This can be explained by the following reasons: first, the Standing Committee of the National Assembly does not have materials from life, from the people to balance wi[r]
Trang 1IMPACTS AND REQUIREMENTS OF GLOBALIZATION
ON STATUTORY INTERPRETATION IN VIETNAM
Pham Thi Duyen Thao 73 * Phan Thi Lan Phuong 74**
Statutory Interpretation (SI) is an indispensable process set by the law and the relationship between law and life "The development of interpretation is always present and indispensable, but it is simple and often goes unnoticed." 75
SI has many concepts, for example: " SI is an activity related to defining normative messages that appear from the text " 76; " SI is an activity to find meaning and understand the purpose of the author of legal documents 77; or "SI is to rebuild the idea that the author wants
to convey through the provisions of those legal documents" 78
Each concept approaches SI in different aspects, however, the most widely used is that
SI is the definition of activities to determine the exact meaning and content of the law Therefore, recognizing and implementing the law properly and consistently
1 Generals of the SI model in Vietnam
In Vietnam, SI was first mentioned in the Decree No 191 dated October 1, 1946, on the establishment of a Political and Administrative Inspectorate at the Ministry of the Interior signed by President Ho Chi Minh Later, it was regulated in the Vietnamese Constitution in
1959 (Article 53), the Constitution in 1980 (Article 100), the 1992 Constitution (Article 87) and the 2013 Constitution (Article 74), and were specified in the Law on Organization of the National Assembly in 2014, the Law on the Promulgation of Legal Normative Documents in
2015 (Chapter XIV), the Regulations of the Standing Committee of the National Assembly The model of SI in Vietnam is shown in the following basic features:
The official authoritative entity of statutory interpretation in Vietnam is the Committee of the National Assembly, this department agency, regulates activities on behalf of the National Assembly
The main objective of SI includes the Constitution, laws, ordinances, international treaties; Conditions to conduct SI: when "the provisions of the Constitution, laws, and ordinances have a different interpretation.79";
The subjects with the right to request for SI are: President, National Council, Committee of National Assembly, Government, Supreme People's Court, Supreme People's Procuracy, State Audit, and Central Committee of the Vietnam Fatherland Front, Central agency of member organizations of the Front and National Assembly deputies;
73
Dr of Law, School of Law, Vietnam National University, Hanoi
74
75 Aharon Barak (2005), Purposive Interpretation in Law, Princeton Uni, p.245
76 K.Larenz (1983), The method of recidivism, Macmillan Publishing Co., New York, p.230
77 F.V Hawkins (1860), On the Principles of Legal Interpretation, Reprinted in Thayer, Preliminary Theatise on Evidence, p 298
78 Canada Interpretation Act (1980), Published by Alberta Queen's Printer, p.20
79 Article 158 of Vietnam Law on promulgation of legal documents in 2015
Trang 2The goal of the SI product is Resolution Resolution of the Standing Committee of the National Assembly interprets the Constitution, laws, ordinances, international treaties applied together with the text that is interpreted;
Principles for interpreting the Constitution, laws and regulations: true to the spirit, purpose, requirements, directing points for promulgating the Constitution, laws, and ordinances; suitable for the content and language of the Constitution, laws, and ordinances; do not modify, add or set new rules
The process of SI of the Standing Committee of the National Assembly is:
Step 1: The Government, the Supreme People's Court, the Supreme People's Procuracy, the National Council, or the Committee of the National Assembly is assigned to draft a resolution interpreting the Constitution, laws, and ordinances to submit to the Standing Committee of the National Assembly (the specific subjects assigned will depend on specific legal provisions that need interpreting in the relevant field)
Step 2: the Standing Committee of the National Assembly assigns the National Council or Committee of the National Assembly to verify the appropriateness of the draft resolution interpreting the Constitution, laws, and ordinances with the spirit and content of the text
Step 3: the Standing Committee of the National Assembly considers and approves the draft resolution to interpret the Constitution, laws, and ordinances in the following order:
a) Representatives of assigned agencies prepare, present and read the whole draft of the interpretation resolutions;
b) Representatives of the agency in charge of verification shall present a verification report; c) Representatives of agencies, organizations, and individuals are invited to attend the meeting to express their opinions,
d) The Standing Committee of the National Assembly will discuss;
e) The chairman of the meeting concludes;
f) The vote of the Standing Committee of the National Assembly;
g) The National Assembly chairman signs a resolution interpreting the Constitution, laws, and ordinances
After being passed, the Resolution of the Standing Committee of the National Assembly interpreting the Constitution, laws and ordinances is published in the Official Gazette, posted on the National Portal of the National Assembly and published and reported according to regulations defined in Articles 150 and 157 of the Law on Promulgation of Legal Documents in 2015
