Luận văn tốt nghiệp: New perception of law and lawmaking in the context of the industrial revolution 4.0

SCHOOL OF LAW

NGUYỄN ĐĂNG AN STUDENT CODE: 18062012

New perception of law and making in the context of the

VIETNAM NATIONAL UNIVERSITY SCHOOL OF LAW

NGUYỄN ĐĂNG AN STUDENT CODE: 18062012

New perception of law and law-making in the context of the industrial

revolution 4.0

GRADUATION THESIS Major: Law

High quality program Course: QHL-2018-L

SUPERVISOR: DR NGUYỄN HOÀNG ANH

Hanoi, 2022

UNDERTAKINGS

I would like to assure you that this is my research, the conclusions, and figures in the thesis are true and the reliability is ensured

Confirmation of instructors

The author of the thesis

(Sign and state your name)

1.1.1 Concept of Industrial Revolution 4.0 12

1.1.2 The history of the concept of "Industrial Revolution 4.0" and the generalization of the characteristics of the Industrial Revolution 4.0 12

1.2 Law 15

1.2.1 Concept of law 15

1.2.2 The basic attributes of the law 17

1.2.3 The basic characteristics (nature) of the law 21

1.2.4 Legal functions 24

1.2.5 The basic principles of the law 26

1.2.6 The role of law in social life 30

Chapter II: New issues posed to legal awareness and law-making and The Impact of the Industrial Revolution 4.0 on Future Legal System. 34

2.1 Changes (new perceptions) to the constitutions of states 34

2.2 Issues of legal reasoning related to robotics and artificial intelligence 36

2.3 The change of some elements of the law in the future as a result of the fourth industrial revolution 39

2.3.1 Industrial Revolution 4.0 could change the concept of the space

element in the law 39 2.3.2 Industrial Revolution 4.0 could change the concept of the time

element in the law 41 2.3.3 Industry 4.0 can change the concept of the monetary element in law 43 2.3.4 Industrial Revolution 4.0 could change the concept of the subject factor in the law 46 2.4 Changes in legal behavior and legal means 49 2.4.1 The rise of proprietary legal practices in information technology 49 2.4.2 New legal behaviors: such as crypto currency trading, cyber security has always been a technical and political concern of the authorities 50 2.4.3 What legal tools can deal with the risks? 51 2.4.4.Changes in the content of the legal areas 53 2.4.5 Situational illustration: The monopoly of the technology company and the changing of the labor market 56 Chapter III: Legal awareness and law-making in the context of industrial

revolution 4.0 in Vietnam 61

3.1 Recognizing and formulating Vietnam's constitution in Industry 4.0 61 3.2 Vietnamese law and the Fourth Industrial Revolution: legal and legal policies 61 CONCLUSION: 67

LIST OF SYMBOLS, ABBREVIATIONS

The Internet connects everything Yacht

The internet of services IoS

Deutsche Messe AG Federal Republic of Germany

Syllabus (2017)

6 Associate Professor Dr.Nguyen Thi Que Anh - Associate Professor Dr.Ngo Huy Cuong (co-editor) – The 4th Industrial Revolution and the issues posed to Vietnam's legal reform

International documents:

1 Mark Robert Anderson: After 75 years, Isaac Asimov's Three Laws of Robotics need updating Edge Hill University, The Conversation, HTTPS:// the conversation.com/profiles/mark-robert-anderson-273683

2 The Fourth Industrial Revolution – Klaus Schwab – National Political Publishing House of Truth

3 Teaching in the Fourth Industrial Revolution - (Translator) Tran Ninh Binh - Young Publisher

4 European Parliament: European Civil Law Rules in Robotics - Study for the Juri Committee, Directorate-General for Internal Policies, Policy Department C: Citizens' Rights and Constitutional Affairs, Lea http://www.europarl.europa.eu/committees/fr/supporting-

analysessearch.html, 2016

5 Neil M Richards, William D Smart: "How should the law think about robots?" (pp.3-24) Robot Law, Edited by Ryan Calo, A Micheal Froomkin Ian Kerr, Edward Elgar Publishing, UK & USA, 2016

6 Citied in James M Donovan, Legal Anthropology: A Introductionon (Lanham: Altamira Press,2008)

Some reference links:

1 post849730.tpo

https://tienphong.vn/robot-thong-minh-de-doa-cuop-viec-cua-con-nguoi-2 tyusd-tai-chau-au-20170628111319597.htm

http://vneconomy.vn/cuoc-song-so/pham-luat-google-bitay-phat-27-3 dau-ve-chuyen-doi-ky-thuat-so/

https://special.vietnamplus.vn/2021/10/21/viet-nam-co-tiem-nang-dan-4

https://www.quangngai.dcs.vn/tin-tuc-su-kien1/-tu-va-nhung-van-e-at-ra-voi-cong-nghiep-hoa-theo-huong-hien-ai-o-nuoc-ta?_101_INSTANCE_9F2li5r5FPQI_viewMode=view

