Vietnamese Journal of Legal Sciences

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The Vietnamese Journal of Legal Sciences (VJLS) is a journal published thrice a year aiming to provide a platform for disseminating high-quality, peer-reviewed research across diverse realms of law and policies with contemporary relevance.

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] VO MINH KY-------------------------------------We are pleased to have Vo Minh Ky...
22/05/2025

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] VO MINH KY
-------------------------------------
We are pleased to have Vo Minh Ky as a contributor in our newest issue.

Vo Minh Ky is currently working as a Junior Prosecutor at the People's Procuracy of Ninh Kieu District, Can Tho City, Vietnam. He is also a PhD candidate at the Graduate School of Law, Nagoya University, Japan. His research interests revolve around criminal justice issues, including human rights, models of criminal justice systems, and evidence.
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THE CRIME CONTROL MODEL OF VIETNAM’S CRIMINAL JUSTICE SYSTEM: THE VITAL ROLE OF PROSECUTORS AND THE NEED FOR PLEA BARGAINING

Summary: While plea bargaining aligns with the goals of the crime control model, it also raises concerns about safeguarding defendants’ rights. This paper argues that plea bargaining, with proper safeguards, could help maintain the balance between efficiency and justice in Vietnam’s criminal justice system.

Contact to order print journal at the Tạp chí Khoa học pháp lý Việt Nam or via email at [email protected].
The full article is published at: doi.org/10.2478/vjls-2025-0007

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] LE DUY KHANG AND NGUYEN DA LAM-------------------------------------We are please...
22/05/2025

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] LE DUY KHANG AND NGUYEN DA LAM
-------------------------------------
We are pleased to have Le Duy Khang and Nguyen Da Lam as contributors in our newest issue.

Le Duy Khang is a commercial lawyer specializing in environmental law. He has held multiple legal roles, including intellectual property agent, liquidator, and commercial mediator. His research focuses on Chinese laws and professional ethics in the legal profession through legal philosophy and comparative law.

Nguyen Da Lam is a master's student in Intellectual Property Law at Korea University, Korea. Before joining the program, Lam gained practical experience working at law firms in Vietnam, handling dispute resolution in intellectual property matters. This led her to develop a strong interest in intellectual property law, with a focus on trademark and copyright, unfair competition prevention, and their interplay.
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THE LAWYER’S DUTY OF CONFIDENTIALITY IN VIETNAM - A STUDY OF COMPARATIVE LAW IN THE ASIA PACIFIC COUNTRIES

Summary: This article examines the rules and regulations on the Vietnamese lawyer’s duty of confidentiality as stipulated in the 2019 Lawyers’ Code of Ethics and Conduct and the 2006 Law on Lawyers. The authors applied legal analysis to highlight the unclear scope, scale, and requirements of such duty in the current legal and ethical regulations.

Contact to order print journal at the Tạp chí Khoa học pháp lý Việt Nam or via email at [email protected].
The full article is published at: doi.org/10.2478/vjls-2025-0006

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] MUHAMMAD IMRAN ALI-------------------------------------We are pleased to have Mu...
21/05/2025

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] MUHAMMAD IMRAN ALI
-------------------------------------
We are pleased to have Muhammad Imran Ali as a contributor in our newest issue.

Muhammad Imran Ali is the Principal of Quaid-e-Azam Law College in Kasur, Pakistan, and an Advocate of the High Court with 25 years of experience. His expertise includes international law, constitutional law, criminal law, and child rights. Muhammad Imran Ali has an extensive publication record, his research reflects a commitment to advancing legal education and protecting vulnerable populations.
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FROM SOVEREIGNTY TO SURVEILLANCE: THE LEGAL LANDSCAPE OF “DIGITAL COLONIALISM” IN INDIA AND PAKISTAN

Summary: This article examines how the practice of “digital colonialism” raises questions over conventional sovereignty and human rights in surveillance systems. The article also explores digital dependency and the need to translate international norms into strong national laws that ensure data protection applies to foreign tech firms, shaping legal reforms and research priorities.

Contact to order print journal at the Tạp chí Khoa học pháp lý Việt Nam or via email at [email protected].
The full article is published at: doi.org/10.2478/vjls-2025-0005

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] LY VAN ANH-------------------------------------We are pleased to have Ly Van Anh...
21/05/2025

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] LY VAN ANH
-------------------------------------
We are pleased to have Ly Van Anh as a contributor in our newest issue.

