CALL FOR PAPERS

        INTERNATIONAL CONFERENCE ON

“THE APPLICATION OF EQUITY IN JUDICIAL ACTIVITIES IN VIETNAM AND EXPERIENCE OF SOME COUNTRIES”

Respectfully to: Legal scientists, Judges, Lawyers, Lecturers, and Students.

The Vietnamese legal system has all the characteristics of the civil law tradition, in which all of judgments and decisions rendered by the national courts are mainly based on written law. Notwithstanding, along with the constant change of socio-economic reality, Vietnamese legislators have realized that written laws do not always meet the need to govern diverse and complex social relations. Therefore, in Clause 2 Article 6 of the Vietnamese Civil Code of 2015, a new regulation was added to overcome these shortcomings: “If the legal analogy cannot be applied as prescribed in Clause 1 of this Article, then [the court] may apply the basic principles of civil law specified in Article 3 of this Code, case law, equity”. This principle is also mentioned in a more specific manner in Clause 3, Article 45 of the Civil Procedure Code of 2015 to guide the Court in adjudication if the civil case has no applicable law. This is a major breakthrough in Vietnamese current judicial reform, aiming to achieve a just and civilized society.

The equity is no longer a brand-new legal doctrine. In common law jurisdictions, the application of this doctrine already has a very long history, whereas in Vietnam, this principle is still quite a novel idea. This is the main reason why the University of Economics and Law has the ambition to organize an international conference to create a forum for discussions between academic researchers and legal practitioners, where everyone can freely share their own perspectives and learn valuable experiences from others. The international experience will play a guiding role for Vietnamese jurisdiction in improving the application of equity in judicial activities.

The conference is scheduled to be held on October 28, 2022 at the University of Economics and Law, Vietnam National University Ho Chi Minh City. The Organizing Committee of the Conference cordially invites legal scientists, researchers, judges, lawyers, lecturers, graduate students, and students to write articles and attend the Conference with the following requirements:

1. Conference topics:

The conference organizers encourage researches around the following issues:

- General theory of equity;

- The legal nature of equity applied in judicial practice in Vietnam;

- Conditions for applying equity in trial, conditions for procedural law, conditions for substantive law;

- Judicial practice on the application of equity in Vietnam;

- Legal experience of different countries in the world on the application of equity in trial;

- The relationship between principle of equity in common law and “lẽ công bằng” in judicial activities in Vietnam;

- Legal risks may be encountered when applying equity in the trial proceedings;

- The system of common law and equity law: possible applications for the application of fairness in Vietnamese courts

- Other relevant topics

2. Requirements:

- The paper is typed on A4 paper (210 x 297mm), Times New Roman font (Unicode), font size 13, left margin 3cm, right margin 2cm, bottom margin 2cm (including drawings), 1.3 lines spacing. Language: Vietnamese or English.

- Each paper sent to the Organizers must include Title; Summary (about 150 - 200 words); Keywords (3-5 words); Dissertation content (no more than 15 pages); List of references. The essay uses quotations in footnote format, font size 10.

- The submission file is named according to the structure: author name_short article name.docx.

3. Deadline to send abstracts: before September 11, 2022

4. Deadline to send the full text of the article: before October 09, 2022

5. Email address for submissions: lawconference@uel.edu.vn (For more information, please contact Assoc. Prof. Doan Thi Phuong Diep, Tel 0983063460).

The organizers cordially invite you.