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        <title>Vietnamese Journal of Legal Sciences Feed</title>
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        <copyright>All rights reserved 2026, Hochiminh City University of Law</copyright>
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            <title><![CDATA[Analyzing the Scope of Application and Fundamental Concepts of Personal Data Protection in the Digital Era: From Malaysia’s Perspective and Experience for Vietnam]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2026-0033</link>
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            <pubDate>Wed, 09 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[Over the past decades, the Malaysian government has acknowledged the pressing need to regulate personal data protection, becoming the first country in Southeast Asia to recognize this urgent requirement, and as a result, the 2010 Malaysian Personal Data Protection Act was enacted and later entered into force in 2013 in response to the increasing importance of personal data protection in this digital age. On 24 December 2024, the 2024 Malaysian Personal Data Protection (Amendment) Act was enacted and came into force in 2025. The most fundamental step in evaluating a piece of legislation is understanding its scope and application. For this reason, this article covers key aspects of the Malaysian 2024 Personal Data Protection Act, including its scope of application in Malaysia and several fundamental concepts, namely personal data, sensitive personal data, and the roles of data controller and data processor. Furthermore, this article compares Malaysia’s approach with the current situation in Vietnam to offer insights for the development of Vietnam’s data protection policies, with the hope of highlighting the importance of regulatory clarity and cross-border data handling, to contribute to Vietnam’s legal improvements in personal data protection amidst a rapid digital revolution.]]></description>
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            <title><![CDATA[Policies and Legal Framework on Green Building Development in Vietnam]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2026-0030</link>
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            <pubDate>Wed, 09 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[Green buildings play an important role in advancing sustainable development objectives. Although green building development in Vietnam has made progress in recent years, the existing policy and legal framework remains fragmented and incomplete. Previous studies have mainly addressed development barriers, project management, and several green building assessment systems, while the establishment of a coherent policy and legal framework for green building development in Vietnam from a comparative legal perspective has not received sufficient attention. Therefore, this article addresses the following research question: what policy and legal reforms, informed by the experience of Singapore and Japan, could improve Vietnam’s legal framework for green buildings? To answer this question, the article examines green building development in Vietnam, analyzes relevant policies and laws in Singapore and Japan, and identifies the key limitations of Vietnam’s current framework. On that basis, the article proposes three main groups of reforms: (i) establishing a roadmap for the mandatory application of green building requirements to specified categories of buildings, (ii) establishing a unified national assessment and certification system, and (iii) developing clear, accessible, and predictable incentive mechanisms linked to green building certification and actual building performance, thereby contributing to the improvement of the policy and legal framework and promoting the sustainable development of green buildings in Vietnam.]]></description>
            <category>ARTICLE</category>
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        <item>
            <title><![CDATA[Green Bond Eligibility Criteria: International Experiences and Policy Recommendations for Vietnam]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2026-0029</link>
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            <pubDate>Wed, 09 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[This article examines the legal criteria for determining eligible green projects for green bond financing, drawing on international standards and the experiences of the European Union, China, and Vietnam. It identifies two essential elements of green bond eligibility: alignment with a Green Taxonomy and compliance with a defined Use of Proceeds (UoP) threshold. While Vietnam has established a National Green Taxonomy, its legal framework does not yet provide a quantitative UoP threshold. The article argues for a legally binding and appropriately calibrated UoP threshold, supported by robust verification and monitoring mechanisms, to strengthen market integrity, mitigate greenwashing, and facilitate the mobilisation of green finance in Vietnam.]]></description>
            <category>ARTICLE</category>
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        <item>
            <title><![CDATA[Analyzing Vietnam’s Implementation of the 4Th Pillar of Asean’s Framework on Sustainable Tourism Development in the Post-Covid-19 Era: Achievements, Challenges, and Lessons from Asean Counterparts]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2026-0031</link>
