Perfecting the legal framework on non-competition agreement in labor sector in Vietnam / Nguyễn Ngọc Anh Đào

19 Vietnam law on compulsory insurance for civil liability of motor vehicle owners and experiences from different countries Nguyễn Hữu Tấn .... Building a legal framework for green tour

PGS.TS Đoàn Thế Hùng và các đồng chủ biên Bùi Kim Hiếu, Nguyễn Ngọc Huân, Phạm Văn Hải, Nguyễn Ngọc Anh Đào Nguyễn Trọng Minh Khanh, Võ Đình Văn, Lê Thành Vinh, Lê Anh Vân

ELIS-2021 Proceedings of the International Conference on

Economic, Cultural, and Legal Issues

in Sustainable Development

ISBN 978-604-79-3007-4

NHÀ XUẤT BẢN TÀI CHÍNH

MỤC LỤC

PHẦN 1 PHÁP LUẬT VÀ QUẢN LÝ NHÀ NƯỚC TRONG PHÁT TRIỂN BỀN VỮNG

Settlement of disputes over rights to adjoining immovable property according to administrative procedures

Michael W Burnbaum, Nguyễn Đăng Khoa, Lâm Hà 9

State management at the provincial level for small and mid-size enterprises in the private sector: Experience in countries and lessons for Vietnam

Bùi Kim Hiếu 13

Building a legal framework for green tourism development in Vietnam

Phạm Thị Tuyết Giang 19

Vietnam law on compulsory insurance for civil liability of motor vehicle owners and

experiences from different countries

Nguyễn Hữu Tấn 29

Perfecting the legal framework on non-competition agreement in labor sector in Vietnam

Nguyễn Ngọc Anh Đào 36

Improving the law of public service ethics for sustainable development

Bành Quốc Tuấn, Nguyễn Thị Thanh Nhã, Trịnh Tuấn Anh 58

Bảo vệ quyền lợi cổ đông thiểu số trong công ty cổ phần theo Luật doanh nghiệp 2020

Phạm Văn Hải 63

Ban hành và áp dụng án lệ về xử lý tài sản bảo đảm

Bùi Kim Hiếu, Trịnh Tuấn Anh, Mai Lan Phương 68

Thực trạng quản lý nhà nước về du lịch nông thôn tại thành phố Hồ Chí Minh và một số kiến nghị hoàn thiện

Phạm Thanh Bình 74

Bảo hộ chỉ dẫn địa lý theo quy định của pháp luật Việt Nam

Bùi Duy Linh 84

Kinh nghiệm cấp phép kinh doanh du lịch một số quốc gia trên thế giới bài học kinh nghiệm cho Việt Nam

Nguyễn Lê Phương Anh, Huỳnh Hữu Trúc Phương 89

Pháp luật về thuế thu nhập cá nhân: Kinh nghiệm các nước và thực tiễn Việt Nam

Huỳnh Thị Phương Anh 95

Pháp luật về trái phiếu xanh theo quy định của luật bảo vệ môi trường năm 2020

Nguyễn Ngọc Anh Đào 101

Bảo đảm quyền của lao động di cư trong nước trở về vì đại dịch COVID-19

Trần Thị Thu Hà, Dương Thị Hải Yến 107

Bàn về công nhận quan hệ vợ chồng giữa công dân Việt Nam và người nước ngoài khi đăng ký kết hôn tại nước ngoài

Nguyễn Thị Phương 128

Trách nhiệm xã hội của doanh nghiệp khu công nghiệp trong lĩnh vực bảo vệ môi trường: Thực trạng pháp luật và kiến nghị hoàn thiện

Trịnh Tuấn Anh, Nguyễn Thị Mỹ Dung, Trương Thị Bích Hạnh 128

Hoàn thiện quy định pháp luật về bảo vệ quyền lợi người thứ ba ngay tình

Văn Nguyễn Như Tâm 128

Hoàn thiện pháp luật về chuyển nhượng tài sản gắn liền với đất từ thực tiễn tại Thành phố Hồ Chí Minh

Lưu Phương Nhật Thùy 137

Hoàn thiện pháp luật và cơ chế thực thi trong việc tăng quyền và cơ hội việc làm cho lao động

nữ nhằm thực hiện mục tiêu phát triển bền vững

Võ Thị Hoài 146

Áp dụng bộ luật dân sự và luật kinh doanh bất động sản để giải quyết tranh chấp hợp đồng chuyển nhượng quyền sử dụng đất trong kinh doanh bất động sản

Nguyễn Thị Thanh Nhã, Trịnh Tuấn Anh 153

Tài nguyên thiên nhiên dưới góc độ kinh tế học pháp luật về quyền sở hữu

Dương Minh Truyền, Nguyễn Thị Thu Trang 162

Hoàn thiện quy định của pháp luật về quyền hưởng lợi từ tài sản trong bảo lưu quyền sở hữu

Nguyễn Trương Văn Tài 171

Vai trò của quản lý nhà nước trong liên kết phát triển du lịch đường sông tại Thành phố Hồ Chí Minh

Nguyễn Phước Hiền, Trần Trọng Thành 177

Bảo hộ quyền sở hữu công nghiệp đối với bí mật kinh doanh theo quy định của pháp luật Việt Nam

Nguyễn Hữu Tiếng 185

Thẩm quyền của Tòa án Việt Nam trong giải quyết vụ việc dân sự có yếu tố nước ngoài

Phạm Thị Hồng Mỵ 193

Áp dụng luật bảo vệ môi trường về tín dụng xanh: Kinh nghiệm của một số quốc gia và bài học cho Việt Nam

Bùi Kim Hiếu, Nguyễn Hữu Tấn 202

Hoàn thiện pháp luật về bảo vệ riêng tư trong thanh toán bằng ví điện tử

Nguyễn Hữu Quy 210

Pháp luật về quản lí nhà nước đối với lao động nước ngoài của một số quốc gia và bài học gợi

mở cho Việt Nam

Trần Thị Bích Nga, Hồ Thị Hải 218

Một số vấn đề pháp lý về hợp đồng thương mại điện tử trong hoạt động thương mại thông qua mạng Internet

Nguyễn Hoàng Phương Thảo, Vũ Văn Đoàn 226

Bàn về đối tượng bị cấm thành lập và quản lý doanh nghiệp theo Luật doanh nghiệp 2020

PHẦN 2 CHÍNH SÁCH KINH TẾ VÀ QUẢN TRỊ TRONG PHÁT TRIỂN BỀN VỮNG

Identify social representations perspectives for establishing a strategic city brand management framework: A case of Da Lat city of poetic love and remembrance

Ngô Văn Bình, Nguyễn Hoàng Long 253

Lessons of urban development in Guangzhou in Ho Chi Minh City

Lê Thị Ái Nhân, Nguyễn Tấn Trung 261

Is social commerce the next chaper of e-commerce? The success story of Pinduoduo in China and application for Vietnam’s businesses

Nguyễn Võ Hoàng Trang 269

Establishing a research framework on AHP-based decisions on construction bidding in

Vietnam

Lê Anh Vân, Nguyễn Đăng Thanh 279

Factors affecting price policy of the accommodation in the development of technology 4.0

Phuoc Hien Nguyen, Trong Thanh Tran, Dang Trieu Nguyen 297

Internal communication tendency for business sustainable development

Nguyễn Thị Thanh Hoa 305

Enhancing information technology application to improve attraction in tourism in Ho Chi Minh City after COVID-19

Lê Thị Ái Nhân, Nguyễn Tấn Trung 311

An overview on human resource management in countries and lessons for Vietnam

Nguyễn Thị Thanh Bình 319

Exploiting the geographical resources for tourism development in Ben Tre coastal area

Chung Lê Khang 325

Phát triển du lịch thành phố Hà Nội theo hướng bền vững

Lê Khánh Thu 333

Thực trạng và giải pháp đẩy mạnh chương trình phát triển kinh tế khu vực nông thôn tại Tiền Giang

Võ Văn Sơn, Lê Anh Vũ 341

Phát triển bền vững các làng nghề ở tỉnh Bình Định hiện nay

Nguyễn Đức Toàn, Đoàn Thế Hùng 346

Thực hiện an sinh xã hội đảm bảo sự phát triển bền vững tỉnh Lâm Đồng giai đoạn 2020-2025

Biện chứng giữa chính sách kinh tế và chính sách xã hội: Trường hợp tỉnh Tiền Giang

Cao Thị Tuyết Loan 372

Giải pháp marketing KOCs cho doanh nghiệp kinh doanh mỹ phẩm với quy mô nhỏ tại Thành phố Hồ Chí Minh

Trần Tuấn Anh 380

Giải pháp thúc đẩy liên kết và hợp tác phát triển du lịch vùng đồng bằng sông Cửu Long

Từ Ánh Nguyệt, Đỗ Ngọc Hảo 387

Liên kết vùng trong phát triển du lịch Lâm Đồng theo hướng bền vững

Nguyễn Thị Thu Hà 392

Thực trạng và giải pháp nhằm phát triển kinh tế tư nhân ở Việt Nam

Bùi Kim Hiếu 397

Chính sách quản lý về hoạt động phân phối tại Việt Nam vì mục tiêu phát triển bền vững

Nguyễn Lê Lý 402

Đạo đức kinh doanh gắn với việc phát triển bền vững

Nguyễn Đức Hoài Anh 409

Nguồn nhân lực trong phát triển bền vững trước xu hướng chuyển đổi số ở nước ta hiện nay

Tạ Hoàng Giang, Phan Duy Khánh, Lê Thị Quỳnh Hảo 451

Chiến lược thực hiện trách nhiệm xã hội để xây dựng danh tiếng công ty trong bối cảnh

COVID-19

Nguyễn Văn Anh 458

Mô hình xử lý công việc đáp ứng yêu cầu đa dạng cho hoạt động quản lý nghiệp vụ tại các ngân hàng thương mại cổ phần

Đặng Thị Hồng Phượng, Nguyễn Tấn Linh 466

Blockchain - Công nghệ cốt lõi để đạt được các mục tiêu phát triển bền vững

Nguyễn Quốc Khánh, Nguyễn Lâm Thái Thịnh 478

Các nhân tố tác động đến thu nhập của hộ trồng thanh long trên địa bàn huyện Bắc Bình, tỉnh Bình Thuận

Đinh Hoàng Anh Tuấn, Nguyễn Công Lý, Vòng Thình Nam 490

Ứng dụng công nghệ 4.0 trong đổi mới kinh doanh

Nguyễn Ngọc Hải 497

Các nhân tố ảnh hưởng đến động lực làm việc của người lao động tại chi nhánh Bình Thuận, Ngân hàng Bưu Điện Liên Việt

Tạ Hoàng Giang, Phan Hồng Trung Quốc 501

Dạy học trực tuyến ở bậc cao đẳng, đại học trong giai đoạn dịch COVID-19: Thực trạng và giải pháp

Vũ Thị Ngọc Thu 509

Những ý tưởng truyền đạt thông điệp hiệu quả trong quảng cáo và truyền thông

Phan Mai Chi 514

Nguồn nhân lực phục vụ phát triển bền vững đồng bằng sông Cửu Long theo Nghị quyết 120/NQ-CP

Lâm Bá Khánh Toàn, Nguyễn Phúc Gia Nguyên 524

Giải pháp thúc đẩy phát triển blockchain doanh nghiệp

Nguyễn Quốc Khánh, Đàm Văn Cường 532

Sự hài lòng của khách hàng đối với chất lượng dịch vụ di động 4G của Vinaphone trên địa bàn thành phố Phan Thiết

Đinh Hoàng Anh Tuấn, Mai Xuân Tiến, Đinh Văn Thịnh 541

Những yếu tố ảnh hưởng đến chuyển dịch cơ cấu ngành công nghiệp trong quá trình công nghiệp hóa và hiện đại hóa

PHẦN 3 VĂN HÓA DU LỊCH VÀ KHOA HỌC XÃ HỘI

TRONG PHÁT TRIỂN BỀN VỮNG

Livelihood improvement through tourism exploitation for Khmer households in Tra Vinh province

Tạ Duy Linh 574

Sustainable development of river tourism in Ho Chi Minh City

Nguyễn Phước Hiền, Trần Trọng Thành 583

The approach to theoretical basis in the study on ethnic’s cultural change

Quách Đức Tài 591

Recommendations to teach foreign languages by digital transformation in an effective

way among universities in Vietnam

Nguyễn Minh Hương 599

Sustainable development for sea tourism in Thanh Hoa province

Hoàng Hồng Anh 605

Foundational research for the development of community tourism model in Con Quy, Ben Tre province