Because of this, Vietnam belongs to the legislature‘s SI model The official SI according to the law is the activity that takes place after the legislative activity, during the process of applying the law, when encountering difficulties Under this model, the SI power
of the legislature is often recognized by the constitution as an independent right This can
Trang 3make the boundary between SI and additional legislation sometimes unclear The members
of the SI authority often work part-time, besides the SI function, they also undertake many other activities under the authority recognized in the constitution and the law Other entities, such as judicial agencies and law enforcement agencies, are not given the official rights (even if they have it, it will only be by delegacy) The objects and subjects with the right to request SI are restricted
2 The effects of globalization on SI in Vietnam
Globalization, in a broad sense, refers to the movement of the history of human society from being individual parts and countries that are relatively independent and separate
to forming strong links, interacting and interdepending globally on all aspects of the life of society (which is the foundation of economic integration) with the formation of international organizations and institutions to manage and adjust those global activities80
The process of globalization in each country is not quite the same "For Vietnam, after the liberation of South Vietnam on April 30, 1975, the Government took over the membership
of two international organizations, namely the International Monetary Fund (IMF) and the World Bank (WB) of Saigon government Although the financial transactions between the parties were still sparse and ineffective "81After 1980, Vietnam built a "mixed economic model.‖82
as much of the trend of international integration of socialist countries at that time, it was: planning, economic stability, and income redistribution The policy of building a socialist-oriented market economy is clear evidence for this model as well as the process of globalization in Vietnam
As in other areas of legal life, globalization has been impacting SI in Vietnam, from the model and awareness to practical operation
- Globalization is affecting the spatial scope and nature of SI in Vietnam
SI activities in Vietnam take place within an independent territory - an absolute environment to distinguish it from an external "anarchy" environment When interpreting the law, the power of the state is supreme within the national territory, other relevant subjects are governed by that state's self-reliance and supremacy power
However, global factors such as internet connections, interdisciplinary, multinational flows of services, goods, finance, and demographics have broken geographical space, causing the demarcation between inside and out to become blurry "The process of globalization underway to- day entails the weakening of the Westphalian frontier "83
In the global trend, policies to attract foreign investment, tourism development, labor export have increasingly contributed to the independence of territorial space and social
80 Mai Thi Quy (2009), Globalization and the problem of inheriting some traditional values of the nation in the context of globalization today, Social science publishing company, Hanoi, p.17
81 La Con (2009) Globalization begins a new cycle, National Politics publishing company, p.230
82 P Samuelson, January 1980, The view of the American, the seminar on the subject "American economy in transition", organized by the The National Bureau of Economic Research (NBER)
83
Paresh Kathrani (2009), Globalization and law: The effect of globalization on the domestic interpretation of law, p.127
Trang 4space SI in Vietnam is not outside of that movement, it is influenced by global factors in terms of scope and object to the content of the legal issues that need to be clarified " states
do not have to, nor they should be expected to surrender their national identity; but they can all agree, for reasons of globalisation, just to adopt a universal standard for the interpretation
of legislation that will accord people everywhere the same basic existential values by which to lead their lives in order to avoid existential angst and conflict"84
"Countries join together in forums like the United Nations, the European Union, and other regional and international groups to build rules that they believe will benefit the people, and once
a rule is to be enforced, a country must act honestly according to it Including interpreting its periphery rules accordingly, "countries should also take into account the broad global factors in general interpretation of rules in their own territory.‖ Not only that, " It is suggested that a state ought to take into account the broader ramifications of globalisation not only when it implements a treaty, but in interpreting any of its external rules in general "85
SI scope and nature in Vietnam will be directly affected by the changing process of sovereignty and national capacity in international exchanges SI processes and products will
be subject to constraints from regional or global agreements The SI system is based on the sovereignty principle; the monopoly of SI products from the state will have to share their position with other SI forms, under the impact of globalization The new SI rule system, in accordance with the requirements of the subjects of globalization, will be established, and it cannot be just a state-owned product In addition to sources of traditional legal systems of state origin, there will be an objective system of SI to meet the requirements of globalization, including explaining the provisions of "global law.‖ legal regulations form from international trade practices, international legal practices, wills, contracts, or normative forms set by professional associations
