Teaching of law in english for advanced programs, international training cooperation programs and high quality programs in the universities in Viet Nam - Situations and expectations

In the International School (Vietnam National University, Hanoi), there are both graduate and undergraduate international joint-training programs in cooperation with t[r]

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International Conference Internationalization o f H igher Education: North-South Perspectives

TEACHING OF LAW IN ENGLISH FOR ADVANCED PROGRAMS, INTERNATIONAL TRAINING COOPERATION PROGRAMS AND HIGH

QUALITY PROGRAMS IN THE UNIVERSITIES IN VIETNAM - SITUATIONS AND EXPECTATIONS

Nguyễn Vũ Hoàng, Dr.

F a c u lty o f Law , N a tio n a l E c o n o m ic s U n iv e rs ity H anoi, V ie tn a m

Abstract

International cooperation is a major policy o f the Ministry of Education and Training identified as one of seven groups of critical tasks to innovate and develop higher education in Vietnam For years, advanced programs, international training programs and high quality training programs co-conducted by domestic universities and foreign university have grown significantly The international training programs are being developed in Vietnam in various models Advanced programs aim to train highly qualified students who have good English language competence and can adapt well to working environment

In recent years, the international training programs and high quality training programs have also been strengthened and developed Law teaching and education are also a major policy stated in the Constitution in 1992: "State creates conditions for comprehensive development of citizens, civic consciousness, education, living and work under the Constitution and law” The law subjects taught in advanced programs, international training programs and high quality training programs mainly focus on two subjects: The Introduction to Law and The Legal Environment in Business In addition, many other law subjects such as Common Law, Labor Law, Civil Law, Business Law and Com pany Law are also taught in m any countries namely the United States of America Australia, Malaysia J5ingapore.„and_so_on., The main advantage o f these programs is to create a deeper understanding of V ietnam ’s integration, grasp opportunities and learn foreign customs and law However, there is still a need fo r further study of things such as ways o f researching, teaching, technology transfer, learning materials, learning awareness o f students, etc This article only focuses on the programs with law subjects taught in English in Vietnam K e y w o rd s : Advanced programs, international training programs and high quality training programs, law teaching in English

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300 training programs o f international cooperation programs in Vietnam, in Thailand this number is 700 The international cooperation programs are being developed in Vietnam by the following models:

(i) The advanced training programs conducted in English in cooperation with outstanding partner universities in the world, authorized by the Ministry of Education;

(ii) The international-leveled universities established and invested by the Government of Vietnam, with high autonomy but can get support from or cooperate in training with foreign partners;

(iii) Universities in Vietnam can establish institutes, faculties and international training centers in collaboration with the foreign university partners to organize international training cooperation programs;

(iv) Multi-branched international universities;

(v) International universities managed and administrated by foreign investors; (vi) Private international universities

This article takes a deep insight into the ways of teaching law subjects in English for the above programs Advanced programs aim to train highly qualified students with good English language ability and those who can adapt well to the working environment This is a program designed and constructed with the training facility standard applied at top 200 universities, respective educational institutions in the world or the top 20% of the best training programs in the ranking of the training testing associations, educational testing institutions at the national or international level The program content is designed suitable to socio- eco development of Vietnam and the implementation capacity of the universities They are all taught in English

The advanced programs, international training programs and high quality training programs in Vietnam’s universities are generally quite developed, including the University o f Economics (Vietnam National University, Hanoi), International School (Vietnam National University, Hanoi), National Economics University, Hanoi University of Technology, Vietnam National University - Ho Chi Minh City, and Da Nang University There is a trend to focus on teaching law in these programs, especially at the bachelor program

A t the National Economics University, the advanced training program has two majors: Finance and Accounting Students study the program of the University of California, Long Beach (CSULB) (the United States) This program is conducted entirely in English In high quality training programs, subjects such as audit, investment, banks, international business administration and enterprises administration are taught in both Vietnamese and English

The law subjects taught in advanced programs and high quality programs mainly focus on general laws (the fundamental concepts on Law in business), and Legal Environment of Business (Business Law) In details, some subjects between the two programs might be slightly different in name, but they are quite similar in teaching method, and inner content

In addition, there are many international joint-training programs in English taught in the National Economics University such as: the bachelor program in international business administration (IBD) in cooperation with the United Nations Educational Edexcel International (UK) and University o f Sunderland (UK); Monetary, Banking and Financial program (with the University o f W est of England, UK), actuary