Ly Van Anh is a member of the Research Chair on New Challenges of Economic Globalisation at Université Laval (Québec, Canada) and a Professor at the Faculty of International Law of the Diplomatic Academy of Vietnam, where she both graduated and has been employed since 2000. She holds an LLM and an LLD from Université Laval. Her expertise lies in international economic law and private international law. She has authored or co-authored around sixty publications in Vietnam, France, and Canada. She has been teaching WTO law and Private International Law at Université Laval since September 2022.
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THE AGREEMENT ON CLIMATE CHANGE, TRADE, AND SUSTAINABLE DEVELOPMENT – A NEW STEP IN ESTABLISHING A WTO LEGAL FRAMEWORK FOR ENVIRONMENTAL TRADE?

Summary: While its effectiveness and future within the WTO remain subjects of observation, the Agreement on Climate Change, Trade, and Sustainability (ACCTS) exemplifies how small groups of WTO members can take the initiative in creating a dynamic and adaptable agreement that could pave the way for broader multilateral cooperation in addressing climate change through trade.

Contact to order print journal at the Tạp chí Khoa học pháp lý Việt Nam or via email at [email protected].
The full article is published at: doi.org/10.2478/vjls-2025-0004

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] BUI TAI KIEN-------------------------------------We are pleased to have Bui Tai ...
20/05/2025

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] BUI TAI KIEN
-------------------------------------
We are pleased to have Bui Tai Kien as a contributor in our newest issue.

Bui Tai Kien is a legal official in the Department of International Law and Treaties, Ministry of Foreign Affairs of Viet Nam. He obtained his bachelor’s degree in international law from the Diplomatic Academy of Viet Nam in 2019 and his Master of Laws (international law major) from the University of Cambridge in 2024. His research interests focus on public international law, the law of the sea, international organizations, and international legal fora.

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THE LEGAL VALUE OF THE UNITED NATIONS GENERAL ASSEMBLY’S RESOLUTIONS IN THE INTERPRETATION OF TREATY AND CUSTOMARY INTERNATIONAL LAW

Summary: Resolutions passed by the United Nations General Assembly (UNGA) carry considerable legal weight, making significant contributions to the development of international law. The article seeks to explore the implications of these resolutions in interpreting norms reflected in treaties and under customary international law.

Contact to order print journal at the Tạp chí Khoa học pháp lý Việt Nam or via email at [email protected].
The full article is published at: doi.org/10.2478/vjls-2025-0003

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] LE THI NGOC HA AND NGUYEN VU THUY QUYNH-------------------------------------We a...
20/05/2025

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] LE THI NGOC HA AND NGUYEN VU THUY QUYNH
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We are pleased to have Le Thi Ngoc Ha and Nguyen Vu Thuy Quynh as contributors in our newest issue.

Le Thi Ngoc Ha has been working at Ho Chi Minh City University of Law for 15 years. She obtained her Doctor of Philosophy (PhD) in Law from La Trobe University (Australia) in 2021. Her research and teaching interests primarily focus on International Trade Law (ITL), International Investment Law (IIL), International Business Law (IBL), International Contract Law (ICL), and Alternative Dispute Settlement (ADR). In addition to her academic career, she also serves as an arbitrator and legal adviser, with a particular focus on cross-border trade, investment, and commercial disputes.

Nguyen Vu Thuy Quynh currently works at Mori Hamada, Vietnam.
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COMPETENCE TO RULE ON ARBITRAL JURISDICTION: VARIOUS APPROACHES

Summary: This article investigates, in different jurisdictions, who, the court or the arbitral tribunal, has the competence and to what extent to decide whether the tribunal has jurisdiction over a case involving an arbitration agreement if one of the disputing parties initiates court proceedings before or concurrently with arbitral proceedings (the pre-award stages). The article also comments on three approaches and suggests policy considerations for Vietnam.

Contact to order print journal at the Tạp chí Khoa học pháp lý Việt Nam or via email at [email protected].
The full article is published at: doi.org/10.2478/vjls-2025-0002

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] SÉBASTIEN MANCIAUX-------------------------------------We are pleased to have Sé...
19/05/2025

[AUTHOR FEATURE – VJLS VOL 13(01)/2025] SÉBASTIEN MANCIAUX
-------------------------------------
We are pleased to have Sébastien Manciaux as a contributor in our newest issue.