- In the age of globalization, The state no longer always plays a central role in the
SI process
Since its inception, states have always played a central role in the legislative, executive and judicial processes However, in the context of globalization, non-state actors are increasingly influential The country is forced to open exchange and cooperate internationally This has created opportunities for organizations such as the United Nations, WTO, WB, IMF, to have international activities, covering almost every aspect of political, social, economic life and can connect people, potentially interfering with the political decisions of the state These organizations all incorporate strict lending conditions into their loans, imposing political demands related to democratization and privatization, which can undermine the traditional rules of prohibiting intervention This can affect the internal affairs of sovereign nations In addition, the development of global civil society is creating a series of spaces for
84 Paresh Kathrani (2009), Globalization and law: The effect of globalization on the domestic interpretation of law, p.126
85 Paresh Kathrani (2009), Globalization and law: The effect of globalization on the domestic interpretation of law, p.124
Trang 5the common power, which is beyond the national scope The distribution of domestic and foreign political power is also being affected by groups of people who unite on the basis of ethnicity, common religion or other reasons with a very diverse scale and purpose86
Like most developing countries in Asia, the Middle East and Africa, after escaping colonialism, the position of the Vietnamese state is considered as ''only the state has the capacity to mobilize mobilizing natural resources and resources to achieve rapid economic growth and at the same time minimizing social injustice"87 The state is the representative of the great unity block of the population The connection between the state and the people comes from the tight binding of the nationality mechanism, the redistribution mechanism of social wealth, especially the period of centralized subsidy in Vietnam The state, therefore, plays a dominant role in explaining the law: the interpretation of law coming from competent entities in Vietnam has been considered to be the most official method; there is almost no legal mechanism for unofficial SI The process of explaining the law, the SI products are rarely subject to supervision or criticism of non-state actors This is because non-state entities are not entitled to request legal explanations
Currently, global factors such as migration on regional or world level, the rise of the elite, the participation of civil society organizations and national organizations into the legal life of the country have made certain bonds between the state and the people to differ More and more Vietnamese are participating in the labor export market, the upper class is growing
in Vietnam88, the process of registration and acquiring citizenship is quite open, and the mechanism to attract foreign investment has diversified Vietnam domestic population components "Participation in global activity has truly undermined the notion of belonging to
a certain ethnic community of the transnational elite.‖ A study investigates public opinion in
1980 have shown that the higher the incomes and education levels, the lower the loyalty (to the country) These people often say that they are willing to leave their homeland if that means their income will double."89
As one of the countries most severely affected by climate change, environmental pollution also poses risks of cultural and social changes, making the state and other social forces share common concerns, increase their connections and participation of non-state entities in the legal life The enactment, enforcement, and monitoring of political decisions in Vietnam have gradually ceased, and increasingly promote the participation of civil society organizations in addition to the member organizations of Vietnam Fatherland Front This is a positive sign of transformation in the relationship among the state, people and non-public institutions in the context of globalization
86 Dr Bui Viet Huong – Dr Tran Van Thang, The dispersion of political power in the context of globalization, Ho Chi Minh National Academy of Politics, http://lyluanchinhtri.vn/home/index.php/dien-dan/item/2782-su-phan-tan-quyen-luc-chinh-tri-trong-boi-canh-toan-cau-hoa.htm
87 Pham Thai Viet (2008), The issue of adjusting the function and institution of the state under the impact of globalization, Social science publishing company, Hanoi, p.83
88 According to the Wealth Report, the number of millionaires in Vietnam is expected to increase from the current 14,300 to 38,600
in the next 10 years http://ecoparkgrand.com/tin-du-an/co-mot-gioi-sieu-giau-rat-khac-o-viet-nam/, accessed at 5.32 PM
89
Adam Clymer 11/12/1983 The state of the people New York Times Magazine,, p 47, (excerpt from Pham Thai Viet, ibid, p 37)
Trang 6As a consequence, the official SI in Vietnam is increasingly faced with the need to change
to be more compatible with the requirements of the new context Un-official SI is starting to have
a place, with a variety of subjects and products The SIs of scientists, law teachers, lawyers, practitioners are on the rise and having an effect on legal life The official SI product of the state is gradually becoming subject to the supervision of various forces in society
- Increasingly, globalization has made the role of the Standing Committee of the National Assembly, the only legislative body with the official authority to interpret the law