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master program (with the University o f Lyon 1, France), Master of Business Administration program (with Boise State University, USA), MBA Program CFVG (France), Master of Public Management (with the Freedom University of Brussels, Belgium), Master Programs in cooperation with the National University of Laos, Master Program o f International Accounting (with Swinburne University of Technology, Australia) Law subjects are compulsory in these programs: Introduction to Law, Business Law (in Advanced programs, Boise state master program, Master programs co-conducted with Laos universities, CFVG master program, Actuary master program), Introduction to Law (in High quality program), Common Law (in IBD program), Labor Law (in Actuary program and Vietnam-Belgium m aster program), Civil Law System (in Actuary master p ro g m )

In the International School (Vietnam National University, Hanoi), there are both graduate and undergraduate international joint-training programs in cooperation with the University of East London (the UK), University of Northumbria (the UK), Edith Cowan University (Australia), HELP University (Malaysia), Keuka College (the US), University of Illinois (the US), etc.; and law subjects are covered in these programs; for example, Introduction to Law, Social, Ethics and Legal Environment in Business (University of Illinois), Legal Environment in Business (Keuka), Australia Corporation Law, Malaysian Corporation Law, and Malaysian Business Law (HELP University)

In the University of Economics (Vietnam National University, Hanoi), there are international undergraduate programs in cooperation with Troy University (the United States), Massey University (New Zealand), and Master of Business Administration with Troy University (the United States) Some taught law subjects are: Introduction to sta te and Law, Business Law, Business Law o f the United States, Social and Legal Environment in Business (bachelor program), Introduction to Law and Business (Troy master programs)

The University of Economics in Ho Chi Minh City is implementing joint Bachelor o f Commerce and Administration program with the University of Victoria (New Zealand) One of the required subjects in this program is Policy, Law and Commerce; and an optional subject is Commercial Law There is also the joint-training program with Curtin Business School (CBS) under Curtin University of Technology (CUT) (Australia) Two law subjects required in this program are the Legal Framework and the Law of Contract delivered by both Vietnamese and Australian lecturers The University of Economics in Ho Chi Minh City also condũctsllĩẽTCFV F lra in !ng program wfiicfilncluclesTnternati0naI BUsiness Law courses

The other universities have gradually focused on the international joint-training programs wherein students are provided law courses For example, the joint master training program by the University of Commerce (Vietnam) and the University of Krems (Austria) provides law subject: Legal Aspects of Mergers and Acquisitions; the International accounting joint bachelor program by the Banking University in Ho Chi Minh City and the University of Bolton (England) includes law courses: Introduction to Law, Corporation Law and Taxation Law

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However, law training contents in high-quality and internationally joint programs in English are still limited in Vietnam Only few programs in the master level provide law courses, for instance, master of law program co-con ducted by Hanoi University of Law and the University of W est of England, Master of Comparative Law by Hanoi University of Law and University o f Lund (Sweden), Master of Law, specialized in the International Economic Law by University of Law, Ho Chi Minh City and England Western University, leadership master program in justice by People's Police Academ y and the University of Maryland (USA) Among such programs, School of Law (VNU, Hanoi) has high-quality programs which recruits only 30 students per intake Lecturers taking charge of teaching activities in these classes are leading professors in the legal fields After graduation, law students are granted with high- quality bachelor degrees In the level of bachelor, only the University of Law in Ho Chi Minh City has gradually implemented the high- quality training programs These special training programs are aimed to provide students with high quality standards o f teaching (knowledge, skills and foreign languages), meet the demand for training skilled human resources for state offices, law offices, law firm s and enterprises in the context of global integration Specific objectives of high quality law bachelor training program is bound to master the law in Vietnam, understand some aspects of foreign law (such as contract law, corporation law ), practice.the basic skills of the legal profession and enable to use English fluently In 2011-2012, the University of Law in Ho Chi Minh City has been admitting nearly 250 students for these above special programs

These students were divided into classes which comprise high-quality law bachelor classes, law bachelor class with high quality standards, law bachelor class with intensive training in French and in Japanese Students admitted to these classes will be fostered to improve foreign language skills and taught law in English, French or Japanese, which depend on their program enrollment Students of high quality program will learn some foreign law subjects and Vietnamese law in English by Vietnamese or foreign professors and advocates

There are some differences in the international training co-operation programs in terms o f requirements Some programs require lecturers to submit their complete obligatory teaching contents, guideline documents (including program outlines, lecture notes, test bank ), however, others only ask for an oriented framework Alternatively, several programs merely set out the requirements on textbook and lecturers have right to implem ent the teaching job but just a few programs allow lecturers to take full responsibility

Once enrolling in these training programs, students will receive technology support from outstanding universities in the world under the guidance of foreign professors and lecturers involved In addition to specialized knowledge, students have many opportunities to enhance other oriented training activities, develop soft skills (research skills, teamwork skills, presentation skills, problem-solving skills ) and access enterprises to help them quickly grasp knowledge and skill, build up their self- confidence, dynamism and creativity

