'The principle of binding precedent is too inflexible and stifles the Essay

'The principle of binding precedent is too inflexible and stifles the development of the law. It should be abolished.' Discu - Essay Example Similarly if the binding precedent was one that allows for same sex marriages the judge would have to rule in favour of that statute regardless of their own personally held belief to the contrary2. This principal has been followed in jurisprudence in all of the countries that follow the precepts of common law3. There are a couple of situations that must obtain where the Binding Precedent has to be followed. The first is that the courts accept the hierarchy that is in place and the superiority of the court or judge that ruled in the binding precedent. The level of the court can also be the same as the one hearing the latter case. The second situation is that the material facts of law in the latter case must be similar or be based on the same principle as the matter in the original precedent. Binding precedents, as a whole, are usually covered by the doctrine or principle of the Latin maxim: Stare Decisiset Non QueitaMovere which in its most literal translation means â€Å"stand by th e decision and do not unsettle the established†. ... The first of such reasons is for the efficiency that the use of device of binding precedentaffords as well as the savings in time and resources in the deliberation and ruling on a matter at hand. The binding precedent does not stifle the development of law but rather improves the efficiency of the application of law. The main principle here being that if each and every judgement was made as a â€Å"fresh† or â€Å"new† ruling, without relying on an kind of precedence then it would result in an arbitrary and unnecessary delay in the judicial decision-making process. The use of the binding precedent therefore results in a much faster and more efficient administration of justice and employs this time-saving device in a way that results in a faster and more efficient legal process. If a similar matter has been heard and determined during a previous time and most probably by a court of higher authority there really is no reason why a lower court should not dispense of the de cision in quicker fashion by accepting the precedent. The binding precedent also provides the administration of justice with a certain degree of certainty. It allows litigants to approach the courts with a certainty that all things being equal then the balance of justice would be the same regardless of the time and place of its actual implementation4. The binding precedent means that lawyers can advise their clients with confidence and certainty on matters of legal principle knowing that the previously existing authorities will be able to bear them out and results in a greater confidence in the law by those that pursue claims through the court process. Binding precedent ensures that the lesson learnt in previous judgements and ruling is therefore consistently and similarly applied in future and that

Personal Reflection Coursework Example | Topics and Well Written Essays - 1250 words

Personal Reflection - Coursework Example Therefore, having been fully equipped with theoretical knowledge on this aspect, I will put to task this knowledge in my career, as well as in everyday life when faced with situations that might require the application of such knowledge. This course has enabled me to experience significant personal growth and helped me to gain important skills that regard to the program. This is important for me in my professional as well as everyday personal life. I have had access to and read different reading material which bear important knowledge on health promotion and disease prevention, as well as development of programs for various target populations. In addition, the various assignments that I have been subjected to throughout the course have been instrumental in helping master and acquire new information on the area of disease prevention and health promotion. Therefore, I will be able to utilise this knowledge in developing programs that aim at disease prevention and health promotion at different levels in society. Apart from the knowledge imparted in me, different activities that I have undertaken in this course have helped me develop various important skills. First, I have improved on my researching skills. The various assignments I have done in this course have required me to do wide research in order to come up with a good paper. Researching on the internet as well as other literature in the print form has highly sharpened my research skills. This is important in my profession. There is wide knowledge and information on various topics today, either in the internet or physical library. Therefore, it is important for one to have good research skills, so that they can choose and utilise only the relevant and valid knowledge. Therefore, this remains an important skill that I will utilise even in future. The course