/asset_publisher/9F2li5r5FPQI/content/cach-mang-cong-nghiep-lan-thu-5 /2018/816338/view_content

https://www.tapchicongsan.org.vn/web/guest/nghien-cu/-6 cong-nghiep-40-toi-hoan-thien-the-che-kinh-te-thi-truong-dinh-huong-xa-hoi-chu-nghia-o-viet-nam-22

8 phat-trien-tien-ky-thuat-so.htm

https://vneconomy.vn/muon-khong-bi-rot-lai-dang-sau-viet-nam-can-BEGIN:

1 The urgency of the topic

Humanity is at one of the most important milestones in the history of its formation and development, having the opportunity to change all economic- cultural-social conditions, that milestone is called "The Fourth Industrial Revolution" The fourth industrial revolution began in the early 21st century, based on the Industrial Revolution 3.0, which was formed on the improvement of the digital revolution, with new technologies such as 3D printing, robotics, artificial intelligence, the Internet of Things (IoT), social networks, cloud computing, mobile, big data analytics (S.M.A.C), nanotechnology, biology, new materials, etc But the core elements of the fourth industrial revolution will be Artificial intelligence, the Internet of Things, and big data Characterized by a combination of technologies that help blur the boundaries between the fields of physics, digitization, and biology The Industrial Revolution 4.0 has been impacting aspects of social life on different scales and levels, which creates both opportunities and challenges for countries This revolution will strongly motivate many countries and territories to move to the knowledge economy, to a "smart" society The intersection and convergence of high-tech fields will gradually blur the boundaries between the production stages and processes, especially the stages of designing, processing, assembling, and manufacturing products, from which production will reach a very high level and be highly optimized It makes the economic benefits more and more obvious In addition, the Industrial Revolution 4.0 will polarize the workforce, and the risk of unemployment will increase not only for works requiring low levels as many people mistakenly believe, but the wave of technological development will change the whole human mindset about labor

In this context, the legislative activity of each country, especially developing countries, needs to innovate, especially in legal thinking in the direction of drastic

change from being passive Because of the challenges that the Industrial Revolution 4.0 poses to legislative activity are relatively big The speed of globalization that accompanies the development of science and technology as it is now has caused many aspects of social life to change and not as gradually as before but by leaps and bounds And for the national governance and management of social development in the current technological age, the legal system must be perfected continuously and quickly However, we must accept the fact that we live in a society where the law will be very difficult or almost impossible to keep up with the development of technology, every attempt to "follow" or "take a shortcut" to get ahead of the new technologies in legislative activity is merely speculative according to existing research models The research is pre-existing and the feasibility of this conjecture is that only reality will answer

2 Research situation

The study of the related issues between technology and law in general, or the law and the Industrial Revolution 4.0, in particular, are not new resources such as mainstream theories such as the syllabus of universities, scientific research, Legal documents, or even hypotheses related to similar issues appear relatively common However, the weakness of the above documents is outdated, or no longer accurate in the current context The reason for this comes not from the weakness of research, but because of the rapid development of technology Or vice versa, it may also be because of trying to take shortcuts in awareness and law-making by trying to predict the future of technological development

3 Research purposes

Present an overview of the issues posed to legal reform in the context of the Fourth Industrial Revolution Specifically, the impact of the industrial revolution on the fields of specialization such as law, human rights law, national governance,

and law training mechanisms Thereby contributing ideas, and serving as the basis to give experience to Vietnamese law

4 Subject of study

The subjects of special research are the Marxist-Leninist doctrine, the Constitution of the Socialist State of Vietnam, and the relevant specialized laws of the Socialist State of Vietnam Next are the legally formulated views of countries on the Industrial Revolution 4.0 Finally, there are the theories, views, assessments, and research of scholars and researchers in the fields related to the issue of "law and law-making in the context of the Industrial Revolution 4.0"

5 Research methods

In the essay, the writer uses a combination of common research methods: a meta-analysis, statistics, comparison, and comparison of data In addition, it integrates other factors such as the views of researchers and historical factors to accurately collate and analyze related issues in the course

6 The layout of the essay course

The essay begins with the opening chapter, the abbreviated word catalog, the table catalog, and the reference Next is the main content section (63 pages,) divided into chapters as follows:

Chapter I: Some common theoretical issues about the law and the Industrial Revolution 4.0

Chapter II: New issues posed to legal awareness and law-making in the context of the Industrial Revolution 4.0

Chapter III: The Impact of the Industrial Revolution 4.0 on Future Legal Reform Chapter IV: Legal awareness and law-making in the context of industrial revolution 4.0 in Vietnam

And finally, the conclusion

7 The theoretical and practical meaning of the essay

The article wishes to provide valuable information on the issues surrounding the Industrial Revolution 4.0 It emphasizes that the need for the development of the law is extremely important for the development of society in the near future Industrial revolution 4.0 is the era of technology, so the law needs to take steps to keep up with the times Through the 4.0 revolution, human society can enter a whole new phase To do that, it is necessary to have a new outlook on the matter of legal awareness and legal development

8 Acknowledgments

The essay is an independent creative product of the writer and is written from a subjective perspective through the study, evaluation, and comparison of domestic and foreign documents Due to time constraints, language, and access to material, the essay will surely have a lot of limitations and shortcomings The writer wishes to receive feedback from the instructor and other interested lecturers and readers

