Vietnam Law & Legal Forum 2005 ARCHIVES ARTICLE TITLE (BY SECTION) ISSUE NUMBER FOCUS A must to amend the Environmental Protection Law By Nghiem Xuan Bach No. 125/Jan. Improving Party leadership over judicial work By Tran Dai Hung, Vice-President of the Vietnam Lawyers’ Association Deputy Head of the Party Central Committee’s Internal Affairs Commission No. 126/Feb. Agent Orange Lawsuit: When will the US accept its responsibility? By VLLF No. 127/Mar. Proposed amendments to the Civil Code By Cao Mai Phuong, VLLF Electricity Law: A legal framework for development of Vietnam’s competitive electricity market By VLLF On the applicability of omnibus lawmaking technique By Ngo Duc Manh, LL.D., National Assembly Office No. 128/Apr. Lawyers plan to make more contributions to the nation By VLLF Amending the customs law to meet international standards By Cao Mai Phuong, VLLF In commemoration of President Ho Chi Minh’s 115th birth anniversary (19/5/1890 - 19/5/2005): Ho Chi Minh thought on management of society by law By Dr. Tran Nho Thin, Ministry of Justice No. 129/May Government envisages major tasks for coming time By VLLF Renewal of economic and commercial laws for international economic integration By Hoang Phuoc Hiep, LL.D., Director of International Law Department, Ministry of Justice No. 130/Jun. Major provisions of the Competition Law By Cao Mai Phuong, VLLF Perfection of national law in integration and globalization context By Ngo Duc Manh, LL.D., Director General, Center for Information, Library and Research Services Office of the National Assembly No. 131/Jul. Vietnam continues to open the financial market for foreign financial institutions By Dr. Le Xuan Nghia, Director, Vietnam State Bank, Department of Banking Development Strategies New Civil Code with a wider governing scope By VLLF Unified Enterprise Bill and the fulfillment of investment relation development commitments in the BTA By Dr. Duong Dang Hue, Associate Professor, Civil-Economic Law Department, Justice Ministry No. 132/Aug. Introduction of main provisions of Unified Enterprise Bill By VLLF Vietnam Law & Legal Forum 1 New Civil Code with a wider governing scope (continued) By VLLF 60 years of building a state ruled by law By Prof. Dr. Dao Tri Uc, Director, State and Law Institute of Vietnam No. 133/Sep. Government plans for faster and more sustainable development By VLLF No. 134/Oct. The 6th ASEAN Law Ministers Meeting (ALAWMM): Vietnam proposes to enhance regional legal and judicial cooperation By VLLF Vietnam’s implementation of ASEAN cooperative programs on law and justice By VLLF Joint communiqué of the 6th Asean Law Ministers Meeting (ALAWMM) By VLLF Improving legislative work for building a socialist state ruled by law By Ph.D. Ngo Duc Manh, Director General of National Assembly Office’s Center for Information, Library and Research Services No. 135/Nov. A new legal environment for railway investment By VLLF Futher strengthening the NA’s legislative capacity By Dr. Tran Ngoc Duong, Deputy Director of the National Assembly Office No. 136/Dec. Renewing National Assembly of Vietnamese socialist state ruled by law By Nguyen Duy Quy, Prof., Academician Legal framework on human trafficking to be perfected By Ngan Le Legal documents of readers’ interest of the year By VLLF Ten biggest events of 2005 By Vietnam News Agency FORUM Water resource protection legislation: Reality and perfection solutions By LL.D. Nguyen Quang Tuyen, Hanoi Law University No. 125/Jan. Lawyers on law and investment review By VLLF Single-party leadership and the exercise of democracy By Nhi Le No. 126/Feb. Institutionalizing the Party’s lines By Dr. Tran Thai Duong, Hanoi Law University Legal consultancy: A thriving and competitive market By VLLF No. 127/Mar. On civil relations involving foreign elements in draft (amended) Civil Code By Nguyen Trung Tin, L.L.D., State and Law Institute of Vietnam Law of Treaties By Dr. Nguyen Thi Hoang Anh, Deputy Director, Department of International Law and Treaties, Ministry of Foreign Affairs No. 128/Apr. Treaties: Direct application and incorporation into Domestic Law By Nguyen Thi Nhu Mai, LL.D., Deputy Director, Legal