in Vietnam, to become unreasonable
With the socialist model, the National Assembly of Vietnam is a legislative body with the highest state authority, representing the will and aspirations of the people In SI activities, since the establishment of the state, by default, only the National Assembly is considered to be able to grasp and explain the best will of the law issued by the legislature The National Assembly gave SI rights to the Standing Committee of the National Assembly "Assigning the Standing Committee of the National Assembly a number of legislative powers such as enacting ordinances, explaining the Constitution, laws, and ordinances does not diminish the concentration of state power in the National Assembly because the Standing Committee is exclusively an agency but the standing body of the National Assembly.‖ "Assigning the Standing Committee of the National Assembly the authority to explain the Constitution, laws, and ordinances also come from the practice of the National Assembly of Vietnam is an irregular activity"90 However, the Standing Committee of the National Assembly is the only official SI authority in Vietnam, in the current global context; there are many problems this can expose:
First of all, SI of the Standing Committee of the National Assembly has been very
limited recently Although officially constituted from the Constitution in 1959, but until now, the Standing Committee of the National Assembly only recently conducted SI according to the legal process several times The most typical are two cases of explanation of Point c, Clause 2, Article 241 of the Commercial Law of 1997 and Clause 6 of Article 19 of the Law on State Audit in 2005 Time for the Standing Committee of the National Assembly to SI in the first case
is nearly 4 months (since a National Assembly member sent a written request for explanation on October 5, 2004, until the National Assembly Standing Committee approved the Resolution explaining at the 25th session, National Assembly XI, January 25, 2005) and the second case is nearly 1 month (since the Report of the State Auditor General on October 12, 2006, when the Standing Committee of the National Assembly issued the Decree Resolution of explanation 1053/2006 / Resolution - Standing Committee of the National Assembly 11)
In some cases when receiving the request, the Standing Committee of the National Assembly rejected the SI, asking the other subjects to issue guidelines and detailed regulations to resolve the case As in the case of the Supreme People's Court sent Report No
332 / NCPL on May 19, 1995, the Standing Committee of the National Assembly proposed
90 Hoang Van Tu, Department of Law, Office of the National Assembly, Authority of The Standing Committee National Assembly on authority to explain the Constitution, laws, ordinances, Journal of Legislative Studies, No 5/2000
Trang 7the "Certificate of competent state agencies" and "Painting.‖ on property attached to that right‖ (Item 3 of Article 38 of the 1993 Land Law) because these regulations lead to inconsistent interpretations that give rise to disputes over jurisdiction to resolve disputes between People's Courts and People's Committees The Standing Committee of the National Assembly concluded: According to Article 89 of the 1993 Land Law, the National Assembly assigned the Government to stipulate in detail so this is under the authority of the Government Therefore, if the Standing Committee of the National Assembly explains it, it will create a precedent and it is unlikely that the Standing Committee of the National Assembly will be able to fulfill this task As a result, the Supreme People's Court, the Supreme People's Procuracy and the General Department of Land Administration issued Circular No 02 / Joint Circular on July 28, 1997 to guide and provide detailed regulations on authority of the People's Court in settling land use rights disputes under the provisions of Clause 3, Article 38 of the 1993 Land Law
In some cases, the Standing Committee of the National Assembly conducts SI in the form of directly issuing guidance and detailed regulations on related issues, such as: guiding and explaining civil transactions on pre-established housing 1.7.1991 in 1998; Guiding and explaining civil transactions on houses established before July 1, 1991, involving overseas Vietnamese In these cases, the Standing Committee of the National Assembly conducts SI considering the new situation, explaining in the form of detailed instructions, with additional content In fact, it is legal construction, not SI This state has violated more or less the SI principles "not modified, supplemented, set new rules" stipulated in the Law on Promulgation
of Legal Documents in 2015
―The National Assembly Standing Committee, although it has been trying so hard recently, still cannot perform the SI function effectively This can be explained by the following reasons: first, the Standing Committee of the National Assembly does not have materials from life, from the people to balance with the constitutional and legal norms from the state agencies; second, they look at the constitutional and statutory provisions under the eyes of insiders, not in the eyes of the critical subject, the assessor; third, their status is not completely independent of legislative and constitutional subjects, because they are the powerful subjects involved in that legislative and constitutional process"91