The writer would like to thank Associate Professor Dr Nguyen Hoang Anh for taking the time to wholeheartedly instruct, guide, and give suggestions to lead the writer to be able to complete this thesis

CONTENT:

Chapter I: Some common theoretical issues about the law and the Industrial Revolution 4.0

1.1 Industrial Revolution 4.0

1.1.1 Concept of Industrial Revolution 4.0

The Fourth Industrial Revolution or Industrial Revolution 4.0 is the human revolution in the industrial sector It is the process by which humans integrate all the smart technologies to optimize the process and mode of production and business

According to Gartner, in 2013 the term "Industrie 4.0" appeared in a German government newspaper The basic concept of "Industrie 4.0" is to connect embedded systems and smart manufacturing facilities to create a digital convergence between Industry, Business, functionality, and internal processes

Klaus Schwab, founder and executive chairman of the World Economic Forum (2016) offers a simpler view of "Industry 4.0" as follows: "The first industrial revolution used water and steam energy to mechanize production The second revolution took place thanks to the application of electricity for mass production The 3rd Revolution uses electronics and information technology to automate production Now that the Fourth Industrial Revolution is emerging from the third revolution, it brings technologies together, blurring the lines between physics, digital, and biology."

1.1.2 The history of the concept of "Industrial Revolution 4.0" and the generalization of the characteristics of the Industrial Revolution 4.0 • History

On January 20, 2016, the 46th World Economic Forum (WEF) officially opened in the Swiss city of Davos-Klosters, with the theme "4th Industrial Revolution", attracting the participation of 40 heads of state and more than 2,500

guests from more than 100 countries They include U.S Vice President Joe Biden, British Prime Minister David Cameron, Bill Gates, Microsoft CEO Satya Nadella, and Alibaba Chairman Jack Ma, The concept of the 4th Industrial Revolution or Industry 4.0 was clarified at this forum According to GS Klaus Schwab, President of the World Economic Forum, Industrie 4.0 (German for Industrie 4.0) is a term that encompasses a wide range of modern automation technologies, data exchange, and fabrication The 4th Technological Revolution is defined as "a term cluster for the technologies and concepts of organizations in the value chain" that accompany physical systems in cyberspace, the Internet of Things (IoT,) and the Internet of Services (IoS) The essence of the 4th Industrial Revolution is based on digital technology and integrates all smart technologies to optimize production processes and methods; Highlighting the technologies that are and will have the greatest impact are 3D printing technology, biotechnology, new materials technology, automation technology, robotics, The term "Industrie 4.0" originated from a project in the German government's high-tech strategy, which encouraged the computerization of production The term was first used in 2011 at the Hannover Fair - the world's leading fair in technology and industry, which is the industry's largest and most important event, held annually by Deutsche Messe AG (Federal Republic of Germany) The concept was first mentioned in the High-Tech Strategic Action Plan adopted by the German government in 2012 In October 2012, the German Working Group on Industry 4.0 under the chairmanship of Siegfried Dais (Robert Bosch GmbH) and Henning Kagermann (Acatech) presented a set of Industry 4.0 principles proposed to the German Government On April 8, 2013, at the Hannover Fair, the final report of industry working group 4.0 was presented That's the name of the wave of production changes that are taking place in Germany In some other countries, it is called the "IP industry", "smart manufacturing" or "digital manufacturing" Although the name is different, the idea is one: to produce a future that brings the virtual (network) and real (machine) worlds together

• Characteristic

In 2016 Schwab published a book on the Fourth Industrial Revolution Schwab brings together fourth-generation techniques including hardware, software, and biology (cyber-physical systems), underscoring advances in communication and connectivity Schwab argues that this era is marked by breakthroughs in outstanding techniques in areas such as robotics, artificial intelligence, nanotechnology, quantum computing, biotechnology, the Internet of Things, distributed computing, fifth-generation wireless technology, 3D printing, and unmanned transport This paradigm shift in Industry 4.0 is based on the following principles:1

• Interactivity with all things: the ability to communicate with all elements of the factory, cyber physics systems, robots, enterprise information systems, intelligent products, and people, as well as the third system

• Decentralization: the capacity to design autonomous sub-processes in the factory with cyber physics elements with the ability to make decisions autonomously

• Real-time analytics: the ability to collect and analyze large amounts of data (Big Data) that enables the monitoring, control, and optimization of processes, enabling every outcome and decision that comes from the process immediately and at all times

• Virtualization: the ability to create a virtual copy by collecting data and modeling industrial (physical) processes, obtaining virtual factory models and simulation models

1 Review "4th Industrial Revolution" - National Science and Technology Information Administration, p7

• Service orientation: the ability to transfer new value created to customers in the form of new or improved services with the exploitation of new disruptive business models

• Modularity and scalability: flexibility and elasticity to adapt to the needs of industry and business at all times, with the ability to expand the technical capacity of the system according to technical requirements as required by the development of business needs in each case

1.2 Law

1.2.1 Concept of law

Currently, there are many different views within Vietnam on how to define the law? Depending on the different ways of seeing and approaching the law, jurists will have different definitions of the law We can see this clearly in the fact that the authors of the document, the theoretical syllabus on the state, and the law

have different definitions of law

According to Nguyen Minh Doan in the syllabus of state and legal reasoning – Political Publishing House (2010): "The law is a system of rules of conduct issued by the state and ensured the implementation, expressing the state will of the ruling class in society, which is the factor that regulates social relations to protect interests, fulfill the purpose of the ruling class, while maintaining existence, development and for the benefit of society as a whole."2

According to Thai Vinh Thang in the Dictionary the term reasoning for the state and the law: "Laws are generally obligatory codes of conduct issued or acknowledged by the order to regulate social relations, serve and protect the rights

p77

of the population classes in the society of the ruling class in exploitative states."