Recruitment Case Essay Example for Free

Recruitment Case Essay 1a. job advertisment in the news paper, radio through assessment days and recruitment agencies such as REEDS. * Job description and personal specification for the job is included in the job advert for example: Mdec data entry keyer or manager etc. * Candidates fill in application forms through royal mail websites or collect through nearest royal mail post office. * Application forms and refrences of candidates are checked and a short list of the best candidates for the job is drawn. * Canadidates are phoned or email to come to an assessment day. Those who pass will be given an interview date. * Candidates are interviewed and welcomed to the job. * Those who have been uncsucessful are sent a sorry letter. 1b. Individual interviews: in these the manager or supervisor will meet each worker anbd discuss the good work they have done and the mistakes or improvements that are needed. These will include documents such as register for absences, punctuality or any tasks that have been sucessfully or unsucessfully handled. 2a. Personal Development Plan: Get trained into the skills needed for the business e.g. use of machinery, new technology, teamworking etc. Develop time management skills so that i am punctual and able to complete tasks on time by setting aims and odjectives for myself. Improve my listening and communication skills so that good quality service is provided to customers. 2b. Human recources: Recruitment of staff for the IT department in 3 months time ie. from 18th November till 18th of Febuary. Training:Train staff for new use of technology e.g. computerised stock control systems in 2 weeks time of use ie. from 11th of Novmber 2006 till 24th of November 2006. Production: Increase speed of production due to christmas sales by over time given to workers, till 15th December 2006. Introduce quality circles where employees can sit and discuss problems as well as participate in decision making till next month 10th of December 2006. Encourage teamwokring so that workers develop good relationships with colleagues. 2c. By training staff, business will minimise costs by reduced absences, fewer accidents and a fast pace of production. By recruiting staff members for IT department means good quality service produced. Increased production needs to be done during peak times because customer demand is high and not meeting orders means losing potential sales that will affect profits negativley. Through quality circles, employees are motivated and feel they are part of the business. Teamworking will cause good working condition inside the workplace which will make employees have job satisfaction and due to this they will be more committed towards thier work. Read more:Â  Carlton Case 2d. Workers should organise a party to get to know eachother better. Managers and workers should have individual meetings as well ad group meetings so that efficiency is enhanced. Teamworking activities can be non work related e.g. quizzes or sports matches as part of thier training programme. 3. Recruiting the right staff for the business is very important because if the correct Person Sepcification is given then a business can choose from capable candidate the best one for the job. This will include relevent qualifications and skills needed e.g. for IT technicain a degree in IT and work experience in an IT department is required. Secondly, if the right type of Job Description is provided to candidates then time and costs will be reduced because the right type of people will be attracted towards the job. Also, interview proceedures should include equal opportunities for all candidates e.g. same amount of time, atmosphere must be provided with the same set of questions to be asked. This will be a fair selection proceedure to sift the most able, committed and hard working staff. Thirdly, monitoring proceedures such as individual meetings or assessment days will provide appraisals to tell employees thier strengths and weaknesses at work. Producing personal development plans mean workers set themselves tasks and try to achieve them. This will motivate them and able them to work better. All of these points mean that if the staff have good skills and commitment towards the success of the business then this i will improve cusotmer services, sales to generated profit.

Film Analysis of Bowling for Columbine by Michael Moore Essay -- Micha

Film Analysis of Bowling for Columbine by Michael Moore 'Bowling for Columbine', directed by Michael Moore, deals with the problems of gun crime in America. The main purpose of this film is to persuade American people to change their ideas about guns and gun laws. Moore constantly refers to other countries such as Canada and their gun policies to back up his arguments for increased gun regulation. He is successfully able to counter argue any reason given by pro gun supporters as to the reason why America has the highest gun related crimes and death, even though other countries have similar attitudes towards violence. The scenes that have been selected focus on different aspects of the film, which present Moore's ability to persuade his audience into his way of viewing gun crime. Michael Moore has used a variety of techniques in the ?A wonderful World? scene to influence the audience into siding with his views and to portray America as a destructive force to other countries. The sequencing of the scene ?A Wonderful World? is very effective. The scene before the clip is very ironic as it shows the Lockheed Martin, which is the largest weapons producer in America. The Lockheed Martin spokesman is standing in front of A missile and is talking about America as a protector of the world. Yet, immediately after this, the man claims that America is not an aggressor, the film is launched into the scenes which entirely contradict his claims. This is a successful use of persuasive technique as the audience will now trust what Moore has to say rather tha... ... either that the NRA and the Klan were parallel groups or that when the Klan was outlawed its members formed the NRA. Both are completely wrong however this is effective as it illustrates that since the KKK was evil, that the NRA is also evil as it is made up of the same members or that both groups have the same belief. Moore is able to use a number of persuasive techniques in the three scenes from Bowling for Columbine to express his views on gun laws. The moods of these three scenes vary considerably, from humour, to serious to sarcasm and irony. By appealing to different types of emotions, the audience is able to connect with Moore effectively. As well as this, by feeling humorous or sad when Moore intends the audience to be, the viewers immediately, whether intentionally or unintentionally side with Moore?s view.

