This study is part of the “EU Justice and Legal Empowerment Programme in Viet Nam” (EU JULE). The “EU Justice and Legal Empowerment Programme in Viet Nam” (EU JULE) is funded by the European Union with financial contributions from United Nations Development Programme (UNDP) and the United Nations International Children’s Emergency Fund (UNICEF). The program is implemented by these two agencies of the United Nations in coordination with the Ministry of Justice of Viet Nam.
Number of pages: 109
Research Team: Mr. Nguyen Hung Quang – Team Leader – President of Vietnam International
Commercial Mediation Center, Founder and Managing Partner, NHQuang&Associates
Dr. Nguyen Thi Thu Van – Team Member – Deputy Director of the Institute of Economic Law, Ha Noi Financial and Banking University
Mr. Henrik Stenman – Human rights professional of the United Nations
Year Published: 2022
Abstract:
“Report on assessing legal regulations on the state of emergency in the context of pandemic and developing recommendations on the improvement of the laws on state of emergency to prevent and control the COVID-19 pandemic” was conducted by the EU Justice and Legal Empowerment Programme in Viet Nam (EU JULE) and the Department of Criminal and Administrative Legislation (Ministry of Justice) to evaluate the policies and regulations of Viet Nam and several other countries on the imposition of a state of emergency (SoE) in the light of international standards on human right protection, as well as the practice of COVID-19 pandemic prevention and control in Viet Nam and several other countries in the recent period.
The research was prepared based on the method of document research of Viet Nam and some documents of the United Nations and other countries. 05 countries were selected for the research, including: Finland, Germany, Sweden, South Korea and Taiwan, based on the characteristics of state structure (unitary or federal), COVID-19 pandemic fighting measures (declaring a SoE or not declaring a SoE), success in COVID-19 pandemic prevention and control, and other characteristics of the political system (presidential republic, parliamentary republic), geographical location (Europe, Asia).
In addition to the general conclusions, the Report made a proposal to develop and promulgate a law on SoE with some necessary contents such as: the scope of declaration of SoE, characteristics and criteria of each situation to classify the level of “SoE”, and proposed that while the Law on State of Emergency had not been promulgated, a number of other legal provisions needed to be amended and supplemented to meet the objectives of the COVID-19 pandemic fighting measures and ensure human rights when implementing disease fighting measures in the new situation.
Suggested Citation: Nguyen Hung Quang, Nguyen Thi Thu Van, Henrik Stenman, Report on assessing legal regulations on the state of emergency in the context of pandemic and developing recommendations on the improvement of the laws on state of emergency to prevent and control the COVID-19 pandemic, 2022
NHQuang Support Team: Nguyen Thuy Duong, Le Mai Phuong, Le Hai Linh, Dang Huyen Thu.
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