Similarly, throughout the formation and development of law, the world also has many different views and ways of defining law In the United States, the law is understood from a sociological point of view, the law is what the judge formulates during the trial Renowned U.S jurist, former Dean of Harvard Law School Roscoe Pound (1870-1964), asserted that law was "a particular form of social control in a society that already has a high form of political organization It is a form of social control through the orderly application and suppression system in that society." Some U.S scientists believe that the law is a tool to ensure the safety and social order of people: "The law of the state has the purpose of protecting safety and advantages for people: the law is a set of norms, created by the state, having a binding value within a territorial scope and guaranteed to be enforced by competent state authorities by the use of coercive measures and sanctions ", the law was born to "organize, promote the safety and convenience of members of the social community and to regulate the relationship between these members Together " 4

Marx and Ph Engels gave the definition of the law, more precisely, of the self-sanctified law: "Is your law only the will of your class set to law, the will which is determined by the material living conditions of your class?" Contemporary Russian jurists have come up with the definition of the law in accordance with the requirements of the rule of law and the protection of human rights, according to which the law is defined as a system of generally obligatory code of conduct, expressed in the legal documents of the state, in judicial precedent and other forms, expressing the common will of social groups, which is the measure of human freedom, which is guaranteed by the State to be carried

pages 7

out from all encroachment, to ensure social order and stability for the benefit of the people.5

Although there are many different views on the definition of the general concept of law However, common definitions all have striking common characteristics Combining the commonalities of legal definitions with some of the advantages of distinct definitions, one can give a legal definition as follows: "Law is a system of general mandatory conduct, issued or acknowledged by the state, to express the will and interests of the people, which are guaranteed by the State, to adjust social relations to protect and ensure human freedoms and the sustainable development of society."6

1.2.2 The basic attributes of the law

The concept of "characteristics" has a basic semantics to refer to the distinct nature of law, or other phenomena and things in general Social things and phenomena are distinguished from each other thanks to their basic properties Attributes are unique signs of things and phenomena Although the State and the law have a dialectical and objective relationship, each of these social phenomena also has its characteristic characteristics because these are two social phenomena with their own lives, relatively independent The attributes of the law are the unique characteristic signs of the law, which are criteria for distinguishing the law from other social phenomena, from other types of social normale such as ethics, customs, religion, norms of socio-political organizations, etc., v The basic characteristic signs of the law are the expression of the power and advantages of the law in the system of all kinds of means of regulating social relations and the social behavior of people The law has the basic characteristic signs as follows: common normativeness, general mandatory, strict determination in form; guaranteed by the state

263

• Common normativeness7

The typical feature of the normativeness of the law is the universality, general mandatory With common normative attributes, general mandatory, legal regulations are different from other social norms such as with the management and charter of social organizations The universality and general mandatoryness of the law shall apply to all individuals and organizations within the scope of adjustment of the respective legal documents The rule of law is applied several times in space and time The application of these regulations shall be suspended only when the competent state agency cancels, amends, supplements, or the time limit has expired The law must be the measure of justice, the right and the same amount of scope) for different people - the scope of freedom within the framework of the law The attribute of the common normative, general mandatory of the law comes from the state power, from the relationship between the state and the law The state is the official representative of the whole society All individuals and organizations living in the territory of the state must comply with the law, including foreigners and stateless persons

• Strict determination of form8

For laws formulated and promulgated by the State, one of the attributes that clearly express the identity of the law in the system of social rules is the strict determination of form The strict determination of the form of the law is expressed in the way and techniques of expressing the legal norms expressed in legal documents with certain names, processes, and legal values such as the Constitution, laws, decrees, circulars, etc The language of the law in the legal norms also has its characteristics, compact, clear, direct, not through artistic images, metaphors, to ensure universality, easy to understand, easy to apply, avoid multi-meaning understanding The determination of form is also expressed

with its characteristics in law precedent, especially in the way of selecting and publishing court cases This is one of the new points that has long been rarely mentioned in legal reasoning The law is expressed in a written form, while other social norms can be written or unwritten, customs, for example, are always expressed in an unwritten form One of the tasks of renewing the legislative work of the National Assembly is to make the laws enacted: "specific, easy to understand, easy to implement" Compared to many other types of social norms, the law is highly accurate, expressed in the rights, legal obligation legal sanctions, and specific legal orders The clear, strict definition of the law is intended to ensure the principle that "anyone who is placed under these conditions cannot do otherwise." The accuracy of the law allows to understand what is allowed to be done, what to do and what is held and on the basis that individuals can act freely, choosing for themselves the plan, the manner of conduct, including the anticipated measures to be taken when there is wrongdoing, It's not in accordance with the legal requirements

