Prawo i Więź ukazuje się regularnie od 2012 roku, a od grudnia 2015 roku znajduje się na ministerialnej liście czasopism punktowanych. Od 2024 r. Prawo i Więź jest dwumiesięcznikiem publikowanym w cyklu wydawniczym: luty, kwiecień, czerwiec, sierpień, październik, grudzień. W Prawie i Więzi publikowane są teksty ze wszystkich dziedzin prawa prawa materialnego i procesowego oraz z teorii, filozofii i socjologii prawa. Czasopismo przyjmuje do publikacji teksty w języku polskim i angielskim, przygotowane w formule artykułów, glos lub recenzji monografii naukowych. Czasopismo dąży do rozszerzenia zakresu polskiej debaty prawniczej poprzez wprowadzenie do niej niedostatecznie zbadanych problemów, a także umieszczenie krajowych zagadnień w szerszym kontekście międzynarodowym. Redakcja preferuje artykuły, które przedstawiają szerszy kontekst międzynarodowy i perspektywę prawnoporównawczą, jak również wprowadzają idee, zagadnienia i problemy prawne, które nie były dotychczas szeroko omawiane w Polsce. Prawo i Więź jest indeksowane w SCOPUS, European Reference Index for the Humanities and Social Sciences (ERIH PLUS) i The Central European Journal of Social Sciences and Humanities (CEJSH). Prawo i Więź jest adresowane przede wszystkim do przedstawicieli środowiska naukowego. Gorąco zachęcamy Czytelników do zapoznawania się kolejnymi numerami czasopisma, a Autorów do współpracy! Wersja pierwotna Online Dostęp Open Access (OA) MNiSW 100 pkt DOI 10.36128 ISSN 2299-405X online ISSN 2719-3594 Wskaźnik odrzuceń 34%
Wydawnictwo Spółdzielczego Instytutu Naukowego
Sovereignty by Design: Embedding Fiscal Risk Intelligence in Europe’s Defence-Digital Strategy
The European Union confronts structural uncertainty across defence and digital sectors. Fiscal governance still relies on stability-oriented frameworks that cannot handle volatility. This paper argues that strategic autonomy requires integrating actuarial reasoning – quantification, pricing and systemic treatment of uncertainty – into existing EU budgeting and investment tools. The approach does not require new institutions or treaty changes. It requires a change in decision logic inside the Multiannual Financial Framework, the European Defence Fund, the Digital Europe Programme and the European Investment Bank. Empirical work in cyber-risk insurance, cyber-threat forecasting and development finance demonstrates that uncertainty can be modelled and priced. Actuarial governance emerges as a necessary foundation for credible European sovereignty.
Prawa autorskie (c) 2026 Dominik Bierecki, Małgorzata Czuryk, Christophe Gaie, Jean Langlois-Berthelot https://creativecommons.org/licenses/by/4.0
Stosowanie art. 115 k.c. do obliczania upływu terminu przedawnienia –uwagi na tle orzecznictwa Sądu Najwyższego
Celem artykułu jest analiza problematyki stosowania art. 115 k.c. do obliczania upływu terminu przedawnienia. Przedmiotem rozważań jest określenie czy termin przedawnienia może być traktowany jako „termin do dokonania czynności” w rozumieniu art. 115 k.c., oraz jakie konsekwencje prawne wynikają z przyjęcia odmiennej kwalifikacji. W tym zakresie, artykuł analizuje aktualne stanowiska doktryny i orzecznictwa Sądu Najwyższego. W wyniku przeprowadzonej analizy wskazano, że termin przedawnienia ex lege powoduje powstanie kompetencji dłużnika do podniesienia zarzutu przedawnienia, niezależnie od dni ustawowo wolnych od pracy. Nowatorstwo artykułu polega na kompleksowym zestawieniu i systematyzacji stanowisk doktryny oraz judykatury w świetle nowelizacji art. 118 k.c., przyczyniając się do pogłębionego rozumienia funkcji przedawnienia w polskim systemie prawa cywilnego.
przedawnienie, termin, dni wolne od pracy, czynność prawna
Prawa autorskie (c) 2025 Julia Synak https://creativecommons.org/licenses/by/4.0
Integration of Indigenous Peoples’ Protection with Environmental Sustainability as an Impact of Environmental Change
Climate change is not merely an environmental phenomenon but a profound challenge to the relationship between law and social justice. In Indonesia, Indigenous Peoples, whose cultural survival and livelihoods are tied to forests and ecosystems, face disproportionate risks from rising temperatures, deforestation, and extractive industries. Communities such as the Dayak in Kalimantan, the Baduy in Banten, and the Orang Rimba in Jambi exemplify how environmental degradation intersects with long-standing marginalization and weak legal recognition of customary rights. This paper examines how Indonesia’s legal framework mediates the nexus between climate governance and social justice. It focuses on the tension between the Job Creation Law (Law No. 11/2020), which prioritizes investment through centralized licensing and reduced environmental safeguards, and the Draft Law on Indigenous Peoples (RUU MA), which aims to formalize recognition of customary territories, participatory rights, and the principle of Free, Prior and Informed Consent (FPIC). Employing a normative and literature-based analysis, the study draws upon constitutional jurisprudence, international human rights instruments (UNDRIP, ILO Convention No. 169), and climate justice frameworks (UNFCCC, Cancun Safeguards) to evaluate how law can either perpetuate or mitigate social inequality. The findings indicate that regulatory incoherence weakens constitutional guarantees and fractures the social bond linking law, environment, and vulnerable communities. The paper proposes a rights-based model of climate governance that positions Indigenous Peoples as partners in climate solutions, reaffirming law’s potential to foster, not fracture, social cohesion and justice.
