Constitutional Law and Administrative Law
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I. BASIC INFORMATION ABOUT THE TRAINING PROGRAM

Degree Awarding Institution

VIETNAM NATIONAL UNIVERSITY, HANOI (VNU)

Training Institution

VNU-University of Law

Testing, Evaluation Institution

AUN-QA (ASEAN University Network - Quality Assurance)

Name of Degree Awarded after Graduation

The Degree of Master in Law 

Name of Training Major

Constitutional Law and Administrative Law

Training Major No.: 8380101.02

Objectives of the Training Program

The Master's degree program in Constitutional Law and Administrative Law with a research-oriented approach aims to train students to have a high level of expertise in the field of constitutional law and administrative law. The program provides comprehensive, modern, and in-depth knowledge of theoretical and practical issues of constitutional law and administrative law in Vietnam and around the world. It also equips students with scientific research skills, as well as the necessary capabilities and qualities to fulfill specialized tasks in their field of study, meeting the requirements of the labor market and society. The program also provides students with the necessary foundations in thinking, knowledge, and skills so that they can engage in self-learning, research, or continue their studies at higher levels.

Output Standard

In terms of knowledge

PLO1: Apply the worldview and methodology of Marxist-Leninist philosophy to solve theoretical and practical problems in the training major;

         PLO2: Apply fundamental knowledge, especially legal research methods and foreign languages (with a language proficiency equivalent to level 4/6 of the Vietnamese Language Proficiency Framework), to serve learning, scientific research, and professional work;

PLO3: Synthesize in-depth knowledge in the field of constitutional law and administrative law, including practical knowledge of law construction and enforcement, research findings, and systematic legal thinking skills to solve legal issues ranging from simple to complex that arise in practice;

PLO4: Evaluate the strengths, weaknesses, appropriateness, and effectiveness of regulations and policies of the Party and the State regarding constitutional law and administrative law based on analysis, comparison with enforcement practices, factors of influence, and comparison with foreign experience, in order to propose solutions to improve and enhance the effectiveness of the enforcement of constitutional law and administrative law in Vietnam;

In terms of skills

Job skills

PLO5: Apply the knowledge of constitutional law, administrative law, and systematic legal thinking in the process of performing professional tasks and resolving complex legal issues arising from practical work;

PLO6: Identify legal gaps, emerging theoretical and practical issues in the field of economic law to organize research activities, scientific discussions, and disseminate knowledge based on research results to the legal academic community and the community at large;

PLO7: Apply the results of legal research to the construction, improvement, and enhancement of the effectiveness of the enforcement of constitutional law and administrative law;

PLO8: Provide legal advice on constitutional law and administrative law to organizations and individuals upon request;

PLO9: Critically analyze professional issues, policies, and laws of the state and make recommendations and propose solutions to improve legal matters in the field of constitutional law and administrative law to authorized agencies and organizations.

Supplementary Skills

PLO10: Proficiently use various communication methods; effectively write, present, or debate in scientific research and professional activities;

In terms of autonomy and responsibility

PLO11: Have an ability to provide expert conclusions, scientifically valuable solutions in the field of constitutional law and administrative law;

PLO12: Have an ability to self-study, accumulate knowledge and experience to improve professional competence, self-direct personal development in a highly competitive work environment, and quickly adapt to changes in the work environment;

PLO13: Have the leadership and management skills; ability to direct and supervise others in performing tasks; ability to evaluate and improve professional activities;

PLO14: Have an ability to work independently or in a team to creatively and effectively solve tasks;

PLO15: Uphold standards in speech and actions; friendly and cooperative with colleagues and clients; proactive and confident in work;

PLO16: Demonstrate professional ethical qualities of a lawyer; have awareness of respecting and obeying the law; have a spirit of safeguarding justice and the legitimate rights and interests of all organizations and individuals;

PLO17: Have a sense of national pride; have a full understanding of citizen responsibilities; be ready to fight against law violations and ethical standards violations; be willing to protect the common interests of the community and society; and contribute to building a just, democratic, and civilized society.

