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Information on Doctoral thesis of Fellows Nguyen Quang Duc

1. Full name :  Nguyen Quang Duc                                           2. Sex: Male

3. Date of birth: May 2nd, 1988                                                  4. Place of birth:  Nam Dinh

5. Admission decision number:  Decision No. 5385/QD-DHQGHN dated December 31st, 2015 issued by the President of Vietnam National University, Hanoi.

6. Changes in academic process: Decision No. 364/QĐ-KL dated June 30, 2016 of the Chairman of the School of Law on the change of the staff guiding the thesis for supervisor of Ph.D student.

7. Official thesis title:  Ownership regimes in Vietnamese Constitutions

8. Major: Theory and History of State and Law                9. Code: 9380101.01

10. Supervisors:  1. Associate Professor Dr. Chu Hong Thanh

                          2. Associate Professor Dr. Nguyen Minh Tuan

11. Summary of the new findings of the thesis:

Research purposes: The purpose of the thesis is to solve some theoretical issues in the professional major and practices such as building the theoretical basis of the ownership regimes in the constitutions; determining the movement rule of the ownership regimes in Vietnamese constitutions.

Research subject: “ownership regimes in the constitution”.

Specific research methods include: Method of normative analysis; Method of document analysis; Method of comparison; Historical method; Qualitative research method.

Main results of the thesis:

Firstly, to develop a theoretical framework on the basis of forming the constitutional ownership regime in the constitution depending on interdisciplinary approach between law, history and economy and politics.

Secondly, to finger out the movement rule of the ownership regime in Vietnamese Constitutions evolving in two contradictory cycles. It is seen that the first cycle from the Constitution of 1946 to the Constitution of 1980 is the process towards private ownership of means of production eliminated. The second cycle from the Constitution of 1992 to the Constitution of 2013 proceeds in the opposite direction, which is to diversify the forms of ownership, recognize the private ownership of production means (except the land).

Thirdly, to propose the opinions and recommendations on the ownership regime in the Vietnamese constitution, such as: the expansion of private ownership creating equality between the owners, the clarification of the ownership over the whole people and the combination of different ownership regimes.

Fourthly, to indicate that “Open access regimes” is supposed to be a possible approach for the current situation related to some objects with the ownership of common resources (such as beaches, rivers, streams, cattle grazing grounds and etc.).

12. Practical applicability, if any: 

The practical significance of the doctoral thesis: Firstly, to give recommendations on the ownership regime in the process of amending the future constitution through analyzing the development trend of the ownership regime in the constitution in the modern context; Secondly, to supplement research and study materials in the fields of law (ownership, constitution), economics - politics and history.

13. Further research directions, if any:

The PhD student intends to continue researching on the ownership regime in the constitutional models; and the application of open access regime in solving the challenges of the ownership regime in Vietnam.

14. Thesis-related publications:

1. Nguyen Quang Duc (2018), “Basis of forming ownership regime in the Constitution”, Journal of Legislative Studies, No. 19 [371] 1st term of October, pp. 8 - 14.

2. Nguyen Quang Duc (2018), “The demand and classification of the constitution under the view of substantiality”, Scientific Journal of Hanoi National University – Journal of Law, Vol. 34, No. 4, pp. 89 - 95.

3. Nguyen Quang Duc (2019), “Ownership regime in the Constitution of Vietnam before the Doi Moi”, Journal of Industry and Trade, No. 11 (June), pp. 78 - 84.

4. Nguyen Quang Duc (2019), “The position and development trend of private ownership and joint ownership”, Scientific Journal of Hanoi National University – Journal of Law, Vol. 35, No. 3, pp. 63 - 69.

5. Nguyen Quang Duc, Bui Thuy Hien (2020), “The formation and development of the ownership through the Constitutions of Vietnam”, 8th Asian Constitutional Law Forum 'Asian Constitutional Law: Recent Developments and Trends', on 6th-7th December 2019, in Hanoi, Vietnam, pp.101-116.

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