Chung Lê Khang, Huỳnh Thị Kim Loan, Phùng Thị Kiều Oanh, Lâm Đức Cường 613

Resident-related factors of sustainable tourism in the Sam Mountain, An Giang province

Lê Thị Tố Quyên, Nguyễn Thị Mỹ Duyên, Lê Phương Dung 620

Exploiting the ecotourism potential of Vinh Long province linking to the Eastern coastal region

of the Mekong Delta in the context of climate change

Nguyễn Đình Thọ 629

Recommendations to teach foreign languages by digital transformation in an effective

way among universities in Vietnam

Nguyễn Minh Hương 634

Online learning intention in COVID-19 pandemic: Factors influence online learning students’ intention in HCMC

Nguyễn Hoàng Vũ, Nguyễn Thành Luân 640

Mối quan hệ giữa từ ngữ định danh con bài và hình vẽ con bài trong bài chòi Bình Định

Đặng Thị Thanh Hoa, Nguyễn Thị Vân Anh 650

Tiếp cận các chỉ báo hạnh phúc và pháp luật: Điểm mới trong đại hội XIII của Đảng Cộng sản Việt Nam

Đo lường sự hài lòng của du khách đối với du lịch tỉnh Khánh Hòa

Ngô Thị Phương Thảo 680

Nghiên cứu các yếu tố ảnh hưởng tới quyết định mua tour du lịch của người dân Đà Lạt

Tạ Hoàng Giang, Lưu Thắng Lợi 686

Phát triển du lịch bền vững tại tỉnh Trà Vinh dựa trên giá trị văn hóa Khmer Nam Bộ

Nguyễn Diệp Phương Nghi 694

Tiềm năng và giải pháp phát triển du lịch nông thôn bền vững tại Trà Vinh

Huỳnh Điệp Như 700

Thực trạng phát triển du lịch ở thành phố Đà Nẵng

Đinh Văn Trọng 712

Chuyển đổi sinh kế bền vững của các dân tộc thiểu số ở khu vực trung du miền núi phía Bắc Việt Nam: Trường hợp người Giáy ở xã Tát Ngà, huyện Mèo Vạc, tỉnh Hà Giang

Lê Thị Thanh Nguyên 719

Khai thác du lịch sức khỏe tại thành phố Đà Lạt thời kỳ hậu COVID-19 tiếp cận từ du lịch bền vững

Trịnh Minh Chánh 729

Phát triển thương hiệu du lịch sinh thái bền vững tại vườn quốc gia Tràm Chim dựa trên mô hình phân tích vòng đời của sản phẩm du lịch

Nguyễn Thị Lan Hạnh 734

Bình Dương 20 năm liên kết và phát triển kinh tế bền vững

Nguyễn Thị Vân Anh 740

Giải pháp đẩy mạnh hoạt động quảng bá và xúc tiến du lịch tỉnh Trà Vinh

Lê Thị Nhã Trúc, Nguyễn Ý Dư 749

Nâng cao ý thức chính trị cho sinh viên nhằm góp phần đào tạo nguồn nhân lực chất lượng cao ở Việt Nam hiện nay

Quách Đức Tài, Quách Đức Thịnh 770

Một số đề xuất đổi mới dạy học trực tuyến trong thời kỳ hậu COVID-19 trong hệ thống các trường cao đẳng ở Việt Nam

Phạm Thị Ngọc Thư 778

Thành phố nổi - Mô hình văn hóa đô thị tương lai

Trần Thị Hoàng Oanh 786

Tổng quan nghiên cứu văn hóa trang phục Hàn Quốc

Nguyễn Võ Phương Thanh 793

Nghi lễ vòng đời của người Mnông ở huyện Lắk, tỉnh Đắk Lắk

Lê Thị Quỳnh Hảo, Tạ Hoàng Giang 797

Giữ gìn và phát huy giá trị văn hóa trong tín ngưỡng dân gian của cộng đồng người Việt ở Tiền Giang hiện nay

Các yếu tố tác động đến phát triển du lịch bền vững tại thành phố Hồ Chí Minh

Bùi Trọng Tiến Bảo, Đỗ Thị Ninh, Đỗ Thị Hồng Phú 830

Nâng cao sự hài lòng của sinh viên về chất lượng đào tạo chuyên ngành du lịch tại Trường Cao đẳng Bình Định trong đại dịch COVID-19

Đào Thị Hồng, Huỳnh Ngọc Khoa, Phan Bá Hương, Nguyễn Như Quỳnh 838

PHẦN 1 PHÁP LUẬT VÀ QUẢN LÝ NHÀ NƯỚC

TRONG PHÁT TRIỂN BỀN VỮNG

Settlement of disputes over rights to adjoining immovable property

according to administrative procedures

Michael W Burnbaum, Nguyễn Đăng Khoa, Lâm Hà

Abstract

This article analyzes and comments on the settlement of disputes over rights to adjoining immovable property according to administrative procedures Through an overview of related research works in the last 20 years, the author points out that scientists focus on researching the right to restrict adjacent immovable property from theory to practice but have not studied in-depth the settlement of disputes over rights to adjoining immovable property according to administrative procedures Based on analytical methods, comparative methods, commentary methods, and synthetic inductive methods, this article is the general result of the recent law on the settlement of disputes over rights to adjoining immovable property according to administrative procedures; and suggests complete solutions to this problem

Keywords: rights to adjoining immovable property, dispute resolution, administrative procedures

1 Preface

Immovable property is considered a special subject, and the right to immovable property

is a subject that directly holds and controls property rights; In existence, it can pass through another property through the process of building a trade route connecting with society Under the influence of adjoining immovable property when this is an established right to the property, ownership or enjoyment will arise a dispute Currently, when there is a dispute about the limited use right of adjacent immovable property, there are two ways to resolve it when the parties cannot reconcile or reach an agreement It is through the denunciation procedure in accordance with the law to the People's Committee where the disputed immovable property is located; In other words, this is an administrative solution In addition, the parties can also settle through legal proceedings, also known as the court way The author believes that the two methods above are aimed at resolving disputes about the right to limited use of adjacent immovable property, but each method has its own advantages and disadvantages In this article, the author focuses on analyzing how to resolve disputes by administrative means

2 Research overview

Related to this topic, there have been a number of related articles and documents by authors and researchers For example, the work of Truong Thu Giang (2009) aims to perfect the provisions of the law on the right to limited use of adjacent immovable property, The author focuses on clarifying the nature of this type of right, comparing it with the regulations of some countries in the world and clarifying the provisions of the practical law in our country today More recently, author Dang Thi Thuy Thanh (2014) wrote about the limited use right of adjacent immovable property under current Vietnamese law This is a research topic on limited use right

of adjacent immovable property in general, that is, a study of a set of rights constituting within a limited use right of adjacent immovable property such as access rights, drainage rights rain Further, author Pham Cong Lac (2002, 2006) has published research works on limited use right

of adjacent immovable property, providing in-depth information about the concepts: immovable property, immovable property adjoining property, limited use right of adjoining immovable property

In general, through the above studies, scientists have focused on researching the right to restrict adjoining immovable property from theory to practice but have not conducted in-depth research on dispute settlement over rights for adjoining immovable property according to administrative procedures However, this is also an important source

of awareness for the author to deploy the topic, draw out problems for further research, and orient the research of his topic

3 Research method

In general, of methodology, this article is the result of research based on the principles of dialectical materialism and historical materialism of Marxism-Leninism Regarding specific methods, analytical methods, and comparative methods to clarify some legal theoretical issues

on rights to adjoining immovable property; method of commenting and method of analyzing written law to clarify the relevant legal situation; general inductive methods to derive solutions

to these problems

4 Results and discussion

4.1 Actual situation of resolving disputes over rights to adjoining immovable property according to administrative procedures

Over the years, disputes over the use of adjoining property regimes have been mainly resolved by administrative procedures We can say this is the order to settle civil disputes with legal meaning intermediate between the civil procedure order at the Court and the traditional settlement according to customs The administrative order to settle civil disputes is both legal and social, capable of giving full play to the subject's right to self-determination when participating in civil relations Both theory and practice recognize the settlement of civil disputes

in general and disputes over limited use of adjacent immovable property in particular according

to administrative procedures that is of great significance and has great effects on society Moreover, this measure shortens the time to settle civil disputes

According to the process, the parties bring the case to the People's Committee of the commune, after the People's Committee of the commune conducts the conciliation without any results, the dispute will be brought to the People's Committee of the district for settlement Mediation is an act of persuading the parties to end their dispute over their right to use immovable property in an amicable manner, encouraging the parties to accept an agreement In essence, this is the fact that the parties using adjacent immovable property meet and exchange to come to a common consensus and eliminate disagreements with each other

The current situation of conciliation work at the grassroots level has not been given due attention, many local officials do not have the capacity and experience to ensure the reconciliation of the parties, so the rate of successful conciliation is still limited, has not achieved high efficiency, has not done well in its responsibility of detecting, preventing and dealing with problems; there are cases that are not resolved thoroughly, lack objectivity, these are cases that must be brought to the Court

By passive inspection and supervision of the area; whether it is not really resolute and radical to limit the rights and responsibilities of local management, therefore, cases brought to the district level are inevitable

In this process, relevant agencies such as the Department of Natural Resources and Environment, the Department of Urban Management, participate in verifying the evidence provided by the parties such as land use right certificates, cadastral maps, building permits, construction drawings… to have a basis for solving the case Subjects in the case of a dispute over the right to open doors must comply with the decisions of the competent People's Committee

on the settlement of the dispute If the parties disagree with the content of the decisions, the involved parties have the right to file the complaint with the Administrative Court to request settlement

The Civil Code 2015 also has specific provisions on rights to adjoining immovable property, creating a legal basis for subjects participating in civil legal relations to determine their rights and obligations when using adjoining immovable property owned by another person

4.2 Inadequacies related to the settlement of disputes over rights to adjoining immovable property according to administrative procedures

The reason why the parties can choose the administrative route to settle the dispute about the right to adjacent immovable property are:

Firstly, people still often bring their disputes and requests to the People's Committee to be resolved by this agency because this agency has the ability to consider, survey, and grasp the local situation they are in charge of very well From there, the People's Committee will make rational and reasonable decisions

Second, most people are not used to settling disputes in court In other words, the mentality

of "unhappy and unlucky family chanting" is still deeply rooted in the minds of Vietnamese people

However, the majority of people do not choose this path to settle disputes, according to the author, for the following reasons:

Firstly, resolving disputes by administrative means is not a profound method In fact, if disagreeing with the settlement results of the People's Committee, a party still has the right to initiate a lawsuit to the competent People's Court to request settlement The judgment of the People's Court is final and binding on all parties The reason why the settlement results at the People's Committee may not be respected by the parties is because of the nature of the work of this agency

Secondly, due to limited qualifications, especially the contingent of civil servants in wards and communes, plus the village community's "first and second-best" character, the decisions of the People's Committees are not always objective and convincing According to statistics in 2017,

up to 9 provinces and cities appointed their family members to management positions of the government

Thirdly, the competent state agencies, when realizing that the dispute between the parties

is of a civil nature, usually handles it "passively, roughly" in the manner that they still organize conciliation according to the process; on the other hand, guide people to file lawsuits to the competent People's Court During the conciliation process, if conciliation is not possible or the conciliation fails, the working record of the local People's Committee shall only be considered

as a part of the evidence to be considered at the Court The People's Committee is considered to have fulfilled its duties and responsibilities

5 Proposed solution

With the shortcomings as analyzed above, it is necessary to have radical and radical solutions to improve the role of state administrative agencies when solving by administrative means According to the author, the following things should be done: (1) Eliminate the status of appointing relatives to state agencies, especially the People's Committees at all levels; (2) Propagating and disseminating the law to the people about the administrative law so that they understand their rights; (3) Raising the qualifications of the contingent of cadres and civil servants in the People's Committees at all levels, in addition, improving the living standards, taking care of wages and welfare for cadres and civil servants; (4) Raise the level of disciplinary action, handle responsibility for cadres and civil servants showing signs of corruption, power manipulation, abuse of position and power to gain illicit profits

REFERENCES

Vietnam Civil Code 1995; 2005; 2015

Do Van Dai (2017), Academic commentary on new points of the 2015 Civil Code, Hong Duc Publishing House