Job positions that students can take after graduation

- Group 1: Work at state agencies, party organizations, political-social organizations, and professional-social organizations at the central and local levels.

- Group 2: Work in teaching and research at educational and research institutions specializing in law, administration, politics, and law related fields.

- Group 3: Practice independently or work in professional legal service providers, specializing in legal regulations, organization and personnel, administration in organizations and businesses that require highly skilled human resources in the legal field.

- Group 4: Work for non-governmental organizations, intergovernmental organizations, and international organizations.

Ability to study, and improve qualifications after graduation

After graduation, students are capable of self-studying to improve their professional qualifications. Students can also continue their education at a higher level (Ph.D.) at both national and international training institutions.

Input Standard

According to the regulations of VNU and the University of Law

Matching Program

 

Strategies for teaching, learning, and assessing

 1. In terms of teaching methods

- Lecturers combine the use of modern teaching methods with the most effective use of supporting means for teaching activities, particularly those related to information technology and multimedia that are appropriate for credit training and CDIO approach method in order to assist students in achieving course learning outcomes and general output standards of the training program;

- Emphasize the teaching method of "putting students at the center of the training process" to encourage students’ initiative. Lecturers strengthen the role of organizing, guiding, orienting, and controlling learning activities, creative thinking activities, and skill training for students so that they can master the learning content and actively achieve the program's knowledge, skill, and attitude objectives;

- Strengthen the use of active teaching methods to improve self-discipline in learning, self-study, and self-research capacity; develop creative thinking, and critical thinking; practice practical skills, improve teamwork skills, information-processing skills, and presentation skills for students;

- Enhance extracurricular activities, internships, practicals, moots, and seminars during the training process to provide students with practical knowledge.

2. In terms of learning methods

- Students need to be active and proactive in the learning process, improve their ability to self-study, self-research, and self-read documents, and work in groups before coming to class;

- Students need to construct their own suitable learning schedule while also changing their approach to prioritize exploration and academic passion; learn how to achieve understanding; learn how to self-study; acquire practical skills and a practical attitude in their profession; adopt an independent, creative, flexible style in perception and action.

- Students should actively integrate the use of modern information technology devices, enhance their foreign language and computer skills to support the learning process.

3. In terms of testing and assessment

- The assessment includes: Evaluating students based on their input results; Assessing students’ learning progress through the output standards of the modules and the training program; Conducting final assessments/graduation evaluations of students.

- Lecturers need to use various assessment methods that are appropriate for the course syllabus to conduct regular assessments, mid-term assessments, and end-of-course assessments. The scope and weightage of the assessment plans must be clear and communicated to all relevant parties. The criteria applied in the assessment plans must be transparent and consistent throughout the entire training program;

- Functional units implement appropriate procedures to ensure the testing and assessment plans are valid, trustworthy, and fairly implemented.

4. In terms of the teaching staff and support staff of the training program

         - Concentrate on a team of highly qualified and capable lecturers who have been well-trained inside and outside the country; have experience and qualified foreign language to participate in teaching;

         - The team of managers, support staff, and administrative staff are capable, professional, devoted, disciplined, and have a high sense of responsibility;

         - Well-implement lecturer exchanges with law universities in the region and throughout the world, invite experts and lecturers from national and international research and training institutions to teach the program.

5. In terms of facilities, teaching and learning equipment

     - Continuously upgrade and supplement the existing infrastructure and equipment to meet the high-quality training and research needs of a research-oriented university on par with advanced universities in the region and the world.

     - Invest in modern and suitable teaching and learning equipment, as well as a comprehensive and diverse learning resource system for the teaching and learning processes of lecturers and students.

Instruction for the Implementation of the Training Program

The standard Master's program in Constitutional Law and Administrative Law is applied to candidates who have passed the annual postgraduate entrance examination of the VNU.

When students enroll, they will be introduced to the entire training program during the course opening ceremony and will be guided to register for optional courses.

The Academic Affairs Department creates a study plan for the entire course, as well as a list of subjects organized in the correct training program sequence. The school year's study plan is made available through the following channels: VNU (for reporting); Dean of VNU-UL; relevant VNU units; units of VNU-UL; form lecturers; students’ classes; website of VNU-UL.