Climate Justice Free Prior and Informed Consent (FPIC)
Prawa autorskie (c) 2026 Kristianto Halomoan https://creativecommons.org/licenses/by/4.0
Rethinking WTO Subsidy Disciplines for Sustainable Development
This paper examines the WTO legal framework governing subsidies and reviews recent reform proposals concerning the identification and categorization of subsidies under the SCM Agreement. It argues that the prevailing trade-distortion-centred approach to subsidy regulation is increasingly misaligned with the WTO’s sustainable development mandate. The paper therefore proposes a reform of WTO subsidy disciplines in which alignment with sustainable development objectives becomes a central criterion, alongside trade effects, for assessing the permissibility of subsidies, while preserving the fundamental principles of the multilateral trading system.
Prawa autorskie (c) 2026 Ha Pham Loc https://creativecommons.org/licenses/by/4.0
Green Blindness in the Digital Age: Towards a Regulatory Agenda for Digital Environmental Justice
The twin transitions of green and digital transformation are redefining sustainable development agendas, yet current digital innovation often suffers from “green blindness,” the neglect of environmental externalities and justice concerns. This oversight can lead to significant environmental harm and exacerbate inequalities, as recent analyses have warned, highlighting that environmental issues are being sidelined in favor of digital growth. This study examines the legal aspects of this issue, situating the discussion within a global context and employing a comparative lens on developing countries. In Vietnam, for example, a booming digital economy coupled with pressing environmental challenges highlights the need for integrated governance to avoid high resource consumption and other sustainability risks. The paper introduces the concept of digital environmental justice, to ensure that the benefits and burdens of digital transformation are distributed equitably, and ecological impacts are mitigated. It examines how emerging technologies, including artificial intelligence, blockchain, and big data systems, intersect with climate and environmental goals, identifying gaps where regulatory frameworks lag behind technological advancements. By bridging digital rights and environmental law, the paper argues for a more equitable, inclusive, and sustainable digital age, guiding the twin transitions toward both green and just outcomes.
Prawa autorskie (c) 2026 Phuc Gia Dao, Le Vu Nam https://creativecommons.org/licenses/by/4.0
Shaping Green Digital Rights in Vietnam: A Law-And-Economics Perspective on Data Governance and Digital Asset Regulation in the Context of the Twin Transition
This paper analyzes Vietnam’s current legal framework for data governance and digital asset regulation, while exploring the potential for the formation of “green digital rights,” a novel interdisciplinary concept at the intersection of environmental sustainability, digital innovation, and legal theories of property rights. Through a legal-economic lens, the study assesses how the recognition of digital assets can incentivize environmentally friendly business models and financial instruments. Empirical analysis, based on a detailed case study in Khanh Hoa province, reveals both opportunities and persistent legal gaps in high-tech marine aquaculture and smart urban development. The research findings indicate that while the recognition of data as a digital asset opens prospects for green finance, significant legal gaps persist in environmental data governance and the application of digital assets to sustainable development sectors. Policy recommendations derived from this analysis include enhancing regulatory clarity, implementing legal sandboxes to foster innovation, improving environmental data standards, and strengthening institutional capacity. This study not only provides actionable policy recommendations but also contributes to deepening the theory of sustainable digital governance and property rights in the context of the twin transition.
Prawa autorskie (c) 2026 Dang Hoang Xuan Huy, Ha Trang Nguyen Thi https://creativecommons.org/licenses/by/4.0
Issues of Equity and Efficiency in Twin Transition in Vietnam from an Economic-Legal Integrated Perspective
In the context of globalization and the fourth industrial revolution, the twin transition (digital transformation and green transformation) is becoming a key strategic direction for nations, including Vietnam, to promote fast and sustainable growth of the economy. However, alongside the promoted economic benefits, the twin transition process also gives rise to certain issues of fairness, affecting the sustainability of the transition model. This raises doubts about the role of the twin transition, posing a need to refine the legal framework to harmonize the goals of economic growth and social equity. This paper reinforces the view on the inevitability of the twin transition, defining the twin transition as two parallel processes, with a synergistic and contradictory relationship between digital transformation and green transformation, that contribute to promoting sustainable development. Based on the analysis of the theoretical framework and the current situation of the aforementioned digital transformation process in Vietnam, the paper proposes solutions to ensure the harmonization of fairness and efficiency in this process. Specifically, the solution involves simultaneously combining digital transformation policies with social security and sustainable development policies, tailored to regions and industries, consistent with the current practical context in Vietnam.
