1.  Full name: Vu Thanh Ha      

2.  Sex: Female            

3.  Date of birth: 16th October 1989                  

4.  Place of birth: Hanoi                        

5.  Admission decision number: No. 2788/QĐ-ĐHQG dated 16th September 2016 by the President of Hanoi National University.

6.  Changes in academic process: No. 183/QĐ-ĐHQGHN dated 20th January 2019 by the President of Hanoi National University.

7.  Official thesis title: Vietnamese legal system in the process of globalization and formation of the ASEAN Economic Community (AEC)         

8.  Major: Theory and history of state and law    

9.  Code: 9380101.01                            

10.  Supervisor: Prof. Dr. Dao Tri Uc

11. Summary of the new findings of the thesis:

The first contribution of this thesis lies at it being the first academic research in the field of legal science in Vietnam that examines comprehensively the influences of globalisation and regionalisation on the Vietnamese legal system. This is to clarify the legal issues that arise in theories of the legislature, in application of the laws, and in building legal awareness and culture, as well as legal training.

Secondly, this thesis makes the first attempt in clarifying the concept of legal globalisation, elements of the legal globalisation process, the mechanisms and various approaches of legal interaction inside the globalisation process, new values, progressive content and challenges facing the legal integration process.

Thirdly, for the first time in Vietnam, the thesis systematically outlines the structure of a country’s legal system under the impact of globalisation and regionalisation, including:

National laws

Norms and regulations of international law (including treaties to which the country is a member) being implemented compulsorily, as well as the common rules of international law, principles and customs of international law, legal precedents and interpretation from international courts when they are being recognised and applied by the country.

Laws of the regional association to which the country is a member (the level of enforcement depends on the legal nature of that regional association), also known as the supranational law.

Legal regulations of transnational organisations whose enforceability also depends on the country’s membership. For example, the regulations of WTO, WB, IMF are compulsory when the country has relations; meanwhile, the regulations from international consulting organisations and prestigious research institutions have their enforceability related to the choice in engagement practice. For instance, Unigroit’s rules, the one on Arbitration from the International Trade Centre (ICC) in Paris, the legal principles set by the US Institute for Legal Research, etc. – also known as the transnational law.

The legal elements are adopted in the legal transformation process (transplantation, borrowing) from the legal system of other countries.

Fourthly, for the first time in the process of reforming the Vietnamese legal system, the content and governing approaches, the legal practice and awareness are being considered thoroughly to examine their changes under the influences of legal globalisation elements as above presented. This is to identify the trend for continued reforming the Vietnamese legal system.

Fifthly, the process of research for this thesis has built up a number of fundamental concepts such as legal globalisation, global law, supranational law, transnational law, legal transformation, mechanisms for engagement of multiple legal systems.

Sixthly, the thesis has raised a scientific point of view with regard to the divergence of the process of reforming the Vietnamese legal system since the country’s renovation from 1986. On that basis, the thesis has come to form the perspective of reforming the legal system in the context of globalisation and regionalisation, which is: it is necessary to emphasise an open legal system to actively absorb progressive legal ideological values, especially in the context of Industrial Revolution 4.0; good thoughts and good experiences in law regulation, in legal practice of the world based on scientific principles and processes of legal transformation and reception. From there, there have been requirements on fundamental changes in the legal awareness, changes in the structure of the legal system, in content and governing methods of law; on enhancing the integration capacity of institutions that apply laws, and of individual citizens and enterprises; on changes in legal training and education.

12. Practical applicability, if any:

Outcomes if this thesis can be used in the law building process in the direction of properly handling issues of legal reception, legal transformation, participation in international agreements, diversification of legal sources. The research outcomes can also be applied in judicial practice towards improving the skills of applying law, foreign precedents, international treaties and customs set by Judges and Arbitrators. The thesis can be used as materials for teaching and research on history and theory of the State and law, and international law.

13. Further research directions, if any:

The PhD student considers the continuation of the current research topic prominent to his future researches, which will pay more attention to research for proposing mechanisms for interaction and receipt of international treaties to which Vietnam has yet been a member; research on practical capacities of law enforcement agencies and citizens in the context of globalisation and ASEAN integration.

14. Thesis-related publications:

Vu Thanh Ha (2016), “The legal perspectives of the globalisation and regionalisation processes”, Journal of Legal Sciences, issue 4(98), pp. 65-71.

Vu Thanh Ha (2019) , “Changes in legal systems in the context of globalisation”, Journal of State and Law, issue 12(380), pp. 3-11.

Vu Thanh Ha (2019), “Legal transformation in the context of globalisation and regional integration”, Journal of Science, Hanoi National University, issue 4, pp. 85-93.