Departments assign lecturers to teach according to the school year's study plan and propose exam formats. The format of the exam is determined by the Dean of VNU-UL.

After completing all the modules of the knowledge blocks in the training program and successfully defending the graduation theses, students will be granted the Degree of Master in Law, majoring in Constitutional Law and Administrative Law by the President of VNU.

Number of credits required

60 credits

Form of Training

Formal

Language

Vietnamese

Duration of Training

18 to 24 months

Release/edited date of Training Program

November 30, 2023 (latest, current version)

 

Place of Issue

University of Law, Vietnam National University, Hanoi

II. CONTENT OF THE TRAINING PROGRAM

1. Summary of the Training Program Requirements

Total number of credits of the training program: 60 credits, including:

                  - General knowledge:                                                           09 credits

                  - Basic and specialized knowledge:                                      24 credits

+ Required:                                                          16 credits

+ Optional:                                                          08 credits

                  - Scientific research :                                                           27 credits

                                 + Research topics:                                 12 credits

                                 + Master’s theses:                                 15 credits

2. Framework of  the Training Program

No.

Module code

 Module

Number of credits

Number of credit hours

Prerequisite module code

  Theory

Practice

Self-

study

I

General knowledge

9

30

5

10

 

1

PHI5002

Philosophy

4

45

5

10

 

2

 

Foreign Language B2 (higher education)(1)

(Choose one of the languages below)

5

 

 

 

 

ENG5001

English B2

 

 

5

 

50

15

10

 

RUS5001

Russian B2

50

15

10

 

CHI5001

Chinese B2

50

15

10

 

FRE5001

French B2

50

15

10

 

WES5001

German B2

50

15

10

 

OLC5001

Japanese B2

50

15

10

 

KOR5001

Korean B2

50

15

10

 

THA5001

Thai B2

50

15

10

 

ARA5001

Arabic B2

50

15

10

 

II.

Basic and specialized knowledge

24

 

 

 

 

II.1

Required modules

16

 

 

 

 

3

UL6001

Legal Research Methods

2

18

6

6

 

4

CAL6501

Theory of Constitution and State Power Organization

3

27

9

9

 

5

CAL6502

Theory of State Management

3

27

9

9

 

6

CAL6503

Legislative Organization and Implementation

2

18

6

6

 

 

7

CAL6504

Executive Organization and Implementation

2

18

6

6

 

8

CAL6505

Judicial Organization and Implementation

2

18

6

6

 

9

CAL6506

Human Rights, Citizens’ Rights

2

18

6

6

 

II.2

Optional modules

08/28

 

 

 

 

10

CAL6507

Mechanism of Judicial Review

2

18

6

6

 

11

CAL6508

Administrative Jurisdiction

2

18

6

6

 

12

CAL6509

Comparative Political science

2

18

6

6

 

 

13

CAL6510

Comparative Administrative Law

3

27

9

9

 

14

CAL6514

Local Authorities

3

27

9

9

 

15

CAL6515

Democracy and Election

3

27

9

9

 

16

CAL6516

Public Power and Public Service

2

18

6

6

 

17

CAL6517

Good Governance and Anti-Corruption

3

27

9

9

 

18

CAL6518

Policy Analysis and Law Making

2

18

6

6

 

19

CAL6520

Administrative Liability and Administrative Coercion

3

27

9

9

 

20

CAL6522

Public Policy Lobby

3

27

9

9

 

III

Scientific research

27

 

 

 

 

III.1

Research topics(**)

12

 

 

 

 

21

CAL6530

Essay 1: Constitutional Law

04

5

10

45

 

22

CAL6531

Essay 2: Administrative Law

04

5

10

45

 

23

CAL6532

Essay 3:

State Governance and Anti-Corruption

04

5

10

45

 

III.2

Master’s theses

15

 

 

 

 

24

CAL7202

Master Thesis

15

 

 

 

 

Total

60

 

 

 

 

 

