The right to freedom to choose the type of business: The case of VietNam
DOI:
https://doi.org/10.34625/issn.2183-2705(35)2024.ic-10Keywords:
law on enterprise; business freedom; type of businesses; business lawAbstract
The right to freedom of business is a fundamental right enshrined in the Vietnamese constitution, the ability of subjects to do what they want, choose, and decide for themselves all matters related to business activities that are not prohibited by law. In particular, the content of the freedom to choose the type of business is considered basic and important. However, Vietnamese law only treats freedom of business as a right of enterprises and only recognizes certain types of enterprises that are considered popular, which limits citizens' freedom to choose types of businesses. This paper uses systematization, analysis, explanatory methods, and comparative jurisprudence methods, etc. to analyze theoretical issues and the current legal situation regarding the freedom to choose types of enterprises in Vietnam, propose some solutions to improve the law and effectively enforce the law, ensure the freedom to do business of citizens.
References
Andreas Cahn and David C.Donald. 2010. Comparative Company Law: Text and Cases on the Laws Governing Corporations in Germany, the UK and the USA, Cambridge University Publishers
Ba, Dong Ngoc. 2005. "Structure of the legal system on enterprises in Vietnam", Journal of State and Law, (1), p. 30-33
Bich, Nguyen Ngoc. 1999. Enterprise Law: Capital and management in joint stock companies, Tre Publishing House
Bich, Nguyen Ngoc, Cung, Nguyen Dinh. 2009. Company: Capital, Management and Disputes under the Enterprise Law 2005, Knowledge Publishing House
Central Institute for Economic Management (CIEM) and German Technical Cooperation Organization (GTZ) (2006), Understanding the Enterprise Law 2005, Hanoi, Vietnam
Cuong, Bui Ngoc. 2001. Building and perfecting economic laws to ensure business freedom in our country, Doctor of Laws thesis at Hanoi Law University
Cuong, Bui Ngoc. 2004. Some issues about business freedom in current Vietnamese law, National Political Publishing House, Hanoi, Vietnam
Cuong, Bui Ngoc. 2002. "The role of economic law in ensuring business freedom", Journal of Legal Sciences, (7), pp.25-30
Maurice Cozian, Alain Viandier. 1989. Company organization - Volume 1, according to the translation of the Institute of Legal Sciences Research - Ministry of Justice of Vietnam
Cuong, Ngo Huy. 2003. "Philosophical basis of company establishment contracts", VNU Journal of Science: Economics - Law, Volume XIX, (4), pp. 1- 8
Cuong, Ngo Huy. 2004. Company establishment contract in Vietnam, Doctoral thesis at the Institute of State and Law.
Cuong, Ngo Huy. 2004. "Some contents of company establishment contracts", VNU Journal of Science: Economics - Law, Volume XX, (1), pp.12-23
Cuong, Ngo Huy. 2013. Commercial Law textbook: general and traders, Hanoi National University Publishing House
Rahul Kumar Singh. 2016. Origin and Evolution of the Modern Company Law, according to: www.legalserviceindia.com/artycles/eocindia.htm.
PM Vermeulen. 2003. The Evolution of Legal Business Form in Europe and the United States: Venture Capital, Joint Venture and Partnership Structures, Kluwer Law International.
John Armour, Henry Hansmann, Reinier Kraakman. 2009. The Anatomy of Corporate Law: A Comparative and Functional Approach, Oxford University Publishers.
Robert Hamilton and Richard D.Freer. 2011. The Law of Corporations in a Nutshell, 6th Edition, West Publishers.
Hai, Bui Xuan. 2001. "Some issues about businesses and laws regulating types of businesses in Vietnam", Journal of Legal Sciences, (3), p. 11-17
Hai, Bui Xuan (editor). 2016. Legal textbook on business subjects, Hong Duc Publishing House - Vietnam Bar Association (1st edition)
Giau, Nguyen Van, Phuc, Nguyen Van, Cung, Nguyen Dinh (CIEM). 2016. Economic legal institutions in some countries in the world, Finance Publishing House, p. 41
National Assembly (2014), Enterprise Law, Hanoi, Vietnam
Nghia, Pham Duy. 2004. Monograph on Economic Law, Hanoi National University Press
Nghia, Pham Duy. 2010. Economic Law Textbook, People's Public Security Publishing House, Hanoi
Phat, Nguyen Nhu. 2016. “The freedom to establish businesses under the Constitution”, Journal of State and Law, (10) (342), p. 28-32
Politburo Vietnam. 2005. Resolution 48-NQ/TW dated May 24, 2005 on Strategy for building and perfecting the Vietnamese legal system to 2010, orientation to 2020, section II.3, Hanoi, Vietnam.
Quy, Mai Hong (editor). 2012. Business freedom and the issue of ensuring human rights in Vietnam, Labor Publishing House
Son, Duong Anh (project leader). 2006. Evaluation of business freedom in Vietnam, Grassroots scientific research, Ho Chi Minh City National University
School of Law – Vietnam National University. 2001. Vietnamese economic law textbook (3rd edition), Hanoi National University Publishing House.
Terry Miller & Anthony B. Kim. 2010. Defining Ecnomic Freedom - 2010 Index of Economic Freedom, The Heritage Foundation & The WallStreet Journal, p. 59
Thuy, Phan Thị Thanh. 2015. "Legal form of social enterprises: British experience and some suggestions for Vietnam", VNU Journal of Science: Jurisprudence, volume 31, (4), p. 56 – 64
Trien, Le Tai, Tho, Nguyen Vang, Tan, Nguyen. 1972. Interpretation of Vietnamese Commercial Law, Volume II, Saigon, Vietnam
Truong, Doan Van. 1999. Establishment, organization and operation of joint stock companies, Science and Technology Publishing House.
Trung, Tran Tri. 2012. “Principles of building and implementing regulations on enterprise reorganization according to the provisions of the Enterprise Law”, VNU Journal of Science, Jurisprudence , volume 28, p. 63-68
U.S. Department of State. 2007. Fundamentals of Business, International Information Program Publication, According to Website https://photos.state.gov/libraries/vietnam/8616/ transdoc/transPrinciplesOfEntrepreneurship.pdf
Van, Nguyen Thi Thu . 2008. Some issues about companies and perfecting the law on companies in Vietnam today, National Political Publishing House, p. 142
Vietnam Chamber of Commerce and Industry (VCCI) (2002), Research report on Building a business legal system to encourage market economic development, Hanoi, Vietnam
Vietnam Chamber of Commerce and Industry (VCCI), World Bank (2017), Review report: Business conditions and business freedom in Vietnam, Hanoi, Vietnam
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