Nguyen Van Cu and Tran Thi Hue (2017), Academic commentary on Civil Code 2015, People's Public Security Publishing House

Pham Cong Lac (2001), Legal regulations on boundaries between adjacent immovable property, Journal of State and Law, No 11/2001

Pham Cong Lac (2002), Limited use right of adjoining immovable property, PhD Thesis, Hanoi Pham Cong Lac (2006), Limited use right of adjoining immovable property, Judicial Publishing House, Hanoi

Truong Thu Giang (200), Limited use right of adjoining immovable property, Ho Chi Minh City University of Law

Tóm tắt

Bài viết này phân tích và bình luận về giải quyết tranh chấp về quyền đối với bất động sản liền kề theo thủ tục hành chính Thông qua tổng quan các công trình nghiên cứu liên quan trong khoảng 20 năm gần đây, tác giả chỉ ra rằng các nhà khoa học tập trung nghiên cứu về quyền hạn chế bất động sản liền kề từ lý luận đến thực tiễn thi hành, nhưng chưa nghiên cứu chuyên sâu về giải quyết tranh chấp về quyền đối với bất động sản liền kề theo thủ tục hành chính Dựa trên các phương pháp phân tích, phương pháp so sánh, phương pháp bình luận và phương pháp quy nạp tổng hợp, bài viết này là kết quả tổng quát của thực trạng pháp luật về giải quyết tranh chấp về quyền đối với bất động sản liền kề theo thủ tục hành chính; và đề xuất các giải pháp hoàn thiện đối với vấn đề này

Từ khóa: Quyền đối với bất động sản liền kề, giải quyết tranh chấp, thủ tục hành chính

AUTHORS’ INFORMATION

1 Michael W Burnbaum

Juris Doctor, Suffolk University

Visiting Lecturer, Thai Binh Duong University

2 Nguyễn Đăng Khoa

LL.M., Lecturer, Thai Binh Duong University

Corresponding author, Email: khoa.nd@tbd.edu.vn

3 Lâm Hà

Educational and Scientific

Institute of Culture, Sports and Tourism

State management at the provincial level for small and mid-size enterprises

in the private sector: Experience in countries and lessons for Vietnam

Bùi Kim Hiếu

Abstract

State management of small and medium-sized enterprises (SMEs) in the local private sectors directly affects the development of these sector With the requirement to develop the the private economy to become the driving force of economic development under the direction of the Party, it is necessary to further innovate the state management of SMEs at the local levels Within the scope of this research the author presents experience of state management at the provincial level for SMEs in private sector in some countries around the world and lessons for

However, in the transition process from a centrally subsidized economy to a oriented market economy, especially in the context of globalization and international economic integration, SMEs have revealed inadequacies and limitations when facing new opportunities and challenges Up to now, the competition capacity of most SMEs is still low compared to state-owned enterprises and foreign joint-venture enterprises The reason is because the State does not have supporting policies and mechanisms for this type of enterprise Due to many different reasons, our SMEs are considered weak in market competition, especially for imported goods from other countries SMEs have not actively tried to improve quality, reduce costs, and diversify products, and also in searching for markets and the international economy integration On the other hand, the price is quite high in the market although the quality is still low; exporting products are not able to compete in the world market

socialist-2 Experience in state management at the provincial level to SMEs in the private sector in some countries around the world

2.1 Experience of Tokyo - Japan

In Tokyo - Japan, the SME sector plays an important role and is considered an irreplaceable force at the present and in the future According to statistics by the end of 2012, SMEs in Tokyo accounted for 99% of the total number of businesses, attracting 3.9 million

employees, accounting for 80% of the workforce working for businesses The income of this economic sector accounts for 99.1% of total wholesale income and 99.8% of total retail income.1 Policies to support Japanese SMEs are divided into two main groups The first is the support to strengthen the business capacity of SMEs The second is the support for business restructuring The content of the SME support policies of Tokyo - Japan is presented in the following aspects:

Regarding the legal reform, the new SME documents issued in 2009 support the structural reform to increase the adaptability of SMEs to changes in the socio-economic environment; creating favorable conditions for the process of business restructuring The laws facilitate the establishment of new businesses and support SMEs to innovate in business, strongly encourage the establishment of new businesses, increase of the supply of risk capital, and supports of technology A supporting system is also established to limit the bankruptcy of SMEs

In terms of loan capital support, it can be in the form of regular loans with basic interest rates or special loans with incentives according to policy objectives The support system strengthens the SME management in each region, loans are made according to regional conditions through a fund which is jointly contributed by the central and local governments and deposited in a private financial institution The loan scheme to improve the management of small businesses is applied to businesses without the requirement to have collateral or guarantee; The credit guarantee system accepts to provide guarantees for SMEs to borrow capital from private financial institutions The Credit Guarantee Association has the function of extending additional credits and guaranteeing credit to SMEs The special guarantee system which has been in operation since 1998, has the role as a safety net to alleviate credit disturbances and contribute

to the reduction of SME bankruptcies

In terms of consolidating and developing the funding supply: to SMEs by the following measures: The government provides direct loans, mainly long-term loans with no interest or very low-interest rates to support SMEs to improve technology, modern means of production and business Loans are accepted through government support agencies, public financial institutions related to SME development support such as SME Finance Council, People's Finance Council, Central Bank of Commercial and Industrial Cooperation

In terms of consolidating and developing specialized financial institutions of the private sector to finance SMEs: Collaborating with public financial institutions, the specialized financial institutions increase the financing ability to SMEs As a result, more than 62 financial institutions serving SMEs and more than 517 specialized financial institutions serving in the areas of agriculture, forestry and fishery have been established

In terms of capital support, Japan's capital financial system includes state-owned financial institutions serving policies and credit guaranteeing financial institutions

Regarding the state-owned financial institutions serving policies, experience of Tokyo – Japan shows that there are 3 state-owned financial institutions directly funded and controlled by the State, specializing in serving SMEs, namely the Japan Financial Corporation serving SMEs, National Financial Corporation and Central Bank for Industry and Trade Cooperation of Japan The loans by these three financial institutions to SMEs account for about 10% of total investment capital in Japan Different financial institutions will have different funding priorities

In terms of credit guarantee institutions, initially, localities established credit guarantee associations to guarantee loans of SMEs with non-governmental financial institutions Credit guarantee associations entrust financial institutions or social agencies to verify information of

1 Khánh Linh, key factors for developing small and medium size enterprises from Japanese perspective accessed in

15 November 2021 at trien-doanh-nghiep-vua-va-nho-nhin-tu-nhat-ban

http://namtramy.gov.vn/Default.aspx?tabid=1192&Group=28&NID=3042&bi-quyet-phat-businesses applying for guarantees, and deduct from 0.5%-1% of the value of loans as guarantee fees As a role of last lender, the insurance fund ensures the stable operation of credit guarantee institutions

In terms of economic subsidy policy: To help SMEs satisfy their capital demands and promote their important contributions to the national economy and a number of social areas, Tokyo - Japan has improved their economic subsidy policies, mainly including financial subsidies and preferential lending policies With the financial subsidy policy, the government will directly finance investment in technological innovation to encourage SMEs to apply new technologies Tokyo - Japan provides capital to innovative SMEs for technical research and development With the preferential credit policies, the government grants loans with low-interest rates (lower interest rates than commercial banks) to SMEs through the system of policy-serving banks

2.2 The Experience of Shanghai City – China

In Shanghai, China, SMEs play a strategic role in the city's economic development The number of SMEs accounts for over 99% of the total number of enterprises (in Shanghai there are over 1 million SMEs) This enterprise system contributes over 60% of GDPR, over 60% of export turnover, and creates jobs for more than 80% of workers (OCBC Winghuang, 2015) SME development policies in Shanghai, China are based on respect for objective requirements and economic rules such as: it must be based on a reasonable economic scale to organize production; SMEs need to be invested with modern management techniques and skills, improving product quality and management quality; SMEs need the flexibility to meet the demand of the market, avoid duplication and redundancy In addition, large enterprises still play an important role in the economy, the development of these large enterprises will lead to the growth of SMEs 2

Firstly, about development policy, some points can be drawn as follows:

- A key area of SME development in China is employment expansion and service sector Services are close to the people and directly serve production and daily life, so SMEs have more advantages in the service sector The characteristics of service business in different local areas are not the same The two main areas of service provision including small trade and catering, are closely related to the increase in consumption In addition, the scale and development space of SMEs are significant in different industries such as home services, environmental protection, tourism, printing, and office entertainment According to statistics from Chinese authorities, the family service and public service sectors alone, under a good management, can create 11 million jobs

- Establishing a professional management structure for SMEs Shanghai, China is promoting the establishment of the City Economic and Trade Committee directly under the SME Committee This is the key point to properly solve the relationship between the government and businesses, the Committee is responsible for consulting and supporting SMEs in worker training but must not interfere in business activities such as investment, production and product consumption of SMEs

Secondly, regarding the financial sources for the development of SMEs, it is the central policy for the development of SMEs of Shanghai that is implemented as follows:

Establishing business support funds Facing the difficult situation in accessing capital for SMEs, since 2010 Shanghai City has established a fund of 1.98 billion yuan (RMB) from the national central budget In addition, the city also established a special fund called "green fund"

of 1.6 billion yuan dedicated to SMEs in technological innovation to save energy and cut down carbon emission

2 Phuong Nga (2020), expanding supports for small businesses, accessed 15 November 2021, at

https://bnews.vn/trung-quoc-mo-rong-ho-tro-doanh-nghiep-nho/182125.html

Credit support policy The credit support policy is implemented in the context of enterprises having difficulty accessing capital due to high interest rates Credit supports are made

in the form of: providing credit guarantees, direct loans and interest rate support Since 2010, in the context of inflation rising and the impact of monetary tightening policies, Shanghai has issued

a legal document on credit guarantees for exporting enterprises, which stipulates that SMEs in this sector will have access to short-term loans at commercial banks at interest rates set by the central bank Recently in 2011, Shanghai city approved an interest rate support program for SMEs with a supporting rate of about 2%, thereby reducing pressure on borrowing costs for SMEs in production and business activities In addition, the City also implemented a policy of lending directly from the City’s budget to SMEs facing difficulties in the context of implementing

a tightening monetary policy

Tax policy, in order to support enterprises in the export sector, from November 2010 until now, Shanghai city has been implementing VAT refund for exporting enterprises

Development of the corporate bond market In order to solve capital difficulties for businesses, Shanghai has stepped up a series of reforms related to the completion and development of the corporate bond market, allowing SMEs to access capital sources in the bond market such as allowing SMEs to establish links with a bank or a high-credited enterprise to guarantee the bond issue, also known as credit linked note (consolidated bond), this policy helps SMEs to access the capital market

2.3 Experience of Seul – Korea

In Seoul - Korea, the financial support system for SMEs includes the credit guarantee system directly under the Central Bank, other financial structures under the government, and tax policies These are powerful tools that the government uses to support SMEs

In terms of credit guarantees, Seul's credit guarantee system has been legislated since 1961 with the purposes of mitigating financial difficulties for SMEs So far, the financial supporting system for SMEs has been divided into three main channels: Seul Credit Guarantee Fund - Korea, Seul Technology Credit Guarantee Fund - Korea and Local Credit Guarantee Fund The Seul-Korea Credit Guarantee Fund was established by the Government in 1976 with 50% of the government's capital, 30% of the capital of the commercial banks and 20% of the other financial institutions So far, the government's capital share accounts for only 20% In addition to credit guarantees, this fund also provides consulting and training services on management for human resources of the SMEs guaranteed by the fund In 1989, Seul - Korea established a technology credit guarantee fund to implement the Law on Financial Support for New Technology Enterprises, specializing in providing credit guarantee services for enterprises, giving special priority to SMEs with good prospects, applying clean technology but not having enough collateral

In addition, implementation of tax refund policy for SMEs This policy has been implemented since 1980, which focuses on enterprises investing, researching and developing new products, including: refunding 15% of investment costs for research, development and training of human resource; VAT and registration tax exemption for houses and land for research and development purposes In addition, a remarkable point in the experience of Seul - South Korea is that the corporate income tax rate for SMEs ranges from 10-22% depending on the level

of income of the business

3 Lesson for Vietnam governance at the provincial level on SMEs and private economic sector

Vietnam can learn from the experiences that are appropriate to it’s specific conditions and the characteristics of Vietnamese SMEs, specifically as follows:

