The Constitution of Vietnam

The Constitution of Vietnam
Author: Mark Sidel
Publisher: Bloomsbury Publishing
Total Pages: 234
Release: 2009-08-26
Genre: Law
ISBN: 1847315267

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 law, comparative constitutional law and Asian law, and practitioners interested in Asia or in Vietnam. The book discusses and analyses the historical development, principles, doctrines and debates which comprise and shape Vietnamese constitutional law today, during a time of reform and debate. 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 analyses the origins of Vietnamese constitutional thought; the first (1946) Constitution of independent Vietnam; Constitutional dialogue and debate in the late 1940s and 1950s, including the work of dissidents in the 1950s; the 1959 Vietnamese Constitution; constitutional dialogue and debate in the 1960s and 1970s; the 1980 Constitution; the rise of doi moi (renovation) 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 the rise of debate over judicial independence and constitutional enforcement and review in Vietnam; comparison to constitutional developments and debates in China; constitutions and constitutional issue in the former South Vietnam; the links and tensions between state and party constitutions; and concluding analysis of 60 years of the development of Vietnam's Constitution and constitutionalism.

Law and Society in Vietnam

Law and Society in Vietnam
Author: Mark Sidel
Publisher: Cambridge University Press
Total Pages: 26
Release: 2008-02-21
Genre: Law
ISBN: 1139469606

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.

Vietnam and the Rule of Law

Vietnam and the Rule of Law
Author: David G. Marr
Publisher:
Total Pages: 206
Release: 1993
Genre: Commercial law
ISBN:

"Proceedings of Vietnam Update Conference November 1992, Department of Political and Social Change, Research School of Pacific Studies, ANU".

Constitutional Change in the Contemporary Socialist World

Constitutional Change in the Contemporary Socialist World
Author: Ngoc Son Bui
Publisher: Oxford University Press
Total Pages: 385
Release: 2020-07-24
Genre: Law
ISBN: 0192592025

After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.

Vietnam's Political Process

Vietnam's Political Process
Author: Casey Lucius
Publisher: Routledge
Total Pages: 316
Release: 2009-06-02
Genre: Political Science
ISBN: 1135999198

In a system that is known for its covert political style, Vietnam’s decision making process is often described as either consensus-based or simply confusing and inexplicable. This book provides an approach to understanding political decision making in Vietnam by recognizing enduring values that are derived from State-controlled education and official historical narratives. The nation’s official historical narrative has led to the development of protected values that are called upon during political decision making. In order to secure these values, such as regime stability, national independence, and social order, officials must act within accepted rules of appropriate political behavior. The book shows that through State-run education, mandatory defense training, and membership in mass organizations, Vietnamese citizens are taught social and political ethics, and their identity is moulded in concert with this process. Using textbooks and education to understand the underlying values within Vietnam’s society is used as the contextual framework for two case studies - the problem of landmines and the on-going threat of avian influenza - which examine how authorities frame problems, negotiate, and deal with potential crises. This book will be of great interest of academics and students within Asian studies, but also for policy makers involved with the country and those doing business in Vietnam, including non-governmental organizations, private businesses and charitable groups.

The State of Law

The State of Law
Author: Ulrich von Alemann
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 362
Release: 2017-09-30
Genre: Law
ISBN: 3110720353

This book is the result of the first interdisciplinary conference in Vietnam which took place on "the Rule of Law." Instead of beginning immediately with a highly specialized debate from the perspective of one single academic discipline, we started to discuss numerous facets of the subject arising from a multidisciplinary dialogue. For this reason, the contributions for this publication come from various scientific disciplines in Vietnam and Germany: political, historical, social, economic and legal sciences, but also members of Vietnamese governmental and non-governmental organizations. The aim of the volume is to open up a dialogue about the Rule of Law between two very different legal cultures, the German-European and the Vietnamese-Southeast Asian.

Constitutional Foundings in Southeast Asia

Constitutional Foundings in Southeast Asia
Author: Kevin YL Tan
Publisher: Bloomsbury Publishing
Total Pages: 359
Release: 2019-05-30
Genre: Law
ISBN: 1509918930

This volume focuses on the making, nature, and role of the first modern constitutions at the founding of the modern nation-states in Southeast Asia. These historical essays add richly to our understanding and appreciation of the founding moments and to the theory and practice of constitutionalism in these states. This volume makes three significant contributions. First, it helps plug the wide knowledge gap in comparative constitutional history in Southeast Asia. Second, it furthers our understanding of contemporary constitutional practice and also anticipates possible developmental trajectories in light of the foundational values embedded in and manifested through these constitutions. Third, through the comparative historical study of these early constitutions, plausible theoretical insights may be gained to further our understanding of Southeast Asia's constitutional history. The book is essential reading for those wishing to obtain a deeper understanding of the constitutional foundings of Southeast Asia.

Socialist Law in Socialist East Asia

Socialist Law in Socialist East Asia
Author: Hualing Fu
Publisher: Cambridge University Press
Total Pages:
Release: 2018-06-30
Genre: Law
ISBN: 1108545858

Since China's reform and opening up started in 1978 and Vietnam's Doi Moi reforms were initiated in 1986, these two East Asian economies have adopted capitalistic models of development while retaining and reforming their socialist legal systems along the way. Tracking the trajectory of socialist laws and their legacy, this book offers a unique comparison of laws and institutional designs in China and Vietnam. Leading scholars from China, Vietnam, Australia and the United States analyze the history, development and impact of socialist law reforms in these two continuing socialist states. Readers are offered a varied insight into the complex quality and unique features of socialist law and why it should be taken seriously. This is a fresh theoretical approach to, and internal critique of, socialist laws which demonstrates how socialist law in China and Vietnam may shape the future of global legal development among developing countries.

Elections in Asia and the Pacific : A Data Handbook

Elections in Asia and the Pacific : A Data Handbook
Author: Dieter Nohlen
Publisher: OUP Oxford
Total Pages: 876
Release: 2001-11-15
Genre: Political Science
ISBN: 0191530425

This two-volume work continues the series of election data handbooks published by OUP. It presents a first-ever compendium of electoral data for all the 62 states in Asia, Australia and Oceania from their independence to the present. Following the overall structure of the series, an initial comparative introduction on elections and electoral systems is followed by chapters on each state of the region. Written by knowledgeable and renowned scholars, the contributions examine the evolution of institutional and electoral arrangements, and provide systematic surveys of the up-to-date electoral provisions and their historical development. Exhaustive statistics on national elections and referendums are given in each chapter. Together with the other books of this series, Elections in Asia and the Pacific is a highly reliable resource for historical and cross-national comparisons of elections and electoral systems world-wide. The second volume of Elections in Asia and the Pacific covers the Asia-Pacific area, i.e. the 30 independent states of East Asia (including Japan), South East Asia and the South Pacific (including Australia and New Zealand).

Public Law in East Asia

Public Law in East Asia
Author: AlbertH.Y. Chen
Publisher: Routledge
Total Pages: 622
Release: 2017-07-05
Genre: Law
ISBN: 1351552570

Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.