Prawa autorskie (c) 2026 Quoc An Chau, Mộng Tuyền Nguyễn Thị, Hạnh Dung Vũ Kim https://creativecommons.org/licenses/by/4.0
Navigating the Nexus in Southeast Asia: Legal Frameworks for Digital-Green Public-Private Partnerships in ASEAN’s Twin Transition Era
This paper explores how Southeast Asia can build the legal foundations to support a “Twin Transition”: the shift toward both digital transformation and green sustainability, through Public-Private Partnerships (PPPs). Given ASEAN’s diverse legal systems, climate risks, and infrastructure gaps, PPPs are key to attracting private investment and innovation. But managing both digital and green goals in long-term contracts requires legal frameworks that are flexible, fair, and adapted to regional realities. This paper details a range of legal tools and mechanisms crucial for navigating this nexus in Southeast Asia. This includes the evolution of performance-based contracts to encompass both digital efficiency metrics and specific environmental outcomes, alongside innovative risk allocation strategies for technological obsolescence, cybersecurity, and climate-related events pertinent to the region. The paper examines the transformative potential of smart contracts and blockchain for enhancing transparency, accountability, and automated compliance in ASEAN’s digital-green projects, while also addressing their inherent vulnerabilities and regulatory challenges across diverse jurisdictions. Furthermore, it delves into the critical role of comprehensive data governance frameworks, including privacy-enhancing technologies and emerging AI governance standards, to manage the vast data generated by smart green infrastructure. Finally, it highlights the importance of fostering adaptive regulatory sandboxes for accelerating innovation, establishing robust dispute resolution mechanisms for complex, integrated projects, and leveraging existing and emerging international legal norms (e.g., cross-border data privacy rules, ASEAN digital integration frameworks) for facilitating greater regional collaboration in the Twin Transition. Ultimately, this paper advocates for a proactive, adaptive, and ethically grounded legal architecture within ASEAN that can effectively bridge the divide between digital innovation and environmental stewardship, enabling PPPs to fully realize their potential as catalysts for a truly sustainable, technologically advanced, and resilient future across Southeast Asia.
Prawa autorskie (c) 2026 Thông Bùi https://creativecommons.org/licenses/by/4.0
Green Leases in Germany: Towards a New Standard in Commercial Real Estate
This study examines the transformation of Green Leases in German commercial real estate from voluntary market initiatives to regulatory compliance necessities. The research investigates how EU and national regulatory frameworks – EU Taxonomy, SFDR, CSRD, and Germany’s GEG – drive contractual innovation in sustainable property management. Using qualitative methodology, this study conducts comprehensive document analysis of academic literature, legal documentation, and industry guidelines (2015-2025), examining regulatory impact mechanisms through thematic content analysis. The findings reveal a fundamental paradigm shift where regulatory requirements have become the primary driver of Green Lease adoption. The study identifies a systematic “regulatory cascade effect” whereby EU-level regulations translate into fund-level compliance requirements, subsequently driving property-level contractual obligations. The EU Taxonomy's “Do No Significant Harm” principle creates continuous compliance obligations requiring contractual mechanisms. This study contributes to academic discourse by systematically documenting the transition from voluntary to regulatorily-driven sustainability. The identified regulatory cascade effect provides a framework for understanding similar transformations in other European markets, establishing Green Leases as essential instruments in the emerging regulatory compliance architecture for sustainable real estate management.
Prawa autorskie (c) 2026 Michele Dilenge https://creativecommons.org/licenses/by/4.0
Sustainable Consumer Data Protection in Vietnam’s E-Commerce: Bridging Legal Gaps Through Global Insights
Vietnam’s enactment of the Personal Data Protection Law (PDPL), in 2025, scheduled to enter into force in 2026, represents a landmark shift toward codifying a modern data protection regime. Yet, the law enters a digital marketplace dominated by data-driven e-commerce platforms, uneven institutional capacities, and fragmented regulatory frameworks. This paper examines whether the PDPL can meaningfully safeguard consumer personal data in Vietnam’s rapidly expanding e-commerce sector, and what legal, institutional, and comparative insights can support its sustainable implementation. Drawing on a structured comparative analysis of the EU’s GDPR, China’s PIPL, and California’s CCPA, the paper evaluates how different regulatory philosophies, including rights-based, state-centric, and market-driven, offer lessons for refining Vietnam’s approach. Building on doctrinal, comparative, and normative analysis, the paper identifies persistent gaps in enforcement independence, lawful bases for processing, cross-border data governance, and sector-specific guidance for e-commerce. It proposes a sustainability-oriented, multi-dimensional reform framework emphasizing institutional independence, regulatory harmonization, risk-based governance, and sustainable data stewardship. The paper contributes to theoretical debates on consumer data governance in emerging economies, and provides policy guidance for Vietnam as it seeks to build a trustworthy, rights-respecting, and sustainable digital market.
Prawa autorskie (c) 2026 Nho Le https://creativecommons.org/licenses/by/4.0
International Experiences in Applying Artificial Intelligence to Prevent Intellectual Property Infringement, and Implications for Vietnam
The rapid evolution of artificial intelligence (AI) is transforming the enforcement of intellectual property (IP) rights worldwide. This paper examines how AI technologies are being applied internationally to detect, prevent, and manage copyright and patent infringement, and extrapolates key implications for Vietnam. However, advances of AI also raise complex legal, ethical, and policy questions. The study proposes a conceptual model integrating AI tools with human oversight to strengthen IP protection, and suggests that Vietnam adapt its legal framework and enforcement strategies in line with international best practices. In conclusion, Vietnam can leverage international experiences to craft forward-looking policies that harness AI in IP enforcement, bolstering its capacity to combat infringement in the digital era, while upholding legal and ethical standards.