Firstly, in order to improve the effectiveness of the supporting policies, the State needs to

direct and coordinate the state agencies in developing support policies as well as legislate these policies in accordance with characteristics of each period and the economy Developing a system

of SMEs is a central goal of the economy to promote all resources for development On that ground, the SME system needs to be developed and grown in both number and quality However, facing economic fluctuations and the fierce competition, Only the effort of the enterprises themselves is not enough but still need the active support from the State to overcome limitations, creating favorable conditions and transparently to encourage the development of SMEs We all hope that the experience with supporting policies will be used successfully in case of Vietnam thus help the SMEs having stable steps of development

Secondly, properly understand the important role and position of SMEs in economic development the Reality shows that, in the process of economic development, because this type

of enterprise plays a very important role in promoting economic growth, creating employment opportunities for others

Capturing the demands and psychology of customers or customer groups in each type and business and business area is also a solution that SMEs can create positive results in their business In addition, enterprises need to have a development strategy through specific plans, strategies, visions and operational missions Another solution that can be applied to SMEs is to build a development vision of their business by clearly defining issues relating to the economy, customers, competition, future orientation, prospects of enterprises, high specialization in contact with customers, prestige, brand and core values that each enterprise provides to the market and society

Thirdly, to establish specialized organizations to support SMEs in different areas These specialized organizations support SMEs to overcome difficulties in finance, technology, human resource, market, product quality in the direction of encouraging the development of SMEs The policies to encourage and support SMEs are implemented consistently, flexibly, effectively and throughout the development process of this business system, from starting a business, overcoming difficulties, growing and becoming a global enterprise Among those policies, financial assistance is of particular interest to countries The financial policies of supporting SMEs make it more convenient for them to access financial sources such as: bank credit, preferential capital sources Regarding financial support, from the experience of other countries, the State needs to establish a bank, financial institutions specializing in providing services to SMEs in a flexible and consistent way thus create favorable conditions for SMEs to develop Fourthly, in the context of opening up and deep international integration, Vietnam has signed a series of new generation FTAs, in order to improve the competitive capacity, SMEs need to know how to make the most of their capital potential, human resources, market, culture, business experience of enterprises This is the important self-advocacy of each SME in the plan

to implement its strategies and business goals together with other competitors in the market Understanding competitors and harmonizing interests with competitors in business will create stable development opportunities for SMEs That means, SMEs need to know how to keep a good relationship with large enterprises in the context of fiercely competitive market In particular, SMEs need to make operations and financial statements transparent, improve the quality of corporate governance, and risk management

Alan Coetzer (2006), “Research on managers in small and medium enterprises”; p56 - 58

Dinh Van An (2004), “experience in developing small and medium size enterprises in other countries and in Vietnam”; Statistical Publishing House; p 91-93

Government (2016), Resolution No 35/NQ-CP dated 16 May 2016 of the Government on supporting enterprises;

Vietnam Economic Forum (2020), annual report 2020;

Horne, M., Lloyd, P., Pay, J & Roe, P., 1992 Understanding the competitive process: a guide

to effective intervention in the small firms sector European Journal of Operations Research, 56 (1), p54-66

Ngo Van Vu (2020), developing SMEs in Vietnam in the context of implementing new

generation FTA, Ministerial Researching Project

Ngo Van Vu and Dong Thi Thuy Linh (2018), Innovation of credit support for small and medium sized Enterprises: International experience and recommendations for Vietnam,

Vietnam Social Science Review

Central Institute for Economic Management (2018), changing the method of credit support for small and medium size enterprises: international experience and proposals for Vietnam, Hanoi

AUTHOR INFORMATION

Bùi Kim Hiếu

Dean of the Department of Law

Ho Chi Minh City University of foreign languages and Information Technology

Building a legal framework for green tourism development in Vietnam

Phạm Thị Tuyết Giang

Abstract

Green tourism development is an essential driving force contributing to the sustainable development of Vietnam's tourism industry To operate and develop green tourism effectively, Vietnam needs to create and implement synchronously many different solutions, in which policy and legal solutions are considered essential factors Within the scope of the article, the author gives an overview of the current situation of green tourism in Vietnam, thereby proposing some solutions and recommendations to build an appropriate legal framework to serve the sustainable development of green tourism in the country

Keywords: Green tourism, sustainable tourism, legal framework

1 Overview of green tourism

1.1 Green tourism concept

The growing society, the international community's interest in environmental sustainability has been causing the authorities to face challenges in integrating environmental issues into economic development strategies-society In addition, resources are gradually depleted, biodiversity is reduced, ecological pollution continues to increase, climate change is becoming more and more apparent New development model to simultaneously solve the above problems Most studies agree that the green economy development trend focuses on three main pillars: industry, agriculture, and services Consumers are also gradually becoming interested in an environmentally friendly lifestyle, as they are responsible for the environment and expect personal benefits from green products In Vietnam, up to 80% of consumers are willing to pay more for products from brands that positively impact society and the environment (while the average in Southeast Asia is only 76%) (Bich Ngoc 2020) Therefore, many businesses have taken advantage of the green trend to provide various environmentally and socially responsible products and services such as green food, green energy, green packaging, green tourism, green architecture, green agriculture, green bonds, green credit, etc

In the field of tourism, since the 1970s, green tourism has appeared and gradually been mentioned more in Europe since 1980 According to Martin Oppermann, green tourism is "an alternative form of tourism often associated with rural tourism, which is a form of nature tourism that is environmentally friendly and produces almost no ecological impacts at the tourist destination" (Jafar Jafari & Honggen Xiao 2002, p.109-110) With this approach, green tourism

is used as an alternative to ecotourism, nature tourism, and rural tourism in general Alternatively, according to the Korean Ministry of Agriculture, green tourism is "a stay-at-home leisure activity

to enjoy the nature and culture of a destination and interact with local residents in scenic rural and mountainous areas, abundant nature" (Nguyen Thi Thu Huong 2021) Along with the above points of view, many businesses have expanded the reach of green tourism as "any tourism activity in an environmentally friendly manner is considered green tourism" (Chien Thang 2019) The Taiwan Green Tourism Association also emphasizes that: green tourism is "tourism activities aimed at minimizing environmental impact, minimizing energy use and carbon emissions, and enjoying the integrity of the world, on ecology - humanity-culture" (Nguyen Thi Thu Huong 2021) Sharing the same view, the International Ecotourism Society (TIES) assesses green tourism/ecotourism as "responsible travel to natural areas, conserving the environment; sustain the lives of local people and relate to education" (Stephanie Thullen 2006, 28-29)

In Vietnam, according to Associate Professor Dr Nguyen Van Dinh, green tourism is "a type of tourism based on nature and culture, with environmental education, contributing to conservation efforts and sustainable development, with the active participation of the local community" (Nguyen Van Dinh 2021, 41) The Vietnam Institute for Tourism Development

Research has generalized the definition of green tourism as "tourism based on rational and effective exploitation of natural resources, development associated with environmental protection, conservation biodiversity, reducing greenhouse gas emissions and adapting to climate change." In general, the approaches to green tourism development are relatively similar; it has become a common trend to develop responsible tourism and ensure sustainable tourism Most developing countries consider green tourism development as an effective solution to simultaneously address the requirements of economic development with environmental protection and sustainable ecosystems

1.2 Principles and benefits of green tourism development

According to TIES, when building and developing green tourism, it must be associated with the following principles: (i) Reasonable use of natural resources for tourism development needs; (ii) Limiting impacts from tourism activities on the natural environment and (iii) Prioritizing the development of responsible tourism types/products with the natural environment with a focus on ecotourism (Pham Trung Luong 2015)

The author's Doods and Joppe say that green tourism is divided into the following four components: (i) Responsibility for the environment-protecting, conserving, and enhancing the role of nature and the physical environment to ensure the long-term sustainability of the ecosystem; (ii) Long-term viability of the local economy supporting local economies, businesses, and communities to ensure economic growth and sustainability; (iii) Biodiversity-respecting diverse cultures and expressions to ensure local cultures continue to thrive; (iv) Diversity of experiences-delivering enriching and satisfying experiences through active, individual and meaningful participation, and engagement with nature, people, places and cultures (Hang Nga 2019) Moreover, the core to green tourism is green tourism products To be considered a green tourism product, it is necessary to meet the following criteria simultaneously: (i) Created from environmentally friendly materials; (ii) Providing safe solutions for the environment and health; (iii) reduce the impact on the environment during use; (iv) Creating a friendly and safe environment for health (Nguyen Van Dinh 2020) Therefore, the level of "green" of a tourism product will depend heavily on environmental friendliness to form a tourism product Thus, green tourism products are understood as products with a high content of elements, especially environmentally friendly services, developed by the principles of environmental protection: environmental protection and sustainable development

Thereby further affirming that green tourism plays a vital role in nature conservation, biodiversity protection, and community culture In addition, developing green tourism has been contributing positively to socio-economic development Green tourism creates opportunities to increase jobs and incomes for local communities, especially people in remote and isolated areas with natural reserves and attractive landscapes On the other hand, green tourism also improves people's knowledge and community health through environmental education, cultural and historical activities, and recreation According to a survey of TripAdvisor Organisation, more than 34% of travellers are willing to pay extra to stay in eco-friendly hotels, 50% of travellers are willing to pay more for companies that benefit the local community and conservation activities (Hang Nga 2021) Therefore, in many countries worldwide and the region, green tourism development is considered an essential foundation to ensure prosperity and sustainable development for the tourism industry

2 Current status of green tourism in Vietnam

2.1 About green tourism development

Vietnam is a country with three-quarters of its territory consisting of mountainous terrain and plateaus, more than 3.200km of coastline, thousands of large and small islands, many beautiful landscapes, along with a rich and diverse culture and humanity imbued with national identity These are favourable conditions for the development of green tourism in our country

According to the 2011 State of Biodiversity Report of the Ministry of Natural Resources and Environment, Vietnam is one of the countries with high biodiversity globally, with many types of natural ecosystems and species of living organisms rich and unique In terms of plants, about 20.000 species belong to 305 families In addition, many ancient and rare species such as Tue developed from the Great Mesozoic, more than 1.657 species of medicinal plants with economic value, etc Furthermore, about 10.500 species of animals on the earth, shallow; about 2.000 species of invertebrates and freshwater fish; Under the sea, there are over 11.000 species

of creatures (Ministry of Natural Resources and Environment 2013, pp.21-23) Along with natural plant and animal species, Vietnam is also a centre of artificial plants with more than 200 species of crops Moreover, it is home to many ancient forests on the conservation list, such as Cuc Phuong National Forest, Ba Vi National Forest, with famous caves such as Son Doong, Phong Nha - Ke Bang cave (Tran Van Hung 2012)

Besides the natural conditions, the human potential for green tourism development in Vietnam is diverse and rich Vietnam has a diverse culture and identity of 54 ethnic groups, including many precious resources Regarding relics, there are more than 4.000 national-ranked relics and more than 9.000 provincial-level relics, typically: Complex of Hue Monuments, Hoi

An Ancient Town, Temples and Towers of the Holy Land My Son, Thang Long Imperial Citadel,

Ho Dynasty Citadel, Ha Long Bay, Phong Nha - Ke Bang National Park, Trang An - Ninh Binh Scenic Landscape Complex has been recognized by UNESCO as a world cultural material heritage world (Hoang Trang 2021) In addition to historical, cultural, and revolutionary relics, many traditional crafts with unique skills, festivals associated with particular cultural and folk art activities of the community of 54 ethnic groups, combined with the individual and delicate features of the culinary art typical of 3 regions

Green tourism is a relatively new type of tourism in our country, but before the needs of the market and the ability to meet the potentials of green tourism development in Vietnam In recent years, green tourism activities have gradually formed in several places in the form of potential exploitation of different natural tourism resources, such as sightseeing tourism, research

in some national parks (Cat Ba, Cuc Phuong, Ba Be, Nam Cat Tien, Tam Nong, U Minh); adventure tourism, research in the high mountains of Fansipan; tourism to visit gardens and rivers

in the Mekong Delta; scuba diving tourism (Ha Long - Cat Ba, Nha Trang), caving tourism (Phong Nha) Besides, many tour operators and hotels gradually pay more attention to this type

of tourism this calendar through building green tours, hotels with green certificates (Thu Huong 2019) These companies focus on and associate with the theme of "green tourism," integrating messages of cooperation and cooperation between businesses and tourists, contributing to environmental protection tourism for sustainable development, preserving resources for the future At the same time, capturing the trend of tourists preferring tours on ecotourism, immersing themselves in nature and rural life, the type of homestay tourism in some localities in the Northwest has been focused on development

