Glossary

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Vietnamese Legal System - LAWS8142

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 24

Enrolment Requirements:

Academic Program must be either 9200, 9210, 5740, 9230, 9231 or 5231

Excluded: LAWS3342

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This is one of two courses available to students in the Vietnam Summer School – the other is International Economic Law in the Asian Region.

The course is taught in Hanoi, Vietnam, in November-December each year, and offer students an unparalleled opportunity to learn about the Vietnamese legal system and the political, economic, and cultural context in which it operates. Formal classroom learning will be supplemented with selected field trips and guest lectures. The course provides an introduction into the legal system of Vietnam with particular reference to modern developments. Vietnam opened up its economy to market forces only in the 1990s. When it did so, law and the legal system underwent fundamental change, a change still in progress. Those changes include increased role for law and its institutions and actors, and adoption in many areas of foreign law. The course examines the role law is playing in modern Vietnam by reference to its historical antecedents. The course examines particular areas of development not only for their own sake but also as indicators of the changing role of law in Vietnamese society. Areas which are the subject of particular attention include: the elements and institutions of Vietnamese legal system; the role of law in Vietnamese society from the perspectives of legal history and philosophy; private and public law; interactions with the international legal order; and dispute resolution.

Recommended Prior Knowledge

None

Course Objectives

To gain an understanding of the political, economic and cultural context of the Vietnamese legal system;
To gain an understanding of the structure and function of the Vietnamese state, and the theories of law and governance that underpin the Vietnamese approach to governance;
To gain an understanding of Vietnam’s role in the international legal system and in the Asia-Pacific region;
To develop students’ capacity for comparative legal analysis and intercultural communication.

Learning Outcomes:

A candidate who has successfully completed this course should be able to:

Demonstrate familiarity with Vietnam's legal systems, government structures, and approach to law;
Demonstrate an awareness of the legal traditions in Vietnam and how they impact upon contemporary development of Vietnamese law;
Engage in debate about contemporary legal issues in Vietnam and Australia as informed by knowledge of how both legal systems operate;
Demonstrate an awareness of issues of intercultural communication and appreciation of diverse legal cultures.

Main Topics

The elements and institutions of Vietnamese legal system;
The role of law in Vietnamese society from the perspectives of legal history and philosophy;
Private and public law;
Interactions with the international legal order;
Dispute resolution.

Assessment

Class participation & Reflective Journal 25%
Research essay 75%

Course Texts

to be advised

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.