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Introduction to Law - Chapter III

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10 views

Introduction to Law - Chapter III

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24070984
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Chapter 3

Legal norms. Normative legal


document. Normative legal
document system
(of Vietnam)
Lesson structure

I- Legal norm

II- Normative legal document

II –Normative legal document system


i – Examples
• Every individual or legal entity is equal and may not
be discriminated against for any reason; and is
• equally protected by law for personal and property
rights.
• Those who kidnap other persons as hostages in order
to appropriate property shall be sentenced to
between two and seven years of imprisonment.
Examples
Article 29. General principles of the matrimonial
property regime
• 1. Husband and wife have equal rights and
obligations in the creation, possession, use and
disposition of their common property without
discrimination between housework labor and
income-generating labor.
• 2. Husband and wife have the obligation to ensure
conditions for meeting their family’s essential needs.
• 3. When the performance of property rights and
obligations of husband and wife infringes upon lawful
rights and interests of the wife, husband, their family
or other persons, compensation shall be paid.
I- Legal norms
1. Definition
Legal norms are the smallest unit in the structure of the legal system
Ø Legal norms are rules of conduct
QPPL là quy tắc xử sự
Ø Promulgated by the the State authority
Do Nhà nước ban hành và bảo đảm thực hiện
Ø To regulate social relations
Ø Is guaranteed by the state coercion
Dùng để điều chỉnh các quan hệ xã hội
I- Legal norms
2. Basis aspects of legal norms
• They are issued by competent state authority
• They are properly published
• Normativity – regulate peoples conduct
• Generality – they are binding for the indefinite number of people and
indefinite number of cases
• Are enforceable by the power of state
Legal norms
• Legal norms should be general
• Legal norms should be specific
• Legal norms should be presented clearly, exactly and with one
meaning
I- Legal norms
2. Component of a legal norms

Hypothesis

Sanction Disposition
I- Legal norms
1. Hypothesis
- Condition, context
- In which individual, legal entity be regulated by a
legal norms
Examples
Example
“Any person who uses violence or threatens to use violence or takes
advantage of the victim's defenselessness or other tricks to engage in
non-consensual sexual intercourse or other sexual activities shall face
a penalty of 02 - 07 years' imprisonment .” (item 1, Art. 141 Criminal
Code 2015.
Hypothesis: “Any person who uses violence or threatens to use
violence or takes advantage of the victim's defenselessness or other
tricks to engage in non-consensual sexual intercourse or other sexual
activities ”.
I- Legal norms
2. Disposition:
- Conduct how?
• Do what?
• Not to do what?
• Should do what?
• How to do?
Example
• “Every one enjoys freedom of doing business in branches and trades
not banned by the law.” (Art. 33 Vietnam Constitution 2013).
Disposition part is: “enjoys freedom of doing business”.
• “Matters which are not addressed by law nor agreed by the parties
may be regulated by customary practices, but such customary
practices must not be inconsistent with the basic principles of civil
law prescribed in article 3 of this Code” (Art. 5 Civil Code 2015),
Disposition part is: “may be regulated by customary practices, but
such customary practices must not be inconsistent with the basic
principles of civil law prescribed in article 3 of this Code”.
I- Legal norms
3. Sanction:
- are penalties or other means of enforcement
used to provide incentives for obedience with
the law, or with rules and regulations.
Example
• “Any person who uses violence or threatens to use violence or takes
advantage of the victim's defenselessness or other tricks to engage in
non-consensual sexual intercourse or other sexual activities shall face
a penalty of 02 - 07 years' imprisonment.” (item 1, Art. 141 Criminal
Code 2015.
Sanction part is: “penalty of 02 - 07 years' imprisonment”.
Types of legal norms
Quy phạm cấm

Quy phạm không bắt


buộc

Quy phạm về thẩm


quyền
Quy phạm không có điều
kiện

Quy phạm trao quyền


Quy phạm điều kiện
Quy phạm cưỡng chế

Quy phạm bắt buộc

Quy phạm nghĩa vụ


Other types
• Conflict norms: contains criteria for the choice between the norms of
two or more countries

• Legal definition: defines some notions used in the process of


implementation of law
“Half of a month shall be defined as 15 days and its center is the
fifteenth day”
I- Legal norms
* Notes:
1. Components of legal norms are not
required to be in a fixed ordered.
2. Not all legal norms compose of 3
elements
3. One provision may contain one or
more legal norms
Legal institutions
• Including all legal norms that have the same features and regulate a
group of correlative social relations
Legal branch
• Are a system of legal norms (which are classified into legal
institutions) to regulate a sort of certain social field: civil, criminal,
investment
II- Legal normative documents
1. Definition
2. Validity of the Legal normative documents
II- Legislative documents
2. Effect of Legislative documents
a. Effect by time
Effective date

Suspension of effect

Termination of effect

Retroactive effect
II- Legislative documents
2. Effect of Legislative documents
a. Effect by time

As stipulation in the document


Effective date

From the date of promulgation or


signing for promulgation

T Legislative documents shall be published in "Cong


Bao” (Official Gazette) for taking effect.
II- Legislative documents
2. Effect of Legislative documents
a. Effect by time

Having decision on suspension of


Suspension of implementation
effect

- Being voided: termination of


effect
- Not being voided: remain effect
2. Effect of Legislative documents
a. Effect by time

As stipulation in the document

Being replaced by other document


Termination of
effect
Being cancelled or annulled

Guiding document is invalid when the


guided document is invalid
II- Legislative documents
2. Effect of Legislative documents
a. Effect by time
Retroactive effect

- Retroactive refers to extending the scope or effect to matters that


have occurred in the past. In other words it is the application of a
given rule to events that took place before the law was in effect. For
example, retroactive tax. However most of the countries are guided
by the general principle of irretroactivity of law, which forbids this
kind of ex-temporary application.
Retroactive effect

- Do not apply retroactive effect except for some cases in accordance


with humanitarian principles
- Retroactive effect shall be prohibited from application for the case
that documents promulgated with the following:
ØHaving provision on legal liability
ØHaving provision on more serious legal liability
II- Legislative documents

2. Effect of Legislative documents

b. Spatial effect

- Nationwide

- Locality
II- Legislative documents
2. Effect of Legislative documents

c. Effect by impact subject

- All individuals, organizations

- Some individuals, organizations having business


activities or certain conditions prescribed by such
documents

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