court culture
  • The Soviet Union and its courts
  • Soviet dispute resolution
  • Similarities and differences between the Soviet court model and the Vietnamese court experience
  • Similarities and differences between the Soviet and Vietnamese court systems : unravelling the causes
  • Parenting : the Soviet Union and Vietnam
  • Contemporary Vietnamese courts.
This publication is a world first: an English-language history of the Vietnamese court system (1945 to 2005). Drawing on a resurgent interest in comparative law generally and legal culture in particular, the publication tests the usefulness of legal culture to the investigation of dynamic court systems within socialist states. It argues that the Vietnamese 'borrowing' of the Soviet system of dispute resolution did not reproduce courts Soviet-style in Vietnam. Rather, the reading of Vietnamese courts in context reveals that while the Soviet model of court system was transplanted it was remoulded to assume Vietnamese characteristics. In explaining this divergence, the publication explores why the Vietnamese court system differs from its Soviet parent and analyses the implications of this for the ever-increasing literature on legal transplantation.
(source: Nielsen Book Data)9789004156319 20160528
Green Library
Book
xii, 350 p. ; 24 cm.
  • Introduction-- Developing a legal transplant theory-- A brief history of legal transplantation into Vietnam-- Transforming socialist legal ideology-- Party leadership: The separation of party and state-- Discursive and strategic lawmaking-- Implementing imported laws-- Non-state pressure groups and legal borrowing-- The rule of law and Vietnamese relational transactions-- Conclusion-- Bibliography-- Index.
  • (source: Nielsen Book Data)9780754647041 20160527
The first sustained analysis examining legal transplantation into East Asia, this volume examines the prospects for transplanting a 'rule of law' that will attract and sustain international trade and investment in this economically dynamic region. The book develops both a general model that explains how legal transplantation shapes legal development in the region, whilst developing theoretical insights into the political, economic and legal discourses guiding commercial law reforms in Vietnam. For the first time, this book develops a research methodology specifically designed to investigate law reform in developing East Asia. In so doing, it challenges the relevance of conventional convergence and divergence explanations for legal transplantation that have been developed in European and North American contexts. As the first finely-grained analysis of legal development in Vietnam, the book will be invaluable to academics and researchers working in this area. It will also be of interest to those involved in commercial legal theory.
(source: Nielsen Book Data)9780754647041 20160527
Law Library (Crown)
Book
363 p. ; 21 cm.
Law Library (Crown)
Book
xxv, 171 p. ; 24 cm.
  • The State Committee for Co-operation and the investment process. Methods of investing. Other authorities involved in the approval process. Capital contributions and financing. Foreign currency requirements for financing. Remittances. Contract law. Protection and enforcement of intellectual property rights. Technology transfer. Licensing of industrial property. Regulation of import/export. Labour and employment. Taxation. Environmental protection.
  • (source: Nielsen Book Data)9780421568709 20160527
This book provides an overview of the law in Vietnam and its commercial context. It examines Vietnamese foreign investment regulations and explains the legal framework for investors doing business in Vietnam. * Provides commentary on the new Civil Code effective July 1996 * Includes drafts of both the new Foreign Investment Law and the new Taxation Law * Explains extensive changes to the law of intellectual property rights, technology transfer and contract * Illustrates foreign investment regulations in practice.
(source: Nielsen Book Data)9780421568709 20160527
Law Library (Crown)
Book
iii, 298 p. ; 30 cm.
Law Library (Crown)
Book
68 p. ; 28 cm.
Law Library (Crown)
Book
xxxii, 571 p. : forms ; 24 cm.
This book outlines the legal framework for investment in Vietnam, covering the legal, financial, fiscal and employment regulations, and gives a detailed account of Vietnam's foreign investment laws. Foreign investment in, and trade flows with, Vietnam have boomed since Hanoi initiated economic reform in the mid 1980s. As a result there is a growing need for practical information about Vietnam which will assist foreign investment in Vietnam. This book gives the text of various regulations, guides for foreign direct investment projects and model forms with respect to representative offices, imports and exports, banking and finance, insurance, taxation accounting, land, buildings and construction. It should be suitable for law firms and in-house counsel who have to advise on doing business in Vietnam.
(source: Nielsen Book Data)9789041109057 20160528
Law Library (Crown)
Book
31 p. ; 30 cm.
Law Library (Crown)
Book
99 p. : forms ; 22 cm.
Law Library (Crown)
Book
110 p. : ill., map ; 23 cm.
Law Library (Crown)
Book
xiii, 175 p. : ill. ; 24 cm.
SAL3 (off-campus storage)
Book
xii, 906 p. : forms ; 26 cm.
Law Library (Crown)