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            <pubDate>Wed, 09 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[Tangible and intangible heritage in Southeast Asia, particularly Vietnam, faces increasing threats from climate change, globalization, and weak governance. In response, the Association of Southeast Asian Nations (ASEAN) adopted the Framework for Sustainable Tourism Development (AFSTD) in 2023. Using a descriptive analytical approach, this study assesses the alignment of Vietnam’s current legal and institutional framework for cultural tourism with AFSTD Pillar 4 on safeguarding cultural heritage and promoting creative industries. It argues that while Vietnam has integrated cultural elements into tourism law and strategy, the current framework remains fragmented, overly centralized, and lacks data-driven preventive mechanisms for heritage preservation, community participation, and benefit-sharing. Moreover, the creative industries remain underdefined and underfunded, limiting their potential contribution to cultural tourism. Drawing on regional best sustainable cultural tourism practices in Indonesia, Thailand, and Malaysia, the study proposes policy reforms, including the institutionalization of heritage impact assessments, cross-sectoral governance models, creative industry legislation, and tourism benefit-sharing mechanisms. These recommendations aim to enhance Vietnam’s cultural tourism competitiveness while ensuring sustainable preservation and equitable development in line with ASEAN’s regional vision.]]></description>
            <category>ARTICLE</category>
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        <item>
            <title><![CDATA[The Usage of Lex Ferenda in International Law]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2026-0028</link>
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            <pubDate>Wed, 09 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[The purpose of this article is to identify more clearly the term “lex ferenda”, or “the law which is being sought to establish” and its antithesis “lex lata”. The research originates from two questions. First, is the term “lex ferenda” used by scholars only as academic terminology, or is it employed also by States, Courts, and the United Nations International Law Commission (ILC) for practical or diplomatic purposes? Second, what is the relationship between “progressive development of international law and its codification” and “lex lata and lex ferenda”? The article analyzes scholars’ teaching, the practice of States, domestic and international jurisprudence.]]></description>
            <category>ARTICLE</category>
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        <item>
            <title><![CDATA[Collective Litigation for Consumer Protection Under Vietnamese Law: Identifying an Appropriate Procedural Model]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2026-0032</link>
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            <pubDate>Wed, 09 Sep 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[Collective litigation has become an increasingly important procedural mechanism for addressing consumer disputes arising from the same or similar unlawful conduct. This article examines the theoretical foundations of collective litigation, analyses the current Vietnamese legal framework, and identifies an appropriate procedural model for strengthening consumer protection. The analysis demonstrates that, although Vietnamese law has incorporated certain elements of collective consumer litigation through representative proceedings initiated by consumer organisations, it has not yet established a coherent procedural framework for collective claims. Existing shortcomings include the absence of specialised procedural rules, limited standing to commence representative proceedings, and the lack of clear provisions governing collective participation, the binding effect of judgments, and the distribution of compensation. Based on comparative experience, the article argues that Vietnam should develop a representative model of collective litigation by expanding standing to initiate proceedings and introducing dedicated procedural rules tailored to collective consumer disputes. Such reforms would enhance access to justice, strengthen consumer protection, and improve the effectiveness of civil enforcement in Vietnam.]]></description>
            <category>ARTICLE</category>
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        <item>
            <title><![CDATA[The Composition and Establishment of the Dispute Settlement Body in ASEAN: Legal Procedural Issue on the Appointment of Appellate Body Members]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2026-0024</link>
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            <pubDate>Thu, 30 Apr 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[This paper examines why the Association of Southeast Asian Nations (ASEAN) has not appointed members to its Appellate Body. Although ASEAN established its dispute settlement mechanism in 1996 and revised it in 2004 and 2019, the Appellate Body remains unappointed. A similar problem exists in the World Trade Organization (WTO), where the appointment of Appellate Body members has also stalled, preventing the effective operation of appellate review. In contrast, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) does not face this issue. This article analyzes the ASEAN dispute settlement mechanism to identify legal barriers to appointing Appellate Body members. It finds that the requirement of consensus among all ASEAN Member States allows any state to block appointments. To address this problem, the paper suggests introducing a default appointment mechanism and allowing the use of an incomplete roster of Appellate Body members to ensure the system functions effectively]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Asset Recovery in Corruption Cases After Criminal Conviction: Experiences from The United Kingdom and Singapore with Implications for Vietnam]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2026-0027</link>