Prawa autorskie (c) 2026 Tu Pham Ngoc Minh, Vy Do Huynh Yen https://creativecommons.org/licenses/by/4.0
The Blue Economy in International Law: Opportunities and Challenges for Vietnam
The concept of a blue economy, focused on the sustainable and regenerative use of ocean resources, has emerged as a strategic pathway for balancing economic growth, environmental protection, and social development, particularly for coastal communities. This transformation is essential to address the escalating economic and ecological challenges in these areas. As a maritime nation with significant natural advantages and a strategic geopolitical location, Vietnam’s pursuit of the blue economy requires effective engagement with a multilayered legal framework, comprising international law and its domestic legal system. This paper examines how existing international legal regimes, particularly under the 1982 United Nations Convention on the Law of the Sea, respond to the evolving demands of the blue economy and climate-responsive development. The paper also analyzes the international legal framework to identify key legal principles underpinning the blue economy, including the principle of sustainable development, intergenerational equity, equitable benefit-sharing, the no-harm principle, and the principle of international cooperation. These principles serve as foundational norms for guiding national legislation and international engagement in marine resource governance. By focusing on Vietnam’s legal system and policies, the study argues that realizing a sustainable blue economy demands not only legal reform but also improved inter-agency coordination, institutional consolidation, and international cooperation. The paper advocates for harmonizing national and international legal standards, and enhancing legal capacity for implementation. This approach supports Vietnam’s efforts to fulfill Sustainable Development Goal 14, reinforcing the need for inclusive and adaptive legal governance of the ocean in the era of the twin transition.
Prawa autorskie (c) 2026 Dinh Duc Nguyen, Ngo Huu Phuoc https://creativecommons.org/licenses/by/4.0
Patent Protection for Plant Varieties in Vietnam: The Key to Success for the Digital Transformation of the Agricultural Sector
Patent protection plays a crucial role in fostering innovation and facilitating the application of technology in agricultural production. In Vietnam, where agriculture remains a vital sector in the national economy, the development and implementation of technologies related to plant breeding, propagation, cultivation, harvesting and postharvest processing are of strategic importance – particularly in the context of accelerating digital transformation. However, the current legal framework primarily focuses on plant variety protection for newly created varieties, while the protection of technological processes associated with plant variety development through patent law has not been fully utilized. This underutilization limits the incentives for innovation and weakens the link between research outcomes and practical applications in the agricultural sector. Drawing on international experiences from countries such as Israel and China, where patent systems are effectively integrated into agri-tech development policies, this study examines the role of patent protection in enhancing the technological capacity of Vietnam’s agricultural sector. The analysis highlights how the combination of strong intellectual property regimes, increased investment in research and development, and effective collaboration among the state, research institutions, and enterprises can serve as a catalyst for agricultural digitalization. The paper concludes by proposing legal and institutional reforms to improve the patent protection of plant-related technological innovations, aiming to promote sustainable, innovation-driven growth in Vietnam’s agriculture and contribute to a successful digital transformation of the sector.
Prawa autorskie (c) 2026 Tín Ngô Minh, Như Nguyễn Quỳnh, Linh Lê Đoàn Mai https://creativecommons.org/licenses/by/4.0
The European Union’s Legal Framework on the Prevention of Child Labour in Global Supply Chains: Lessons for Vietnam
Over the past years, the European Union (EU) has been the first to come up with a strong legal framework to eliminate child labour within global supply chains. Through tools like the Directive on Corporate Sustainability Due Diligence (CSDDD), the EU is bringing businesses to report, avert and address the negative human rights effects through child labour among transnational corporations in their operations. This research examines the normativity and institutional underpinnings of an EU regulatory strategy on the prevention of child labour in international trade, in terms of its legal enforceability, engagement of stakeholders, and access to remedy. It also discusses the applicability and flexibility of these tools to the situation in Vietnam, a nation that is becoming more integrated into global supply chains and more internationalized due to trade agreements like the EU-Vietnam Free Trade Agreement (EVFTA) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The study uses a comparative legal approach, which shows that both normative synergies and regulatory gaps can be established between EU legal norms and national legislation on labour in Vietnam. The results indicate, that although the legal system in Vietnam has adopted some of the international labour norms, there are some major issues, especially on the aspects of the legal definition, enforcement ability, corporate responsibility, and supply chain transparency. The paper has concluded that the EU experience has lessons to be learnt by Vietnam, on how to strengthen its child labour governance. These involve institutionalisation of the mandatory human rights due diligence, improving the labour inspection regime, and revising the law to suit international and bilateral obligations. This research paper is a part of a wider research on the issue of responsible global trade and legal reform based on human rights in the emerging economies.