On the other hand, businesses in Vietnam's tourism industry are also quick to apply new initiatives in line with green tourism trends, such as building green accommodation products through strengths, design, and planning while preserving preserve and focusing on keeping natural values At the same time, tourism businesses have actively applied measures to transform towards green development with models of saving electricity and water, registering for certification of Green Lotus label for accommodation and construction facilities, building responsible tours such as cave exploration in Phong Nha - Ke Bang (Quang Binh), garbage collection tour in Hoi An (Quang Nam) In addition, it must be mentioned that the Vietnam International Tourism Fair in 2019 with the theme "Green tourism" and green growth goals, reflected in the booth's design with environmentally friendly materials

Although there is much potential for development, green tourism in Vietnam is considered

in the early stages and faces many difficulties in development This type of tourism is still new from the point of view of approach, in the management and exploitation of resources for tourism

purposes and from the regulatory perspective Through reports on statistics in the tourism industry, it is found that the tourist market of green tourism in Vietnam is still limited, the majority of international tourists to national parks and nature reserves are in other countries Western Europe, North America, and Australia; For domestic visitors, they are mainly students, students, and researchers Among international tourists coming to Vietnam every year, only about 5-8% participate in natural eco-tours About 40-45% participate in sightseeing tours - humane ecology; this ratio is very modest (Tran Van Hung 2012) This shows that the process of operating green tourism in our country still has some problems, making this activity undeveloped, namely: Firstly, tourism development has not been associated with efficient exploitation and use of resources, with low resource utilization efficiency The tourism consumer market is increasing This industry's substantial consumption has attracted all regions to make the most of local natural resources to develop the tourism industry, primarily making money Therefore, it is easy to waste resources, cause environmental pollution, inappropriate planning during the construction of tourist attractions/sites Not only that, many places have destroyed natural resources, disrupting the meaning of green tourism For example, the development of several new tourist resorts in Cat

Ba, Tuan Chau, Ha Long islands, etc., has led to many unique landscapes and sensitive ecosystems in coastal areas, islands and protected areas, natural reserves, national parks are changed or degraded Some rare and precious wildlife species, such as corals, tortoiseshells, etc., are hunted to serve culinary needs, as souvenirs, trade-in specimens, etc., threatening biodiversity The life cycle (migration, foraging, mating, and breeding season) of wild animals

in nature reserves and national parks is also gradually affected On the other hand, the unique and sensitive traditional cultural values of the ethnic minority communities in Sa Pa, Ban Don, etc., are easily changed due to the trend of integration and marketization or absorption lack of selection of new cultural features in regular contact with tourists In addition, conflicts of economic interests between economic actors and industries, technological limitations lead to some tourism resources being destroyed, misused, etc., reducing economic efficiency results that green tourism brings, degrades the environment, adversely affects the image and sustainable development of Vietnam's tourism industry

Secondly, tourism development has not been closely linked with environmental protection, not to mention climate change Tourism is an integrated, interdisciplinary, inter-regional, and complex economic sector Tourism activities are always associated with the movement of people

to satisfy the needs of sightseeing, entertainment, relaxation These activities emit large amounts

of carbon With the means of transport serving tourism needs, the machinery and equipment arranged inside the attractions/attractions have created many carbon emissions, polluting the ecological environment right in the places this According to a report by the World Tourism Organization (UNWTO), the transport-related carbon emissions of the tourism industry accounted for 22% of total emissions in 2016 The trend will continue to increase until 2030, in which Vietnam ranks 27th in the world in terms of emissions In particular, international travel with long-haul flights contributes about 25% of the tourism industry's total carbon emissions According to the International Air Transport Association (IATA), the total number of airline passengers is expected to double by 2036 to 7,8 billion passengers per year (Nguyen Thi Thu Huong 2021) Since then, it shows that carbon emissions in the tourism industry are increasing Therefore, carbon emissions in the tourism industry are a big challenge and obstacle in the sustainable development of the tourism industry, especially in green tourism development

In addition, the "spontaneously" development has caused many negative impacts on the tourism environment Many accommodation establishments and tourist services are built on islands without planning, increasing the risk of coastal erosion and marine and island ecosystems degradation At many tourist sites/resorts, solid waste, untreated wastewater from accommodation facilities, and tourism services have been discharged directly into the environment traffic congestion, noise pollution, changes in the natural landscape, and changes in the ecological balance for the living environment of organisms In addition, for local economic

benefits and to reduce costs and increase profits, many tourism units have "copy" tourism products of other teams, bypassing the survey process, building tour programs, assessing supply-demand, environmental protection issues, and long-term and sustainable development This is a fairly common situation in Vietnam in product development tourism (Nguyen Van Dinh 2020) Third, the propaganda is not practical; the awareness of the green consumption of tourists/tourists is still limited Although at present, tourist spots/resorts, tourism business establishments, Vietnam Tourism Association have several action programs "Tourism join hands

to protect the environment, limit plastic waste" such as: develop local green tourism products to protect the environment; minimize the use of plastic bags, single-use plastic items; organize frequent deployments to clean up, collect garbage and plastic waste at tourist sites/spots However, in general, the propagation and provision of information on issues related to green tourism to tourism participants have not brought about extensive effectiveness The organization

is not synchronized; there is no coordination, close cooperation from stakeholders In tourism services, the number of visitors and the consumption behaviour of tourists impact the entire tourism process Therefore, the consciousness and behaviour of tourists play a decisive role in the sustainable development of the environment However, because the concept of green consumption and green tourism is still relatively new, the persuasiveness is not high, so some tourists are still not aware of the negative impact of their tourism behaviour on the environment

It is not helpful that business owners at tourist sites/areas still do not understand/do not know the principles and requirements in exploiting green tourism This is one of the reasons leading to the limited awareness of green consumption of these entities Therefore, they still have aggressive and reckless behaviours, which seriously affect the development of green tourism (Nguyen Thi Thu Huong 2021)

2.2 About the governing policy and legal framework

Recognizing the role of green tourism in the development of the tourism industry in particular and protecting natural resources, protecting the environment, ensuring the sustainable socio-economic development of the country, the Party and Government The Government has soon issued many guidelines and policies to create a favourable environment for the development

of green tourism in our country On January 16, 2017, Politburo issued Resolution No NQ/TW on developing tourism into a spearhead economic sector, followed by Decision No 2473/QD-TTg dated December 30, 2011, approving the Strategy for Vietnam's tourism development to 2020, with a vision to 2030 The content of the Strategy emphasizes: "want to sustainable tourism development must be closely associated with the preservation and promotion

08-of national cultural values; preserve the landscape, protect the environment When planning, investing in developing tourism products should be based on outstanding and attractive strengths

of tourism resources; focusing on prioritizing the development of sea and island tourism products, cultural tourism and ecotourism, etc." (Prime Minister 2011) In January 2020, the Prime Minister continued to issue Decision No 147/QD-TTg approving Vietnam's tourism development strategy until 2030 This Strategy affirms the development of ecotourism and agri-tourism Rural agriculture based on the advantages of resources of each region and each locality

is a sustainable direction to develop green tourism in Vietnam The goal of the Strategy is to strive that by 2025, Vietnam will be among the top three countries in tourism development in Southeast Asia, with an average growth rate of 13-14% per year, welcoming at least 35 million international tourists and 120 million domestic tourists with a total income of 77-80 billion USD

By 2030, Vietnam's total tourist revenue will double 2025 (Prime Minister 2020)

These documents are an essential political and legal basis for promoting the development

of Vietnam's tourism industry in general, including green tourism In addition to the consensus from the guidelines and policies at the central level, the local authorities have developed projects and issued decisions to develop green tourism suitable for their localities In addition, many specific action programs have also been drawn up to realize these undertakings and policies: "The International Conference on Building a Strategic Framework for Developing Vietnam's

Ecotourism Activities" The Vietnam National Administration of Tourism in collaboration with the World Conservation Union (IUCN) and the Economic and Social Committees for Asia and the Pacific (ESCAP) held in September 1999; Action program "Tourism joins hands to protect the environment, limit plastic waste"

However, according to experts, in terms of State management, the barrier to green tourism development in Vietnam is the lack of mechanisms, policies, and specific guidelines to develop this type of tourism this calendar The Prime Minister has approved the National Strategy on Green Growth since 2012, but synchronous mechanisms and policies to promote green tourism development and specific regulations and guidelines have not been authorized yet promulgate This, leading to the development of tourism in many localities, is still spontaneous, does not comply with the requirements and principles of green and sustainable development Specifically, the limitations in the legal framework governing green tourism in Vietnam are shown as follows: Firstly, when studying the regulatory legal system in the field of tourism in Vietnam, it was found that there is no separate official regulation regulating green tourism In recent years, the operation and development of green tourism have been carried out based on the general provisions of the Law on Tourism and other specialized legal clauses such as the Law on Biodiversity, the Law on Forestry, Law on Planning, Law on Environmental Protection, Law on Investment, etc to realize In Vietnam, although it has not yet appeared and officially existed in the State management by law, in the legal documents regulating green tourism, green tourism is gradually developing and growing is a sustainable trend of the tourism industry in general The provisions of these laws are still available, mainly stating the principles of ensuring sustainable development in terms of exploitation and use of natural resources and environmental protection quality and requirements of green tourism

Second, the situation of real estate investment, especially "agricultural real estate" near green tourist sites/spots, has increased rapidly, putting pressure on ecological environment requirements Many investors take advantage of building resorts, homestays, farm stays, motels, hotels, etc., to serve the needs of tourists This gives rise to many problems in planning such as breaking the ecology in green tourism, environmental protection issues, etc because there are limitations and overlaps between relevant regulations such as use and planning of agricultural - forestry land for tourism "farm stay in the Land Law, regulations on agricultural real estate transactions, Planning Law, Housing Law, Environmental Protection Law, etc In particular, the current status of agricultural real estate investment through the "farm stay" model poses many risks for the parties involved because there is no official regulatory framework This negatively affects the investment and business environment and the agricultural and forestry land fund (Doan Hong Nhung 2019) According to the Ministry of Natural Resources and Environment announcement, by the end of 2020, there are seven provinces and cities that have discovered the farm stay model with 68 models (including 26 self-produced and business models, 42 farm stay models form with construction of investment projects, with an area of 412,61 ha); 4/7 provinces have violations with 21 farm stay models, with an area of 132,90 ha, violating the land law The main form of a breach is illegal to change purpose, implementation of projects when they have not been assigned, leased, illegal construction of houses, and works on agricultural and forestry land designated for management and production (Nguyen Van Tri 2020)

Third, the legal documents regulating the tourism industry have not been developed or issued with adequate guidelines on criteria; regulating the quantification of green indicators in green tourism; regulations, environmental impact assessment, and control systems; managing ecological issues related to tourism activities, especially green tourism This leads to confusion when implementing and applying regulations on green tourism for business owners and managers

Fourthly, the regulations on handling violations for acts causing environmental damage in tourism are not adequate and strict compared with the nature and consequences of the actions,

especially for travel businesses, restaurants, and hotels Currently, this issue is waiting for the promulgation of a Decree guiding the Law on Environmental Protection in 20andandrelevant laws

Fifth, there has not been a comprehensive and systematic assessment study of Vietnam's tourism environment to serve as a basis for proposing plans and solutions for rational exploitation

of natural resources, ensuring a backdrop for the development of sustainable green tourism Sixth, lack of supervision, management, and coordination among functional agencies In the face of the situation of exploitation and use of natural resources for tourism activities

"massively" without planning/correctly implementing the planning; The tourism business process has not met/has not strictly complied with the requirements of the management agency, which has led severe consequences for the environment is his existence is partly due to the lack

of strict and comprehensive supervision/monitoring from the authorities This monitoring work has not been carried out, and there has not been synchronous coordination among relevant agencies Since they are, they are leading to the fact that tourism business entities have not focused on strictly complying with standards and environmental protection requirements

3 Proposing recommendations for building and completing the legal framework for green tourism development

Firstly, the Government needs to be proactive and strengthen the direction of reviewing, amending, supplementing, and perfecting institutions, policies, and regulations related to green tourism Whereby:

- Carefully research when developing and planning the use of natural resources, biodiversity conservation, environmental protection, and community cultural value preservation when developing green tourism