III. TRAINING PROCEDURES IN THE COURSE

3.1. Duration of Training: 18 to 24 months (divided into 04 semesters) 

First academic year: 33 credits

Semester 1: 17 credits

Module code

Module

Number of credits

Number of credit hours

(Theory/Practice/Self-study)

ENG5001

Basic Foreign Language

5

50/15/10

PHI5002

  Philosophy

4

45/05/10

UL6001

Legal Research Methods

2

18/6/6

CAL6501

Theory of Constitution and State Power Organization

3

27/9/9

CAL6502

Theory of State Management

3

27/9/9

 

First academic year: 33 credits

Semester 2: 16 credits

Module code

Module

Number of credits

Number of credit hours

(Theory/Practice/Self-study)

CAL6503

Legislative Organization and Implementation

2

 

18/6/6

CAL6504

Executive Organization and Implementation

2

 

18/6/6

CAL6505

Judicial Organization and Implementation

2

18/6/6

CAL6506

Human Rights, Citizens’ Rights

2

18/6/6

CAL6508

Administrative Jurisdiction (Option 1)

2

18/6/6

CAL6515

Democracy and Election (Option 2)

3

27/9/9

CAL6517

Good Governance and Anti-corruption (Option 3)

3

27/9/9

 

Second academic year: 27 credits

Semester 3: 12 credits

Module code

Module

Number of credits

Number of credit hours

(Theory/Practice/Self-study)

CAL6530

Research topic 1: Constitutional Law

4

 

5/10/45

CAL6531

Research topic 2: Administrative Law

4

 

5/10/45

CAL6532

Research topic 3: State Governance and Anti-corruption

4

 

5/10/45

 

Second academic year: 34 credits

Semester 4: 15 credits

Module code

Module

Number of credits

Number of credit hours

(Theory/Practice/Self-study)

CAL7202

Master’s Theses

15

 

 

3.2. Training progress:

a. Course Opening: The first week of the first academic year;

b. Organize learning and testing for the modules: Semester 1 2 3 (From the first month of the first academic year to the end of the 3rd month of the second academic year);

c. Organize the outlined assessment and approve the theses topic: At the end of Semester 3 (the 3rd month of the second academic year);

d. Decide to recognize the theses topic, and appoint a teaching guide: At the beginning of Semester 4 (From the 3rd to the 5th month of the second academic year);

e. Students write theses: Semester 4 (From the 4th to the 6th month of the second academic year);

f. Students report the progress of the theses before the subjects: At the end of Semester 4 (the 6th month of the second academic year);

g. Students submit their theses and theses defense documents in the first phase: The 8th month of the second academic year;

h. Make a dossier requesting the establishment of a thesis grading committee: The 8th month of the second academic year;

i. Organize the thesis defense phase 1: The 9th month of the second academic year;

j. Prepare application dossier for recognition of degree and award the first phase of degrees to qualifying students: The 10th month of the second academic year.

3.3. Note:

- The organization of learning and testing for the modules is carried out from Semester 1 to Semester 3 of the course.

- The implementation of the student's theses and the organization of the theses defense takes place in Semester 4 of the course.

- The main training period of the master's level training program is 2 years, students can prolong the duration of their studies and thesis defense but must not exceed 04 years.

 

IV. SUMMARY OF MODULE CONTENT

1. PHI5002. Philosophy: According to general regulations.

2. ENG5001 (RUS5001; FRE5001; GER5001; CHI5001). Basic Foreign Language: According to general regulations.

3. UL6001. Legal research methods: 2 credits

This module provides students with the following knowledge: Basic issues of legal scientific research methods; The theory of different scientific research methods; Ways to select and coordinate scientific research methods to achieve the most effective legal scientific research goals; Basic skills of scientific research, ways to conduct a research project, effective use of scientific research methods in various fields of legal science.

4. CAL6501. Theory of Constitution and State Power Organization: 03 credits

This module equips students with a system of theoretical and practical knowledge about traditional and modern perspectives on the Constitution. In addition to classic theories, the module also devotes part of its content to introducing the organization of state power in Vietnam through ages. The module provides a system of modern perspectives and trends on Constitutional theories and the organization of state power in the context of building a socialist rule-of-law state in Vietnam in accordance with the new context of national development and international integration.

