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.
Trang 1HANOI LAW UNIVERSITY
MODULE OUTLINE INTRODUCTION TO VIETNAMESE LEGAL SYSTEM
HANOI - 2017
Trang 2HANOI LAW UNIVERSITY FACULTY OF LAW
Training service: Full-time - Bachelor of Law
Subject: Introduction to Vietnamese Legal System
Credit Units: 02
Course type: Optional
1 INFORMATION ABOUT LECTURERS
1 Phan Thi Lan Huong PhD phanhuongdhl@gmail.com
2 Le Nam Huong Expert Visiting lecturer_UNDP
3 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
2 SUMMARY OF SUBJECT
Legal system is different from a country to country because of differences in history, socio-political 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.
3 CONTENT OF SUBJECT
Topic 1: Vietnamese legal philosophy
1 Legal ideologies in Vietnam in general
2 Legal ideologies of socialist model
3 Comparative study with other legal system (common and civil law tradition)
Topic 2: Influenced factors of legal system in Vietnam
1 Socio - Economic conditions
2 Traditional Culture, Beliefs, and Religions
3 Globalization and integration period (international cooperation)
Topic 3: Source of law
1 Concept source of law
2 What are the sources of law in Vietnam
3 Comparative study with some selected countries (US, UK)
Topic 4: Law interpretation and application in Vietnam
1 Law interpretation
2 Law application in Vietnam
Topic 5: Legal Professionals and Legal education in Vietnam
1 Legal training curriculum
Trang 32 Legal training methodology
3 Judges
4 Prosecutors
5 Lawyers
4 OBJECTIVES
Students who successfully complete this subject should:
1 Understand the nature of Vietnamese legal system
2 Be aware of the influencing factors of Vietnamese legal system
3 Be familiar with the sourse of law, law interpretation and application in Vietnam
4 Understand about legal education and legal professional in Vietnam
5 Be able to identify the differences between Vietnamese legal system with the other legal system (common law and civil law in some selected countries
5 TEXT AND READINGS
A MANDATORY READINGS
1 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.nagoya-u.ac.jp/_userdata/CALE%20Discussion%20PaperNo11.pdf
2 Dr Mai Hong Quy (Editor), Introduction to Vietnamese Law, University of Law Hochiminh City, Hongduc Publishing House, 2013
3 Dr Phan Thi Lan Huong, Overview of the Vietnamese Legal System,
http://www.academia.edu/7325321/OVERVIEW_OF_THE_VIETNAMESE_LEGAL _SYSTEM
4 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
1 Vietnam Constitution 2013
2 Vietnam Law on Promulgation of Legal Normative Document
3 Vietnam Law on Organization of Court 2014
4 Vietnam Law on Lawyer
C OPTIONAL READINGS
1 Dervort, Thomas R Van American Law and the Legal System: Equal Justice Under the Law Cengage Learning, 2000.
2 Mwenda, Kenneth Kaoma Comparing American and British Legal Education Systems: Lessons for Commonwealth African Law Schools Cambria Press, 2007.
3 Slapper, Gary, and David Kelly The English Legal System Taylor & Francis, 2017.
6 LEARNING OUTCOMES
6.1 Detailed learning outcomes
Objective
1.
Vietnamese
1A1 Define legal philosophy
characteristics of socialist
1C1 Evaluate the legal
philosophy in Vietnam
Trang 4philosophy
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)
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
1C2 Evaluate the others legal philosophy (concentration of power – Maxian tradition vs separation of power)
2.
Influenced
factors of legal
system in
Vietnam
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
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
influenced by traditional cultures
3
Source of law
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
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
4.
