The Soviet Legacy and Its Impact on Contemporary Vietnam

Nghia, Pham Duy; Ha, Do Hai

doi:10.1017/9781108347822.005

Cited by 3 publications

(2 citation statements)

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“…deeming it necessary, the President holds the authority to convene and preside over a special political conference (Article 67), and also possesses the privilege to attend and preside over sessions of the Government Council (Article 66). Notably, as posited by D. N. Pham and H. H. Do [8], the President within the framework of the 1946 Constitution is not answerable to the National Assembly. Additionally, the President enjoys immunity from prosecution, barring cases involving treason.…”

Section: Regarding the Role Of The Party's Communistsmentioning

confidence: 99%

“…However, the extensive borrowing of Soviet-style legal principles and institutions merely took place in North Vietnam from the late 1950s, marked by the adoption of a Soviet-style constitution in 1959 and the introduction of Soviet-style people's courts and procuracies in 1960. This socialist legal system was exported to southern Vietnam after 1975" [8].…”

Section: Introductionmentioning

confidence: 99%

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The Influence of Soviet Law on the 1959 Vietnamese Constitution

Thinh

2024

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The impact of the Soviet legal culture, particularly on Vietnam, within the socialist bloc, stands as a notable assertion. The incorporation of Soviet legal constructs into Vietnam’s legal framework emerged as a vital political necessity during a complex phase of Vietnam’s historical trajectory. Illustrated prominently in the 1959 Constitution of the Democratic Republic of Vietnam, this influence embodies a quintessential manifestation of Soviet legal impact on Vietnam. This paper delves into several facets of this influence, encompassing the Constitutional structure, articulation of citizenship rights and duties, confirmation of the Vietnamese Labour Party (now the Communist Party of Vietnam) leadership, configuration of State apparatus and power distribution, formulation of socioeconomic order, and a departure from Western constitutional paradigms. The inquiry primarily draws upon historical and comparative legal methods. Legal records from Vietnam and the Soviet Union have been amassed, scrutinized, and likened. Moreover, this study considers the legal and interdisciplinary insights offered by scholars from Vietnam, the Soviet Union, Russia, and the Western sphere pertaining to the subject matter of this article. These perspectives are not only considered but also assessed and integrated. The outcomes of this examination serve to elucidate: i) the significance of Vietnam’s 1959 Constitution in the progression of Vietnam’s socialist legal system; ii) the historical connection and contemporary inheritance of shared legacies between the two national legal systems within the overarching socialist legal framework; and iii) valuable insights into incorporating socialist legal norms into the constitutional process. Tra từ & tra câu Anh - Việt, Việt - Anh, Anh - Anh Nhúng biểu tượng tra cứu vào trang Nhấp đúp để tra cứu

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Section: Regarding the Role Of The Party's Communistsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

The Influence of Soviet Law on the 1959 Vietnamese Constitution

Thinh

2024

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The Public Health Response to COVID-19 in Vietnam: Decentralization and Human Rights

Doan

2022

ABR

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Human rights constitute a universal concern in different countries’ responses to COVID-19. Vietnam is internationally praised for its success in containing the pandemic; nevertheless, human rights issues are a key area that needs to be assessed and improved. Little legal and ethical research is available on human rights in Vietnam, particularly in its response to COVID-19, however. In Vietnam, decentralization took place during the pandemic: higher authorities delegated power to lower ones to make and implement public health measures. Unfortunately, many measures made and implemented decentrally caused human rights concerns or breaches. This article aims to study what makes such measures cause human rights concerns or breaches. It argues that several social, legal, and political factors, including an inadequate understanding of human rights, the undefined breadth of discretion, and lack of supervision, are underlying factors for such problematic decentralized measures. Accordingly, this paper proposes two solutions (i) improving the supervision of the decentralization process, and (ii) improving the understanding of human rights. While Vietnam should learn from the international community to improve its measures, lessons and experience from Vietnam can also contribute to a richer dialogue and better protection of human rights globally.

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Flexible and compassionate, or violent and intimidating?: various accounts of law in Vietnam

Nguyen

2021

Critical Asian Studies

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The Soviet Legacy and Its Impact on Contemporary Vietnam

Cited by 3 publications

References 41 publications

The Influence of Soviet Law on the 1959 Vietnamese Constitution

The Influence of Soviet Law on the 1959 Vietnamese Constitution

The Public Health Response to COVID-19 in Vietnam: Decentralization and Human Rights

Flexible and compassionate, or violent and intimidating?: various accounts of law in Vietnam

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