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Legal system is different from a country to country because of differences in history, sociopolitical and economic conditions. In other words, the nature of legal system of a country depends on the nature of its social system established in law. Vietnam is a socialist country under the leading of Communist Party; therefore, the current legal system of Vietnam has its own history and tradition. This course focuses on legal phylosophy and the main features of legal system in Vietnam. Students are introduced the influenced factors (socioeconomic, political, and cultural influences), legal phylosophy, sourses of laws, legal professional in order to gain basic understanding about current legal system in Vietnam.
HANOI LAW UNIVERSITY MODULE OUTLINE INTRODUCTION TO VIETNAMESE LEGAL SYSTEM HANOI - 2017 HANOI LAW UNIVERSITY FACULTY OF LAW Training service: Subject: Credit Units: Course type: Full-time - Bachelor of Law Introduction to Vietnamese Legal System 02 Optional INFORMATION ABOUT LECTURERS No Name Title Email Phan Thi Lan Huong PhD phanhuongdhl@gmail.com Le Nam Huong Expert Visiting lecturer_UNDP Nguyen Van Quang Aso.Ph D nguyenvanquang@hlu.edu.vn Address of Department of Private International Law Room No.605, Building A, Hanoi Law University No 87 Nguyen Chi Thanh street, DongDa district, Hanoi Telephone: 02437731453 Working hour(s): 8h00 – 16h30 working days SUMMARY OF SUBJECT Legal system is different from a country to country because of differences in history, sociopolitical and economic conditions In other words, the nature of legal system of a country depends on the nature of its social system established in law Vietnam is a socialist country under the leading of Communist Party; therefore, the current legal system of Vietnam has its own history and tradition This course focuses on legal phylosophy and the main features of legal system in Vietnam Students are introduced the influenced factors (socio-economic, political, and cultural influences), legal phylosophy, sourses of laws, legal professional in order to gain basic understanding about current legal system in Vietnam CONTENT OF SUBJECT Topic 1: Vietnamese legal philosophy Legal ideologies in Vietnam in general Legal ideologies of socialist model Comparative study with other legal system (common and civil law tradition) Topic 2: Influenced factors of legal system in Vietnam Socio - Economic conditions Traditional Culture, Beliefs, and Religions Globalization and integration period (international cooperation) Topic 3: Source of law Concept source of law What are the sources of law in Vietnam Comparative study with some selected countries (US, UK) Topic 4: Law interpretation and application in Vietnam Law interpretation Law application in Vietnam Topic 5: Legal Professionals and Legal education in Vietnam Legal training curriculum Legal training methodology Judges Prosecutors Lawyers OBJECTIVES Students who successfully complete this subject should: Understand the nature of Vietnamese legal system Be aware of the influencing factors of Vietnamese legal system Be familiar with the sourse of law, law interpretation and application in Vietnam Understand about legal education and legal professional in Vietnam Be able to identify the differences between Vietnamese legal system with the other legal system (common law and civil law in some selected countries TEXT AND READINGS A MANDATORY READINGS Dr Phan Thi Lan Huong, The Role of Vietnamese Government in Legislation – In Comparison with Japan, CALE Discussion Paper No.11, 2014, http://cale.law.nagoyau.ac.jp/_userdata/CALE%20Discussion%20PaperNo11.pdf Dr Mai Hong Quy (Editor), Introduction to Vietnamese Law, University of Law Hochiminh City, Hongduc Publishing House, 2013 Dr Phan Thi Lan Huong, Overview of the Vietnamese Legal System, http://www.academia.edu/7325321/OVERVIEW_OF_THE_VIETNAMESE_LEGAL _SYSTEM Bui Thi Bich Lien, Legal Interpretation and the Vietnamese Version of the Rule of Law, http://www.law.ntu.edu.tw/ntulawreview/articles/6-1/11-Article-Bui%20Thi %20Bich%20Lien_p321-337.pdf B REGULATIONS Vietnam Constitution 2013 Vietnam Law on Promulgation of Legal Normative Document Vietnam Law on Organization of Court 2014 Vietnam Law on Lawyer C OPTIONAL READINGS Dervort, Thomas R Van American Law and the Legal System: Equal Justice Under the Law Cengage Learning, 2000 Mwenda, Kenneth Kaoma Comparing American and British Legal Education Systems: Lessons for Commonwealth African Law Schools Cambria Press, 2007 Slapper, Gary, and David Kelly The English Legal