O Papel do Litígio de Interesse Público no Controle do Tabaco: Experiência Internacional e Implicações para o Vietnã

Bich Thao Nguyen; Thanh Huong Ngo; Giang Nam Do

doi:10.18256/2238-0604.2023.v19i3.4983

Authors

Bich Thao Nguyen University of Law, Vietnam National University, Hanoi http://orcid.org/0000-0003-2437-0324
Thanh Huong Ngo University of Law, Vietnam National University Hanoi. She got a PhD in law from School of Law, Vietnam National University, Hanoi. https://orcid.org/0009-0005-7279-5046
Giang Nam Do University of Law, Vietnam National University Hanoi. He got a PhD in law from Utrecht University School of Law, Netherlands. https://orcid.org/0009-0008-1341-9309

DOI:

https://doi.org/10.18256/2238-0604.2023.v19i3.4983

Keywords:

public interest litigation, civil procedure, Procuracy, tobacco control, Vietnam

Abstract

This article analyzes the concept and characteristics of public interest litigation and its practical application in the tobacco sector in selected countries. The article also examines the current legal provisions of Vietnam on public interest litigation and makes recommendations to improve Vietnamese law to bring into full play the role of public interest litigation in protecting public health. This research shows that public interest litigation has positive effects on the prevention of tobacco harms such as strengthening law enforcement, advocating for changes in policy and law, drawing public attention, and raising public awareness. The research further finds that although public interest litigation has been in place in the current law of Vietnam for decades, it is rarely used with insignificant impact. This is due to several legal shortcomings and inadequacies that need to be addressed. To strengthen and effectively enforce the legal provisions on public interest litigation in Vietnam, the authors recommend broadening the scope of entities having the right to initiate public interest lawsuits such as government bodies in charge of health, the social insurance agency, and the People’s Procuracy in Vietnam.

Downloads

Download data is not yet available.

Author Biographies

Bich Thao Nguyen, University of Law, Vietnam National University, Hanoi

Dr. Bich Thao Nguyen is a senior lecturer and the Dean of Faculty of Civil Law, University of Law, Vietnam National University, Hanoi. She obtained her LL.M. in International and Comparative Law and her S.J.D. (Doctor of the Science of Law) from Dedman School of Law, Southern Methodist University in Dallas, Texas, USA. Her areas of expertise are secured transactions Law, civil procedure, intellectual property law, and the impacts of emerging technologies on private law.
Thanh Huong Ngo, University of Law, Vietnam National University Hanoi. She got a PhD in law from School of Law, Vietnam National University, Hanoi.

University of Law, Vietnam National University Hanoi. She got a PhD in law from School of Law, Vietnam National University, Hanoi.
Giang Nam Do, University of Law, Vietnam National University Hanoi. He got a PhD in law from Utrecht University School of Law, Netherlands.

University of Law, Vietnam National University Hanoi. He got a PhD in law from Utrecht University School of Law, Netherlands.

References

BHAGWATI, P. N. Judicial Activism and Public Interest Litigation. Columbia Journal of Transnational Law, v. 23, p. 561, 1984.

BISWAS. Public Interest Litigation: Meaning and Dimension. Indian Journal of Law and Justice, v. 8, n. 2, p. 98-115, set. 2017.

BLACK’S LAW DICTIONARY. 6th ed. 1990.

BLANKE, D. D. Towards Health with Justice: Litigation and Public Inquiries as Tools for Tobacco Control. No. WHO-EM/TFI/085/E, 2002.

BUI, N. S. The Law of China and Vietnam in Comparative Law. Fordham International Law Journal, v. 41, n. 1, 2017.

CASSELS, J. Judicial Activism and Public Interest Litigation in India: Attempting the impossible? The American Journal of Comparative Law, v. 37, n. 3, p. 495-519, 1989.

CHAYES, A. The Role of the Judge in Public Law Litigation. Harvard Law Review, v. 89, p. 1281, 1976.

CHINA JUSTICE OBSERVER. SPP Releases Typical Cases of Public Interest Lawsuits. Disponível em: https://www.chinajusticeobserver.com/a/spp-releases-typical-cases-of-public-interest-lawsuits. Acesso em: 1 fev. 2024.

CHINA’S NATIONAL PEOPLE’S CONGRESS. Civil Procedure Law of 1991 (amended in 2017).

CHINA’S NATIONAL PEOPLE’S CONGRESS. China’s Administrative Procedure Law (amended in 2017).

COMMUNIST PARTY OF VIETNAM. Resolution No. 27-NQ/TW of the 13th Central Committee on continuing to build and complete the socialist rule-of-law state of Vietnam in the new period, 2022.

CUI, Y. et al. Protecting Minors from Tobacco Products: Public Interest Litigation Enables Enforcement in China. BMJ Journals, 2022.

CUMMINGS, S. L.; RHODE, D. L. Public Interest Litigation: Insights from Theory and Practice. Fordham Urban Law Journal, v. 36, p. 603, 2009.

FELDMAN, D. Public Interest Litigation and Constitutional Theory in Comparative Perspective. The Modern Law Review, v. 55, n. 1, p. 44-72, 1992.

FOWKES, J. Civil Procedure in Public Interest Litigation: Tradition, Collaboration and the Managerial Judge. Cambridge Journal of International and Comparative Law, v. 1, n. 3, p. 235-253, 2012.

HUANG, J. Public Interest Litigation and Tobacco Control in China. In: YANG, G. (ed.). Tobacco Control in China. Springer, 2018. p. 119-140.

KAUR, J. et al. Using Public Interest Litigation for Tobacco Control: Insights from India. Indian Journal of Public Health, 2017. DOI: https://doi.org/10.4103/ijph.IJPH_230_17.

LIBRARY OF CONGRESS. China: Laws Amended to Allow Prosecutors to Bring Public Interest Lawsuits. Disponível em: https://www.loc.gov/item/global-legal-monitor/2017-07-06/china-laws-amended-to-allow-prosecutors-to-bring-public-interest-lawsuits/. Acesso em: 1 fev. 2024.

LUONG, T. H.; LE, T. K. O. The Experience of Brazil and China on the Procuracy Initiating a Civil Case to Protect the Public Interest regarding the Environment. Journal of Procuracy, Issue 05, 2017.

MYERS, R. M. Standing in Public Interest Litigation: Removing the Procedural Barriers. Loyola of Los Angeles Law Review, v. 15, n. 1, p. 1-28, 1981.

NATIONAL ASSEMBLY OF VIETNAM. Constitution, 2013.

NATIONAL ASSEMBLY OF VIETNAM. Civil Procedure Code, 2004.

NATIONAL ASSEMBLY OF VIETNAM. Civil Procedure Code, 2015.

NATIONAL ASSEMBLY OF VIETNAM. Law on Social Insurance, 2014.