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            <pubDate>Thu, 30 Apr 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[Asset recovery following criminal conviction plays a significant role in anti-corruption policy, aiming to deprive offenders of illicit benefits and to remedy losses suffered by the State. The present article maintains that the main difficulties of post-conviction asset recovery (PCAR) in Vietnam do not stem solely from shortcomings in legal provisions, but also from limitations in early asset preservation (EAP) prior to the final effectiveness of criminal judgments. Comparative experience from the United Kingdom and Singapore suggests that effective recovery mechanisms rely on assessing overall criminal benefits together with early asset-preservation measures. Hence, it is suggested that legal reform in Vietnam should prioritise procedural mechanisms that enable EAP and strengthen enforcement coordination. These findings help clarify how OCAR mechanisms may operate effectively across different legal traditions.]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Legal Framework for Investor Protection Fund in the Stock Market - Experiences from Northeast Asian Countries and Lessons for Vietnam]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2026-0023</link>
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            <pubDate>Thu, 30 Apr 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[The article analyzes the necessity of establishing a Securities Investor Protection Fund (SIPF) in Vietnam, drawing lessons from Northeast Asian countries such as Japan, South Korea, China, and Taiwan. The research addresses why it is essential to establish a SIPF in Vietnam and how experiences from these Northeast Asian countries can be applied to improve investor protection in Vietnam. Using a comparative analysis method, the article examines the legal regulations, operational mechanisms, and effectiveness of investor protection funds (IPFs) in Northeast Asian countries, proposing specific and feasible solutions for Vietnam. The research findings indicate that while the stock market plays a crucial role in economic development, it is vulnerable to financial risks, as evidenced by the 2008 financial crisis. The article suggests that Vietnam should establish a SIPF with transparent and strict management mechanisms, similar to those in Northeast Asian countries, to protect investor rights and enhance confidence in the stock market. Such reforms will help build an effective IPF system, promote sustainable development of the stock market, and create a safe and reliable investment environment.]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Contemplations on the Death Penalty Abolition under the International Criminal Court’s Justice System]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2026-0021</link>
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            <pubDate>Thu, 30 Apr 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[The state’s choice to retain the death penalty within its penal system, traditionally, has been within the realm of its sovereignty. A dynamic, however, materialized when the International Criminal Court (ICC) took a zero-sum approach in its criminal justice system by abolishing the death penalty. Consequently, a potential erosion of what has been traditionally recognized as the state’s choice arises. This article will assess the evolution of the criminal justice system in the international law context, which eventually influenced the ICC’s position. Following such observation, this article will inquire whether the ICC’s abolitionist approach could be universally embraced, especially in a world filled with diverse legal traditions. Finally, this article will probe the leeway within the complementarity principle, which for so long has been regarded as the retentionist states’ last line of defence in preserving the death penalty when the ICC has jurisdiction.]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Civil Transactions in Breach of Formality, Notarization, and Authentication Requirements under Vietnamese Civil Law]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2026-0026</link>
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            <pubDate>Thu, 30 Apr 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[Under civil law, the form of a transaction is considered one of the constitutive elements for the validity of a civil transaction when required by law. Not all violations of formal, notarization, and authentication requirements in civil transactions give rise to legal consequences. The 2015 Civil Code of Vietnam adopts a more flexible approach than earlier versions, notably through Article 129, which introduces a “remedial mechanism” allowing civil transactions to be upheld if one party has fulfilled at least two-thirds of their obligations. This article analyses the current Vietnamese civil law regulations regarding civil transactions that do not comply with form requirements and notarization/authentication procedures, and examines the shortcomings in their practical enforcement. Based on this analysis, the authors propose legal reforms to strike a balance between adherence to form and notarization, authentication procedures requirements, and voluntariness in civil transactions.]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Judicial Approaches to Climate Change: The Dutch Experience and Reflections for Vietnam]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2026-0025</link>
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            <pubDate>Thu, 30 Apr 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[Climate change has become one of the most pressing concerns confronting the international community. Among the countries responding to this challenge, the Netherlands is widely recognised for its long tradition of environmental protection and for its active use of judicial measures to address the impacts of climate change. The purpose of this article is to provide a broad picture of climate change litigation around the world. After presenting the global situation, the article turns to developments in the Netherlands, where climate related lawsuits have evolved into a notable model with active participation from civil society and significant engagement from the courts. To clarify the main legal questions that arise in this area, the article studies two important judicial decisions, the Urgenda case and the Shell case. The article then considers how Dutch climate litigation has influenced discussions beyond national borders and has contributed to shaping expectations of climate responsibility at the global level. In relation to Vietnam, the article suggests that experiences from jurisdictions such as the Netherlands, especially the outcomes of the Urgenda and Shell cases, may offer meaningful lessons for countries that are dealing with the increasing and visible effects of climate change.]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Law and Policy in Healthcare Decision-Making: A Comparative Analysis of Singapore and Japan]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2026-0022</link>