5. CAL6502. Theory of State Management: 03 credits

This module equips students with knowledge about state management as a social institution, a type of social management, with its own characteristics and functions compared to other types of social management, a specific structure, content, form and method, and is affected by political, economic and social conditions. State management is an activity that takes place in a certain order and cycle; State management activities are governed by law, to manage state agencies must issue state management decisions; State management activities also have their effectiveness.

6. CAL6503. Legislative Organization and Implementation: 02 credits

This module equips students with in-depth knowledge of theoretical and practical issues on the organization and implementation of legislative power worldwide and in Vietnam. Outstanding issues such as the concept and organization of legislative power in different state forms (from dictatorship to democracy), the functions of legislative power and its distinction from other state powers, process of exercising legislative power, forms of exercising legislative power, relationship of legislative power with other state powers, organizational structure of legislative bodies,... Another important content is the role and methods of operation of parties in the National Assembly in different political models.

7. CAL6504. Executive Organization and Implementation: 02 credits

This module equips students with in-depth knowledge of theoretical and practical issues on the organization and implementation of executive power worldwide and in Vietnam. Executive power has been known as the center of state power since ancient times when power was concentrated in the hands of kings. However, it has only become an object of study as an institutional branch of state power since the emergence of theories on the separation of powers. In Vietnam, executive power is officially recognized (in the 1992 Constitution amended in 2001) and executive power is given to the Government (in the 2013 Constitution).

8. CAL6505. Judicial Organization and Implementation: 02 credits

This module provides students with in-depth knowledge of the theory of judicial power and the organization of judicial power worldwide and in Vietnam. Similar to legislative and executive powers, judicial power has become a subject of study since the theories of decentralization emerged, especially since the establishment of the independent and coequal position of the judiciary by the United States. Nowadays, in addition to its traditional function of adjudication, judicial power is increasingly valued for its role in defining boundaries whenever disputes arise between different branches of government. Therefore, the organization of research and education needs to continuously update the contemporary role that states are willing to entrust to the judicial branch.

9. CAL6506. Human Rights, Citizens’ Rights: 02 credits

This module equips students with in-depth knowledge of theoretical and practical issues related to human rights and citizens’ rights at the national, regional, and international levels. It covers fundamental topics such as the concept, origins, classification, historical development, and subjects in human rights relations (human dignity, equality, and justice); Human rights in relation to a number of political-legal-social categories, examples include human development, human security, democracy, freedom, good governance, anti-corruption, economic growth, poverty reduction... as well as mechanisms to protect and promote human rights at different levels.

10. CAL6507. Mechanism of Judicial Review: 02 credits

This module equips students with in-depth knowledge of theoretical and practical issues about constitutional institutions in the Constitutions of countries around the world, covering the concepts, origins, classification and historical development of constitutional protection models in the world; The role of the constitution in controlling power and protecting human rights and freedoms. The module also provides a perspective on constitutional protection in Vietnam's constitutional history, and the current status and prospects of establishing constitutional jurisdiction in the Vietnamese Constitution.

11. CAL6508. Administrative Jurisdiction: 02 credits

This module equips students with in-depth knowledge of classical and modern theoretical issues on administrative jurisdiction. As an institution created to resolve disputes arising from the asymmetric relationship between the state on one side and non-powerful entities on the other, administrative jurisdiction always faces challenges in the process of organizing and implementing jurisdiction. Therefore, for administrative jurisdiction to be effective, there is a need to maintain its independence like private judicial institutions, at the same time require special technical designs to implement and enforce jurisdictional outcomes.

12. CAL6509. Political science: 02 credits

This module equips students with general theories of comparative politics from approaches and research methods, distinguishing them from other disciplines. Analyze the similarities and differences between comparative politics and some other social sciences, including comparative law. On that basis, the module addresses the relationship between the Constitution and politics from the perspective of the formation and implementation of public and political power. In modern society, the political system is the system of organizing and exercising political power. The main job of this system is to make public policy, that is, to decide on the allocation of resources in society. In addition to institutional design factors, political cultural factors also have an important impact on the operation and effectiveness of political power.

