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• Introduction
• Developing a legal transplant theory
• A brief history of legal transplantation into Vietnam
• Transforming socialist legal ideology
• Party leadership: The separation of party and state
• Discursive and strategic lawmaking
• Implementing imported laws
• Non-state pressure groups and legal borrowing
• The rule of law and Vietnamese relational transactions
• Conclusion
• Bibliography
• Index.
• (source: Nielsen Book Data)

The first sustained analysis examining legal transplantation into East Asia, this volume examines the prospects for transplanting a 'rule of law' that will attract and sustain international trade and investment in this economically dynamic region. The book develops both a general model that explains how legal transplantation shapes legal development in the region, whilst developing theoretical insights into the political, economic and legal discourses guiding commercial law reforms in Vietnam. For the first time, this book develops a research methodology specifically designed to investigate law reform in developing East Asia. In so doing, it challenges the relevance of conventional convergence and divergence explanations for legal transplantation that have been developed in European and North American contexts. As the first finely-grained analysis of legal development in Vietnam, the book will be invaluable to academics and researchers working in this area. It will also be of interest to those involved in commercial legal theory.
(source: Nielsen Book Data)

• The State Committee for Co-operation and the investment process. Methods of investing. Other authorities involved in the approval process. Capital contributions and financing. Foreign currency requirements for financing. Remittances. Contract law. Protection and enforcement of intellectual property rights. Technology transfer. Licensing of industrial property. Regulation of import/export. Labour and employment. Taxation. Environmental protection.
• (source: Nielsen Book Data)

This book provides an overview of the law in Vietnam and its commercial context. It examines Vietnamese foreign investment regulations and explains the legal framework for investors doing business in Vietnam. * Provides commentary on the new Civil Code effective July 1996 * Includes drafts of both the new Foreign Investment Law and the new Taxation Law * Explains extensive changes to the law of intellectual property rights, technology transfer and contract * Illustrates foreign investment regulations in practice.
(source: Nielsen Book Data)

Depuis plus de huit décennies, l'Association Henri Capitant œuvre à la diffusion, la modernisation et la promotion du droit continental. Dans la lignée de ces objectifs, elle a décidé de créer la « Bibliothèque de l'Association Henri Capitant ».Les différents groupes de l'Association sont ainsi invités à exposer les grandes lignes de leur droit dans des ouvrages ordonnés suivant un plan identique et dans un nombre limité de signes, ce qui permettra à chacun de connaître et comparer les fondations et les fondamentaux de ceux-ci. Dans cette perspective, le Droit du Vietnam, à l'instar des autres ouvrages de la collection, consacre des développements à l'histoire du droit, à ses sources, au cadre constitutionnel, aux acteurs du droit, au droit pénal, aux personnes, à la famille, aux biens, au contrat, à la responsabilité, aux quasi-contrats, aux entreprises et au droit du travail.Avec la « Bibliothèque de l'Association Henri Capitant », chacun pourra découvrir et appréhender la substance et l'esprit qui composent et innervent tous ces droits venus d'ailleurs, et tout adhérent de l'Association Henri Capitant pourra également échanger directement avec les auteurs.

• Introduction
• Law and precarity in daily life
• Law and social change in Vietnam
• Factory workers' early withdrawal of social insurance benefits
• Early retirement by workers in a former state-owned enterprise
• Illegal house construction in peri-urban areas
• Conclusion.

"This book will be of interest to researchers and students of law and society, political economy, anthropology, and Asian studies. It offers an original understanding of the paradoxical effects of law in the survival strategies of people who are caught to live and work in precarious circumstances"-- Provided by publisher.

• Cover
• Half-title page
• Series page
• Title page
• Copyright page
• Dedication
• Contents
• List of Figures
• Acknowledgments
• List of Abbreviations
• Introduction
• Chapter One Law and Precarity in Daily Life
• 1.1 Hegemony, Alienation, and Empowerment: Three Accounts of Law in Everyday Life
• 1.2 Precarity as Daily Struggle
• 1.3 Precarity and Law: A Mutually Reinforcing Relationship
• 1.4 Studying Everyday Legality in Vietnam
• Chapter Two Law and Social Change in Vietnam
• 2.1 Constitutional Amendments and Constitutional Claim-Making
• 2.2 Law and Economic Governance