Prawa autorskie (c) 2026 Thành-Quang Nguyen https://creativecommons.org/licenses/by/4.0
Advancing Administrative Sanctions Through Digital Transformation: A Legal Perspective from Vietnam
Digital governance refers to the process of applying digital technologies to innovate the operational methods of public authorities, with the aim of enhancing the effectiveness and efficiency of governance as well as the quality of public services. In Vietnam, digital transformation has been identified as an inevitable trend, strongly driven by the policies and directives of the Communist Party and the State. The revision of the existing legal framework is currently underway to align with the policy of streamlining the state apparatus and promoting digital transformation, ensuring consistency with newly enacted laws in the present period. Within this context, the field of administrative penalty enforcement is also under pressure to leverage technology in order to address the shortcomings of traditional methods. In practice, the conventional administrative sanctioning process in Vietnam remains cumbersome, slow, and insufficiently integrated with modern technological tools, resulting in cumbersome procedures for citizens and challenges for authorities. Consequently, digital transformation in administrative penalty enforcement is expected to simplify procedures, enhance transparency, and improve the effectiveness of law enforcement.
Prawa autorskie (c) 2026 Nhat Khanh Nguyen https://creativecommons.org/licenses/by/4.0
Protecting Consumers Against „Greenwashing” under European Union Law: Lessons for Vietnam
This study critically examines the European Union’s evolving legal approach to combating greenwashing, with a particular focus on the Proposal for a Green Claims Directive (GCD) and related legislative initiatives under the European Green Deal. Employing systematization, analytical–synthetic methods, and comparative legal analysis, the research identifies substantive shortcomings in Vietnam’s current framework, including the absence of explicit rules on environmental claims and the lack of independent verification mechanisms. The findings reveal that the GCD Proposal, although not yet adopted, provides a structured and transparent regulatory model through its three core requirements: reliable scientific substantiation, life-cycle assessment, and third-party verification. Drawing on these insights, the paper proposes targeted reforms to Vietnam’s legal system, including the introduction of a statutory definition of greenwashing, the establishment of verification protocols aligned with international standards, and the imposition of sanctions proportionate to the harm caused by deceptive claims. These recommendations aim to enhance consumer protection, foster genuine sustainable business practices, and align Vietnam’s regulatory framework with global sustainability goals. By bridging comparative legal insights with domestic policy needs, the article contributes both to academic discourse on environmental law and to the practical advancement of Vietnam’s green transition.
Prawa autorskie (c) 2026 Huong Thi Kim Nguyen https://creativecommons.org/licenses/by/4.0
The Convention on the Contracts for the International Sale of Goods (CISG) and the Sustainable Supply Chain: Towards Ethical and Social Standards
The Convention on the Contracts for the International Sale of Goods (1980) (CISG) has been praised as the greatest legislative achievement in the field of international private law due to its significant ratifications (currently by 98 States), and has also been cited and used widely in several judgments and arbitral awards. However, it has been 37 years since the CISG came into force, and the new century has witnessed more complex issues than the simple act of selling and buying. The question is whether the CISG continues to adapt to the emergence of new trends in the 21st century, especially as ethical and social problems related to human rights and environmental sustainability receive increasing attention. This at first sight seems to have no relevance to the area that CISG governs. Having said that, ethical and social standards can potentially affect several aspects of the sale contracts, particularly the conformity of goods regarding the social and ethical quality and purpose, and whether the CISG remedies regarding the violation of the contract due to the social and ethical standards are applicable. Given the increasing emphasis on sustainable global supply chains as a key trend in recent years, sales contracts in these chains that are governed by the CISG and that involve environmental, social, and human rights considerations throughout the production process require renewed scrutiny. In this context, assessing whether the CISG can be interpreted in light of social and ethical standards becomes increasingly important for re-evaluating its relevance and impact in this new era.
Prawa autorskie (c) 2026 Nguyen Minh Ngoc, Nguyen Phuong Quynh Chi https://creativecommons.org/licenses/by/4.0
Prawo zamówień publicznych w warunkach stanów nadzwyczajnych
Efficient spending of public funds is a crucial task for the state, even in times of particular threat and following the introduction of a state of emergency, whether martial law, a state of emergency, or a natural disaster. In such situations, it is essential to restore the state's normal functioning in the face of exceptional threats. Legal instruments and mechanisms specified in public procurement law can and should serve this purpose. Therefore, the aim of this study will be to demonstrate the extent to which public procurement and its legal frameworks align with the normative solutions of states of emergency and how they can be useful and utilized in such situations.
Prawa autorskie (c) 2025 Ewa Przeszło https://creativecommons.org/licenses/by/4.0
The Necessity for a Legal Framework to Regulate the Environmental Impact of Data Centers in Vietnam: International Experiences and Recommendations for Vietnam
As Vietnam accelerates its digital transformation, data centers have quietly become essential infrastructure for the economy. However, behind this role lies a concerning reality: their development is running counter to the nation’s environmental commitments, particularly the “net-zero” target for 2050. The core issue lies in a legal vacuum. Vietnam's current legal framework, particularly the 2020 Law on Environmental Protection, was designed for traditional industries and lacks specialized regulations to manage the unique impacts of data centers. Key internationally recognized environmental performance indicators, such as Power Usage Effectiveness (PUE) and Water Usage Effectiveness (WUE), are almost entirely absent from normative documents. The lack of synchronization among environmental, energy, and technical infrastructure standards has created a fragmented legal environment, diminishing the effectiveness of state governance. An analysis of international experience reveals that advanced nations have proactively established effective legal frameworks. The European Union and Germany apply mandatory regulations with clear roadmaps for PUE and renewable energy adoption. The State of California (USA) utilizes a procedural mechanism, compelling investors to demonstrate and propose measures to mitigate environmental impacts from the initial permitting stage. Meanwhile, Singapore implements a comprehensive state management strategy through its Green Data Centre Roadmap. Drawing from these lessons, this paper proposes a system of synchronized solutions for Vietnam. The objective is not merely to “control” negative impacts, but to construct an intelligent legal corridor that transforms green standards into a genuine competitive advantage, enabling Vietnam's digital infrastructure to develop robustly and sustainably.