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            <pubDate>Thu, 30 Apr 2026 00:00:00 GMT</pubDate>
            <description><![CDATA[This study provides a comparative legal and policy analysis of healthcare decision-making frameworks in Singapore and Japan, focusing on informed consent, mental capacity, and advance directives. Singapore’s common law-based system emphasizes individual autonomy through mechanisms such as the Lasting Power of Attorney (LPA), providing clear legal safeguards and structured planning for incapacity, though clinical practice may still reflect relational decision-making. By contrast, Japan’s civil law-influenced and community-oriented framework relies more heavily on familial involvement and physician discretion, reflecting culturally embedded relational values. The comparison highlights trade-offs between legal certainty and cultural appropriateness and identifies opportunities for mutual policy learning. Japan could strengthen patient autonomy by adopting elements of Singapore’s LPA framework, while Singapore could benefit from Japan’s community-based care practices. Overall, the study emphasizes the importance]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[From Investment Protection to Investment Facilitation: A New Paradigm in the Pursuit of Sustainable Development]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2025-0014</link>
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            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[Over the past decade, international investment agreements (IIAs) have undergone significant reforms, addressing longstanding concerns within the investment treaty regime and marking a shift from traditional protectionist models to frameworks emphasizing investment promotion and facilitation. This evolution seeks to mitigate regulatory chill, attract and retain investment, and enable governments to implement policies that support sustainable development. Nonetheless, doubts remain as to their effectiveness in achieving concrete sustainable development outcomes. International investment law is also witnessing a rise in standalone Investment Facilitation Agreements (IFAs), such as the World Trade Organization’s Investment Facilitation for Development Agreement and the European Union–Angola Sustainable Investment Facilitation Agreement (EU-Angola SIFA). Unlike traditional IIAs, IFAs aim at improving host States’ investment climate by prioritizing transparency, streamlining procedures, stakeholders dialogue, and inter-State cooperation. The EU–Angola SIFA sets a precedent for this new approach, expressly focused on sustainability and serves as a model for future EU cooperation frameworks. By examining this approach, this paper seeks to contribute to discussions on the evolution of international investment law in ways that better align with sustainable development objectives.]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[With Brussels, or Not? The Extent of Influence of European Union-Style Trade and Sustainable Development Provisions for ASEAN and its Member States]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2025-0015</link>
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            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[The linkage between international trade regulation and sustainable development is increasingly evident in contemporary regional trade agreements (RTAs). The European Union (EU) has been at the forefront, advocating for the inclusion of trade and sustainable development (TSD) provisions in its regional trade agreements (RTAs) with trading partners, especially with two key Southeast Asian partners, which are Vietnam and Singapore. In contrast, ASEAN’s regional economic integration shows a noticeable absence of TSD concerns. This discrepancy points to differing levels of commitment to TSD provisions in RTAs. For AMSs (AMSs), adopting EU-style TSD provisions could either be welcomed or resisted, making it essential to understand the extent of the EU’s influence. Drawing from Brunnée &amp; Toope’s ‘interactional international law’ perspective, the article examines the EU’s engagement and its influence on AMSs’ understanding of TSD. This article concludes that even if the EU views sustainability as a value to be promoted internationally, this does not necessarily mean that AMSs negotiating TSD provisions will adopt the EU’s approach verbatim. The agency of AMSs in resisting or adapting EU influence should not be overlooked. It is also important to note that some AMSs may incorporate sustainability considerations into their domestic policies, even in the absence of a cohesive ASEAN-level narrative or direct engagement with the EU on trade and sustainability.]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Harmonization of Trademark Law in ASEAN: Challenges and Progress]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2025-0016</link>