• 2.3 Law as a Means of Dispute Resolution
• 2.4 Law as a Resource of Claim-Making
• 2.5 Law in Everyday Life
• Chapter Three Factory Workers' Early Withdrawal of Social Insurance Benefits
• 3.1 Social Insurance Regulations
• 3.2 Workers' Vulnerabilities in a Market Economy
• 3.3 Trading of Social Insurance Books
• 3.4 Informal Deals with Employers for Early withdrawal of Pension
• 3.4.1 Workers' Perceptions of Social Insurance Benefits and Family Obligations
• 3.4.2 Turning to "Law"
• 3.4.3 Cycle of Precariousness
• 3.5 Conclusion

• Chapter Four Early Retirement by Workers in a Former State-Owned Enterprise
• 4.1 Social Insurance Reform in Vietnam
• 4.2 Working Experiences in an Equitized Enterprise
• 4.3 Informal Arrangements to Retire Early
• 4.4 Life and Work After Retirement
• 4.5 Precarity as an Ideological Struggle
• 4.6 Conclusion
• Chapter Five Illegal House Construction in Peri-Urban Areas
• 5.1 Laws on Land and Housing in Vietnam
• 5.2 Development and Housing in Peri-Urban Districts
• 5.3 Displacement and Unsettled Settlement
• 5.4 Negotiated Residency
• 5.5 House Demolition

• 5.6 Old-Age Precarity, Debt, and Destitution
• 5.7 Conclusion
• Conclusion
• Addressing Precarity: What Role for the Law?
• (Mis)match between Law and Other Sets of Values and Understandings of Justice
• Legal Ambiguity and the Prevalence of Informal Processes and Practices
• The Regulatory and Normative Role of the State
• Law and Precarity in a Global Context
• Appendix
• Laws Cited
• References
• Index

Offers an original understanding of the mutually reinforcing relationship between law and precarity in daily life in Vietnam.

• Introduction
• Labour law and the state's management of labour relations in Vietnam
• On the shop floor
• At union offices and to the news headlines
• 'Defending their rights and interests' : bringing law to workers' residences
• Coreworkers' legal mobilisation
• Conclusion.

This book develops an understanding of workplace justice and labour rights in Vietnam from factory workers' voices and their resistance against abuse and exploitation. Through interviews with workers and a close analysis of their letters and petitions to the unions and state authorities, Nguyen illuminates how workers' resistance is enabled and stifled by the legal and political systems that are supposed to protect their rights and benefits. Their calls for justice reflect socialist ideology and widely held norms within society, as well as ideals and values embedded in labour law. The book demonstrates how state law brings about social change through shaping workers' expectations and increasing consciousness of rights and justice. This book will be of interest to scholars of law, politics and society, and scholars, students and practitioners interested in labour rights in developing countries.
(source: Nielsen Book Data)

• Introduction
• Roots and Routes
• Part One: Comparative Law, Transplantation and Courts
• (I) Comparative Law in a Post-Modern World
• Part Two: Dispute Resolution in the DRVN: 1945 - 1976
• Translating the Vietnamese System of Dispute Resolution: 1945 - 1959
• (II) Vietnamese Courts Introduced: 1945 - 1959
• (III) Dispute Resolution between 1959 - 1976: Changing Relations between Committees and Courts
• (IV) Courts in the Democratic Republic of Vietnam between 1959 - 1976: The Legislative Scheme and Centralisation
• (V) Courts in the Democratic Republic of Vietnam between 1959 - 1976: Court Culture
• Part Three: Courts of the USSR and DRVN Compared
• (VI) The Soviet Union and its Courts
• (VII) Soviet Dispute Resolution
• (VIII) Similarities and Differences between the Soviet Court Model and the Vietnamese Court Experience
• Part Four: The Role of Legal Culture
• Similarities and Differences between the Courts of the USSR and the DRVN: Unraveling the Causes
• (XI) Parenting: The Soviet Union and Vietnam
• (XII) Contemporary Vietnamese Courts
• Appendices
• Bibliography.
• (source: Nielsen Book Data)

This publication is a world first: an English-language history of the Vietnamese court system (1945 to 2005). Drawing on a resurgent interest in comparative law generally and legal culture in particular, the publication tests the usefulness of legal culture to the investigation of dynamic court systems within socialist states. It argues that the Vietnamese 'borrowing' of the Soviet system of dispute resolution did not reproduce courts Soviet-style in Vietnam. Rather, the reading of Vietnamese courts in context reveals that while the Soviet model of court system was transplanted it was remoulded to assume Vietnamese characteristics. In explaining this divergence, the publication explores why the Vietnamese court system differs from its Soviet parent and analyses the implications of this for the ever-increasing literature on legal transplantation.
(source: Nielsen Book Data)