Sébastien Manciaux is a Law Professor at the Université de Bourgogne (France) and a member of the Research Centre on Investment and International Trade Law (CREDIMI). At his university, he is the Course Leader of the Master 2 degree International Trade Lawyer. He teaches International Investment Law, International Trade Law, and International Arbitration in French, English, or Spanish to postgraduate students in France and abroad (Tunis, Marrakech, Quebec, Rio de Janeiro, Tehran, Kobe, Grenada, Vitoria-Gaetz).
He is frequently invited to international conferences in France and abroad and is one of the co-moderators of the OGEMID listserv. He also acts as arbitrator or counsel in international arbitration proceedings (ICSID, ICSID-AF, ICC, CCJA, or ad hoc arbitration proceedings with the application of the UNCITRAL Arbitration Rules) and as an expert for UNCTAD. He has also published many books and articles.
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PUBLIC HEALTH POLICIES AND PHARMACEUTICAL SOVEREIGNTY THROUGH THE PRISM OF INVESTMENT AGREEMENTS IN THE ASIA-PACIFIC REGION

Summary: The goal of the present study is to consider firstly whether investment treaties authorize or regulate public health policies that may be adopted or modified by the States parties to these treaties, and in a second time whether measures designed to encourage the relocation of pharmaceutical production are compatible with the treaty obligations entered into by States in these investment protection treaties.

Contact to order print journal at the Tạp chí Khoa học pháp lý Việt Nam or via email at [email protected].
The full article is published at: doi.org/10.2478/vjls-2025-0001

📚VIETNAMESE JOURNAL OF LEGAL SCIENCES, VOL. 13, NO. 01/2025 📚-----------------------------------We are excited to announ...
19/05/2025

📚VIETNAMESE JOURNAL OF LEGAL SCIENCES, VOL. 13, NO. 01/2025 📚
-----------------------------------
We are excited to announce the release of Volume 13, Issue 1 (Spring 2025) of the Vietnamese Journal of Legal Sciences (VJLS).
In this issue, the articles explore various contemporary legal issues, including public health and pharmaceutical sovereignty through investment agreements; competence to rule; interpretation of treaties and customary international law; “digital colonialism”; lawyers’ duty of confidentiality; WTO and environmental trade; and plea bargaining. We are honored to feature contributions from a distinguished roster of authors from France, Pakistan, Vietnam, Korea, Canada, and Japan. Highlights include:
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1. Public Health Policies and Pharmaceutical Sovereignty through the Prism of Investment Agreements in the Asia-Pacific Region
Author: Sébastien Manciaux (France)
Summary: The goal of the present study is to consider firstly whether investment treaties authorize or regulate public health policies that may be adopted or modified by the States parties to these treaties, and in a second time whether measures designed to encourage the relocation of pharmaceutical production are compatible with the treaty obligations entered into by States in these investment protection treaties.
DOI: doi.org/10.2478/vjls-2025-0001
-----------------------------------
2. Competence to Rule on Arbitral Jurisdiction: Various Approaches
Authors: Le Thi Ngoc Ha and Nguyen Vu Thuy Quynh (Vietnam)
Summary: This article investigates, in different jurisdictions, who, the court or the arbitral tribunal, has the competence and to what extent to decide whether the tribunal has jurisdiction over a case involving an arbitration agreement if one of the disputing parties initiates court proceedings before or concurrently with arbitral proceedings (the pre-award stages). The article also comments on three approaches and suggests policy considerations for Vietnam.
DOI: doi.org/10.2478/vjls-2025-0002
-----------------------------------
3. The Legal Value of the United Nations General Assembly’s Resolutions in the Interpretation of Treaty and Customary International Law
Author: Bui Tai Kien (Vietnam)
Summary: Resolutions passed by the United Nations General Assembly (UNGA) carry considerable legal weight, making significant contributions to the development of international law. The article seeks to explore the implications of these resolutions in interpreting norms reflected in treaties and under customary international law.
DOI: doi.org/10.2478/vjls-2025-0003
-----------------------------------
4. The Agreement on Climate Change, Trade, and Sustainable Development – A New Step in Establishing a WTO Legal Framework for Environmental Trade?
Author: Ly Van Anh (Canada)
Summary: While its effectiveness and future within the WTO remain subjects of observation, the Agreement on Climate Change, Trade, and Sustainability (ACCTS) exemplifies how small groups of WTO members can take the initiative in creating a dynamic and adaptable agreement that could pave the way for broader multilateral cooperation in addressing climate change through trade.
DOI: doi.org/10.2478/vjls-2025-0004
-----------------------------------
5. From Sovereignty to Surveillance: The Legal Landscape of “Digital Colonialism” in India and Pakistan
Author: Muhammad Imran Ali (Pakistan)
Summary: This article examines how the practice of “digital colonialism” raises questions over conventional sovereignty and human rights in surveillance systems. The article also explores digital dependency and the need to translate international norms into strong national laws that ensure data protection applies to foreign tech firms, shaping legal reforms and research priorities.
DOI: doi.org/10.2478/vjls-2025-0005
-----------------------------------
6. The Lawyer’s Duty of Confidentiality in Vietnam - A Study of Comparative Law in the Asia Pacific Countries
Authors: Le Duy Khang and Nguyen Da Lam (Vietnam and Korea)
Summary: This article examines the rules and regulations on the Vietnamese lawyer’s duty of confidentiality as stipulated in the 2019 Lawyers’ Code of Ethics and Conduct and the 2006 Law on Lawyers. The authors applied legal analysis to highlight the unclear scope, scale, and requirements of such duty in the current legal and ethical regulations.
DOI: doi.org/10.2478/vjls-2025-0006
-----------------------------------
7. The Crime Control Model of Vietnam’s Criminal Justice System: The Vital Role of Prosecutors and the Need for Plea Bargaining
Author: Vo Minh Ky (Japan)
Summary: While plea bargaining aligns with the goals of the crime control model, it also raises concerns about safeguarding defendants’ rights. This paper argues that plea bargaining, with proper safeguards, could help maintain the balance between efficiency and justice in Vietnam’s criminal justice system.
DOI: doi.org/10.2478/vjls-2025-0007
-----------------------------------
📨All articles are published online and can be accessed at: https://sciendo.com/issue/VJLS/13/1