The Affects of Video Games on Children

Do video games really affect the parts of a child brain? â€Å"The most widely used positive impact video games are said to have on children is that they may improve a player’s manual dexterity and computer literacy† (Norcia, Andrea 1). This is confirming that video games can help people with poor manual dexterity skills. My opinion is that adults should not blame aggression of children on specific gadgets such as video games. Video games should be amplified more now than ever and they affect kids negative by turning their focus off school. In opinion violent video games do not affect kids unless they are ignorant. Video games are very helpful despite the aggression it amplifies. My statement on this subject is that video games affect the United States children and adolescence but the people that play these video games believe people perceive the concept of gaming wrong. Do video games only affect kids that are susceptible to the function and emotions of the video game or is it the person themselves. People have perceived also that video games can have a negative effect on a kid’s social development but in my opinion believe that children function quite well socially for a people who interact with video games. Do you really believe that video games actually affect the parts of a child’s brain development? Do you think that the G. P. A of a child that plays video games is lower than one that does not? â€Å"It’s believed even though video games have advantages they play have negative effects on children† (Deepa Kartha 16) . The developments of people that play video games are as correctly intuitive as people who fraternize in different hobbies. Parents believe that it can affect a teenagers work if there to focused on the video games and not on the schoolwork. Game fanatic teenagers actually can focus more in school because it keeps there mind set of the real words ignorance in legislature. Do you believe that games affect kids or is just the video games that they play that affect them not the video games? People believe that violent video games affect the mind more than any other video game type out in the world. Classmates believe that children are more affected by games that have vulgar images in them. People develop the thought that kids are affected on their person not the action in a virtual stimulation and if that is the case time will get worse. Do you believe that video games can change the effect that they have on none completely developed children. Do you think that people and the way that they create video games make the child develop badly or is it the parent? People say that certain types of parents will challenge their child and blame it on their favorite objects for them being bad and or negligent parental figures. Do you believe that it can be the kids fault for neglecting his studies because he is playing to many video games? Theoretical gamers believe that the people that play video games all the time are sometimes not even mildly affected by the Meer concept that people believe they might lose certain mental functions from playing a video game. It is proven that all people are supposedly affected in some mental way when it come to video games that there functioning brain cells develop slower when they focus on the virtual reality in some video games. Do you believe that video games really affect the mentality of certain people that play many particular video games? It has been proven that when playing your attitude and aggression spots in your brain have been activated more. The facts have been proven that people co develop more when playing videogames with friends and or family members. Certain families play video games and yet they can and still do their schools work. Particular people play video games and text and it doesn’t affect them at all they still function quite fluently above others. Do you believe that some kids can have video games affect them just by watching other kids and young adults play the vulgar violence blood and gore video games? People described I believe that certain videogames can help you develop mentally and to keep kids entertained and functioning for the next day. Adolescences little brothers and or sister play video games with me and he has better grades than I do so I think that video games do not affect anything. People believe that a video game can mentally keep some people willing to strive but some people can take the video games so seriously there willing to kill themselves if they lose at the virtual life. Do you believe that some children can have video games affect them by interacting reading and or listening to the dialogue of the cut scenes in the video games? In a place of opinion people believe that video games do not affect hildren or and yet still the media have yet to verify the children that have a 4. 0 G. P. A and are very successful at life and in adulthood. People believe that they can also develop from the violent necessities of the video game world and people believe it keeps you in virtual contact. It has been stated by many that if u do not let the game get to serious than you will not be affected by the perceived stat istics of the video game world. Do your really believe that video games can affect the way that you excel in school or develop in mental methods. People believe that It depends where your opinion come from when you develop your choice on having video games or not. â€Å"It is perceived that the average teen video game player plays video more than 5 hours a day† (Norcia, Andrea 18). people are believed to have developed also the concept that besides causing kid s to slip up in school it can also affect their eyes because kids get closer to the television to interact more. Certain people that play video games believe that it actually does affect your eyes after long periods of time. Other people believe that video games are one of the most accurate ways to calm down and settle their mind. It has been described that the simplistic of the video game world have been misunderstood articles. People think that kids actually just like to play video games and nothing affects them at all maybe there eyes but that is it. If children did not have video games I believe that it would make them angered and disappointed that something the adults made for them we be taken from them. It is believed the development of children depends on the way that they raise their child because at delegated times parents will blame their attitude on video games. Do you believe that video games actually affect the mind of a young child? Does video games have anything to do with a kids brain or is it just the child themselves it’s believed to be a type of mental ability that affects the mind of a video game playing child. Will it always be perceived that the children that play video games can actually lose brain cells from different undeveloped digital video games? It is believed by many that video games can be a naughty type of habit or hobby yet people still play video games to fill their virtual hunger for the unreal lust of life. People will always have their own single thought opinions about children and their mental development when playing video games because specific video game playing children react differently to it. Do video games really affect the development of parts in a Childs brain or is it the child? Do video games affect the minds of children or do the children develop their own sense of ignorance. People have played video games for year and have never has any type of damage done to them mentally People believe that they can describe video games as a virtual world of excitement that can make you change your objectives of life into a different type of perspective. Phew gamers agree with the industry on saying that video games can actually affect your stand point when it comes to living life. Do you believe that everything revolves around video when thinking about a kids brain cells or is it just the violence and directive of the video game. Do you believe that video games affect the simple parts of a Childs brain or can it really mentally disable them? Have you ever developed the point in this paper that children need video games so that they can develop more intelligently and learn more things that have life to offer them? People have really developed a life line around the gaming system that all people who play are the same as all the others but we all play different games and we all play for different types of reasons. Do you still believe that video game really affect part of the Childs brain or is that just the way people perceive it to be? Do you really believe that kids can be mentally affected by the virtual game world? (Deepa, Kartha 1) States â€Å"Video games were first introduced in the 1970s and have now become an invariable source of fun and entertainment for children†. (Norcia, Andrea 2) States â€Å"They are a unique form of entertainment, because they encourage players to become a part of the game's script†. Can video games help manual dexterity and can develop different notations on your computer knowledge. So are video games for better or for worse all will they stay or will they leave?