Secondly, the demand for SI has increasingly appeared and has been met by other actors even though they are not authorized in Vietnam "The legislative achievements have helped Vietnam overcome the institutional conditions set by the WTO to become a member and of course meet a lot of the internal demand to develop the country However, with the huge amount of textual categories, numbers, and frequent changes; transparency, as well as systematic is limited, and law development is still not associated with managing law
91 Office of the National Assembly (2009), Proceedings of the International Conference on Consecration, Times publishing company, p.21
Trang 8enforcement"92 This fact, along with the weakness of the National Assembly Standing Committee in interpreting the law, makes SI demands increase, and many legal self-statutory interpretation subjects appear
During the trial, Vietnamese courts conducted SI regularly This is a natural job, whether or not the court is authorized Explanation of the court appears due to direct demand:
SI to apply the law and vice versa Currently, with the provisions of the Law on Organization
of the People's Court of 2014 on the application of legal cases in court, as an implication, SI when judging is an obligation and a default authority of the judge The Court has SI through interpretation, clarifying the provisions of the law by legal documents under its jurisdiction, most clearly reflected in the Resolutions of the Supreme People's Court Judges and 26 cases
of legal cases published, as well as the process of applying case law, making judgments and decisions But because it is unofficial, the SI of the Court does not have enough mechanisms
to develop and is not controlled
In addition, SI requirements are conducted in very specific cases, and there are a number of additional SI conductors Typically, the Law Committee of the National Assembly issued Official Letter No 783 of July 16, 2002, explaining "foreign elements" in Article 80 of the Criminal Code in 1999 on the basis of the requirements of related parties The Drafting Committee, the Law Enforcement Task Force has also given opinions on the implementation
of some unclear issues in the 2005 Enterprise Law and the 2005 Investment Law This is because there is a practice in Vietnam that when a law or ordinance is issued, there is usually
a drafting committee assigned to draft it and when that document is carried out, it is assigned
to a different group called the implementing team This is an informal form of SI in practice
in Vietnam
- Globalization promotes the popularity of the rule of law, dramatically increase the role of courts in general and Vietnamese courts in particular in the SI
Formed and popularized in some Western countries, the rule of law has gradually become a valuable requirement for every state In addition to the national-level reception process, the rule of law gradually became the norm in international relations, along with standards of democracy and the protection of human rights93 The state of rule of law is affirmed by the United Nations as a fundamental element for sustainable development: "Good governance and the rule of law at the national and international levels are the foundation for sustainable economic growth, sustainable development and poverty reduction"94 The rule of law state is also a condition for countries to participate or enjoy certain incentives in the context of globalization "International financial institutions such as the World Bank have set conditions for funding with political reform commitments, with particular emphasis on the role of the rule of law WB emphasizes the necessity of efficient processing facilities (such
92 Ha Hung Cuong, Perfecting the legal system to meet the requirements of building a socialist rule-of-law state, NCPL No
2, 3 (p139 – 140)
93 Nguyen Van Quan, Rule-of-law state as an international standard, Journal of Law No 11/2015, p 26
94 Documents of the United Nations Summit held in 2005
Trang 9as judicial independence) and some requirements of political order Central and Eastern European countries wishing to join the European Commission must admit the mechanisms of the rule of law95
"The model of the rule of law put the judiciary (judge) in a major position in ensuring the legal supremacy"96 The court tends to be the supreme place of recourse, given the function of solving all problems of social problems Some scholars call this a trend of socialization of justice97, a phenomenon associated with the rise of rule of law in state
The court is considered to be the most effective subject in legal interpretation SI court model is the most typical SI model recently98 The court has many advantages in explaining the law The court's function is to exercise jurisdiction to protect justice, the court's operations are objective, with the least chance of abuse of power compared to other agencies The King
of England James I once told his judges in 1616, "they are not lawmakers, but they interpret the law based on books and precedents"99 Due to the independent nature and only obeying the law in adjudication, SI of judges is specific: "judges often have the role of explaining the law often deciding lawsuits on the narrowest possible basis It may only be necessary to decide the case‖100
, so the court's SI has many conditions to improve the quality
The role of courts in SI has been acknowledged in many models In the model of many entities with the same authority to explain the law, (typically Japan, South Korea) agencies of all three branches of state power, including Court, Government, President, agencies administrative and legislative bodies are entitled to SI In Japan, almost by the end of the twentieth century, the power of SI was given to the executive branch The long period of