System Taylor & Francis, 2017 LEARNING OUTCOMES 6.1 Detailed learning outcomes Objective Unit Level Level Level 3 Vietnamese legal philosophy Influenced factors of legal system in Vietnam Source of law Law interpretation and application in Vietnam 1A1 Define legal philosophy 1A2 Describe legal ideologies in Vietnam in general 1A3 Intepret the features of legal ideologies in Socialist model 1A4 Identify differences with other legal ideologies (separation of power) 2A1 Define influenced factors 2A2 Present the influenced factor: socio economic conditions 2A3 Present the influenced factor: Traditional Culture, Beliefs, and Religions 2A4 Present the influenced factor: Globalization and integration 3A1 Define the source of law 3A2 Understand the what are the source of law in Vietnam 3A3 Present the competent organs which has power to promulgate legal normative documents 3A4 Define the court’s precedents 4A1 Understand the concept legal interpretation and application in Vietnam 4A2 Understand process and competence of interpretation the laws in Vietnam 4A3 Define the functions of state ograns 1B1 Analyze characteristics of socialist legal model 1B2 Distinguish socialist model with other models (comom, civil, islam 1B3 Analyze the influences of legal philosophy to the current legal system in Vietnam 1C1 Evaluate the legal philosophy in Vietnam 1C2 Evaluate the others legal philosophy (concentration of power – Maxian tradition vs separation of power) 2B1 Analyze the influenced factors 2B2 Identify the influences of legal system in Vietnam 2B3 Analyze how legal system responds to those factors 2C1 Evaluate some legal documents influenced by those factors 2C2 Evaluate the changes of legal system in globalization and integration 2C3 Evaluate Vietnam’s law influenced by traditional cultures 3B1.Analyze the feature of source of law in Vietnam 3B2 Analyze the legality and consititutionality 3B3 Analyze the role of court’s precedents 3C1 Critically evaluate Vietnam’s source of law 3C2 Evaluate the current issues of legal documents in Vietnam (consistency, comprehensiveness) 3C3 Evaluate the criteria for reviewing legal normative documents 4C1 Evaluate Vietnam’s rule on reviewing legality of law intepreation 4C2 Evaluate Vietnam’s rule on law application 4B1 Analyze the process of interpretation and application 4B2 Analyze the procedure to interpret the laws 4B3 Analyze the competence of interpretation of laws in Vietnam in interpretation of laws Legal Professionals and Legal education in Vietnam 5A1 Understand the legal training curriculums 5A2 Define legal training methodology 5A3 Define legal professional in Vietnam 5B1 Analyze the the process of drafting legal training curriculum 5B2 Analyze the needs of changing legal training methodology 5B3 Analyze the standards of legal professional in Vietnam 6.2 Sumary of learning outcomes Level Level Level Units Unit Unit Unit Unit 3 Unit 3 Total 18 15 Level Sum 3 13 10 10 46 COURSE SCHEDULE/TEACHING PLAN 7.1 General course schedule Week Topic Lecture Seminar Team work 1 SelfStudy 3 4 2 4 2 3 5 10 = 10 credit hours 20 = 10 credit hours 10 = credit hours 15 =5 credit hours Total 5C1 Evaluate current legal training curriculum for undergraduate students 5C2 Evaluate the main teaching methods 5C3 Evaluate the procedure to become lawyer, judge, prosecutor Assignment Receive Group and Individual Assignment topicstopics Submit Group-Assignment - Teamwork oral presentation - Submit Individual assignment 7.2 Detailed schedule Week 1: Topic Forms of Credit Main contents teaching – Hours learning Lecture - Introduction to legal philosophy in Vietnam + Definition of legal philosophy + Legal philosophy in socialist country + Legal philosophy in other legal tradition (common law, civil law, islam) Seminar - Features of legal system in socialist country Seminar Differences of legal philosophy socialist vs capitalist contries Self-study - Legal philosophy of former soviet union Group work - Legal ideologies in Vietnam currently Consultation Assessment *Reading: Dr Phan Thi Lan Huong, Overview of the Vietnamese Legal System in * Reading - Groups choose discussed issues - Discussing in group - Legal terms - Reference documents Receiving individual and group assignment topic in Seminar Week 2: Topic Forms of Credit teaching – Hours learning Requirements for students’ preparation Lecture Seminar 1 Main contents Requirements for students’ preparation Influenced factors of legal system in * Reading: Vietnam − Dr Mai Hong Quy (Editor), + Socio - Economic conditions Introduction to Vietnamese + Traditional