13. CAL6510. Comparative Administrative Law: 03 credits

This module equips students with primary knowledge about basic issues of comparative administrative law approached from a universal perspective of the penetration of administrative law into major democratic models in the world, the relationship between administrative law and the rule of law, constitutionalism; system comparison method (comparison of administrative organizational models in the world and functional comparison (comparison of specific elements of administrative law in some countries around the world: public power, public service; administrative decisions, administrative trials). In addition, the module considers modern perspectives when integrating relevant international human rights standards into administrative law.

14. CAL6514. Local Authorities: 03 credits

This module equips students with primary knowledge about basic issues of Local Government approached from the perspectives of general and universal principles of local government organization, and some development trends of local government in the era of globalization. In Vietnam, local government organization is one of the long-standing institutions in the constitution (right from the 1946 constitution). This is an institution that always receives attention from a research perspective as well as state management and governance practice.

15. CAL6515. Democracy and Election: 03 credits

This module equips learners with in-depth knowledge of theoretical and practical issues about the relationship between democracy and elections; electoral systems and elements in countries around the world and in Vietnam such as: history of formation and development of democracy, conditions and forms of democracy; History of formation and development of elections and electoral systems in the world. The module also discusses the content of democratic innovation and elections in Vietnam.

16. CAL6516. Public Power and Public Service: 02 credits

This module equips students with knowledge about basic issues of Public Service, approached from modern theories in the world on public power and public service: world experience in determining the scope of public power and public service, select public service models and organize public services. Issues about Vietnam will be discussed around Vietnam's legal policy framework on public power and public service and recent reform trends.

17. CAL6517. Good Governance and Anti-Corruption: 03 credits

This module equips students with in-depth knowledge of theoretical and practical issues of good governance and anti-corruption in the world and in Vietnam such as general concepts and awareness in the world and in Vietnam on good governance and anti-corruption; The relationship between good governance and anti-corruption; Fundamental principles and general requirements for good governance and anti-corruption (openness, transparency and access to information, etc.). The module introduces the main contents of the United Nations Convention against Corruption and a number of other international treaties. The module also includes topics on Vietnamese law on good governance and anti-corruption; examines the advantages and disadvantages of promoting good governance and preventing and combating corruption in Vietnam from cultural, social and legal perspectives.

18. CAL6518. Policy Analysis and Law Making: 02 credits

This module equips students with in-depth, systematic knowledge of basic issues of Policy Analysis and Law Making, approached from the theoretical basis of Policy Analysis; Basic requirements/principles in policy analysis and law development. World experience in policy analysis in the legal drafting process is also compared. The module also discusses the application of policy analysis tools in drafting laws in Vietnam, its successes, limitations and development directions.

19. CAL6520. Administrative Liability and Administrative Coercion: 03 credits

This module equips students with in-depth knowledge about a special form of legal responsibility when violations arise during the implementation of administrative legal relations. As harsh measures (second only to criminal liability measures), the module focuses on the rights approach to maximally protect the rights of individuals and organizations when administrative enforcement measures are applied. In addition, this module will add a comparative perspective between other countries that Vietnam can refer to for experiences when applying in practice.

20. CAL6522. Public Policy Lobby: 03 credits

This module equips students with in-depth knowledge of theoretical and practical issues of public policy advocacy, focusing on the history of formation, development, principles and rules of public policy advocacy that are being applied in developed countries around the world, the necessity and nature of public policy advocacy from a political perspective, public policy advocacy in relation to the formation and development of political parties and civil society, and the formation and development of the market economy. In addition, the module also includes content on the current legal framework, practice, necessity and prospects of law on public policy advocacy in Vietnam decentralization in Vietnam; analyze the need to improve the legal framework on public policy advocacy in Vietnam as well as good experiences in the law regulating public policy advocacy that Vietnam can refer to in accordance with its context.

 

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