• Guaranteed to be exercised by state power9

All kinds of social rules are guaranteed to be implemented in certain ways and measures derived from their nature, characteristics, scope, origin, and role in human life But the way and measures to ensure the implementation of the law by the state have their characteristics Other types of social norms are also guaranteed to be implemented by certain measures and methods with many characteristics Ethical norms are guaranteed to be enforced by sanctions "within and "external," it is conscience, self-awareness, and public opinion Violating customs will also be condemned by the public opinion and conscience does not allow it, so sometimes, people don’t register for marriage but not many people dare to ignore the rituals according to local customs and customs It is impossible to apply coercive measures - legal sanctions for violations of other

social rules the State is the official representative, legal representative of the whole society The State shall formulate, promulgate laws, and competent state in a lawful, legitimate, and exclusive manner to apply necessary coercive measures to ensure the implementation of the law All violations of the law are subject to appropriate measures (applying legal sanctions) This is one of the very basic characteristic signs, typical of the law Lenin once said, "The law would be nothing without a guarantee of implementation." But it should also be noted that the measures that the state uses to ensure the implementation of legal norms are diverse, including coercive, persuasive, educational, funding, technical organizations, etc The use of the individual or combined measures will depend on the nature and characteristics of the areas of legal adjustment, conditions, and circumstances In a society of the rule of law and democracy, the application of coercive measures to enforce the law must be on the basis of law, due process, and procedures and must not violate the legitimate rights and interests of people

• Other (characteristics) of the law10

Above are three basic attributes, typical of the law, which are criteria for distinguishing and identifying the law in the system of types of means of regulating social relations The three attributes presented above are the most characteristic, typical, and universal nature of the law by both demonstrating the role and unique advantages of the law, as well as limiting the distinction of the law from other types of social rules

However, if considered more broadly, it is also necessary to mention some other attributes of the law such as systematicity, stability, predictability, At the same time, it is necessary to mention other issues when it comes to the law The legal statute includes not only regulations issued by the State but also "recognized by the State", the law is not only expressed in the form of legal documents but

also other forms such as legal practices, legal precedents, especially judicial precedents We have to talk about other characteristics This issue is usually mentioned in the types of legal sources that each state has specific views, policies, and applications

1.2.3 The basic characteristics (nature) of the law

The nature of law is one of the fundamental issues of legal reasoning and practice Philosophically, the nature of things and phenomena are understood as the core properties of things, phenomena, processes, and relative stability As a tool to maintain and strengthen social order, the law must rely on coercion, and punishment, order here is the general order of the whole society, and community life, ad law is the tool of the whole society The nature of law is the inner characteristics of law, relatively stable, expressing the authentic nature and social role of law, the purpose and reason for existence of law in human life Without these basic aspects, the law cannot survive and develop In terms of legal philosophy, the nature of the law is now in harmony, balancing all kinds of interests The general social nature of law is expressed in the perception of law as the quantity of freedom Within the limits of his rights, man is free to act, and the society to which the State is represented has the role of protecting this freedom The law is not only freedom, but the guarantee and protection of freedom from all encroachment These basic properties and aspects are closely related, dependent, mutually impactful in the process of adjusting the law, implementing the role and social value of the law

• The Class Nature Of The Law ? Check the translation: no meaning The class of the law is expressed in the reflection of the state intentions of the social ruling class in the system of legal documents, the activities of applying the law of the state The content of the law i.e the state is regulated by the conditions of material living, economic factors and economic hazel Marxist-Leninist classics especially emphasize the dialectical relationship between class, economy, state, and law This view expresses the awareness, objective, and comprehensive assessment of the law, but should not maximize the role of economic and class factors in legal and state life

• The sociality of the law

The social aspect, the social aspect of the law, or, more fully, the social role and mission of the law is manifested in the balance and harmony of all kinds of interests in the law Law is a method of receiving and protecting the interests of classes, classes, and groups of social objects This is a matter of the law of the existence and development of the law and society itself Law is a method of recognizing and protecting the interests of classes, stratums and groups of social objects Sociality is an objective, inevitable and universal province of all states and laws The law is the product of man in society, the intellectual product of each people, and the whole of humanity in the universal sense The law represents the relationship between individuals - members of society, the law is also a means of establishing interpersonal relationships States are always under social pressure to amend, supplement, promulgate new or cancel legal documents and regulations accordingly The tendency to enjoy fire democracy, the demands of freedom, justice and harmonization of interests are the driving force for social progress, have been posing for lawmakers to pay attention to reforming and perfecting the national legal system A good, effective legal system depends largely on the harmonious settlement in the most optimal way of personal interests and public and social interests The true law must provide options, "ways to solve problems"

for the types of conflicts of interest, disputes arising in human life The relationship between class and sociality as well as the level of social expression and implementation in legal types, in a legal system of each country at different historical periods inevitably differs This depends on a series of objective and subjective factors such as economic, political, cultural, social conditions, ethical traditions, practice of administration; relation to class, social, religious and ethnic forces; national and international development trends, other subjective factors