Culture, Beliefs, and Law, University of Law Religions Hochiminh City, Hongduc + Globalization and integration Publishing House, 2013 period (international cooperation) − Dr Phan Thi Lan Huong, Overview of the Vietnamese Legal System The influenced factors − Dr Mai Hong Quy (Editor), + WTO members Introduction to Vietnamese + ASEAN community Law, University of Law Hochiminh City, Hongduc Publishing House, 2013 Legal reforms in Vietnam − Dr Mai Hong Quy (Editor), Introduction to Vietnamese Law, University of Law Hochiminh City, Hongduc Publishing House, 2013 Seminar Groupwork Self studying Consultation - Purpose: Explaining and consulting about content and learning methods; instructing how to exploit learning resources Evalutating the main factors affect legal reform in Vietnam Tradition and culture influenced Week 3: Topic Forms of Credit teaching – Hours learning Lecture Seminar Seminar 2 Main contents Source of law * Reading + Concept source of law − Dr Phan Thi Lan Huong, + What are the sources of law in The Role of Vietnamese Vietnam Government in Legislation – In Comparison with Japan, CALE Discussion Paper No.11, 2014 − Law on Legal Normative Document (Law on Laws 2014) Consistency of the source of law Reviewing legality of legal normative documents Groupwork Court precedent Self - study - Consultation Requirements for students’ preparation Analyzing the current issues of legal documents in Vietnam - Purpose: Explaining and consulting about content and learning methods; instructing how to exploit learning resources Week 4: Topic Forms of Credit teaching – Hours learning Main contents Requirements for students’ preparation * Reading: Law interpretation and application - Bui Thi Bich Lien, Legal in Vietnam Interpretation and the Vietnamese + Law interpretation Version of the Rule of Law + Law application in Vietnam Lecture Seminar 1 Seminar - Law application Groupwork - Current issues of law application in Vietnam Self studying - Distribution of functions related to law interpretation Consultation Law interpretation Bui Thi Bich Lien, Legal Interpretation and the Vietnamese Version of the Rule of Law Bui Thi Bich Lien, Legal Interpretation and the Vietnamese Version of the Rule of Law - - Purpose: Explaining and consulting about content and learning methods; instructing how to exploit learning resources Assessment Submiting group assignment in Seminar Week 5: Topic Forms of Credit teaching – Hours learning Requirements for students’ preparation Legal education and professional + Legal education + Legal professional Seminar 1 - Reforming curriculum Seminar Groupwork training Dr Phan Thi Lan Huong, Overview of the Vietnamese Legal System - Reforming teaching methods Dr Phan Thi Lan Huong, Overview of the Vietnamese Legal System - Praticing law in Vietnam (lawyers) Self studying - Lecture Main contents Dr Phan Thi Lan Huong, Overview of the Vietnamese Legal System legal Legal education in globalization period Consultation - - Purpose: Explaining and consulting about content and learning methods; instructing how to exploit learning resources Assessment - Teamwork oral presentation in Seminar - Submitting individual assignment in Seminar ASSESSMENT No Type of assignment 01 group assignemnt and oral presentation 01 individual Assignment Final exam Rate Requirements 15% - Form: 5-7 page Essay (Appendix included, if any) - Content: Questions relating to the knowledge of whole course 15% - Form: 3-5 page Essay (Appendix included, if any) - Content: Questions relating to the knowledge of whole course - Form: written exam - Content: Questions relating to the knowledge of the whole course Total 100% 70% OTHER REQUIREMENTS - Plagiarism in any forms will result in FAIL for the related academic work - Cheating on any exam also results in FAIL to the student who commits the cheating andto the person who allows others to copy his/her work - No excuses for the ignorance of the guidelines for academic works set by Hanoi Law University ... legal system in Vietnam 2B3 Analyze how legal system responds to those factors 2C1 Evaluate some legal documents influenced by those factors 2C2 Evaluate the changes of legal system in globalization... Huong, Overview of the Vietnamese Legal System, http://www.academia.edu/7 325 321 /OVERVIEW_OF_THE _VIETNAMESE_ LEGAL _SYSTEM Bui Thi Bich Lien, Legal Interpretation and the Vietnamese Version of the... House, 20 13 period (international cooperation) − Dr Phan Thi Lan Huong, Overview of the Vietnamese Legal System The influenced factors − Dr Mai Hong Quy (Editor), + WTO members Introduction to Vietnamese