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Vietnam labor code question
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From: Worthen, Helena Harlow <hworthen@illinois.edu>
Date: Sun, May 14, 2017 at 2:26 PM
To: Vietnam Studies Group <vsg@u.washington.edu>
On May 14, 2017, at 2:22 PM, Helena Worthen <helenaworthen@gmail.com> wrote:
Hello,
Is there someone on this list who can direct me to a (brief, preferably) explanation of the legal tradition behind the current Vietnamese labor code?
I am looking for a way to compare the legal philosophies behind industrial relations systems -- for example, the US (created in the context of English Common Law); many European countries (created in the context of Napoleonic code). Wikipedia provides a thumbnail comparison of English Common Law, Napoleonic, Socialist and Islamic codes.
Does Vietnam's system show signs of French influence? Socialist?
And I see the reference below to the Code of Gia Long, but a quick internet search does not give me anything on the Code itself. A reference to an article in English about the history of the Vietnamese labor code would be appreciated.
Thank you -
Helena Worthen
preparing to teach at Ton Duc Thang in HCMC in August
Helena Worthen
Vietnam blog: helenaworthen.wordpress.com
On May 9, 2017, at 7:49 PM, phuxuan700@gmail.com wrote:
While writing about the date 4.30.25 and lies and deception in Vietnam's history in the other thread, I had two things coming up in my head.
Since 2026 marks the 100th year of the publication of "Le procès de la colonisation française" by Nguyễn Ái Quốc, it would be great if anyone can use stylometry on Phan Văn Trường's work (listed below) to determine whether he was the author.
1. "Le droit pénal à travers l'ancienne législation chinoise : étude comparée sur le code Gia-Long", 1922
2. "Essai sur le code Gia-Long", 1922
3. "Histoire de conspirateurs annamites à Paris, ou, La vérité sur l'Indochine", 1928
On history books in VN, I'd suggest "Cõi Người" by Trần Huy Liệu, edited by Trần Chiến (Liệu's son).
Even though some materials are still withheld, especially about landlord Nguyễn Thị Năm's trial, what written about the other landlord's is as graphic and close to the truth as it can be at this time.
Liệu also wrote about Lê Văn Tám case.
Calvin Thai
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From: Benedict Kerkvliet <ben.kerkvliet@anu.edu.au>
Date: Sun, May 14, 2017 at 6:36 PM
To: "Worthen, Helena Harlow" <hworthen@illinois.edu>, Vietnam Studies Group <vsg@u.washington.edu>
14 May 2017
John Gillespie's Transplanting Commercial Law Reform: Developing a 'Rule of Law' in Vietnam (Ashgate, 2006) has considerable discussion of other legal systems' influence on Vietnam. He has numerous articles and chapters in books that may be relevant. Mark Sidel's publications would also be relevant https://law.wisc.edu/profiles/sidel
Cheers,
Ben
Mark Sidel | University of Wisconsin Law School
Biography. Mark Sidel is Doyle-Bascom Professor of Law and Public Affairs at the University of Wisconsin-Madison. He is also currently serving as the Charles Stewart ...
Ben Kerkvliet
Emeritus Professor
Australian National University
Canberra
Affiliate Graduate Faculty
University of Hawai'i
Honolulu
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From: Trang (Mae) Nguyen <trang.mae@gmail.com>
Date: Sat, May 27, 2017 at 11:12 AM
To: Benedict Kerkvliet <ben.kerkvliet@anu.edu.au>
Cc: Vietnam Studies Group <vsg@u.washington.edu>
Hi Helena,
Here are the links to 2 articles comparing the labor law regimes in Vietnam and China, with some discussion on the historical developments of both and their divergence:
Vietnamese and Chinese Labor Regimes: On the Road to Divergence (link)
Strikes in Vietnam and China: Contrasts in Labor Laws and Diverging Industrial Relation Patterns (link)
Hope you find them useful.
--
Trang (Mae) Nguyen, Esq
Visiting Scholar, UC Berkeley School of Law CSLS
Affiliated Scholar, NYU School of Law - U.S. Asia Law Institute
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From: Dan Tsang <dtsang@uci.edu>
Date: Sat, May 27, 2017 at 12:26 PM
To: vsg Studies Group <vsg@u.washington.edu>
Some applied research from the US-Vietnam Labor Dialogue may also be useful:
https://www.dol.gov/ilab/map/countries/vietnam.htm
Dan
Daniel C. Tsang,
Distinguished Librarian Emeritus
University of California, Irvine
On May 9, 2017, at 7:49 PM, phuxuan700@gmail.com<mailto:phuxuan700@gmail.com> wrote:
While writing about the date 4.30.25 and lies and deception in Vietnam's history in the other thread, I had two things coming up in my head.
Since 2026 marks the 100th year of the publication of "Le procès de la colonisation française" by Nguyễn Ái Quốc, it would be great if anyone can use stylometry on Phan Văn Trường's work (listed below) to determine whether he was the author.
1. "Le droit pénal à travers l'ancienne législation chinoise : étude comparée sur le code Gia-Long", 1922
2. "Essai sur le code Gia-Long", 1922
3. "Histoire de conspirateurs annamites à Paris, ou, La vérité sur l'Indochine", 1928
On history books in VN, I'd suggest "Cõi Người" by Trần Huy Liệu, edited by Trần Chiến (Liệu's son).
Even though some materials are still withheld, especially about landlord Nguyễn Thị Năm's trial, what written about the other landlord's is as graphic and close to the truth as it can be at this time.
Liệu also wrote about Lê Văn Tám case.
Calvin Thai
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