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Seminar spotlights legal transplant in VN

Update: February, 06/2015 - 09:17
Phan Trung Ly, chairman of the National Assembly's Law Committee speaks at the event. — VNA/VNS Photo Doan Tan

HA NOI (VNS) — European and international scholars and Vietnamese lawmakers and scholars sat down together for a seminar on international legal adaptation yesterday in Ha Noi.

The two-day event, The Challenges and Practices of Legal Transplant in Viet Nam: Sharing European Experiences, was organised by the Delegation of the EU to Viet Nam and the National Assembly Office.

Phan Trung Ly, chairman of the National Assembly's Law Committee, said in a speech that Viet Nam was looking to reform its legal system, concentrating on completing central institutions, satisfying demand for jurisdiction construction and integrating with the international economy.

"The Viet Nam National Assembly has made numerous efforts to enhance our lawmaking practices through references to and adoption of foreign laws," Ly said.

Legal transplant has not been studied adequately in Viet Nam. But Viet Nam's legal system is seen as incompatible with the international concept of legal transplant, according to officials at the seminar.

Delphine Malard, the Delegation of the EU to Viet Nam's first counsellor, said she believed that sharing European experience on this issue could bring about great values for Vietnamese law makers, especially in the context of the issuance of Constitution 2013 and demands for revising Viet Nam's legal system in compatibility with the new Constitution.

"Legal transplant is a new issue in Viet Nam because studies on it are still lacking and are incomprehensive," said Nguyen Si Dung, deputy chairman of the National Assembly Office. "The understanding of legal transplant remains incomplete and inconsistent. Currently, there exist different terms related to this issue in Viet Nam such as legal adaptation, references to foreign laws and legal transplant."

Dung said there would be difficulties and challenges importing foreign laws into Viet Nam – though demand for the practice has increased. There is a lack of philosophy on receiving and importing laws, and legal solutions can be influenced by lawmakers' opinions.

European experts shared their experiences transplanting legal and cultural aspects of the law in Europe.

Professor Helen Santhaki from the University of London's Institute of Advanced Legal Studies presented European policies on legal adaptation and the its use in lawmaking activities by EU member countries.

Professor Norbert Reich from Germany's University of Bremen presented legal transplant theories and practices as relevant to some Asian countries. Meanwhile, Professor Higuchi Yoichi of Tokyo University shared Japanese experiences with importing foreign law.

On the Vietnamese side, NA delegates and scholars presented reports on the reality, challenges and recommendations related to legal transplant in Viet Nam.

Vietnamese participants in the seminar learned about how EU and other countries adapt foreign laws, so Viet Nam can study their methods and apply them to their own. — VNS

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