📣"CARBON MARKET: INTERNATIONAL EXPERIENCES AND RECOMMENDATIONS FOR VIETNAM" INTERNATIONAL CONFERENCE 📣On May 10, 2025, t...
10/05/2025

📣"CARBON MARKET: INTERNATIONAL EXPERIENCES AND RECOMMENDATIONS FOR VIETNAM" INTERNATIONAL CONFERENCE 📣
On May 10, 2025, the "Carbon Market: International Experiences and Recommendations for Vietnam" International Conference was held at Ho Chi Minh City University of Law, Vietnam. The conference was co-organized by Ho Chi Minh City University of Law, Hanoi National University of Law, and Foreign Trade University. The Vietnamese Journal of Legal Sciences is honored to be the publishing sponsor for the selected papers.
The conference was attended by leading experts and scholars from many fields, including: law, administration, economics, finance, climate change research, etc; from many universities, organizations, companies, etc; from the United Nations and countries such as Vietnam, the United States, Canada, the European Union, Australia, Russia, China, etc.
The Vietnamese Journal of Legal Sciences is also pleased to introduce issues with articles on the environment:
🖋 Issue 12(01)/2024 of the Vietnamese Journal of Legal Sciences
🖋 Issue 10(182)/2024 of Tap chi Khoa hoc Phap ly Vietnam
🖋 Issue 12(184)/2024 of Tap chi Khoa hoc Phap ly Vietnam

🎉🎉The Vietnamese Journal of Legal Sciences would like to respectfully inform our readers, authors, and partners of the 2...
17/01/2025

🎉🎉The Vietnamese Journal of Legal Sciences would like to respectfully inform our readers, authors, and partners of the 2025 Lunar New Year holiday schedule as follows:
📌Closed from January 25, 2025 to February 2, 2025
📌Reopen on Monday, February 3, 2025
During the holiday, readers, authors, and partners can still submit articles or contact the Editorial Board completely online via our email: [email protected]

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https://sciendo.com/journal/VJLS

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