- Issue appropriate preferential policies on land, tax, and credit to mobilize investment resources in tourist clusters and green tourism development driving force areas The initial investment cost to develop green solutions is quite significant This is an obstacle for many businesses, tiny and medium enterprises, and green tourism business households In addition, there should be specific policies to encourage tourism service establishments to use clean energy, renewable energy, recycled and reused products, and apply clean technology to limit environmental pollution and reduce greenhouse gas emissions

- There should be coordination between the Ministry of Natural Resources and Environment and the ministries and branches such as Ministry of Culture, Sports and Tourism, Ministry of Agriculture and Rural Development, Ministry of Planning and Investment, Ministry

of Construction, organize practical research on farm stay model in localities and amend, supplement and complete relevant legal policies, create a legal framework for this type of economy to develop by regulations the law but still ensure the requirements of green tourism

- For land law policy, it is necessary to continue studying land classification; master plans and plans on mixed land use on agricultural-forestry land; conditions for separating agricultural land by type of farm stay; issue a certificate of land use right of the kind of farm stay Supplement regulations governing agricultural real estate in the Law on Real Estate Business, Law Land, Law Housing, and related documents At the same time, it strengthens the inspection, examination, and detection of acts of encroachment, occupation, and destruction of land; it violates the announced master plans or plans on land use; improper use of land

Secondly, it is necessary to study and evaluate comprehensively and systematically the tourism environment in Vietnam to serve as a basis for making plans and solutions for rational exploitation of natural resources, ensuring a backdrop for the development of sustainable green tourism First, it should be assigned to agencies in charge of State management of the environment and the tourism industry to implement In addition, it should be proactive and

strengthen support, promoting public-private partnerships and governance models that integrate public and private sectors, entrepreneurs, and scientists to coordinate research

Third, the State needs to issue documents to regulate green tourism directly because this is

a specific type of tourism directly related to and affects many fields such as local/regional ecosystems, environment, indigenous resources, etc Can do this in the original direction decree

on adjustment of the green tourism model At the same time, when developing and promulgating regulations related to tourism development in general, green tourism needs to be quantified, such

as annual carbon emissions, national standards, and restrictions on green tourism In addition, it

is necessary to have specific green assessment indicators to rationally develop natural resources, considering both profits and environmental protection goals, green consumption needs, and the behaviour of tourists to limit excessive consumption or other unreasonable behaviours For green tourism service business entities, it is necessary to have specific and interdisciplinary environmental protection assessment indicators such as transportation services, catering, accommodation, etc This is the basis for recognition-green tourism products such as green tours, green hotels, green restaurants, etc

Fourth, improve the effectiveness and efficiency of state management of tourism in general, especially green tourism Management and supervision should be carried out throughout tourism business activities such as: from the exploitation of natural resources; carry out a quantitative environmental impact assessment; organizing and operating tourism activities, standards on waste treatment, wastewater from tourism, control of service quality up to green standards, etc., significantly improving the efficiency of inspection activities, promptly handle violations that occur to contribute to sustainable environmental protection when developing the tourism industry in general On the other hand, it is necessary to arrange a specialized department

to solve and overcome ecological pollution quickly and comprehensively At the same time, they are renewing inter-sectoral and inter-regional coordination in tourism, improving the operational efficiency of the State Steering Committee on Tourism and the Provincial Steering Committee for Tourism Development to meet the requirements of joint development sustainable tourism development

Fifth, educate and raise awareness about green tourism, strengthen cooperation and communication between localities The inspection and supervision from authorities in the tourism industry, in general, may still have certain limitations Therefore, in the long run, the awareness of stakeholders involved in the exploitation and use of resources associated with the responsibility to protect the environment and adapt to climate change is raised The operation of legal regulations will be improved green tourism regulation will be more effective Therefore, it

is necessary to arouse a widespread response about the benefits of green tourism To accomplish this, it is possible to broadcast short, exciting and lively videos at tourist sites/spots, on means of transport of tourists such as trains, planes, in tourism business localities consequences of environmental pollution or benefits of green tourism development

Sixth, it is necessary to develop human resources with expertise in green tourism to access and learn from the experience of developing green tourism of countries around the world when operating and developing this type of tourism in Vietnam Accordingly, management of the tourism industry should prioritize resources for planning, human resource training, market research, promotion and development of green tourism products Besides, promoting socialization, encouraging enterprises to participate in human resource training for green tourism, focusing on training vocational skills and soft skills for the workforce directly serving tourism, especially the team of tour guides and tour guides at green tourist spots/areas On the other hand,

it is necessary to organize training and foster knowledge and skills for the community to participate in the tourism business in general in the locality

Finally, apply science and technology in operation to develop green tourism Accordingly,

it is necessary to accelerate the digital transformation in the tourism industry in general We can

do this by developing intelligent tourism, combining management of tourists and tourism activities, tourism resources, pollution control, monitoring and warning based on modern science and technology and digital technology platform At the same time, develop an intelligent tourism ecosystem; apply digital technology to connect to support and increase the experience for tourists; especially using digital technology, green and clean technology in tourism business; applying information technology to perfect the tourism statistics system; building a database system of the tourism industry, connecting with the national database system

4 Conclusion

In recent years, with the attention of the Party and State, the tourism industry has made a vital development step, making an essential contribution to socio-economic development Many new types of tourism have been formed, attracting domestic and foreign tourists, in which green tourism is a model that is evaluated with many opportunities and potential for development To effectively exploit and promote resources and resources for green tourism development in the new era; Continuing to research, learn and propose solutions to build a legal framework is an essential basis for Vietnam to realize the goal of sustainable development of the tourism industry

Thu Huong 2019 "Green tourism- "key" to sustainable development" Accessed on 10/10/2021.http://consosukien.vn/du-lich-xanh-chia-khoa-phat-trien-benvung.htm, Tran Van Hung 2012 "Development of Green Tourism in Vietnam" Accessed on 10/10/2021.https://Giaoducthoidai.vn/Kinh-te-xa-hoi/phat-trien-du-lich-xanh-viet-nam-43277.html,

Jafar Jafari & Honggen Xiao 2002 Encyclopedia of Tourism p.109-110

Pham Trung Luong 2015 "Ecotourism Development in Vietnam in the Context of Climate Change" Presentation in the Workshop "Environment and sustainable development in the context of climate change", November 12, Hanoi

Hang Nga 2021 "Green tourism: The guarantee for sustainable tourism development" Retrieved October 12, 2021 https://vietnamnet.vn/vn/goc-nhin/du-lich-xanh-su-bao-dam-cho-phat-trien-du-lich-ben-vung-724752.html

Doan Hong Nhung 2019 "Building a legal corridor for agricultural real estate business in Vietnam",

OnlineIndustryandTradeMagazine.Accessedon10/10/2021.https://tapchicongthuong.vn/bai-viet/xay-dung-hanh-lang-phap-ly-cho-kinh-doanh-bat-dong-san-nong-nghiep-o-viet-nam-66651.htm

Bich Ngoc 2020 "Forming green consumption trends for sustainable development" 12/10/2021 Retrieved October 12, 2021 http://consosukien.vn/hinh-thanh-xu-huong-tieu-dung-xanh-de-phat-trien-ben-vung.htm

Stephanie Thullen 2006 "Ecotourism is not simply nature tourism" Vietnam Tourism Magazine, No 3, pp.27-37

Chien Thang 2019 "Exchange study on Green Tourism in Vietnam today: Lessons

fromThailandand future prospects".Retrieved10/10/2021

bai-hoc-king-nghiem-cua-thai-lan-va-trien-vong-in-the-future/

http://itdr.org.vn/nghien_cuu/nghien-cuu-trao-doi-ve-du-lich-xanh-tai-viet-nam-hien-nay-Prime Minister 2011 Decision No 2473/QD-TTg is approving Vietnam tourism development strategy to 2020, vision to 2030

Prime Minister 2020 Decision No 147/QD-TTg is approving Vietnam's tourism development strategy to 2030

Hoang Trang 2021 "Improve the efficiency of management, conservation and promotion of the value of monuments in Vietnam today" Retrieved October 12, 2021 https://www.quanlynhanuoc.vn/2021/04/29/nang-cao-hieu-qua-cong-tac-quan-ly-bao-ton-va-phat-huy-gia-tri-di-tich- o-viet-nam-hien-nay/

Nguyen Van Tri 2020 "The farm stay model has many legal "gaps" Retrieved October 12, 2021.https://baotainguyenmoitruong.vn/mo-hinh-farmstay-con-nhieu-khoang-trong-phap-ly-317013.html

AUTHOR INFORMATION

- Full name: Pham Thi Tuyet Giang

- Study title, degree: MSc, Dong Thap University

- Working agency: Dong Thap University

- Position: Lecturer

- Phone: 0939620555

- Email: tuyetgiang.luatk34@gmail.com

Vietnam law on compulsory insurance for civil liability of motor vehicle owners

and experiences from different countries

Keyword: Compulsory insurance for civil liability of motor vehicle owners, insurance

1 Experiences of some countries on civil liability insurance of motor vehicle owners

Traffic accidents are always threats and cause serious damage to personnalite and property Therein many cases of vehicle owners escaping from causing accidents lead to difficulties in compensation settlement, the benefits of the victims are not guaranteed that causing negative influences on public opinion

So, civil liability insurance for motor vehicle owners was born and applied in many countries to minimize damage caused by motor vehicles This is a humane social management tool of civilized countries Therefore, this type of insurance is mandatory in almost all countries that allow the use of motor vehicles in the world

In Japan, to ensure the rights of victims in traffic accidents caused by motor vehicles, the Law on Guarantee of Motor Vehicle Owners Liability, enacted in 1955 and took effect in February 1956, provided that all car owners are responsible for accidents causing death or injury

to a third party This Law also states that car users must buy compulsory civil liability insurance

to ensure compensation in the event of an accident As a result, motor vehicle insurance has made

a significant contribution to compensation and loss sharing with third parties, which is seen as

"taking from many people and sharing with a few people at risk" According to that motto, motor vehicle insurance in Japan or other countries not only is increasingly developing but it is also showing social progress

In the UK, in accordance with regulations on compulsory civil liability insurance, when

an accident occurs, the motor vehicle owner is paid on behalf of the entire cost of loss of personnalite and property caused to a third party by the insurance company

The insurance company has the right to receive back from the vehicle owner the expenses paid if the cause of the accident falls into the excluded cases The insurance company will assess the insurance risk, consider the buyer's ability and the cost to pay if indemnified In addition, they will also consider the vehicle owner's riding history as well as the vehicle's size, capacity, age, where the owner lives and other factors

Another country that has effectively implemented this type of insurance is Thailand This country stipulates a minimum level of insurance for motor vehicles as compulsory liability insurance for the third party The law does not require motor vehicle owners to buy insurance to cover any damage to the vehicle

However, vehicle owners need to consider buying comprehensive insurance, which covers any damage or breakdown caused by the owner if he or she buys a new vehicle Damage payments are also included when the accident is caused by another party without insurance or financial conditions to compensate In case the person causing the accident escapes, the insurance condition will automatically affect 2000 baht to the victim when they claim

2 Regulations Law of Vietnam on civil liability insurance of motor vehicle owners

Compulsory civil liability insurance of motor vehicle owners is a social security policy of the State to protect victims in traffic accidents caused by motor vehicles as well as provide financial protection for vehicle owners against unexpected risks On September 16, 2008, the Government issued Decree No.103/2008/ND-CP which was amended and supplemented in 2013,

on compulsory insurance for civil liability of motor vehicle owners Over ten years of implementation, there are a great deal of cases that have been supported by compulsory insurance

of civil liability of motor vehicle owners This policy is considered as one of the effective solutions to support motor vehicle owners and accident victims to overcome damage, stabilize their lives in the event of traffic accidents, and contribute to ensuring social security

In order for the policy to be suitable with the current socioeconomic and contribute to the improvement of the legal system in general, the regulation on compulsory insurance for civil liability of motor vehicle owners in particular, in January 15, 2021, the Government issued Decree No.03/2021/ND-CP on compulsory civil liability insurance of motor vehicle owners, which replaces Decree No.103/2008/ND-CP and Decree No.214/2013/ND-CP This Decree takes effect from March 1, 2021

In which, motor vehicles include:

- Motorized road vehicles, including cars; tractor; trailers or semi-trailers towed by cars or tractors; two-wheeled motorcycles; three-wheeled motorcycles; motorcycles (including electric scooters) and vehicles of similar structure in accordance with the Law on Road Traffic