• Nationality, humanity, protection and guarantee of human rights

In modern society, building the rule of law, democratizing all areas of social relations requires major reforms of the law to make the law truly a means of recognizing, protecting, ensuring and promoting human rights and freedoms for the sustainable development of society The nature of the law is expressed in the social province, nationality and humanity A good legal system, accepted by the people must express elements, national spirit, cultural traditions, ethics, customs At the same time, national law must be an open legal system, receiving with the spirit and the ability to selectively select the achievements of human legal culture, especially in the context of regional and international integration The measure of the level of development of the rule of law is the degree of harmony between morality and the law, which is human rights Human rights are the basic criterion for the identification of the rule of law state, the basis for perfecting and evaluating the national legal system The concept of law is the quantity of freedom, justice, protection of human rights and interests is a common trend of the times The development trend of the law is to increasingly ensure harmony, balance of all kinds of interests, the focus is on protecting and ensuring rights, freedoms and the integral development of people

1.2.4 Legal functions

The law is a system of rules, acts and tools to protect and ensure individual rights and freedoms for the order of social development The functions of the law are the main aspects of the law on social relations and human behavior, expressing the nature, role, meaning and purpose of the law, in order to establish, protect and ensure the legitimate rights, freedoms and interests of the human person, order and the development of society In legal reasoning there are several ways of classifying legal functions based on different criteria and purposes In the context of modern society and in the face of the increase in the need for legal regulation, the role and social value of the law, scientists also added many new functions of law such as the function of stability and development, the function of social control, evaluation function, cognitive function, etc

• Adjustment function

This is the basic function of law stemming from the role and characteristics of the law is to regulate behavior and social relations in all areas of activity The main function of law is the establishment, stability and order of social relations according to the state's guidelines and policies, appropriate and to ensure the requirements of stability and development of social life The regulatory function of the law is carried out through the form of stipulating the permitted, the rights, legal obligations, the prohibited and also the acts that are encouraged to be carried out With the function of adjustment, the law really serves as a tool to recognize social processes, order social relations and facilitate the development of social relations

• Protection function

The role and purpose of the law is to protect the legitimate rights, freedoms and interests of the human person This role and purpose has increasingly become a requirement, criteria for legal identification and evaluation in modern society,

the law has the function of protecting human rights, cultural values, ethics of national traditions, protecting the country's stability and development The law has the function of protecting social relations regulated by law by applying the protection regulations according to certain legal orders and procedures for violations of law In society, in addition to the law, there are many other types of tools that also participate in the protection of social relations such as ethics, management The law in the rule of law must be a tool to protect the legitimate rights, freedoms and interests of the human person, and to protect the values, norms and foundations of social ethics

• Educational functions

The educational function of the law is expressed in the impact of the law on the will and consciousness of people in order to create an environment, habits of compliance with the law, towards legal acts, ethical ethics, emotional education that respects the law, Educating faith in law and justice The educational function of the current law can be carried out in many different forms and methods such as legal dissemination, legal advice and assistance, through the application of law by competent state agencies, etc Along with ethics, culture and law, there is a great educational function to guide human perception and behavior in accordance with the requirements of the principles of constitutional supremacy, law, democracy, justice, towards the realization of the rights, freedoms and social responsibilities of each person

• Function of social control

The law is not only aimed at regulating obligations, permitted or prohibited but also for the role and purpose of controlling society, controlling processes, phenomena, social relations to ensure that they operate in accordance with the requirements of protection of rights, for the development of individuals and

communities, society The law can only perform well the function of social control in combination with other means and forms of social control

• Evaluation function

The evaluation function of the law is expressed in the criteria for assessing the legality or non-legality of the acts and decisions of the legal subjects Legality or non-legality is determined from the moral principles, rights and interests of people, not from the subjective, arbitrary intentions of the legislator At the same time, the evaluation criteria also include the following criteria: benefits, rights, human freedom, economic, psychological and social effectiveness The classification of the functions of the law as mentioned above is actually only relative, conventional, and can be further delineated

1.2.5 The basic principles of the law

The principles of law are the basic guiding ideas and views for law-making, content, forms of legal regulations, implementation and application of laws and legal services The principle of law is both objective and subjective as well as the law itself Legal principles must be respected and adhered to in the development of policies and laws, in the application of laws by state agencies and the implementation of laws of all individuals and organizations For these types of legal services must also ensure respect and compliance with the principles of law The principle of law is the basis of the relationship between the state and the individual, the basis for building the legal culture For example, in feudal states, there are basic legal principles such as the principle of protecting caste and privilege, the principle of collective criminal responsibility, There are many criteria for classifying legal principles The most common classification is based on the criteria of the scope of impact of legal principles, legal principles are demarcated into three categories as follows: General principles of law, interdisciplinary principles and principles of the law sector, principles of legal institutions The law belongs to the national legal system For example, general

principles such as the principle of fairness, humanitarian principles, the principles of democracy, equality, the principle of human rights protection The principles of the law sector are the main ideas for the construction, implementation and application of law in the field of regulating the social relations of each law branch.11