Department, Vietnam National Maritime Bureau Vietnam Law & Legal Forum 2 Regulations on tendering By Nguyen Vu Bao Ngoc, attorney at the Hanoi Bar, and Sophie Charles, lawyer, Flécheux, Ngo & Associés Law of Treaties (Continued) By Dr. Nguyen Thi Hoang Anh, Deputy Director, Department of International Law and Treaties, Ministry of Foreign Affairs No. 129/May Towards unification of Vietnam’s Contract Law By Dinh Thi Mai Phuong, LL.M., Deputy Head, Civil, Economic & Commercial Law Research Committee Jurisprudence Institute, Justice Ministry ill against Corruption: Vietnam shows its highest determination to curb graft By Nguyen Quang Minh, National Assembly’s Office No. 130/Jun. Recognition and enforcement of foreign arbitral awards in Vietnam: Procedures and practical issues By Nguyen Huy Thang, Lawyer Revising Complaint and Denunciation Law in line with BTA and WTO Agreements By Tran Van Son, LL.M., Deputy Director, Government Office Department of Complaints and Denunciations Handling No. 131/Jul. Vietnam securities market: Pluses and minuses By VSR/ VLLF Reforming Vietnamese tax policy through 2010 By Do Ngoc Huynh, Ph.D, Tax Policy Department, Finance Ministry No. 132/Aug. Implementation of Vietnam-China Agreement on fishery cooperation – one year in retrospect By Nguyen Hong Thao, LL.D. and Hoang Hai Oanh, LL.B., Ministry of Foreign Affairs Committee for Frontier Issues Some issues of Social Insurance Bill By Nguyen Quang Minh, Office of the National Assembly No. 133/Sep. Gov’t minimizes economic losses arising from trade disputes By VNS/VLLF Revision of Value Added Tax and Special Consumption Tax Laws to meet requirements of international economic integration By Do Ngoc Huynh, Ph.D., Tax Policy Department, Ministry of Finance No. 134/Oct. Real Estate Business Bill unveiled By VLLF Major contents of Real Estate Business Bill By VLLF Draft Law on Lawyers: New provisions and proposals By Nguyen Truong Giang, Law Department, National Assembly Office New provisions on contract in the new Civil Code and Commercial Law By Dinh Thi Mai Phuong, LL.M., Deputy Head, Civil, Economic and Commercial Law Research Committee Jurisprudence Institute, Justice Ministry No. 135/Nov. Legal services in Vietnamese market economy By Dr. Nguyen Van Tuan New provisions on contract in the new Civil Code and Commercial Law (Continued) By Dinh Thi Mai Phuong, LL.M., Deputy Head, Civil, Economic & Commercial Law Research Committee Jurisprudence Institute, Justice Ministry No. 136/Dec. Reforming personal income tax policy By Do Ngoc Huynh, Ph.D., Tax Policy Department, Ministry of Finance Vietnam Law & Legal Forum 3 Q&A How foreigners can adopt Vietnamese children No. 125/Jan. How can foreigners get their papers consularly legalized, notarized No. 126/Feb. Technology transfer contracts No. 127/Mar. Setting up representative offices of foreign cooperation and research organizations in Vietnam No. 128/Apr. Supervising work construction in Vietnam No. 129/May Private medical practice No. 130/Jun. Land rent No. 131/Jul. Land lease No. 132/Aug. Employment of foreign laborers in Vietnam No. 133/Sep. Work permits of foreigners No. 134/Oct. Tax preferences for foreign investors No. 135/Nov. Land rent for foreign investors No. 136/Dec. INTELLECTUAL PROPERTY Vietnam’s current legislation against IPR - related unfair competition and monopoly By LL.M. Nguyen Thanh Tam, International Law Faculty, Hanoi Law University No. 125/Jan. How enterprises can register their IP rights in Vietnam By Le Tat Chien, Training Division, National Office of Intellectual Property No. 126/Feb. On the Intellectual Property Bill By Nguyen Thanh Tam, LL.M., Hanoi Law University No. 127/Mar. Vietnam’s IP law drafting - Some methodological questions By Nguyen Thanh Tam, LL.M., Hanoi Law University Vietnam’s customs legislation and the protection of IP rights By Vu Ngoc Anh, Dr., General Department of Customs No. 128/Apr. To reform court procedures for protection of IP rights By Nguyen Van Luat, Supreme People’s Court No. 129/May IP bill to facilitate integration and protect national interests, say legislators By VLLF No. 130/Jun. Marked changes proposed in IP Bill By Le Tat