3 Putting law subjects in the advanced programs, international training cooperation programs and high quality programs is reasonable and consistent in the context of international integration Teaching and

training law are one o f m ajor policies o f our sta te recognized in the Constitution of 1992: "State creates

conditions for comprehensive development of citizens, civic consciousness education, living and working under the Constitution and law " Therefore, the teaching of law in the form s o f advanced programs, internationally joint programs and high quality programs should be further encouraged and developed Thanks to such programs, students will be provided with a broad overview o f institutions in business law and they can understand the legal systems in business in the world, which is one of key initial components to forge the consciousness of law conformity and performance of the law students

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In general, the law teaching for advanced programs, international training cooperation programs and high quality programs has many advantages:

1 Provision of foreign language skills fo r students Hịnh!'/ competitive learning environment International standards curriculum

4 W ell- facilitated classrooms, international standard equipments

5 Highly qualified lecturers with education and training in advanced countries

However, beside the advantages as mentioned above, it should not ignore the following difficulties and inadequacies in the process of teaching law courses for the advanced programs, international training cooperation programs and high quality programs:

Firstly, the documentation system is insufficiently supported to learn law in the advanced programs, international training cooperation programs and high quality programs because the volume of law books is somewhat limited for student's research Actually numerous efforts have been put to collect materials for the teaching of law in the advanced programs, international training cooperation programs and high quality programs, however, the number of books are in short supply and out o f date without adequate guidebooks or test bank

In fact, teaching materials are available and can be collected from a variety o f sources through websites, reference books, to name but a few "Disputes arising from export and import contracts- arbitration case law and experience” by Hoang Ngoc Thiet published in National Politics Publishing House in 2002, "50 international arbitral awards" by Vietnam International Arbitration Centers (VIAC) in 0 ," Questions and Cases in International Business Law” by Nguyen Vu Hoang published in Statistics Publishers in 2001, the announcement of the judgm ents o f the Supreme People's Court, the articles in scientific journals as the People's Court Journal, Prosecutor Journal, Law Newspaper, Vietnam Economic Times, Court Scientific Information o f Institute on Judicial Science (Supreme People's Court)

Many foreign channels of information can also be exploited such as books on business law of the United Kingdom and the United States including a wide range of useful law cases, books on dispute resolution by court and arbitration (International Litigation and Arbitration), books on the International Business Law, the Principles o f International Commercial Contract (PICC) of UNIDROIT

Secondly, training programs basically focus on teaching business law and legal systems of the countries as the United States, the United Kingdom, Australia, Malaysia, and Singapore (advanced programs, international training cooperation programs) and business law and legal system o f Vietnam (high- quality programs), or deeply focus on specific topics such as Legal Aspects of Mergers and Acquisitions, Labor Law

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Thirdly, self-studying consciousness among Vietnamese students is still poor and difficult to improve in the near future

Fourthly, students' knowledge in international training cooperation programs is uneven; some programs require non high input, leading to difficulties when transmitting law knowledge, which have the knowledge o f law

Fifthly, entry requirements for high-quality programs are not really different from other programs

Sixthly, the consciousness o f law obedience in some sections of citizens is not high As a result, this can partly affect the process and result of legal education, especially those new fields in Vietnam including competition law and antitrust law, consum er protection law, law on m erger and acquisitions, law on franchise, law on international commerdial arbitration

Seventhly, English term inology in law is complicated and difficult Therefore, it is necessary to have specialized dictionaries for reference In some special programs such as advanced programs of the U.S standard, we can create conditions for advanced program students to research both Vietnamese and English language in foreign and Vietnam legal systems Materials can be utilized from various sources (bilingual documents, websites about foreign law, the Vietnamese law) in training materials to senior auditors of ACCA by training company FTMS Global This is the material used for teaching the Vietnamese Corporate and Business law, with regular updates required by the ACCA exams

4 These advantages and challenges require reasonable considerations based on the modern trend but must conform to the present circumstances of Vietnam I personally believe that to further improve the quality of teaching law courses for the advanced programs, international training cooperation‘ programs and high- quality programs; we need to ensure the following factors:

Firstly, the lecturers must develop reasonable teaching methods to promote effective cooperation from the students Before starting a lecture, the lecturers should consider the following questions:

i What central issue should be clarified?

ii What other issues should be noted in the process of case settlement?

iii W hether or not students have knowledge of the content that teachers present intentionally? iv Which levels o f knowledge are students in? How can students obtain that knowledge?

