Good government laws

In civil and commercial agreements, the parties to the contract may choose Vietnamese or other foreign languages to be the language of contracts. An exception applies in cases where specialised law s may require the contract to be written (or to have a copy) in Vietnamese. In general, when foreign enterprises engage in a transaction with individuals and organisations in Việt Nam, they often use Vietnamese contracts or bilingual English-Vietnamese contracts following business practices in Việt Nam. The 2005 Law on Commerce, which is the principle legal reference for commercial transactions in Việt Nam, does not specify the contract language. The 2005 Civil Code, which has a broader scope of regulations on civil actions, only provides a definition for civil transactions made orally or in writing; this content is retained in the new 2015 Civil Code, which will take effect from January 1, 2017. However, the 2004 Civil Procedure Code specifies that the language and scripts to … [Read more...] about Foreign-language contract laws vary in VN

Vũ Quang Các, director general of the Department of Planning Management, under the Ministry of Planning and Investment, speaks to the Vietnam News Agency about some key new points in the latest draft of the Planning Law. Do you think that the draft Law on Planning will help eliminate the mechanism of “ask and give” in Việt Nam’s planning activities? Over the years, Việt Nam’s planning has revealed many weaknesses. As a result, it has weakened national economic development due to frequent changes in planning work and poor co-ordination among government agencies. At present our planning work is mainly based on the country’s master plan for socio-economic development, construction plan, land use plan, sector’s development plans and more. That approach has led to poor co-ordination between management agencies. It is high time for Việt Nam to renew its planning methods and planning contents based on an integrated, multi-disciplined approach. Of course, to have good planning, we … [Read more...] about No more “ask and give” in new law

Việt Nam lacks necessary mechanisms to enforce provisions on bribery of foreign public officials and officials of international public organisations under the 2015 Penal Code, according to research conducted by Hà Nội Law University with support of United Nations Development Programme (UNDP). — Photo vietnamnet.vn HÀ NỘI – Việt Nam lacks necessary mechanisms to enforce provisions on bribery of foreign public officials and officials of international public organisations under the 2015 Penal Code, according to research conducted by Hà Nội Law University with support of United Nations Development Programme (UNDP). The research provides case studies of laws and law enforcement efforts to curb bribery of foreign public officials in five countries – the US , the UK , South Korea , Japan and China - and applications for Việt Nam . These five selected countries criminalize bribery of foreign public officials. Sharing the research outcomes at a discussion in Hà … [Read more...] about VN must bolster anti-bribery laws

The National Assembly Standing Committee yesterday agreed to introduce a draft law on amending 13 planning-related laws to the agenda of next week’s National Assembly plenary meeting. — VNA/VNS Photo Trọng Đức HÀ NỘI — The National Assembly Standing Committee yesterday agreed to introduce a draft law on amending 13 planning-related laws to the agenda of next week’s National Assembly plenary meeting. The amendments are expected to make the laws match with the Law on Planning that the National Assembly approved last November, and will take effect next year. The 13 laws that are being suggested for amendments include the Law on Chemicals, the Law on Electricity, the Law on Food Safety, and others. According to Minister of Planning and Investment Nguyễn Chí Dũng, the proposed draft consists of 14 Articles, of which, 13 contain suggestions for amendments, while the other regulates law enforcement. If approved, the law would remove the need for development and investment … [Read more...] about 13 planning laws to be amended

WTO accession high on Government’s agenda (04-03-2005) HA NOI — The Government’s regular two-day meeting for February was held yesterday, presided over by Prime Minister Phan Van Khai. Government officials discussed important draft laws, and asked localities to help implement measures to fight drought and stabilise prices. They discussed the completion of a report to submit to National Assembly’s Standing Committee for a programme to create laws to serve negotiations for joining the World Trade Organisation (WTO). Currently, the programme includes 26 laws and codes and four ordinances that cover numerous fields. Participants also discussed the issuance of a decree that would regulate the organisations and activities of inspectors of government services. Government members also discussed the draft of a Law on Preventing and Fighting Corruption. Prime Minister Phan Van Khai said the ordinance on controlling corruption, issued six years ago, has generated … [Read more...] about WTO accession high on Government’s agenda