Chien, National Office of Intellectual Property Amendments to Decree on handling IP violations By Dang The Duc and Ho Tuong Vy, Vision & Associates No. 131/Jul. Settlement of copyright disputes in court according to civil procedure By Dieu Ngoc Tuan, LL.M., LE & LE Intellectual Property Law Firm No. 132/Aug. Problems in the current system of IP protection By Le Xuan Thao, LL.D., Vietnam International Patent, Trademark & Copyright Agent (INVENCO) No. 133/Sep. IP rights in the 2005 Civil Code IP case archives: “Jet” cigarette trademark infringement By VLLF No. 135/Nov. Ten year’ implementation of the 1995 Civil Code’s industrial property provision By Le Tat Chien, National Office of Intellectual Property No. 136/Dec. HISTORY & LAW (By Pham Diem, State and Law Institute of Vietnam) Ownership forms in Vietnam’s current legislation No. 125/Jan. Land ownership and land use rights in Vietnam’s contemporary legislation (from 1945 to the present) No. 126/Feb. Legislation on land use right transfer in Vietnam No. 127/Mar. Vietnam Law & Legal Forum 4 Vietnamese legislation on copyright No. 128/Apr. Vietnamese legislation on industrial property No. 129/May General legal provisions on inheritance from 1945 till now No. 130/Jun. Testamentary inheritance in Vietnam’s current legislation No. 131/Jul. At-law inheritance in Vietnam’s current legislation No. 132/Aug. Civil contracts in Vietnam’s current law No. 133/Sep. Civil obligations in the law of Vietnam No. 134/Oct. Vietnamese law on marriage and family No. 135/Nov. Marriage institutions in Vietnam’s current law No. 136/Dec. NEW LEGISLATION Circular No. 09/2004/TT-NHNN of December 21, 2004, guiding foreign loans and loan repayment by enterprises No. 125/Jan. Circular No. 124/2004/TT-BTC of December 23, 2004, guiding the implementation of the Regulation on transfer of profits abroad by foreign economic organizations or individuals, that earn profits from their investment in forms prescribed in the Law on Foreign Investment in Vietnam Circular No. 05/2005/TT-BTC of January 11, 2005, guiding the tax regime applicable to foreign organizations without Vietnamese legal person status and foreign individuals doing business or earning incomes in Vietnam No. 126/Feb. Decree No. 28/2005/ND-CP of March 9, 2005, on organization and operation of small-sized financial institutions in Vietnam No. 127/Mar. Decision No. 41/2005/QD-TTg of March 2, 2005, promulgating the Regulation on goods import licensing Directive No. 13/2005/CT-TTg of April 8, 2005, on a number of solutions to creating further changes in the attraction of foreign direct investment in Vietnam No. 128/Apr. Joint Circular No. 14/2005/TTLT-BGD&DT-BKH&DT of April 14, 2005, guiding a number of articles of the Government’s Decree No. 06/2000/ND- CP of March 6, 2000, on investment cooperation with foreign countries in the fields of medical examination and treatment, education and training, and scientific research No. 129/May Decree No. 74/2005/ND-CP of June 7, 2005, on prevention and combat of money laundering No. 130/Jun. Joint Circular No. 02/2005/TTLT-BKH-BTP-BNG-BCA of May 25, 2005, providing guidance concerning overseas Vietnamese and foreign residents in Vietnam making investment under the Government’s Decree No. 51/1999/ND-CP of July 8, 1999, detailing the implementation of Domestic Investment Promotion Law No. 03/1998/QH10 (amended) No. 131/Jul. Law on Import Tax and Export Tax (No. 45/2005/QH11 of June 14, 2005) No. 132/Aug. Decision No. 212/2005/QD-TTg of August 26, 2005, promulgating the Regulation on management of biological safety of genetically modified organisms; products and goods originating from genetically modified organisms No. 133/Sep. Decision No. 236/2005/QD-TTg of September 26, 2005, approving the Vietnam post development planning till 2010 No. 134/Oct. Decree No. 134/2005/ND-CP of November 1, 2005, promulgating the Regulation on management of foreign loans and repayment of foreign debts No. 135/Nov. Decree No. 146/2005/ND-CP of November 23, 2005, on the financial regime applicable to credit institutions No. 136/Dec. ----------------------- * * * * * ----------------------- Vietnam Law & Legal Forum 5