• Introduction
• Roots and Routes
• Part One: Comparative Law, Transplantation and Courts
• (I) Comparative Law in a Post-Modern World
• Part Two: Dispute Resolution in the DRVN: 1945 - 1976
• Translating the Vietnamese System of Dispute Resolution: 1945 - 1959
• (II) Vietnamese Courts Introduced: 1945 - 1959
• (III) Dispute Resolution between 1959 - 1976: Changing Relations between Committees and Courts
• (IV) Courts in the Democratic Republic of Vietnam between 1959 - 1976: The Legislative Scheme and Centralisation
• (V) Courts in the Democratic Republic of Vietnam between 1959 - 1976: Court Culture
• Part Three: Courts of the USSR and DRVN Compared
• (VI) The Soviet Union and its Courts
• (VII) Soviet Dispute Resolution
• (VIII) Similarities and Differences between the Soviet Court Model and the Vietnamese Court Experience
• Part Four: The Role of Legal Culture
• Similarities and Differences between the Courts of the USSR and the DRVN: Unraveling the Causes
• (XI) Parenting: The Soviet Union and Vietnam
• (XII) Contemporary Vietnamese Courts
• Appendices
• Bibliography.
• (source: Nielsen Book Data)

This publication is a world first: an English-language history of the Vietnamese court system (1945 to 2005). Drawing on a resurgent interest in comparative law generally and legal culture in particular, the publication tests the usefulness of legal culture to the investigation of dynamic court systems within socialist states. It argues that the Vietnamese 'borrowing' of the Soviet system of dispute resolution did not reproduce courts Soviet-style in Vietnam. Rather, the reading of Vietnamese courts in context reveals that while the Soviet model of court system was transplanted it was remoulded to assume Vietnamese characteristics. In explaining this divergence, the publication explores why the Vietnamese court system differs from its Soviet parent and analyses the implications of this for the ever-increasing literature on legal transplantation.
(source: Nielsen Book Data)

• Introduction
• Roots and Routes
• Part One: Comparative Law, Transplantation and Courts
• (I) Comparative Law in a Post-Modern World
• Part Two: Dispute Resolution in the DRVN: 1945 - 1976
• Translating the Vietnamese System of Dispute Resolution: 1945 - 1959
• (II) Vietnamese Courts Introduced: 1945 - 1959
• (III) Dispute Resolution between 1959 - 1976: Changing Relations between Committees and Courts
• (IV) Courts in the Democratic Republic of Vietnam between 1959 - 1976: The Legislative Scheme and Centralisation
• (V) Courts in the Democratic Republic of Vietnam between 1959 - 1976: Court Culture
• Part Three: Courts of the USSR and DRVN Compared
• (VI) The Soviet Union and its Courts
• (VII) Soviet Dispute Resolution
• (VIII) Similarities and Differences between the Soviet Court Model and the Vietnamese Court Experience
• Part Four: The Role of Legal Culture
• Similarities and Differences between the Courts of the USSR and the DRVN: Unraveling the Causes
• (XI) Parenting: The Soviet Union and Vietnam
• (XII) Contemporary Vietnamese Courts
• Appendices
• Bibliography.
• (source: Nielsen Book Data)

This publication is a world first: an English-language history of the Vietnamese court system (1945 to 2005). Drawing on a resurgent interest in comparative law generally and legal culture in particular, the publication tests the usefulness of legal culture to the investigation of dynamic court systems within socialist states. It argues that the Vietnamese 'borrowing' of the Soviet system of dispute resolution did not reproduce courts Soviet-style in Vietnam. Rather, the reading of Vietnamese courts in context reveals that while the Soviet model of court system was transplanted it was remoulded to assume Vietnamese characteristics. In explaining this divergence, the publication explores why the Vietnamese court system differs from its Soviet parent and analyses the implications of this for the ever-increasing literature on legal transplantation.
(source: Nielsen Book Data)

This book outlines the legal framework for investment in Vietnam, covering the legal, financial, fiscal and employment regulations, and gives a detailed account of Vietnam's foreign investment laws. Foreign investment in, and trade flows with, Vietnam have boomed since Hanoi initiated economic reform in the mid 1980s. As a result there is a growing need for practical information about Vietnam which will assist foreign investment in Vietnam. This book gives the text of various regulations, guides for foreign direct investment projects and model forms with respect to representative offices, imports and exports, banking and finance, insurance, taxation accounting, land, buildings and construction. It should be suitable for law firms and in-house counsel who have to advise on doing business in Vietnam.
(source: Nielsen Book Data)