a stagnant economy in Japan in the last decade of the last century was attributed to the exercise of power This is referred to as Excessive planning of the executive branch In response, the political leaders decided to transfer some of the executive branch's power to the court In Korea, the power to interpret the constitution and other legal documents are given to some state institutions The Constitutional Court has supreme authority to explain the constitution and other legal documents As far as legal documents do not testify to the limit of higher law, the legislature and the executive branch have the right to explain the constitution and legal documents."101 Currently, in countries following this model, SI of other agencies are
95 According to Nguyen Van Quan, Dao Thu Ha, Some changes of the state and the law in the context of globalization under the theoretical perspective,
http://tcnn.vn/news/detail/39570/Mot_so_bien_doi_cua_nha_nuoc_va_phap_luat_trong_boi_canh_toan_cau_hoa_duoi_goc_ do_ly_luanall.html
96 According to the detailed analysis of independent judiciary in the rule of law state: Geoffrey de Q.Walker (2012), The Rule of Law – Foundation of Constitutional Democracy, Melbourne University Press, 1988, pp.29-36; School of Law, VNU (Ed), About the rule of law and constitutionalism - Some essays of foreign scholars, Labor-Society Publishing Company, p 306-326
97 Martin Sapiro, Alec Stone Sweet (2002), On Law, Politics, and Judicialization, Nxb Oxford University Press
98 Pham Thi Duyen Thao (2014), Some official SI issues in Vietnam today, National Political Publishing Company, Hanoi, p
58
99 Office of the National Assembly of Vietnam (2009),Office of legal and judicial reforms supporting Project, Statutory Interpretation, some theoretical and practical issues, Hong Duc Publishing Company, p 19
100 Peter J Messitte (2007), a US federal judge, How the US Court works, p46, Culture - Information Publishing Company
101 Office of the National Assembly of Vietnam (2009), Office of legal and judicial reforms supporting Project, Statutory Interpretation, some theoretical and practical issues, Hong Duc Publishing Company, p.271
Trang 10reviewed by the court for each specific case, if the explanations outside the court are right or reasonable, it will be redundant or otherwise will be canceled Thus, SI of other entities is subject to a specific review by the court
With the model of the Legislative SI, which is typical of countries in the continental European legal system (about before the 80s of the last century) and some countries such as the former Soviet Union, Canada, Cuba and China, Myanmar, North Korea have also gradually granted official authority, or more authorized to the court in the SI One scholar interpreted as follows: ―The position and role of the court depend very much on the guiding ideological view of the ruling class in the state If in England and France, for historical and ideological reasons, the principle of decentralization in the state apparatus is not clear, in that the judiciary is overwhelmed by the parliament; the role of the US judiciary is completely different Americans have promoted the superhuman role of courts in the organization and operation of their state apparatus These thoughts are very alien to the practices of continental Europe and even to the country that was once their motherland, and it was not until the 80s of the twentieth century that European countries started to recognize the role of the Court.‖102
In China, although the Standing Committee of the National Assembly retains official
SI authority, the court has now done more than authorizing SI The Supreme Court of China regularly issues legal documents that clarify the meaning of legal provisions to lower courts
or issue written explanations with the scope of general application, such as the issuance of the document "General issues related to the implementation of the Civil Law.‖ This document is binding on the court and is highly persuasive for other law enforcement agencies.‖103
In addition to the reason above, SI under the jurisdiction of the courts has become a trend The reality of Vietnam shows that, in many cases, the absence of the court's role has caused significant damage to relevant parties
Typically, the case of Da Nang City People's Council issued Resolution No 23 dated December 24, 2011, on solutions to socio-economic development in 2012 This derived from the context of public development Industrialization and modernization of the country, the people from the provinces have increasingly migrated to big cities to work and live since 1975
"Immigration has made an important contribution to economic development in Vietnam and contributed significantly to job creation, poverty reduction However, immigration, especially free migration, has changed the spatial structure of objects and social spaces in both emigration and immigration, causing social consequences and problems arising in administrative management ‖104
Da Nang is one of the cities with a large number of migrants, accounting for 11.5% of the city population according to the time when the Resolution was issued Therefore, the People's Council of Da Nang City passed Resolution No 32, which stipulates "suspension of
102 Excerpt from Nguyen Dang Dung (2000), ‖ The form of contemporary states‖, National Politicsl Publishing Company, Hanoi, 2004, p 352
103 Office of the National Assembly of Vietnam (2009), Office of legal and judicial reforms supporting Project, Statutory Interpretation, some theoretical and practical issues, Hong Duc Publishing Company, p.14
104 Iwai Misaka – Bui The Cuong (2010), ―Migration in Vietnam during the period of modernization and industrialization‖, Social Science Publishing Company, p.1