• Principle of fairness 12

This is the universal, universal principle of law, because the law itself in its true sense is fair, the law is the equal quantity, the freedom The principle of fairness of law is expressed in the policy of law-making, in the content of legal documents and in the application of law The regulation and application of handling measures must be appropriate (compatible) with the nature of the violation of the law, stipulating that the level of enjoyment must be commensurate with the contribution, dedication, fairness in the field of labor, pay, elimination of egalitarianism At the same time, the principle of equity is also expressed in ensuring benefits, working conditions, labor, living, enjoyment and comprehensive development for vulnerable social groups

• Humanitarian principles 13

This principle comes from respect for, caring and protecting people - the highest of all kinds of values On the basis of humanitarian principles, the measures taken against lawbreakers are not aimed at physical torture and insulting their honor and dignity Methods and measures of the impact of the law on social relations must be carried out on the basis of a combination of persuasion, education and coercion Humanitarianism also manifests itself in the system of regulations in the most beneficial way for human beings within a legal and ethical framework Humanitarian principles expressed in legal documents and in the

application of the law must always take care of people, even if they are violators of the law In criminal law, humanitarian principles are expressed in the tendency to reduce (or abolish) the death penalty, redirecting the handling by criminal measures to administrative measures combined with appropriate social education measures, ensuring the strictness of the law and the education that paves the way for offenders to pay their re-enter society

• Principle of equality

All individuals are guaranteed the right to comment before the law, before the courts, and before state agencies in general in terms of rights, obligations, and legal responsibilities, regardless of the conditions of social status, economic conditions, education, ethnicity, religion, profession

• Principles of respecting, protecting and ensuring the rights and freedoms of people and citizens

Human beings and human rights and freedoms are the highest of the values of society The State shall have the responsibility to recognize, respect, protect and ensure human rights and civil rights This principle should be defined in the present law and law and respected and adhered to in the practice of operation, application of the law, in all actions because of the decisions of state agencies and public employees At the same time, there must be legal mechanisms and social mechanisms to examine and supervise the implementation and handling of violations of this principle under the provisions of law The implementation of this principle also includes ensuring the implementation of the principle of limiting human rights and civil rights, avoiding any nominal abuse of the need to limit the right to do things that harm human rights and civil rights

• The principle of unity between legal rights and obligations

The nature of the principle of unity between legal rights and obligations is expressed in the provisions of law and the application of the law The principle

of unity between legal rights and obligations applies to all legal entities, in legal relations between individuals and organizations, and between the state and individuals By law, no one can enjoy only rights without obligations and no one can only do their duty without being entitled Between the state and the individual, there is an equal relationship and co-responsibility State agencies and state officials have the right and obligations at the same time in the settlement of tasks related to social activities, related to the requirements and interests of citizens and organizations For example, every individual has the right to lodge a complaint, and the competent authorities of the state must be obliged to receive, review, and settle complaints, ensuring the enforcement of complaint settlement decisions

• Democratic principles

The content of the democratic principle of law is expressed in the participation of individuals and organizations in formulating policies, and laws and implementing laws The State shall ensure the right to participate in contributing people's critical opinions to legal documents and activities of state agencies in general, applying the law of judicial and administrative agencies in particular The principle of democracy is also reflected in the contents of legal documents and practical activities to exercise the right of inspection and supervision of people, socio-political organizations, and enterprises for the activities of state agencies In the form of direct democracy and representative democracy, the people exercise their power and participate in the general activities of society, making an important contribution to ensuring the effectiveness and effectiveness of the state's social management and the protection and guarantee of rights, the interests of people and citizens

• Principles of constitutional and law supremacy

All individuals and organizations, including state agencies, officials, and civil servants must respect and comply with the law In the rule of law, the principle of upholding the constitution, the law, and also the rule of law is the rule of law and also the rule of law based on the constitution and law State agencies and public employees must comply with the provisions of law, respect and ensure compliance with legal procedures and procedures in all their activities, in the settlement of specific legal issues

• The principle: “do all that the law does not prohibit" and the principle: “do only what the law allows”

These are two core principles, typical of the rule of law state, democratic society, rule of law, and human rights The first principle applies to individuals - to do all that the law does not prohibit The second principle applies to state agencies State agencies may operate only within the scope of functions and competences prescribed by law

• Some other principles

Some other principles: The principle of non-retroactiveness of the law (except for a very small number of cases that are applied retroactively under the law in principle beneficial to humans), the principle of not being tried twice for a violation of the law

1.2.6 The role of law in social life

The role of the law is approached and evaluated in many different aspects and criteria In particular, there is an approach to the role of law on the general level of the whole legal system In general, the legal role is expressed in the following aspects:

• A legal role for the protection and guarantee of human rights and freedoms The law is a means of recognizing, ensuring, and protecting the legitimate rights, freedoms, and interests of the human person In which the Constitution is

the basic law, stipulating the state's responsibility to respect, protect and ensure human rights and civil rights The legal provisions on human rights and civil rights are generally mandatory and are guaranteed to be implemented by certain measures of the State The law has the role of educating a sense of respect for the legitimate rights, freedoms, and interests of people in life This is one of the important conditions for building the rule of law and protecting ethics The law also provides for the right to use the law of each person to protect his/her legal rights when there is an infringement on the part of individuals, organizations, state agencies, officials, and civil servants The law provides for measures to handle and process and procedures for applying the law to acts of infringing on human rights and civil rights The law not only regulates the legal rights and obligations of citizens but also provides legal mechanisms and procedural legal provisions to exercise the legitimate and legitimate rights and interests of citizens.14

