Law Of Vietnam
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Law Of Vietnam
Law of Vietnam is based on communist legal theory and French civil law. In 1981 major reforms were made to the judicial and legal system. New laws introduced since: * Penal Code 1912 History 1946: * September 2, 1945 President Ho announced Independence Declaration * November 9, 1946 the first constitution was adopted by the National Assembly * Includes 7 chapters, 70 articles 1954: Geneva Agreement has been signed thanks to Dien Bien Phu victory. 1959: Constitution of the Democratic Republic of Vietnam, adopted on January 1, 1960. It consisted of X chapters, 112 articles 1975: The reunification of North and South Vietnam 1980: Constitution of the Socialist Republic of Vietnam, adopted on December 19, 1980 Includes XII chapters, 147 articles. The consequence of the policy of economic liberalization “Doi Moi” started in 1986. April 15, 1992: Constitution of the Socialist Republic of the Vietnam includes XII chapters, 147 articles. Law System of Socialist Republic ...
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Communist Legal Theory
Communism () is a sociopolitical, philosophical, and economic ideology within the socialist movement, whose goal is the creation of a communist society, a socioeconomic order centered on common ownership of the means of production, distribution, and exchange that allocates products in society based on need.: "One widespread distinction was that socialism socialised production only while communism socialised production and consumption." A communist society entails the absence of private property and social classes, and ultimately money and the state. Communists often seek a voluntary state of self-governance but disagree on the means to this end. This reflects a distinction between a libertarian socialist approach of communization, revolutionary spontaneity, and workers' self-management, and an authoritarian socialist, vanguardist, or party-driven approach to establish a socialist state, which is expected to wither away. Communist parties have been described as radical lef ...
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France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlantic, North Atlantic, the French West Indies, and List of islands of France, many islands in Oceania and the Indian Ocean, giving it Exclusive economic zone of France, one of the largest discontiguous exclusive economic zones in the world. Metropolitan France shares borders with Belgium and Luxembourg to the north; Germany to the northeast; Switzerland to the east; Italy and Monaco to the southeast; Andorra and Spain to the south; and a maritime border with the United Kingdom to the northwest. Its metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea. Its Regions of France, eighteen integral regions—five of which are overseas—span a combined area of and hav ...
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Civil Law (legal System)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which rely heavily on judicial precedent, civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Today, civil law is the world's most common legal system, practiced in about 150 countries. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feuda ...
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Economic Liberalization
Economic liberalization, or economic liberalisation, is the lessening of government regulations and restrictions in an economy in exchange for greater participation by private entities. In politics, the doctrine is associated with classical liberalism and neoliberalism. Liberalization in short is "the removal of controls" to encourage economic development. Many countries have pursued and followed the path of economic liberalization in the 1980s, 1990s and in the 21st century, with the stated goal of maintaining or increasing their competitiveness as business environments. Liberalization policies may or often include the partial or complete privatization of government institutions and state-owned assets, greater labour market flexibility, lower tax rates for businesses, less restrictions on both domestic and foreign capital, open markets, etc. In support of liberalization, former British prime minister Tony Blair wrote: "Success will go to those companies and countries which are ...
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Crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a Category of being, category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is def ...
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National Security
National security, or national defence (national defense in American English), is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against Offensive (military), military attack, national security is widely understood to include also non-military dimensions, such as the security from terrorism, minimization of crime, economic security, energy security, environmental security, food security, and Computer security, cyber-security. Similarly, national security risks include, in addition to the actions of other State (polity), states, action by violent non-state actors, by narcotic cartels, organized crime, by multinational corporations, and also the effects of natural disasters. Governments rely on a range of measures, including Political power, political, Economic power, economic, and military power, as well as diplomacy, to ...
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Human Rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education. The modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged t ...
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Organization
An organization or organisation (English in the Commonwealth of Nations, Commonwealth English; American and British English spelling differences#-ise, -ize (-isation, -ization), see spelling differences) is an legal entity, entity—such as a company, or corporation or an institution (formal organization), or an Voluntary association, association—comprising one or more person, people and having a particular purpose. Organizations may also operate secretly or illegally in the case of secret society , secret societies, criminal organizations, and resistance movements. And in some cases may have obstacles from other organizations (e.g.: Southern Christian Leadership Conference, MLK's organization). What makes an organization recognized by the government is either filling out Incorporation (business), incorporation or recognition in the form of either societal pressure (e.g.: Advocacy group), causing concerns (e.g.: Resistance movement) or being considered the spokesperson o ...
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Constitution Of The Socialist Republic Of Vietnam
The Vietnamese Constitution or the Constitution of Vietnam (), fully the Constitution of the Socialist Republic of Vietnam (), is the fundamental and supreme law of the Socialist Republic of Vietnam. The current constitution was adopted on November 28, 2013, by the Thirteenth National Assembly and took effect on January 1, 2014, being the third constitution adopted by the Vietnamese state since the political reunification of the country in 1976. Current constitution The current constitution, known as the 2013 Constitution, contains a preamble and 11 chapters: * Chapter I: Political System * Chapter II: Human Rights, Basic Civil Rights and Civic Duties * Chapter III: The Economy, Society, Culture, Education, Science, Technology, and the Environment * Chapter IV: Defence of the Homeland * Chapter V: The National Assembly * Chapter VI: President of the Republic * Chapter VII: The Government * Chapter VIII: The People's Court and the People's Procuracy * Chapter IX: Local Government ...
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Judiciary Of Vietnam
The judicial system of Vietnam is governed under the Constitution of Vietnam, the Law on the Organization of People's Courts (2014), and the Law on the Organization of People's Procuracies (2014). Since Vietnam is a one-party socialist republic, the judiciary falls under the leadership of the Communist Party of Vietnam, and judges and procurators are all members of the Party. The judiciary is nominally accountable to the National Assembly of Vietnam, which is the highest institution of government power in the country. Structure The judicial system of Vietnam comprises the "people's courts", military tribunals, and people's procuracies. The highest court in the country is the Supreme People's Court. Underneath the Supreme People's Court are three levels of courts: the superior people's courts (''toà án nhân dân cấp cao''), of which there are three; the provincial-level people's courts (''toà án nhân dân cấp tỉnh''), of which there are 63; and district-level people' ...
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Legal Systems Of The World
The contemporary national legal systems are generally based on one of four major legal traditions: civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and ...
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