Law
interpretation
and
application in
Vietnam
4A1 Understand the
interpretation and application in Vietnam
4A2
Understand process and
interpretation the laws in Vietnam
4A3 Define the functions of state ograns
in interpretation of laws
4B1 Analyze the process
of interpretation and application
4B2 Analyze the procedure to interpret the laws
4B3 Analyze the
interpretation of laws in Vietnam
Vietnam’s rule on reviewing legality of law intepreation
Vietnam’s rule on law application
5 5A1 Understand the 5B1 Analyze the the 5C1 Evaluate current
Trang 5Professionals
and Legal
education in
Vietnam
legal training
curriculums 5A2 Define legal
training methodology
5A3 Define legal professional in Vietnam
process of drafting legal
training curriculum
5B2 Analyze the needs
of changing legal training
methodology 5B3 Analyze the
standards of legal
professional in Vietnam
legal training curriculum for undergraduate students
5C2 Evaluate the main
teaching methods
5C3 Evaluate the
procedure to become lawyer, judge, prosecutor
6.2 Sumary of learning outcomes
Level
7 COURSE SCHEDULE/TEACHING PLAN
7.1 General course schedule
Week Topic Lecture Seminar Team work
Self-Study
Assignment
Individual Assignment topicstopics
- Teamwork oral presentation
- Submit Individual assignment
Total
= 10 credit
hours
= 10 credit
hours
= 5 credit
hours
= 5
credit hours
7.2 Detailed schedule
Week 1: Topic 1
Forms of
teaching –
learning
Credit Hours
students’ preparation
Lecture 2 - Introduction to legal philosophy in
Vietnam + Definition of legal philosophy
*Reading:
Dr Phan Thi Lan Huong, Overview of the
Trang 6+ Legal philosophy in socialist country + Legal philosophy in other legal tradition (common law, civil law, islam)
Vietnamese Legal System
Seminar
1
1 - Features of legal system in socialist country
Seminar
2
1 Differences of legal philosophy in socialist vs capitalist contries
* Reading
Self-study 1 - Legal philosophy of former soviet union
Group
work
1 - Legal ideologies in Vietnam currently - Groups choose discussed
issues
- Discussing in group
Consulta-tion
- Legal terms
- Reference documents
Assessment Receiving individual and group assignment topic in Seminar 1
Week 2: Topic 2
Forms of
teaching –
learning
Credit Hours
Main contents Requirements for students’
preparation
Lecture 2 Influenced factors of legal system in
Vietnam
Socio - Economic conditions
Traditional Culture, Beliefs, and Religions
Globalization and integration period (international cooperation)
* Reading:
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
Seminar
1
1 The influenced factors + WTO members + ASEAN community
Dr Mai Hong Quy (Editor), Introduction to Vietnamese Law, University of Law Hochiminh City, Hongduc Publishing House, 2013 Seminar
2
1 Legal reforms in Vietnam Dr Mai Hong Quy (Editor),
Introduction to Vietnamese Law, University of Law Hochiminh City, Hongduc Publishing House, 2013
Group-work
1 Evalutating the main factors affect legal reform in Vietnam
Trang 7Self
-studying
1 Tradition and culture influenced
Consulta-tion
- Purpose: Explaining and consulting about content and learning methods;
instructing how to exploit learning resources
Week 3: Topic 3
Forms of
teaching –
learning
Credit Hours
Main contents Requirements for students’
preparation
Lecture 2
Source of law
Concept source of law
What are the sources of law in Vietnam
* Reading
Dr Phan Thi Lan Huong, The Role of Vietnamese Government in Legislation – In Comparison with Japan, CALE Discussion Paper No.11, 2014
Law on Legal Normative Document (Law on Laws 2014)
Seminar
1 1 Consistency of the source of law
Seminar
2 1 Reviewing legality of legal normative
documents
Group-work
1 Court precedent Self - study 1 - Analyzing the current issues of legal documents in Vietnam
Consulta-tion
- Purpose: Explaining and consulting about content and learning methods; instructing how to exploit learning resources
Week 4: Topic 4
Forms of
teaching –
learning
Credit Hours
Main contents Requirements for students’
preparation
Lecture 2 Law interpretation and application
in Vietnam
Law interpretation
Law application in Vietnam
* Reading:
- Bui Thi Bich Lien, Legal Interpretation and the Vietnamese Version of the Rule of Law
Trang 81
1 Law interpretation Bui Thi Bich Lien, Legal
Interpretation and the Vietnamese Version of the Rule of Law
Seminar
2
1 - Law application Bui Thi Bich Lien, Legal
Interpretation and the Vietnamese Version of the Rule of Law
Group-work
1 - Current issues of law application in Vietnam
Self
-studying
1 - Distribution of functions related to law interpretation
Consulta-tion
- - Purpose: Explaining and consulting about content and learning methods;
instructing how to exploit learning resources
Assessment Submiting group assignment in Seminar 3
Week 5: Topic 5
Forms of
teaching –
learning
Credit Hours
Main contents Requirements for students’
preparation
Lecture
2 Legal education and professional
Legal education
Legal professional
Dr Phan Thi Lan Huong, Overview of the Vietnamese Legal System
Seminar
1
1 - Reforming legal training curriculum
Dr Phan Thi Lan Huong, Overview of the Vietnamese Legal System
Seminar
2
1 - Reforming teaching methods Dr Phan Thi Lan Huong,
Overview of the Vietnamese Legal System
Group-work
1 - Praticing law in Vietnam (lawyers)
Self
-studying
1 - Legal education in globalization period
Consulta-tion
- - Purpose: Explaining and consulting about content and learning methods;
instructing how to exploit learning resources
Assessment - Teamwork oral presentation in Seminar 3
- Submitting individual assignment in Seminar 3
8 ASSESSMENT
No Type of
assignment
Rate Requirements
Trang 91 01 group
assignemnt
and oral
presentation
15% - Form: 5-7 page Essay (Appendix included, if any)
- Content: Questions relating to the knowledge of whole course
2 01
individual
Assignment
15% - Form: 3-5 page Essay (Appendix included, if any)
- Content: Questions relating to the knowledge of whole course
3 Final exam 70% - Form: written exam
- Content: Questions relating to the knowledge of the whole course
Total 100%
9 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