Asian Socialism & Legal Change

Asian Socialism & Legal Change
Author: John Gillespie
Publisher: ANU E Press
Total Pages: 354
Release: 2005-08-01
Genre: Social Science
ISBN: 1920942270

The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.

The Socialist Republic of Vietnam and the Law of the Sea

The Socialist Republic of Vietnam and the Law of the Sea
Author: Epsey Cooke Farrell
Publisher: BRILL
Total Pages: 366
Release: 2021-09-27
Genre: Law
ISBN: 9004479309

The Socialist Republic of Vietnam and the Law of the Sea analyzes Vietnam's policies on the law of the sea in relation to the country's overall foreign policy goals and its position at the center of the South China Sea geostrategic region. It examines Vietnam's claims in zones of maritime jurisdiction and its regulation of maritime activities in the context of the 1982 U.N. Convention on the Law of the Sea and against the backdrop of Vietnam's security interests, economic development, and regional leadership goals. The author explores Vietnam's maritime boundary disputes with its Southeast Asian neighbors and China and assesses their impact on regional stability. This is the first comprehensive study to trace the evolution of Vietnamese policy and participation in law of the sea development from the 1958 First U.N. Conference on the Law of the Sea to the present. The book provides the background essential to an understanding of Vietnam's current maritime relations and of the challenge to incorporate Vietnam into a stable regional order. Law of the sea specialists, Southeast Asia area specialists, and those interested in the development of Vietnam's hydrocarbon and fishery resources will find this a particularly valuable resource.

Legal Aspects of Foreign Investment in the Socialist Republic of Vietnam

Legal Aspects of Foreign Investment in the Socialist Republic of Vietnam
Author: Anne Schot
Publisher: Springer
Total Pages: 616
Release: 1996-04-04
Genre: Business & Economics
ISBN:

This covers the legal, financial, fiscal and employment regulations, and gives a detailed account of Vietnam's Foreign Investment Laws. Foreign investment in, and tradeflows 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 is invaluable, giving 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.

Legal Reforms in China and Vietnam

Legal Reforms in China and Vietnam
Author: John Gillespie
Publisher: Routledge
Total Pages: 436
Release: 2010-09-13
Genre: Law
ISBN: 1136978429

Although the adoption of market reforms has been a key factor leading to China’s recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining ‘micro’ or interpretive methods with ‘macro’ or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.

Constitution of the Socialist Republic of Vietnam (2001)

Constitution of the Socialist Republic of Vietnam (2001)
Author: National Assembly of the Socialist Republic of Vietnam
Publisher: Good Press
Total Pages: 56
Release: 2021-04-11
Genre: History
ISBN:

The Constitution of the Socialist Republic of Vietnam (2001) is the third constitution adopted by the Vietnamese government since the political reunification of the country in 1976. In light of Doi Moi (market reforms adopted by Vietnam) beginning in 1986 and the collapse of the Eastern Bloc, Vietnam adopted a new Constitution in April 1992. The 1992 Constitution adopted a "socialist oriented market economy," allowed the development of private economic sectors, but largely retained the previous Leninist constitutional structure. The 2001 Constitution was the amended version of this second constitution passed in 1992.

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.

Intellectual Property Law in Vietnam

Intellectual Property Law in Vietnam
Author: Le Net
Publisher: Kluwer Law International B.V.
Total Pages: 134
Release: 2024-04-17
Genre: Law
ISBN: 940351468X

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Vietnam. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Vietnam will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.

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.