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Legal Technical Assistance to Asia
Japan's Intellectual Assistance to Asian Nations Needs to
Include Constructing a Comprehensive System

Support for Vietnam


In 1986, Vietnam decided to adopt a market economy and policies opening the country to the outside world, while maintaining communism as their political system. It was assumed that Vietnam adopted these policies due to Thailand's remarkable economic growth with its market economy. Thus, Vietnam was faced with a crisis of falling behind others. Naturally, the legal systems necessary for the communist system and the capitalistic system are different. Until then, Vietnam had based its legal system on the Russian model. However, to realize a market economy, it became necessary to build a legal system based upon the Western approach. Thereupon, with the cooperation of several countries and international organizations, the Vietnamese government decided to proceed with the construction of a modern legal system. In 1992, they adopted a new constitution and in 1995 they enacted civil law.

In 1994, the Vietnamese government requested the Japanese government's cooperation in constructing a modern legal system to cope with their new market-oriented economy as well as assistance in developing human resources. Japan began its involvement with Vietnam when Professor Akio Morishima, then a professor at Nagoya University, currently a professor at Sophia University, provided advice in drafting the Civil Law, which was enacted in 1995. After dispatching an implementation consultation study mission in 1996 as part of program to support the formulation of key government policies, Japan commenced assistance to Vietnam, a former communist state, on how to proceed to build a modern legal system. The details of the agreement between the two countries, from Ministry of Foreign Affairs documents, are as follows.




Name
    The Japanese Cooperation to support the Formulation of Key Government Policies on Legal System
Duration
    From December 1,996 - November 30,1999
Institution in charge
    JICA Regional Department Preparation Room
    Indochina Group
Enforcing institution recipient country
    Ministry of Justice
Objectives
    To proceed with constructing a legal system in order to introduce market-oriented economic reforms in Vietnam and provide counsel and instruction to the Ministry of Justice on civil and commercial law, including.
    1. Various problems related to civil law (The Civil Code's accessory ordinance, inclusive of family registration and the real estate registration system) Civil Procedural Law, inclusive of Civil Action Law and Civil Enforcement Law.
    2. Various problems related to commercial law
    3. Development of human resources engaged in legal matters.
Content
    1. Dispatch professionals
      * Long-term: one professional to coordinate affairs
      * Short-term: legal experts as lecturers and to convene a series of seminars on economic crimes, regional economic integration, ASEAN investment law, maritime affairs law and antimonopoly law.
    2. Accept trainees
      * Country-focused group courses on corporate law, investment law, intellectual property law.
    3. Conduct social research
    4. Furnish literature (i.e., on Japanese law)
Between 1994 and 1998, we dispatched thirty-four short-term experts and one individual for a long term commitment. We have also accepted sixty-one trainees.


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