Study on Mechanism for ensuring judicial integrity to promote business environment in some countries and lessons for Viet Nam

The Study was funded by Central Committee of Internal Affairs and United Nations Development Programme (UNDP).

Number of pages: 13
Author:
Nguyen Hung Quang – NHQuang&Associates
Tuong Duy Luong – Former Vice Chief Justice of the Supreme People’s Court
Year Published: 2020

Abstract:
As Montesquieu wrote in the book The Spirit of Law, the Court’s activities in resolving disputes to ensure the contract enforcement and the property rights of individuals and organizations are one of the key factors to promote business investment.

Based on this fundamental understanding, the objective of the Study on Mechanism to Promote Business in Some Countries and Lessons for Viet Nam is to assist the Party and State policy-making agencies in implementing the Strategy for completing the legal system (Resolution 48 and Conclusion 83), Strategy for judicial reform (Resolution 49 and Conclusion 84).

Through analyzing the indexes of Viet Nam and the world on the business environment, the Study researched on integrity ensuring mechanisms in three (03) countries, including the Federal Republic of Germany, the Federation of Malaysia and the Republic of Singapore, Viet Nam can compare its similar mechanisms with theirs to find out the issues that need improvement for Viet Nam to promote judicial integrity because these countries are more developed (Singapore, Germany) or similar to Viet Nam (Malaysia).

Mechanisms to ensure judicial integrity to be studied include: (1) Mechanism for selection, appointment and promotion of Judges; (2) Personnel Management of the Judicial System; (3) Case Management and Court Administration; (4) Access to Justice and Legal Services; (5) Publicity and Court Automation; (6) Performance Evaluation; (7) Judicial Code of Conduct and Disciplinary Mechanism. These mechanisms are studied in accordance with the UNODC Guidelines.

Suggested Citation: Nguyen Hung Quang, Tuong Duy Luong, Executive Summary of Study on Mechanism for ensuring judicial integrity to promote business environment in some countries and lessons for Viet Nam, 2020, access link: https://www.undp.org/sites/g/files/zskgke326/files/migration/asia_pacific_fairbiz/Executive-Summary_Analysis-of-Judicial-Integrity-mechanism-and-lessons-learned-for-Viet-Nam.pdf

NHQuang Support Team: Nguyen Ngoc Ha, Luu Tue Dang, Nguyen Thi Kim Anh, Nguyen Quoc Khanh.

Executive Summary of Study on Mechanism for ensuring judicial integrity to promote business environment in some countries and lessons for Viet Nam

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