Prawa autorskie (c) 2026 Doan Thi Phuong Diep, Nguyen Trung Tin, Le Anh Kiet, Nguyen Minh Luan, Nguyen Xuan Thu https://creativecommons.org/licenses/by/4.0
Competition in the Digital Economy and Artificial Intelligence Era: Challenges for a Fair Digital Market and Recommendations for Vietnam
This study examines how the digital economy transforms business competition and proposes sustainable solutions for emerging challenges. Using an interdisciplinary approach combining economic theory, legal frameworks, and technological assessment, it identifies four key disruptions to traditional competition: algorithmic collusion enabling price-setting without explicit agreements; data power abuse creating market entry barriers through strategic data control; self-preferencing practices allowing platforms to favor their services over competitors; and “killer acquisitions” eliminating future threats by acquiring potential competitors. Results reveal critical gaps in current competition laws, including difficulties defining relevant markets for digital services with network effects, limitations of traditional price-based analysis in zero-price markets, challenges measuring consumer welfare in “free” services, and tensions between protecting competition and encouraging innovation. For Vietnam as an emerging digital economy, the study recommends a comprehensive regulatory strategy: establishing a Digital Economy Unit within the Vietnam Competition Authority; expanding market dominance criteria beyond market share to include data control and network effects; introducing specific anti-competitive behavior rules; implementing transaction-value thresholds for merger control to capture high-value, low-revenue acquisitions; and adopting flexible regulatory approaches for technological change. These recommendations balance fair competition with innovation encouragement. The analysis is particularly relevant to dual transformation toward digitalization and sustainability, as digital platform concentration can either promote or hinder green innovation and sustainable development. The study demonstrates competition law reform's crucial role in supporting both digitalization and environmental sustainability objectives, with significant implications for Vietnam’s broader sustainability agenda.
Prawa autorskie (c) 2026 Thang Long Tran https://creativecommons.org/licenses/by/4.0
Peeling the Onion Skins: Assessing Securitization of Intellectual Property Right for Private Sector Development in China and Vietnam
The rise of the knowledge economy and the growing importance of intangible assets have prompted governments to explore innovative financing mechanisms centered on intellectual property rights (IPR). In 2025, China and Vietnam introduced ambitious policy frameworks to strengthen the private sector, including China’s Private Sector Promotion Law and Vietnam’s Resolution No. 68-NQ/TW. Both emphasize the necessity of dismantling structural barriers and diversifying access to capital through IPR. Against this policy backdrop, IPR securitization emerges as a theoretically promising yet legally and institutionally demanding tool. This paper examines the intersection of IP law and securitization regimes in both jurisdictions to assess whether IPR securitization can serve as a viable instrument for private-sector development. Moving from general conceptual grounding, through jurisdictional policy context, into doctrinal legal analysis, and finally to applied policy recommendations, the paper concludes that IPR securitization is not a one-size-fits-all solution. In other words, it may support the development of the private economy as a policy option, but only under legal alignment, institutional maturity, and an incremental, context-sensitive reform strategy. By highlighting the prerequisites for the successful implementation of IPR securitization, the paper contributes to ongoing debates on sustainable private-sector growth, innovation finance, and the legal adaptations needed to bridge the gap between intangible capital and market liquidity.
Prawa autorskie (c) 2026 Ngoc Phuong Hong Nguyen https://creativecommons.org/licenses/by/4.0
Coordinating Environmental Standards and Trade Competition: European Union Legal Approaches and Implications for Vietnam
The increasing integration of environmental protection into global trade governance has resulted in structural tensions between sustainability standards and competitive market conditions. While environmental regulations aim to address climate, biodiversity, and pollution challenges, they may simultaneously raise production costs, restrict market access, and generate perceptions of green protectionism. The European Union (EU) has developed an advanced legal framework to reconcile these tensions by integrating environmental considerations into competition law, trade policy, and regulatory governance. This paper examines the main sources of conflict between environmental standards and trade competition and analyses the EU’s mechanisms for regulatory coherence, proportionality, and differentiated obligations. On this basis, it explores implications for Vietnam as the country implements new-generation free trade agreements and strengthens its domestic environmental governance. The study argues that coordinated legal frameworks, transparent procedures, impact assessments, and institutional cooperation are essential tools for balancing environmental ambition with economic competitiveness. The findings contribute to the broader discussion on how developing economies can navigate sustainability transitions without undermining their strategic trade interests.