• The role of the law in regulating and ensuring the implementation of the equal, co-responsible relationship between the state and the individual The Constitution and other legal documents define the basic principles and specific provisions of the relationship between the state and the individual In the rule of law, the relationship between the state and its citizens is equal in rights and obligations, a relationship of co-responsibility Compliance with the law is an obligation for all individuals, organizations, and states to take material and spiritual responsibility for their decisions and acts, especially the responsibility for compensation for damages The State, in its new role as a servant of society, has a responsibility to "bring real life as a human being to all as the role of the modern state."15

• The role of the law in the state ?

Law is a means of regulating the organization and operation of the State, the means of controlling state activities, and limiting state power Laws are means, methods, and criteria for assessing the role and responsibility of the State in activities of serving society, protecting, ensuring, and promoting human rights and civil rights The State uses the law to perform the functions of the State in terms of domestic and foreign affairs, determining the political, economic, social regimes and legal regulations of individuals and organizations

• The role of the law in ethics.? Relationship bt law and ethics?

Law and ethics can only play their roles when used in a combination of closely and reasonably Ethics is the basis of the law and also the condition of the application of the law On the other hand, the law is a means of recognizing and protecting moral values and norms Respect for human rights, respect, and observance of the law are characteristics, and requirements of progressive ethics, for people The current trend is that the law increasingly recognizes traditional and progressive ethical principles and norms

• The role of law in culture, traditions, and customs

Law plays an important role in culture, building moral culture, human rights culture, advancement, nation, and humanity Law plays an important role in building and improving the level of culture in each person, promoting cultural values in social life The Constitution and legal documents have provided the premises for the application and promotion of positive aspects of customs, customs, and traditions, including customary laws and treaties At the same time, the law also has provisions prohibiting the implementation of outdated and anti-progressive practices

• The role of the law in a democracy, justice, and equality

Law is a means of recognizing and ensuring the implementation of democracy with rich forms of democracy: direct democracy and representative democracy Democracy goes hand in hand with discipline, must be institutionalized by law and guaranteed by law Democracy is the driving force, goal, and perfect premise of the law The law provides for forms of inspection and supervision of democratic implementation, measures, and procedures for handling acts of democratic violations

• The role of law in the economy

The law establishes legal corridors for economic activities and has a strong impact on the development of the market economy The law provides for and protects and guarantees the freedom of business of legal entities except those professions prohibited by law By law, create a favorable and equal legal environment for enterprises to compete and cooperate to develop, regulate income, inspect and control business activities under the law; handle economic disputes, ensuring the freedom of business of individuals and organizations Law is the main tool in the economic management of the State, creating safe legal corridors for production and business activities, ensuring social discipline, personal interests, the business community, and society

• Legal role in social issues

In addition to the great role in the economy, law also has a great role, the tool of adjustment is especially important in the field of social issues In particular, in the deeply intergrated market economy as at present, the role of law in social issues is increasing Law is the primary form for performing the social functions of the state In a broad sense, the law on social matters is the synthesis of legal norms governing social relations arising in the fields of labor, employment, social security, education, health, social order, safety, population, environment, protection of vulnerable social groups,

Chapter II: New issues posed to legal awareness and law-making and The Impact of the Industrial Revolution 4.0 on Future Legal System

2.1 Changes (new perceptions) to the constitutions of states

In the all out of the four modern insurgencies to date, the primary modern upheaval and the fourth modern transformation changed the most profound social establishment, incorporating the class structure in the public arena The First Industrial Revolution utilized water and steam energy to automate creation, the Second Industrial Revolution involved electrical energy for large scale manufacturing he third industrial revolution used information technology and electronics to produce automation The Fourth Industrial Revolution created based on the third modern insurgency that combined advances, obscuring the limits between the fields of material science, digitality and science, the focal point of the Fourth Industrial Revolution was artificial intelligent, automation - robots and the internet connected products The First Industrial Revolution promoted a system of factories and led to a revolution in agriculture that changed the appearance of society, giving rise to issues such as urbanization, freedom of business, capitalism, mass production and new classes On the basis of that social reality, reform thinkers appeared that people still talk about – Adam Smith, Robert Owen, John Stuart Mill, Jeremy Bentham, C Marx (Karl Marx) These theories have influenced the constitutions of countries - for example, the C Marx-Leninist doctrine for Vietnam's constitution 16

Entering the era of industrial revolution 4.0, humans are said to be not the main workforce in society but instead robots, machines, artificial intelligence Scientists predict that in the 2020s and 2030s onwards, in computer and robotic work will replace humans with a generation of intelligent robots and artificial intelligence, capable of using advanced methods in data processing and analysis

The 4th Industrial Revolution and the issues posed to Vietnam's legal reform, tr21