- Special-use vehicles, including construction motorbikes, agricultural and forestry motorcycles and other special vehicles used for defense and security purposes in accordance with the Law on Road Traffic

2.1 Scope of indemnification and validity of insurance

According to Article 5 of Decree No.03/2021/ND-CP, the insurance scope includes: of-contract damage to health, life and property to a third party caused by motor vehicles; damage

Out-to health and life of passengers caused by moOut-tor vehicles

The term of insurance is stated on the Certificate of Insurance, specifically:

- For two-wheeled, three-wheeled motorcycles, mopeds (including electric scooters) and other vehicles with similar structure as prescribed by the Law on Road Traffic, the minimum insurance period is one year and up to three years

For the remaining motor vehicles, the minimum insurance term is one year, and the maximum term corresponds to the period of periodic technical safety and environmental protection inspection with a term of more than one year

- In the following cases, the term of insurance is less than one year: Foreign motor vehicles temporarily imported for re-export have a term of less than one year for participating in traffic in the territory of the Socialist Republic of Vietnam; the shelf life of motor vehicles is less than one year as prescribed by law; motor vehicles subject to temporary registration according to regulations of the Ministry of Public Security

- In case the motor vehicle owner has many vehicles insured at different times of the year but in the following year has demand to bring back the insurance at the same time for management, the term of insurance of these vehicles may less than one year and equal to the remaining validity period of the first insurance contract entered into that year The terms of insurance in the following year for insurance contracts and the Certificate of Insurance after being returned at the same time shall comply with the provisions of Points a and b, Clause 1, Article 5

of Decree No.03/2021/ND-CP

The insurance validity begins and ends according to the term stated on the Certificate of Insurance During the valid term indicated on the Certificate of Insurance, if there is an assignment of motor vehicle ownership, all insurance benefits related to the civil liability of the old motor vehicle owner will still be valid for the new motor vehicle owner

2.2 Exclusion of insurance liability

Pursuant to Article 13 of Decree No.03/2021/ND-CP, an insurance company shall not compensate for damage in the following cases:

- Intentional act of causing damage by motor vehicle owner, driver, or damage sufferer

- The driver who caused the accident intentionally fled and failed to fulfill the civil responsibility of the motor vehicle owner In case the driver causing the accident intentionally escapes but has fulfilled the civil liability of the motor vehicle owner, the insurance liability is not excluded

- The driver is under age to drive a motor vehicle in accordance with the law on road traffic; the driver who does not have a Driver's License or uses an invalid Driver's License (whose number of blanks written on the back does not match the number of the latest issued blanks in the driver's license management information system) or uses a Driver's License not issued by a competent authority, having a Driver's License erased, or using an expired Driving License at the time of the accident, or using an inappropriate Driving License for motor vehicles, a driver's license is required In case a driver is deprived of the right to use a driving license for a definite term or has his driving license revoked, he is considered to have no driving license

- Damage caused by indirect consequences including commercial value is reduced, damage associated with the use and exploitation of the damaged property

- Damage to property caused by driving a vehicle with alcohol in the blood or breath, using drugs and stimulants prohibited by law

- Damage to property stolen or robbed in an accident

- Damage to special properties including gold, silver, precious stones, valuable papers such

as money, antiques, rare pictures, corpses, remains

- War, terrorism, earthquake

2.3 Indemnification in the event of death of the insured

According to Article 14 of Decree No.03/2021/ND-CP, when an accident occurs, within the scope of the insurance liability, the insurance company must compensate the insured for the amount that the insured has indemnified or compensate for the injured person

- In case the insured person dies or loses his/her civil act capacity under a Court decision,

the insurance company will directly compensate the damage sufferer or the victim's heirs (in case the insured person dies) or the representative of the damage sufferer (in case the damage sufferer loses his/her civil act capacity under a Court decision or is under six years old)

- Regulations on compensation advance level: In accordance with Clause 2, Article 14 of

this Decree, within three working days from the date of receiving the notice of the insurance buyer or the insured about the accident, the insurance company must advance compensation for damage to health and life

- Level of insurance compensation: The specific level of compensation for health and life

is determined according to each type of injury and damage indicated in the Table of regulations

on payment of compensation for health and life damage as prescribed (at Appendix I promulgated together with Decree No.03/2021/ND-CP) or under an agreement (if any) between the insured and the damage sufferer or the victim's heirs (in the case of The damage sufferer is died) or the representative of the damage sufferer (in the case that the damage sufferer loses his/her civil act

capacity according to a Court decision or is under six years old), but not exceeding the compensation amount provided in Appendix I

3 Violation of civil liability insurance regulations by motor vehicle owners in

current actuality

Regulations on participation in civil liability insurance are mandatory along with the practical benefits that civil liability insurance brings But in reality, citizens are still skeptical and indifferent to motor vehicle insurance, especially motorcycle owners, the situation of buying to

"prevent" from being checked by competent forces when participating in traffic on the road still exists

Incomplete statistics of the Vietnam Insurance Association show that almost all used motorbikes do not buy physical insurance and about 70% have not bought compulsory civil liability insurance This is worrying when in recent times, the situation of traffic accidents has very complicated developments In fact, many people think that buying compulsory civil liability insurance for motor vehicle owners is just a "reluctant" job Because in their opinions, even if they don't buy, when they are checked by competent forces, they can be fined with an amount not greater than the amount they spend to buy insurance So, many people think that buying insurance is just for coping

Besides, the psychology of most people in traffic is afraid of cumbersome and consuming procedures when making procedures for insurance companies to compensate Thus, when a collision occurs, they often solve it by themselves There are also many cases of participating in civil liability insurance, but for many reasons, they forget to check the documents regularly, as a result, the expiration of the civil liability insurance without the user knowing Compulsory civil liability insurance of motor vehicle owners in general and motorcycles

time-in particular has achieved many positive results, such as: the implementation of compulsory civil liability insurance for motor vehicle owners in the ten-year period (2008 - 2017) also achieved results with the number of motor vehicles participating in compulsory civil liability insurance of motor vehicle owners reaching over 110.3 million (the number of motorbikes was about 93.5 million); settlement of insurance claims for 593658 traffic accidents, an average of 9 million VND/case (101,214 motorbike accidents, 5 million VND/case on average) According to the latest statistics of the Department of Insurance Management and Supervision (Ministry of Finance), in 2019, the total revenue of compulsory civil insurance premiums is estimated at 3590 billion VND, of which cars alone reach 2825 billion VND, motorbikes reached 765 billion VND Meanwhile, the amount of insurance compensation (excluding the provision for compensation for losses not yet incurred as prescribed) was estimated at 972 billion VND, of which cars reached

927 billion VND, motorbikes reached 45 billion VND The above results clearly demonstrate the humanitarian meaning of the policy, promptly supporting traffic accident victims to quickly overcome loss of life and property, helping not only victims but also vehicle owners and drivers quickly stabilized their daily life and business activities as well as contributing to the realization

of the social and security goals of the Party and State

Statistics show that violations of regulations on civil liability insurance account for a large proportion of traffic violations and most fall in cases such as: no civil liability insurance, expired insurance, unavailable insurance when participating in traffic In the ten months of 2020, the traffic police force nationwide decided to sanction 3024869 cases, of which 152916 cases of cars,

378642 cases of motorbikes Violations against regulations on civil liability insurance had 35,932 cases (=1.19%), 876 cases of cars, 24123 cases of motorcycles (=67.13%)

Currently, according to statistics, the rate of compulsory insurance participation of motorbikes in our country is still low, only about 30% of the total of more than 61 million vehicles; while the participation rate of cars is up to 90% out of a total of over 3 million vehicles Research data on compulsory insurance for motor vehicle owners' civil liability in 2020 also

shows that the number of traffic accidents involving motorcycles accounts for about 70% of the total number of traffic accidents each year, but the ratio of compensation to total revenue of motor vehicle insurance is only 6%

4 Causes of the inadequacies

Firstly, due to the lack of knowledge about traffic laws, almost 100% of collision situations

have mixed errors, so they tend to resolve themselves without reporting to the authorities On the other hand, the inadequacies of traffic infrastructure and organization make it very difficult in many cases to determine right or wrong even when the authorities are involved, so the possibility

of claiming compensation of the victims is also very low In addition, the civil liability insurance level of only a few tens of thousands of VND per year leads to the level of compensation for damage is usually insignificant that makes most motorcyclists and motorbike riders only participate in civil liability insurance as a required document

Secondly, the coordination and data sharing of relevant agencies in confirming traffic

accidents and implementing compensation procedures for victims is still complicated and takes

a lot of time The cause of this situation is mainly because citizens are not interested in, not aware

of the benefits of civil liability insurance, vehicle owners do not understand the rights and obligations as well as the records and procedures when causing an accident to get the settlement from insurance companies, so they do not participate

Meanwhile the regulations on time and compensation procedures are still quite complicated, many people do not understand the process of compensation for damage that makes

a part of citizens not interested in buying insurance

Third, compensation records under current regulations are not really scientific and

reasonable According to regulations, insurance companies are responsible for coordinating with motor vehicle owners, damage sufferers, police agencies and other relevant organizations and individuals to collect documents related to property damage (Such as invoice for repair, replacement of damaged property); relevant documents of the competent authority on the accident (such as the record of the vehicle examination related to the accident, the preliminary notice of the results of the initial investigation of the traffic accident ); minutes of assessment

to determine the cause and extent of damage made by the insurer or the person authorized by the insurer; documents related to the accident

Fourth, the lack of regulations on specific responsibilities for insurance companies and related parties in the process of collecting compensation records Regarding documents proving human damage, one or more of the following documents are required: a) Certificate of injury; b) Hospital discharge paper; c) Certificate of surgery; d) Medical records; dd) Death certificate (in case the victim dies) However, in reality, there are many cases where it is very difficult for the insurance buyer to provide the death certificate and must be provided by the victim's family in order for the insurance buyer to obtain it Therefore, in order to quickly settle insurance benefits for a third party, it is necessary to clearly define the responsibility of the competent authority to issue the necessary documents as prescribed in the event of the victim's death; The responsibility

of the medical facilities where the first aid and treatment of traffic accident victims as well as the Police preside over the investigation so that the compensation is settled satisfactorily and promptly

5 Solutions to improve the efficiency of civil liability insurance of motor vehicle owners

Decree No.03/2021/ND-CP dated January 15, 2021, on compulsory insurance of civil liability of motor vehicle owners, effective from March 1, 2021 also significantly simplified the determination to people when carrying out compensation procedures However, to improve the insurance claim ratio, administrative procedure reform is not enough, but it is necessary to

complete the legal regulations in a strict, scientific, and suitable manner with the traffic organization plans

In order to create favorable conditions for paying insurance indemnities, Decree No.03/2021/ND-CP has significantly simplified regulations for people when carrying out compensation procedures Specifically, Article 15 of Decree No.03/2021/ND-CP states that an insurance company is responsible for coordinating with the insurance buyer and related parties

to collect a set of insurance claims and documents, contemporary to take responsibility before law for the accuracy, completeness and validity of the insurance claim records The insurance claim records include documents related to the vehicle, the driver; documents proving damage

to health or life; documents proving damage to property

Through the overview of the current situation of Law of Vietnam on compulsory civil liability insurance of motorcycle owners as mentioned above, the author recommends several solutions to improve the law as follows:

Firstly, it is required that insurers actively inspect and review the implementation of

compulsory civil liability insurance of motor vehicle owners throughout the system, ensuring compliance with the law If violations are detected, they will be rectified and handled promptly

At the same time, relevant agencies and insurance businesses need to continue to promote propaganda so that citizens understand the policy and the meaning of the compulsory liability insurance policy for motorcycles, thereby they can be proactive and active to join Besides, the expansion of distribution network, diversification of service delivery forms, promotion of information technology application, improvement of insurance service quality as well as improving the qualifications and consulting skills of the staff of insurance operators, customer services, insurance agents, etc., also are reality issues that both management agencies and insurers must really pay attention; ensuring the promotion of the humanity of this regime is to provide financial protection for victims of road traffic accidents with loss of health, life and property, even if the vehicle causing the accident cannot be identified, uninsured vehicle or accidents which are not covered by insurance