V Which roles the lecturers play in the teaching method of case study- actively participate and when should the direction to different approach be changed? Should the lecturers elicit students with broader or narrower question?

vi Which students will be asked to express their opinions and make their own arguments? It should be better to actively promote case study in teaching of law in which students play active roles while lecturers act as instructors guiding how to select cases for study, references More accurately, students in groups are assigned to take charge of different parts of their work namely the facts o f the case, the legal reasoning, arguments of the involved parties, the judgments, awards These groups will then make reports on their opinions and conclusions Their opinions can be presented in different form s such as discussing, debating, awards, and paneling opinions

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Secondly, it is important to upgrade law libraries including digital libraries where each subject must have at least 10 references

Thirdly, the transfer of technology from abroad in the advanced programs, international training cooperation programs and high quality programs should be appropriate to Vietnam ese context in general, and to teaching situation of law in particular This can ensure that Vietnam ese students can have appropriate conditions to practise their profession in Vietnamese context

Finally, to ensure practicality o f the training process of law and guarantee compliance with the law practice in Vietnam, the program can provide students more information about the legal profession, law firms, lawyers and professional legal consultancy in Vietnam Obviously, such helpful information is still limited in many law training courses in Vietnam The processes of teaching and training law for enterprises in Vietnam prove the facts that they are still lacking necessary information about the legal profession, law firms, lawyers and professional legal consultancy offices in Vietnam Consequently, it results in difficulties right after establishment of enterprises (such as drafting charters, pre- company contracts), or changes during the operation periods in enterprises (enterprise transformation, mergers and acquisitions ), even for litigation and arbitration

In summary, the formation and development of the advanced programs, international training cooperation programs and high quality programs contribute to the process of learning, receiving training technology from abroad Teaching law in these programs is not only for international purposes, but also for providing students with an overview of the legal institutions in the business by initially forming law consciousness

REFERENCES

1 Advanced training programs in finance and advanced training programs in accounting National Economics University

2 The high -quality training programs for auditing, investment, bank, enterprises administration and international business administration National Economics University

3 International training program between National Economics University with the University of Sunderland (UK), University of Lyon (France), Free University of Brussels (Belgium), National University (L a o s )

4 International training cooperation program between the University of Economics (Vietnam National University, Hanoi) with Troy University (the United States)

5 International level bachelor's programs Economics University (Vietnam National University, Hanoi) International training cooperation program between the International Training Institute (Hanoi

University o f Technology) with Troy University (the United States)

7 The International training cooperation program between the University o f Commerce with the University of Krems (Austria)

8 International training cooperation program between the International School (Vietnam National University, Hanoi) in collaboration with the University of East London (UK), Northumbria University (UK), Edith Cowan University (Australia), University o f Keuka (the United S ta te s )

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10 Reed, Shedd, Morehead, Pagnattaro: "The Legal and Regulatory Environment of Business" 14th Edition; Me Graw-Hill Irwin Company, 2008

11 Barnes, Dworkin, Richards: "Law fo r Business" 10th Edition; McGraw-Hill International Edition, 2009 12 Twonmey-Jennings' Anderson's Business Law and The Legal Environment 2011 Cengage

Learning

13 Clarkson-Miller-Cross: "Business Law - Text and Cases" Legal, Ethical, Global, and Corporate Environment South - W estern 2011 Cengage Learning

14 As Level Law Cavendish Publishing Limited 2003 15 Introduction to Law Fouth Edition Prentice Hall 2010

16 Introduction to the Law and Legal System of the United States W est Publishing Co 1995 17 Pheng Mai Lee: "General Principle o f Malaysian Law" 5th Edition Oxford Fajar Sdn Bhd 2005 18 Nguyen Vu Hoang: "Corporate and Business Law" Textbook FTMS Global Company 2011 Author 19 Nguyen Vu Hoang: "The legal documents on business law in Vietnam " Textbook FTMS Global

Company 2011, Author

20 http://www.icann.org: the case has been accepted and the full text of the decision announced by ICANN

21 http://www.intracen.org: Model contract o f international trade center fo r international purchasing perishable goods

22 http://www.iccwbo.org: Model contract of the International Chamber of Commerce

23 http://www.unidroit.org/english/principles/contents.htm: Examples o f analysis of the principles of international commercial contracts

24 http://www.globalsaleslaw.org/index.cfm ?pagelD=28;

25 http://www.cisg.law.pace.edu/: All disputes related to international sales contract 26 http://www.wto.org

27 http://www.worldtradelaw.neư: Decisions within the World Trade Organization (WTO) and Area North American Free Trade (NAFTA)

28 http://www.icsid.org: Decisions o f ICSID investment arbitration

2 http ://w w w /so tayth am p h an.g ov.vn ;

30 http://www.vibonline: The judgm ent o f the Court o f Vietnam