Legal Recommendations on the Establishment of Worker Representative Organization in Enterprise in Accordance with International Standards

In addition to Trade Union, from 1st January 2021, employees in Vietnam are entitled to establish and join worker representative organizations in enterprises. This is one of the new legislative developments that lack clarifying regulations . In this context, the International Labor Organization (ILO) published a Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, based on about 200 cases presented to this organization. Therefore, the research on this vital document might provide Vietnam with the opinions of international experts and practical experiences from many countries worldwide on the concerned issue for further developing regulations on freedom of association. As this is a big topic, this article only focuses on international standards on establishing worker representative organization, then comparing them with Vietnamese regulations to find out the gaps to be supplemented.

Conflict Between Protection of Industrial Property Rights for Trademarks and Domain Names Under Vietnamese Law

Addressing the conflict between protection of industrial property rights for trademarks and domain names from a conflict of rights perspective, this paper focuses on clarifying the nature and causes of this conflict; identifying forms of conflict arising in the protection of industrial property rights for trademarks and the process of registration and use of domain names in business activities of related entities, then this paper will clarify methods for conflict resolution. Based on such theoretical grounds, this paper will analyze and evaluate the current law of Vietnam on resolving conflict between the protection of industrial property rights for trademarks and domain names, identify existing limitations and inadequacies in the law and provide solutions to these problems.

Legal Considerations for Determination of Employment Relation and Employment Contract

The determination of employment relation is a complex legal issue, especially in the context that the newly adopted Labor Code 2019 extends its personal scope to worker working without employment relation. Also, the article on employment contract is supplemented in the way to consider all agreements on a work to be done, wage, management and supervision of one party to be employment contract, regardless of its name. These regulations are expected to better protect legitimate rights of employees, however, in practice, the implementation of such articles might be controversial because these above characteristics are not clear and based on the concept of employment relation which is not clear neither. This article will analyze some legal considerations which have been applied in the UK and European common law for determiningemployment relations and then provide some proposals for clarifying this concept.

The Hardship Clause as a Solution for the Risk of Frustrated Contract in Viet Nam

This article has two aims. Firstly, it critically analyses all major legal aspects of the Viet Nam’s hardship clause that can be used in a contract to protect contractual parties. Secondly, it derives the possible adjustment or interpretation toward the Vietnam’s hardship clause to improve its applicability and practicality while giving the optimal approach toward minimizing the risk of a contractual party through applying the hardship clause. European States and international private laws present a comprehensive evolution of its hardship clauses through numerous cases spreading across major historical events. It is hoped that the best practices can be adopted for any party wanting to establish a long-term trade in Viet Nam so such party can take the most relevant option from the Vietnam’s legal system.

Liability of Internet Service Providers for Online Copyright Infringement: International Experience and Recommendations for Vietnam

The advent of the Internet has posed unprecedented challenges on enforcing copyright. Online copyright infringements are pervasive, while it is not easy to impose liability on direct infringers, i.e., Internet users. This leads to a debate over whether online platforms or online intermediaries, which are often named “Internet Service Providers” (ISPs), should be held liable for these infringing activities or not, and if so, how to balance between Internet freedom, technological innovation and the need for effective copyright enforcement in the digital era. The aim of this paper is to provide answers to these questions by analyzing ISP’s liability from different international approaches such as the United States, the European Union, and China; hence, some experience for Vietnam could be drawn. Finally, the authors make recommendations to address the shortcomings in Vietnam’s intellectual property law with respect to ISP’s liability. This research is perfectly timing, given that Vietnam is amending its Intellectual Property Law to implement its commitments under the new generation free trade agreements and to meet the demand of the Fourth Industrial Revolution

Juvenile Victims in Vietnam Criminal Justice: Where to be and Where to go?

Juvenile victims, a highly vulnerable group in criminal justice, are subject to damages caused by crime as well as the suffering caused by criminal proceedings. This paper is devoted to the clarification of the legal status of juvenile victims based on the combination of two statuses, namely the aggrieved person and minor in Vietnamese criminal justice, clarification of their legal status in Vietnamese traditional and contemporary legal culture, thereby making comparisons with the norms of international law. Accordingly, this paper indicates a great deal of attention given by the Vietnamese criminal procedure law to such group, despite several provisions that need to be further adjusted towards a new approach to minors and especially crime victims in the future.

Vietnamese Criminal Polices and Laws in the Industrial Revolution 4.0: Some New Awareness1

The industrial revolution 4.0 reflects combination of technologies in physics, digitalisation and biology, shaping a modern world of information technology where virtual and real systems are integrated through worldwide internet connection networks. Despite a number of advantages, this revolution also creates new challenges and threats, requiring systematic changes in economic, cultural, and social areas, including reform of criminal policies and laws for effective crime prevention, protection of sovereignty, national security, human rights and citizens’ rights in the new context. Therefore, it is important to have a new awareness on Vietnamese criminal policies and laws in the industrial revolution 4.0 to facilitate the identification of key research areas for further improvement and application of criminal policies and laws in the new era.

The Liabilities of Enterprises to Adapt to Climate Change in Vietnam

These days many legal documents regarding to climate change in Vietnam have been issued and implemented. Many measures to strengthen and promote the adaptation of enterprises to cope with climate change have been applied, however it remains many shortcomings and inadequacies that have not been addressed, for example, the legal document system in the field is not sufficient and is not concretized in term of adaptation activities to climate change in businesses; tasks of Ministries, govermental organs at all level to respond to climate change are not clear and overlapping, especially the implementation of the current responsibilities of enterprises of which many chanllenges need to be discussed and resolved. Therefore, within the framework of this article, the author will mention about the liabilities of enterprises to adapt to climate change, on that basis, to point out some proposals for amending law in adapting to climate change which are relevant to practical context and for obtaining current sustainable development goals.

Project-Based Learning promotes students' motivation and attitudes

This study examines how Project-Based Learning (PBL) influences the attitudes and motivation of law students in School of Law, VNU to learn International Envirnomental Law. The sample of the study consists of 100 students from School of Law, VNU. The study used a mixed methods research design: quantitative as well as qualitative. The two research hypotheses were as follows: (1) Project-Based Learning increases student motivation; and (2) Project-Based Learning improves student attitudes? The study's findings indicate that an intervention that combines the teaching of International Envirnomental Law with Project-Based Learning results in both increased motivation among students and more positive attitudes towards studying International Envirnomental Law. Students reported greater pleasure, curiosity, interest, and cooperation when Project-Based Learning was used. The findings suggest that introducing Project-Based Learning can bring about improvements in both student motivation and their attitudes.