Second, it is necessary to implement a type of civil liability insurance for vehicle drivers,

instead of civil liability insurance for motor vehicle owners as at present Because, although the driver of the motorcycle that causes the accident is not the vehicle owner, the vehicle owner is still responsible for compensating for the fact that he has assigned another person to possess and use the motorbike (source of extreme danger), unless otherwise agreed by the parties This makes dependence and avoids the responsibility of the person who actually caused the accident Accordingly, the driver's civil liability insurance is determined based on personal information instead of the current motor vehicle information From there, based on a person's history of traffic accident events, the insurance company will assess the risk and offer an appropriate fee for the driver of that vehicle For instance, Increase or decrease the premium for that individual in the next term This will solve both the difficulty of attributing liability to unclaimed vehicles as well

as will manage the problem of charging premiums according to individual liability risks Civil liability insurance of vehicle drivers will become the right as well as the obligation and responsibility of all traffic participants

Third, the reduction of the types of papers and documents that must be collected according

to the claim file has a positive economic impact, reducing the costs related to compensation settlement for both the insurance buyer, the insured and insurance businesses On the social side, cutting down on some procedures, especially transferring the responsibility of collecting claims

to insurance businesses will have a positive impact on society, as well as raise awareness about the meaning of this type of compulsory insurance for civil liability of motor vehicles, increasing the deployment efficiency of enterprises

Fourth, to improve the rate of insurance claims, administrative reform needs to be more detailed in terms of traffic situations, so that when the authorities get involved, when the

insurance agency works, it can be easier to It is easy to determine right and wrong, the ratio of fault of each party, from which there is a basis to determine the compensation level In addition, along with the shortening of the dossier, it is also necessary to clearly define the method of compensation to facilitate the insurance buyer; raise the attractiveness of insurance policies as insurance packages for motorbikes and motorcycles are designed as for cars Because, for high-value vehicles, vehicle owners are willing to pay a larger premium to enjoy more practical insurance regimes On the other hand, it is crucial to promote the communication and education

of the law on traffic order and safety so that traffic participants better understand the meaning of the compensation regime for the compulsory civil liability insurance of motor vehicle owners

REFERENCES

Hoa Sơn 2020 Chấn chỉnh, xử lý kịp thời vi phạm bảo hiểm bắt buộc trách nhiệm dân sự của chủ xe cơ giới Tạp chí Tài chính Truy cập ngày 12.12.2021 tại:

trach-nhiem-dan-su-cua-chu-xe-co-gioi-323425.html

http://tapchitaichinh.vn/su-kien-noi-bat/chan-chinh-xu-ly-kip-thoi-vi-pham-bao-hiem-bat-buoc-Duy Thái 2020 Bảo hiểm xe máy: Sẽ có thêm nhiều quy định mới mang tính căn cơ và lâu dài Thời báo Tài chính Việt Nam Truy cập ngày 12.12.2021 tại:

them-nhieu-quy-dinh-moi-mang-tinh-can-co-va-lau-dai-87076.aspx

http://thoibaotaichinhvietnam.vn/pages/tien-te-bao-hiem/2020-05-21/bao-hiem-xe-may-se-co-Law on Road Traffic 2008

Vietnam Civil Code 2015

Nguyen Huu Tan

Faculty of Law

Ho Chi Minh City University of Foreign Languages and Information Technology

Perfecting the legal framework on non-competition agreement

in labor sector in Vietnam

Nguyễn Ngọc Anh Đào

Abstract

The agreement for employees not to work for employers’ competitors (non-competition agreement) has recently begun to be adopted by many businesses, in order to bind workers after leaving their jobs not to work for the company's competitors for a certain period of time, especially for employees at the management level However, the legal validity of this type of agreement remains controversial The article clarifies the current state of Vietnamese law on the non-competition agreement in labor sector thus proposing a number of solutions to perfect the laws on the issue

Key words: Labor, non-competition agreement, competition in labor sector

1 Status of Vietnamese law on agreements to limit competition in labor field

Article 15 of the Labor Code 2019 stipulates the principles on labor contract

“1 Voluntariness, equality, good faith, cooperation and honesty

2 Freedom to enter into an employment contract that is not contrary to the law, the collective bargaining agreement and social ethics.”

These principles are built on the general principles of the Civil Code, which allow the parties in a contract to freely agree and decide the contents of their labor contracts It allows the parties to agree on additional contents outside of the basic contents required by labor laws

The Labor Code of 2019 also has a clear provision allowing the parties in a labor contract

to agree on a confidentiality clause in Clause 2, Article 21: “If the employees’ job is directly related to business secrets, technological know-how as prescribed by law, the employer has the rights to sign a written agreement with the employee on the content and duration of the protection

of the business secret, technology know-how, and on the benefit and the compensation obligation

in cases of infringement by the employee.”

In addition, the provisions on the protection of assets, business secrets, technological and intellectual know-how of employers are a content of the internal labor regulations prescribed in Article 119 and in cases of infringed by an employee, the employee can be subject to a dismissal

in accordance with Article 125 of the Labor Code 2019

Thus, it can be seen that the labor law initially allows employers to have agreements with their employees on the term "non-competition agreement" related to business secrets and technological know-how However, the above provisions of the Labor Code only limit the disclosure of business secrets and technological know-how (one of the forms of restriction agreements) but not necessarily a non-competition agreement in labor area in its legal meaning This regulation only initially covers this issue but does not cover the types of non-competition agreements in the labor sector

The question is, apart from Labor Law, whether other laws have provisions on competition agreements The Competition Law 2018 has introduced the definition of non-competition agreements Accordingly, Clause 4, Article 3 of the Law on Competition stipulates

non-as follows: “non-competition agreement is an agreement between parties in any form that causes

or may cause non-competition effects.” This is the first legal document to introduce the concept

of non-competition agreement However, the main object of this regulation is only related to Vietnamese and foreign enterprises, organizations, industrial and professional associations operating in Vietnam3, not the labor relations between employees and employers in enterprises

3 Article 2, Law on Competition 2018

and business organizations regarding non-competition agreements On the other hand, it can be seen that this Law provides for non-competition behaviors, economic concentration that affects

or is likely to have non-competition effects on the Vietnamese market in general but does not govern non-competition agreements in labor sector. 4

Business secrets include production secrets, industrial secrets as well as trade secrets, which also include technical know-how, new products or business models, business operations instructions, formulas, customer information These secrets are a huge "fortune" of employers,

in order to create the material and spiritual value of employers as well as employees Therefore, the non-competition agreement in labor is always associated with information confidentiality and business secrets; Thus, besides the Competition Law, the Intellectual Property Law should also

be taken into careful consideration According to Clause 23, Article 4 of the Law on Intellectual Property amended and supplemented in 2009, business secrets are information obtained from financial and intellectual investment activities, which have not been disclosed and are capable of being used in business

Article 84 of the Law on Intellectual Property amended and supplemented in 2009

stipulates that business secrets are eligible if the following conditions are met: “It is neither common knowledge nor easily obtainable; when used in business activities, the business secrets will create for its holder advantages over those who do not hold or use it; the owner of the business secret maintains its secrecy by necessary means so that the secret will not be disclosed nor be easily accessible.” In addition, Article 127 of the Intellectual Property Law also provides

for acts that are determined to infringe upon the right to business secrets It can be seen that the non-competition agreement is not specified in the Intellectual Property Law

Article 3 of the Civil Code 2015 stipulates: “Each person establishes, exercises/fulfills and terminates his/her civil rights and obligations on the basis of freely and voluntarily entering into commitments and/or agreements Each commitment or agreement that does not violate regulations of law and is not contrary to social ethics shall be bound by contracting parties and must be respected by other entities.” the Civil Code only stipulates the general principles of

entering into a contract but does not have specific provisions related to non-competition agreements

2 Practical cases on non-competition in labor sector

Although the law has not yet provided any provisions on non-competition agreement, but

as analyzed above, employers to protect their interests still includes these provisions in the agreement with their employees in various forms It can be a single clause in the labor contract,

an annex attached the labor contract or more specifically a separate document between the employers and their employees

Specifically, in 2018, there was a dispute related to a non-competition agreement in labor sector It was a dispute between Recess Co., Ltd and Ms Do Thi Mai Trang The specific content

of the case is as follows:

On October 10, 2015, Ms Do Thi Mai Trang entered a 12-month contract with Recess Co., Ltd (District 1, Ho Chi Minh City) as head of recruitment department Then, on October

21, 2015, Trang signed a non-disclosure agreement (NDA) with Recess The NDA provides that:

"Within 12 months after the termination of employment with Recess Company, regardless of the reason for termination of the labor contract, the employee may not do the same works in any enterprise in the same business sector, competitors or affiliates of the Company, in case of failure

to comply with this provision, the employee shall be subject to damages” On January 1, 2016,

Ms Trang signed a 12-month contract with Recess and quit on November 18, 2016 5

4 Article 1, Law on Competition 2018

5 Mai Chi (2018), Be careful with “non-disclosure agreement” at: thuan-bao-mat-20180618192839114htm

https://nld.com.vn/cong-doan/can-trong-voi-thoa-On October 2, 2017, discovering that Ms Trang was working for an enterprise in the same area, Recess established a license and took a legal action against Ms Trang at the Vietnam International Arbitration Center (VIAC), requesting Ms Trang to pay a damages equivalent to three-month salary for violating the NDA VIAC later made a ruling No 75/17 on February 19,

2018, forcing Ms Trang to pay Recess Co., Ltd an amount of over 205 million Vietnam dongs Presume that the NDA is an integral part of the labor contract, the dispute arising from the NDA is also a labor dispute and must be resolved by the court, not within the jurisdiction of VIAC, together with the agreement in the NDA that restricts the right to the employee's freedom

to choose jobs, which violates the prohibition of Vietnamese law, Ms Trang has filed a complaint

to a competent court to request the arbitration's ruling to be annulled

After considering details of the case, the Court rejected all of Ms Trang's requests Specifically, when referring to the VIAC's jurisdiction to settle the case, the court believes that

in the NDA, the two parties had agreed to choose VIAC for settlement of disputes arising Moreover, Recess Company is operating commercially, and according to the provisions of the Law on Commercial Arbitration 20106, disputes arise between the parties, in which at least one party has commercial activities, is under the jurisdiction of arbitration Therefore, it is correct for VIAC to accept and settle the case

In addition, the Court also found that the NDA did not violate the prohibition of Vietnamese law (Article 35 of the Constitution 2013, Article 5 of the 2019 Labor Code and Article 9 of the Employment Law 2013) on the right to work, the right to choose a profession, workplace and employers of the employees Clause 2 of Article 3 of the 2015 Civil Code stipulates: “Each person establishes, exercises/fulfills and terminates his/her civil rights and obligations on the basis of freely and voluntarily entering into commitments and/or agreements Each commitment or agreement that does not violate regulations of law and is not contrary to social ethics shall be bound by contracting parties and must be respected by other entities.” At the time of the NDA signing, Ms Trang had full capacity for civil acts, completely voluntary and without any coercion On the other hand, the content of the NDA does not violate the prohibition

of the laws, social ethics, so it follows the principle of voluntariness, freedom of commitment, the NDA is effective and must be complied by the parties

3 Legal aspects of the practive on non-competition agreements in labor sector

The legal issue here is what kind of dispute is the type of disputes arising from competition agreement Whether they are labor disputes or not is important in determining: (i) Jurisdiction, and (ii) adjudicative opinions and applicable law Because when the type of dispute changes, from a labor dispute to a civil or commercial dispute, in principle, the civil and commercial law provisions will be used to resolve the disputes At that time, the differences in the settlement results are inevitable

non-In the case between Recess Co., Ltd and Ms Do Thi Mai Trang, the People's Court of Ho Chi Minh City determined that the dispute between Recess Co., Ltd and Ms Do Thi Mai Trang

is a commercial dispute because Recess Co., Ltd is a trader, registered for business, Commercial activities under the Commercial Law 2005 Therefore, the arbitration agreement falls under the jurisdiction of VIAC as prescribed in Clause 2, Article 2 of the Law on Commercial Arbitration Moreover, because it is determined that this dispute is a commercial dispute, the Court has based mainly on the Civil Law to settle the dispute Regarding this case, some legal experts point out that the relationship between the defendant and the plaintiff is an labor relationship, but the dispute arises from the NDA agreement and not from the labor relation between them or from the labor contract Therefore, the NDA is independent with the labor contract and if the dispute under the labor contract is an employment dispute, the dispute arising from the NDA can still be

a civil or commercial dispute

6 Clause 2 Article 2 of the Law on Commercial Arbitration 2010