Prawa autorskie (c) 2026 Linh Nguyen Huu Khanh, Trinh Nguyen Thi Hong, Trang Bui Thi Quynh https://creativecommons.org/licenses/by/4.0
Class Actions in Environment Disputes: Lessons from the United States and Prostects in Vietnam
Decision No. 1658/QD-TTg dated October 1, 2021, of the Prime Minister approving the National Strategy on Green Growth for the 2021-2030 period, with a vision to 2050, has identified the green economy as a strategic orientation that Vietnam must aim for. To ensure the success of this strategy, the State must use many tools as driving forces, such as finance, technology, communication, and education, and especially indispensable legal tools. The law, on one hand, must have a guiding effect through regulations paving the way to encourage investment and development, and, on the other hand, must have a higher deterrent effect through strengthening and ›facilitating litigation mechanisms towards sustainable environmental protection. A class action is a legal mechanism that allows a group of people with similar interests to jointly sue a defendant through common representation. This model is particularly effective in environmental cases, where the damage is often widespread and affects a large community. In some countries, class action with an opt-out mechanism has been recognized for a long time, but in Vietnam, the current law has not yet fully recognized the right class action mechanism, especially in the environmental field. In fact, the 2015 Civil Procedure Code and the 2020 Environmental Protection Law have some fundamental provisions on collective lawsuits that, however, need to be improved. Learning from the United States’ legal model will help Vietnam perfect the class action model in the future, aiming to protect the environment more effectively and fairly. The paper uses the methods of analysis, comparison, and synthesis to achieve the above research objectives.
Prawa autorskie (c) 2026 Nhung Nguyen Thi Hong, My Kim Nguyen Le https://creativecommons.org/licenses/by/4.0
Forecasting Legal Reforms to Meet the Demands of the Twin Transition in Vietnam: A Review of Land and Environmental Laws
In a global context grappling with systemic challenges such as climate change, resource depletion, and technological inequality, the concept of the "twin transition" - the integration of digital and green transitions - has emerged as a key strategic orientation for many nations, including Vietnam. While the digital transition aims to enhance managerial efficiency, foster innovation, and bolster competitiveness, the green transition pursues sustainable development, ecological integrity, and climate change adaptation. When pursued in synergy, the twin transition offers a profound opportunity to comprehensively restructure socio-economic sectors toward modernity and sustainability. Central to navigating this process is the role of law, which serves as both a regulatory instrument for social behavior and a foundational framework for transition policies. Within this context, land and environmental law are particularly decisive in anchoring the sustainability of the transition, as they govern the parallel objectives of digitizing resource management, optimizing land use, and minimizing environmental impacts. A well-designed legal architecture in these domains not only establishes a clear and transparent framework but also acts as a catalyst for technological innovation, administrative reform, and the pursuit of environmental justice. However, this paper argues that Vietnam’s current land and environmental laws face significant challenges in adapting to the twin transition, including a lack of synchronization, slow adoption of new technologies, and limitations in integrating environmental-technological considerations into land governance. Therefore, this study analyzes and proposes the necessary regulatory adjustments in these two key legal fields to meet the future demands of the twin transition in Vietnam.
Prawa autorskie (c) 2026 Duong Kim The Nguyen, Doan Thi Phuong Diep, Dang Hoang Minh https://creativecommons.org/licenses/by/4.0
Human Rights-Based Approach to Legal Recognition of Same-Sex Relationships in Vietnam
This paper focuses on analyzing the relationship between human rights and the development of laws regulating cohabitation as spouses between same-sex partners in Vietnam. From a human rights perspective, the right to live together as spouses is a fundamental right recognized in international instruments such as the 1948 Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights, to which Vietnam is a State Party. However, Vietnam’s current legal system still lacks specific provisions recognizing the cohabitation of same-sex couples as spouses. This legal gap prevents same-sex couples from enjoying certain rights and legitimate benefits afforded to heterosexual couples. Adopting a human rights-based approach, the paper proposes a legal framework suitable for Vietnam to progressively recognize and protect the right of same-sex partners to cohabit as spouses. This mechanism aims to gradually ensure the recognition and protection of such rights, thereby upholding the principles of equality and non-discrimination and promoting harmony between national laws and Vietnam’s international human rights commitments.
Prawa autorskie (c) 2026 Hoa Dang Nguyen Ngoc, Thi Phuong Nguyen https://creativecommons.org/licenses/by/4.0
Significant Changes in Vietnamese Policy and Law on Foreigners’ Land Use Rights
The Law on Foreign Investment of 1987 and the Law on Land of 1993 marked a significant turning point, officially recognizing the right to lease land from the State for investment projects. The next phase (with the Law on Land, 2003) led to continuous sound improvements in regulations on land leasing and capital contribution through land use rights. At the same time, the Law on Housing 2005 opened up the possibility for foreigners to purchase houses, although with many limitations. The most significant breakthrough came with the Law on Land 2013 and the Law on Housing 2014, when regulations on foreign homeownership were significantly relaxed, creating more favorable conditions for foreigners to live and work in Vietnam. The Law on Land 2024 continues to clarify related mechanisms, demonstrating consistency in Vietnam’s land policy and legislation regarding land use rights for foreigners – relaxation, but with characteristic limitations. This paper examines the evolution of land policy and legislation in Vietnam regarding land use rights for foreigners to promote sustainable socio-economic development. Beginning with the pre-Renovation (Đổi Mới) period, when regulations were restrictive and almost entirely barred foreign access to land, Vietnam has undergone a gradual transformation. The analysis reveals that this policy shift is a testament to the flexibility and adaptability of Vietnamese law, which significantly contributes to attracting foreign investment, stimulating the real estate market, and promoting international economic integration. However, the paper also highlights existing challenges and provides several recommendations to further enhance policy in the future.
