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Law Of Vietnam
Law of Vietnam is based on communist legal theory and French civil law. In 1981 major reforms were made to the judicial and legal system. New laws introduced since: * Penal Code 1912 History 1946: * September 2, 1945 President Ho announced Independence Declaration * November 9, 1946 the first constitution was adopted by the National Assembly * Includes 7 chapters, 70 articles 1954: Geneva Agreement has been signed thanks to Dien Bien Phu victory. 1959: Constitution of the Democratic Republic of Vietnam, adopted on January 1, 1960. It consisted of X chapters, 112 articles 1975: The reunification of North and South Vietnam 1980: Constitution of the Socialist Republic of Vietnam, adopted on December 19, 1980 Includes XII chapters, 147 articles. The consequence of the policy of economic liberalization “Doi Moi” started in 1986. April 15, 1992: Constitution of the Socialist Republic of the Vietnam includes XII chapters, 147 articles. Law System of Socialist Republic of Vi ...
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Communist Legal Theory
Socialist law or Soviet law denotes a general type of legal system which has been (and continues to be) used in socialist and formerly socialist states. It is based on the civil law system, with major modifications and additions from Marxist-Leninist ideology. There is controversy as to whether socialist law ever constituted a separate legal system or not. If so, prior to the end of the Cold War, ''socialist law'' would be ranked among the major legal systems of the world. While civil law systems have traditionally put great pains in defining the notion of private property, how it may be acquired, transferred, or lost, socialist law systems provide for most property to be owned by the Government or by agricultural co-operatives, and having special courts and laws for state enterprises. Many scholars argue that socialist law was not a separate legal classification. Although the command economy approach of the communist states meant that most types of property could not be ...
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France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pacific and Indian Oceans. Its Metropolitan France, metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea; overseas territories include French Guiana in South America, Saint Pierre and Miquelon in the North Atlantic, the French West Indies, and many islands in Oceania and the Indian Ocean. Due to its several coastal territories, France has the largest exclusive economic zone in the world. France borders Belgium, Luxembourg, Germany, Switzerland, Monaco, Italy, Andorra, and Spain in continental Europe, as well as the Kingdom of the Netherlands, Netherlands, Suriname, and Brazil in the Americas via its overseas territories in French Guiana and Saint Martin (island), ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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Constitution Of The Socialist Republic Of Vietnam
The Constitution of the Socialist Republic of Vietnam ( vi, Hiến pháp nước Cộng hòa xã hội chủ nghĩa Việt Nam) is the current constitution of Vietnam, adopted on 28 November 2013 by the Thirteenth National Assembly, and took effect on 1 January 2014. It is the fourth constitution adopted by the Vietnamese government since the political reunification of the country in 1976. Current constitution The current constitution, known as the 2013 Constitution, contains a preamble and 11 chapters: *Chapter I: Political System *Chapter II: Human Rights, Basic Civil Rights and Civic Duties *Chapter III: The Economy, Society, Culture, Education, Science, Technology, and the Environment *Chapter IV: Defence of the Homeland *Chapter V: The National Assembly *Chapter VI: President of the Republic *Chapter VII: The Government *Chapter VIII: The People's Court and the People's Procuracy *Chapter IX: Local Government *Chapter X: The National Electoral Council and the State Audit Off ...
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Judiciary Of Vietnam
The judicial system of Vietnam is governed under the Constitution of Vietnam, the Law on the Organization of People's Courts (2014), and the Law on the Organization of People's Procuracies (2014). Since Vietnam is a one-party socialist republic, the judiciary falls under the leadership of the Communist Party of Vietnam, and judges and procurators are all members of the Party. The judiciary is nominally accountable to the National Assembly of Vietnam, which is the highest institution of government power in the country. Structure The judicial system of Vietnam comprises the "people's courts," military tribunals, and people's procuracies. The highest court in the country is the Supreme People's Court. Underneath the Supreme People's Court are three levels of courts: the superior people's courts (''toà án nhân dân cấp cao''), of which there are three; the provincial-level people's courts (''toà án nhân dân cấp tỉnh''), of which there are 63; and district-level people's c ...
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Legal Systems Of The World
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more pa ...
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Supreme People's Procuracy Of Vietnam
Headed by the Prosecutor General, the Supreme People's Procuracy of Vietnam ( vi, Viện kiểm sát nhân dân tối cao) has functions such as acting as the prosecutor before the People's Courts. The Supreme People's Procuracy has local and military subdivisions that include the district, provincial, and city levels. In accordance with the Constitution of Vietnam, the role of the public prosecutor is to surveillance and supervise the rule of all the organs of the State, ministries and ministerial-level agencies, administrative agencies (from central to local institutions) and individuals. The People's Procuratorate has the tasks of contributing to the protection of Socialist legislation (as well as the protection of the Socialist regime) and the mastery of the people. The Procuratorate may also safeguard the assets of the State and the collective, and protect the life, health, property, freedom, honour and dignity of citizens—guaranteed to all acts violating the interests of th ...
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