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            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[Legal harmonization is essential as the need to exchange goods, trade, and services between and among countries becomes more liberized. Aiming towards a common legal framework with shared characteristics to minimize disparities in regional legal fields, the Association of Southeast Asian Nations (ASEAN) is determined to build a legal structure capable of regulating key issues affecting that common goal. Cooperation related to intellectual property (IP) issues has seen steady growth, influencing the development of each nation’s IP systems and the region’s overall socioeconomic progress. In the field of trademarks, businesses have faced difficulties with procedures and related policies due to the differences in trademark regulations between countries, particularly in the protection of non-traditional trademarks, since the protection regimes of different countries vary. Therefore, research on the issue and the suggestion of viable solutions are necessary. Based on ASEAN’s common spirit of eliminating differences in national laws, this article aims to identify challenges and propose recommendations for harmonizing trademark law in ASEAN.]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Towards a Data-Driven Future - Fostering the Flow of Personal Data between ASEAN Countries and the European Union]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2025-0017</link>
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            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[In the period of opening a new chapter of Association of Southeast Asian Nations (ASEAN) and the European Union (EU) relations, the issue of digital transition and economic cooperation is mentioned as a special concern. Transferring the cross-border flow of personal data is the key to growing the digital economy. However, differences in personal data protection regulations between the ASEAN and the EU pose challenges to the cooperation and economic development of the two blocs. This article undertakes a comparative legal analysis of existing personal data protection regulations in the EU and selected ASEAN countries: Singapore, Indonesia, and Vietnam, highlighting their respective approaches to cross-border data transfers. The article identifies aspects of normative uncertainty and legal fragmentation that may hinder data mobility and digital cooperation between the two blocs. Based on this comparative overview, the article outlines preliminary considerations for improving regulatory alignment in a manner that facilitates secure and lawful data flows while respecting regional legal diversity.]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Ecocide: From Global Historical Development to Vietnamese Context]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2025-0018</link>
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            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[Vietnam had incorporated the criminalization of ecocide into its domestic legislation before receiving international acknowledgment, emphasizing the importance of prosecuting serious environmental damage to enhance the efficacy of the criminal justice system. However, after this initial initiative, ecocide gradually receded from prominence within Vietnam’s legal framework. In the contemporary context, it is crucial to realign the focus on this matter. This article explores the rationales advocating for the acknowledgment of ecocide as a global criminal offense under the Rome Statute, in conjunction with Vietnam’s historical encounter with ecocide and its treatment as a criminal violation in domestic law over the preceding four decades.]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Developing Vietnam’s Carbon Market: Comparative Analysis of Korean Emission Trading System and Indonesia’s Compliance Framework]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2025-0019</link>
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            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[The Korean Emission Trading System (K-ETS), implemented since 2015, is Asia’s first nationwide emission trading system featuring a sophisticated cap-and-trade mechanism, gradual transition from free allocation to auctioning, and effective market stabilization measures. This study compares K-ETS with Indonesia’s flexible cap-tax-and-trade model, which includes dual mechanisms (emissions trading and offsets) but applies lower carbon prices and weaker enforcement. Drawing from these models, the study recommends Vietnam adopt K-ETS’s phased cap-and-trade design while incorporating Indonesia’s flexibility, as well as propose that Vietnam should establish a clear legal framework, classify carbon credits as securities, and ensure market stability to meet its 2050 carbon neutrality target.]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[From “Best Interests” to “Will and Preferences”: Reforming New Zealand’s Adult Decision-Making Capacity Law]]></title>
            <link>https://reference-global.com/article/10.2478/vjls-2025-0020</link>
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            <pubDate>Sun, 21 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[This paper analyses the New Zealand Law Commission’s proposals to repeal the Protection of Personal and Property Rights Act 1988 and establish a new legal framework for adult decision-making. The reforms align domestic law with the Convention on the Rights of Persons with Disabilities (CRPD) by replacing the capacity-based “best interests” model with a rights-based, will-and-preferences paradigm that prioritizes supported decision-making and respects individual autonomy. The paper situates the proposals within a comparative framework, drawing on Ireland’s Assisted Decision-Making (Capacity) Act 2015 and Victoria’s Guardianship and Administration Act 2019, and identifies critical implementation challenges, including public education, independent oversight mechanisms, culturally responsive court processes, and the incorporation of tikanga Māori. The analysis concludes that the proposed reforms represent a fundamental shift in the legal and social understanding of autonomy, with broader implications for Asian countries currently re-examining adult guardianship and decision-making systems under the influence of the CRPD, and it highlights the potential for integrating culturally specific practices into rights-based frameworks.]]></description>
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