Prawa autorskie (c) 2026 Hieu Trong Truong https://creativecommons.org/licenses/by/4.0
The EVFTA’s Investment Protections and Emerging Legal Risks from Vietnam’s Feed-In Tariff (FIT) Policy Transition
In recent years, Vietnam has become a regional leader in renewable energy development, particularly in solar and wind power. This growth was largely driven by the adoption of the Feed-In Tariff (FiT), a fixed, preferential pricing scheme aimed at encouraging private investment in clean energy. However, since 2021, Vietnam has discontinued the FIT for new projects and shifted to alternative electricity trading mechanisms. This paper examines the legal consequences of this policy change, identifies limitations in the current Vietnam’s framework, and assesses the potential risk of investment disputes under the protection mechanisms provided by the European Union - Vietnam Free Trade Agreement (EVFTA).
Prawa autorskie (c) 2026 Dinh Nguyen Phan, Le Nguyen Gia Thien, Bui Thi Quynh Trang https://creativecommons.org/licenses/by/4.0
China’s Legal Framework for Sustainable Innovation and Green Growth, and Lessons for Vietnam
In the global context of shifting towards sustainable development, establishing an effective legal framework has become an imperative for all nations. This paper focuses on analyzing China's legal system for promoting sustainable innovation and green growth, a model that has garnered significant attention. Employing comparative law, policy analysis, and synthesis methodologies, the study elucidates China's core legal mechanisms, including green finance, intellectual property for clean technologies, and environmental standards. The paper identifies the successes and practical challenges of this framework, drawing profound lessons on developing integrated policies, investment incentives, and enforcement mechanisms. Finally, the study proposes specific recommendations to offer valuable insights for Vietnam as it continues to refine its own legal framework.
Prawa autorskie (c) 2026 Nam Le Vu, Nguyen Tri Cuong, Bui Ai Gion https://creativecommons.org/licenses/by/4.0
Aksjologia stanów nadzwyczajnych w Polsce
The issue of states of emergency should be viewed in the context of the goal of protecting the most valuable assets of the state and its citizens (such as security, public order, and the constitutional system) in the face of specific threats. By its very nature, it requires the restriction, and sometimes suspension, of human freedoms and rights, as well as those of economic operators. Therefore, this is an area of ​​inquiry fraught with intense conflicts of values ​​– on the one hand, the overarching common goods, and on the other, fundamental human rights and the freedom to pursue economic activity. A state of emergency is a legal regime that allows state bodies to exercise public authority in a specific manner. These bodies are responsible for assessing the justification for declaring a specific state of emergency, and the undeniable criteria that should guide them include sets of values ​​related to states of emergency, which have specific sources and are in various configurations.
Prawa autorskie (c) 2025 Andrzej Powałowski https://creativecommons.org/licenses/by/4.0
Towards Sustainable Development: Responses of Vietnam to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes
Vietnam acceded to the Basel Convention on the control of transboundary movements of hazardous wastes in 1995 and has since undertaken substantial efforts to harmonize its domestic policies with international standards on hazardous wastes management. The country maintains stringent controls over the transboundary movement of hazardous waste, not only through strict regulatory oversight but also by imposing a complete ban on the import of hazardous waste for any purpose. In alignment with international obligations and to deter environmental violations, Vietnam has also criminalized the illegal importation of such waste, incorporating specific penalties and sanctions within its legal framework. These measures reflect the country's commitment to safeguarding environmental and public health while fulfilling its responsibilities as a party to the Basel Convention. To ensure alignment with the Convention’s provisions, Vietnam has incorporated its core principles into the Law on Environmental Protection – specifically through the versions enacted in 2005, 2014, and 2020 – as well as into other relevant legal and regulatory frameworks governing hazardous waste management. This paper examines Vietnam’s legislative and institutional implementation of the Basel Convention, highlighting the country’s adherence to international commitments aimed at mitigating the environmental and health impacts associated with hazardous wastes and its transboundary movement. In particular, the paper analyzes Vietnam’s compliance with key obligations under the Convention, including the Prior Informed Consent procedure and the submission of annual national reports. Additionally, we also explore Vietnam’s participation in international and regional cooperation initiatives aimed at controlling hazardous wastes and mitigating its environmental and health impacts. While these efforts reflect Vietnam’s commitment to contributing to global sustainable development, several challenges remain. Notably, limitations in enforcement mechanisms hinder full compliance with international and regional regulatory frameworks. Accordingly, the paper proposes strategic orientations tailored to Vietnam’s current context, with the aim of enhancing the effectiveness of hazardous wastes management and minimizing its adverse impacts nationwide.
Prawa autorskie (c) 2026 Giang Phan, Xuan Thi Thanh Nguyen https://creativecommons.org/licenses/by/4.0