Date added: | 06/01/2017 |
Downloads: | 3178 |
These recommendations on the updated draft of the law are made with a view to assisting Viet Nam in meeting its commitment to ensuring equal access to justice for all in accordance with Sustainable Development Goal target 16.3, and consistent with international standards including the UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems1 as adopted by the UN General Assembly through Resolution 67/1872 (referred to as “UN Principles and Guidelines” below), as well as international legal standards regarding the right of access to legal aid in non-criminal cases.
Date added: | 10/24/2016 |
Downloads: | 4348 |
A Law on Associations has been under development and is scheduled for review in the National Assembly. The law will be fundamental to exercise the right to freedom of association guaranteed under the Vietnamese Constitution and to realize Viet Nam’s commitments in international human rights treaties. The document presents joint UN recommendations which are based on the principles and best practices of the international human rights treaties ratified by Viet Nam.
Date added: | 12/08/2015 |
Downloads: | 4739 |
The 2008 Law on Health Insurance targets comprehensive health insurance coverage by 2014. In 2009, health insurance was expanded to 58.4% of the population, demonstrating the efforts of the Government to expand the provision of health care. However, extending the coverage of health insurance to the remaining 41.6% of the population, or 35.7 million people, is a challenging task. First of all, even those individuals whose participation is subsidized appear reluctant to join the scheme. Secondly, those who are not insured predominantly work in the informal sector and are hard to track. Understanding and eliminating the obstacles that explain the unwillingness to participate in health insurance should therefore be part of any strategy to improve health insurance coverage. Understanding these obstacles is at the heart of this brief, and the study which underpins it, which focuses on workers in the informal sector and their family members.
Date added: | 07/11/2014 |
Downloads: | 7913 |
This report “Reality of Local Court Governance in Viet Nam” was commissioned within the framework of MOJ-UNDP project “Strengthening Access to Justice and Protecting Rights in Vietnam”. The report is end result of an empirical study based on the opinions of 2,516 judges—about half the number of working judges in Viet Nam—on existing practice of local court administration, e.g. organization and functions, case management and adjudicatory work, personnel management, budgeting, supervision and monitoring.
According to the research’s findings, a number of potential threats to judicial independence from party organs, local government, higher level courts, internal court incentive and sanction structures. This report is prepared therefore with the hope that it will serve as a useful reference for Vietnam officials, judges, legal scholars and citizens as they chart their own path toward judicial reforms and the rule of law.
Date added: | 07/11/2014 |
Downloads: | 8083 |
Many of the economic, demographic, and social changes animating land disputes in Vietnam are also sweeping across other countries in East Asia. The aim of this Report is to provide comparative insights into land-taking disputes in three East Asian countries—China, Indonesia, and Cambodia—that are relevant to Vietnamese conditions. It is not the intention of this Report to provide a comprehensive account of land-taking disputes, but rather to identify trends in dispute resolution.
This Report concludes that land tenure reforms are useful in providing clarity about ownership. However without competent land titling and registration agencies and courts, land tenure reforms cannot resolve the underlying conflicts about access to scarce resources. Similarly, institutional reforms have proved ineffective in resolving land disputes unless they level the playing field between state agencies, land users, and developers. Attempts by governments in the region to suppress land disputes have pushed grievances underground, leading in the long-term to more deep-seated and intractable conflicts.
This Report is commissioned by UNDP Vietnam with the financial support of Democratic Governance Thematic Trust Fund (DGTTF).
Date added: | 11/30/2012 |
Downloads: | 10889 |
This brief makes recommendations (issued by the United Nations, World Bank, Asian Development Bank, European Union Delegation to Viet Nam, Embassies of Australia, Canada, Finland, Germany, Ireland, New Zealand, Norway, Sweden, Switerland, United Kingdon and United States of America, and Oxfam) for the revision of the 2003 Land Law. The suggested revisions are designed to ensure that farmers (or rural land use right holders more generally) are treated in ways that are equivalent to other land use right holders. This change will raise rural income and welfare and enable farmers to participate fully in Viet Nam’s modernization.
Date added: | 01/01/2012 |
Downloads: | 3979 |
Previous studies, anecdotal evidence and media reports indicate that boys are trafficked in or from Viet Nam for sex, adoption and forced labour, but very little research has focused specifically on trafficking of boys.The goal of this research is to contribute to the broader objective of ensuring that the particular situation and vulnerabilities of boy victims of human trafficking are adequately addressed in Viet Nam's legal and policy response to the issue. The research objectives are to assess awareness of local authorities and community on and practices to address trafficking in boys, identify forms of trafficking in boys, factors that contribute to vulnerability to trafficking (especially gender conceptions) and types of trafficking in boys and document victims' experience of trafficking, return, rehabilitation and reintegration.
This report documents exploratory research on trafficking in boys in Viet Nam and is an activity under the General Statistics Office (GSO) component, implemented by International Organization for Migration (IOM) under the three-year Joint Programme on Gender Equality.
Date added: | 10/03/2013 |
Downloads: | 9352 |
This Report proposes the Justice Index as a new tool for analyzing and making legal and judicial policies. It is also an effective tool to make state agencies both at central and local levels accountable to citizens for the performance of public institutions, efforts to ensure justice – or fairness and equality – for citizens. The Report begins by explaining the demand for a policy tool to help measure and assess people’s experience of justice in Chapter 1. Chapter 2 introduces the research and survey methodology. Chapter 3 gives a national overview of distributive justice and equality in practice, identifying the challenges faced by local people in getting access to the judicial system and/or public institutions in general. It also identifies shortcomings in: resolving civil disputes and administrative complaints; as well as ensuring the fundamental rights of the people. Chapter 4 presents the results of the 21 surveyed provinces of the 2012 Justice Index. The report concludes by listing some policy implications, based on 2012 Justice Index findings, in Chapter 5.
Date added: | 08/16/2013 |
Downloads: | 6513 |
The study describes what is known about the mechanics of contraband trafficking - the what, who, how, and how much of illicit flows - and discuss their potential impact on governance and development in East Asia and the Pacific. More specifically, it focuses on human trafficking and smuggling of migrants, drug trafficking, resources and counterfeit goods.
Date added: | 02/18/2013 |
Downloads: | 12917 |
The ambit of the study included analysis of nine (9) constituent rights fundamental to the Right to counsel in international human right laws and international customs. In addition the law and practice of three (3) civil law countries, with broadly similar legal systems to that of Vietnam, including China, Japan, and Germany were also studied. In addition, a common law system, Australia, was considered to compare the theory and practice of the right to counsel in Vietnam. These comparisons were included to assist with debates in Vietnam on reforming justice and perfecting the Criminal Procedure Code (amended).
Date added: | 07/26/2012 |
Downloads: | 13288 |
Article 57 of the Vietnam Criminal Procedure Code provides for the responsibilities of litigation agencies to appoint counsel to represent accused or offender in cases which accused of the crimes are subject to capital or live sentence, and juvenile delinquent or offender with physical or mental defects. This provision of “Appointed Counsel” can be seen as a legitimate mechanism, among others, to realize the right of counsel as stipulated in the International Covenant on Civil and Political Rights ("ICCPR"), which Vietnam accessed and rectified since September 1982. This unprecedented study report provides invaluable insights on how well functioning legal and institutional arrangements have ensured such rights to be properly realized in practice. Its findings are drawn from thorough review of the current legislation, analysis of the data gathering from all 62 existing bar associations and interviews of multi-stakeholders and informants at 9 selected provinces across the country. The report concludes with practical suggestions on ways forwards for the enhancement of its realization in line with the current legal and judicial reform in Vietnam.