Committee lays ground for e-transactions law (01-04-2005) Ha Noi — At its ongoing meeting yesterday, the Standing Committee of the National Assembly (SCNA) discussed the draft law on electronic transactions and the draft law on youth. The legislators acknowledged the need for a law on electronic transactions to facilitate investment, trade in goods and services, and State management, as well as serve the requirements of international integration. In his presentation on the bill, Ho Duc Viet, chairman of the National Assembly Committee on Science, Technology and Environment, said that, as the country is hastening its bid for WTO membership, Viet Nam is committed to implementing the APEC Common Plan of Action on e-commerce. In 2000, Viet Nam was also a signatory to the ASEAN framework agreement on e-commerce and e-government. The SCNA is developing a draft law on electronic transactions in order to recognise the legal validity of such transactions and of data … [Read more...] about Committee lays ground for e-transactions law

Unified Enterprise Law under scrutiny (29-07-2005) HA NOI — The proposed changes to the unified Enterprise Law, now before the National Assembly Standing Committee, were put into doubt by Vice Chairman Nguyen Van Yeu yesterday. Yeu said he was confused about the changes during discussion of a preliminary report by the Economic Budgetary Committee. Attending a meeting of the NA’s Standing Committee to review both the unified Enterprise Law and the common Investment Law, he asked Planning and Investment Minister Vo Hong Phuc why the draft had dealt mostly with the regulation of non-State business when the law itself was supposed to apply to all kinds of enterprises. In reply, Phuc said the difficulty was in the pace of the equitisation of existing SOEs. "According to the plan this process will be completed in three years after the law comes into effect (later this year)," Phuc said. "SOEs will be subject to the new law after being converted to other … [Read more...] about Unified Enterprise Law under scrutiny

President reviews 60 years of building State governed by law (26-08-2005) President Tran Duc Luong delivers a speech. — VNA/VNS Photo Nguyen Khang HA NOI — "The Vietnamese State attaches great importance to building the people’s administration and strengthening socialist legislation," said President Tran Duc Luong. Interviewed by the Viet Nam News Agency on the occasion of the 60th anniversary of the August Revolution (August 19) and National Day (September 2), President Luong highlighted the historical stages of the Vietnamese nation since President Ho Chi Minh read the Declaration of Independence, founding the Democratic Republic of Viet Nam. "Major events in history that are of great significance become greater and greater, and more and more remarkable with time. This is also true of Viet Nam’s historical events because they opened up a new era in the Vietnamese nation’s history and were linked to all of mankind’s development," said President Luong. … [Read more...] about President reviews 60 years of building State governed by law

NA mulls draft laws on electronic transactions, intellectual property (06-10-2005) HA NOI — The process of presenting signatures electronically sparked a debate among members of the National Assembly Standing Committee yesterday on whether to write detailed regulations into the draft Law on Electronic Transactions. Skeptical deputies pointed to the fact that, because regulations on the order and method of presenting signatures electronically would depend on businesses’ technological capability, it could not be covered in detail in the law. The law’s drafting committee told the National Assembly committee yesterday that regulations on electronic signatures were based on common and existing technological principles which were standard operating procedures for any business that would seek to conduct electronic transactions. Electronic signatures would be validated by the user and were considered safe when supported by a qualified service provider, the committee said. … [Read more...] about NA mulls draft laws on electronic transactions, intellectual property

The keys for an honest, enabling Government By Hieu Minh The first metro line in HCMC. The Government has the function to create a legal environment where businesses and the public “can do what the law does not prohibit” and the authorities “can do what the law permits.” - PHOTO: THANH HOA An honest, enabling government is much talked about by the media and politicians. It needs several factors to build such a government, of which openness and transparency play an important role. Police were quick to arrest the suspects in a big cash robbery which happened last Tet (Lunar New Year) at the toll plaza on the build-operate-transfer (BOT) Long Thanh-Dau Giay Expressway. The case will be handled at the court, but the big cash amount at the toll gate has raised the question of cash management, openness and transparency of the expressway investor, which are also important factors needed in State administration. The robbery would not have happened if the electronic toll … [Read more...] about The keys for an honest, enabling Government