Investment in Vietnam

GUIDEBOOK ON BUSINESS AND INVESTMENT IN VIETNAM BERLIN, 2011 FOREWORD Over the past two decades, Viet Nam’s economy has bee n developing rapidly owing to its â€Å"Doi moi† (Renovation) policy and activeness to integrate itself into the global economy. W ith its enormous efforts and determination, and effective cooperation with international partners and friends worldwide, Viet Nam is taking firm steps towards industrialization and modernization.With a stable political environment and great economic potentials, Viet Nam is an attractive destination for doing business and investment. The Government of Viet Nam has been ceaselessly endeavoring to improve the investment climate with the aim at creating an increasingly business-friendly environment in Viet Nam. Germany is the biggest economic partner of Viet Nam in Europe. The economic cooperation between the two countries has been fruitfully burgeoning.In an effort to further strengthen the economic cooperation between Vie t Nam and Germany, t he Embassy of the Socialist Republic of Viet Nam in coordination with the relevant ministries of Viet Nam to publish the Guidebook on Business and Investment of Viet Nam, which is expected to provide German businesses with an overview of the Viet Nam’s economy and its business and investment climate.We are confident that German businesses can find helpful information and guidelines on investment and doing business in Viet Nam from the Guidebook, and thereby have a deeper understanding of the Viet Nam’s economy, a dynamically emerging and reliable destination for international investment flows. We deeply thank the Ministry of Foreign Affairs and the Ministry of Planning and Investment of Viet Nam for their kind support and assistance. We would like to express our sincere thanks to Dr.Andreas Stoffers, Board Member of German Business Association Vietnam and Member Executive Committee Euroean Chamber of Commerce Vietman for reviewing this book. W e al so heartedly thank Marktforschung und Kommunikation GmbH for her great cooperation and excellent coordination in publishing the Guidebook. Dr. Do Hoa Binh Extraordinary and Plenipotentiary Ambassador of the S. R. Viet Nam to the Federal Republic of Germany 2 ABBREVIATION ASEAN BCC BOM BOT BT BTO CEPT CIT CPC DOLISA DPI EIAR EL EPC EPZ EU EZ FIC FOB GDP HTZ IL IZ JVC LTT LUR LURC MFN MOIT MOLISA MONRE MOST MPI NOIP ODA PCT PIT PPP RO SBV TTC USD VAT VCAD VNDW TO Association of Southeast Asian Nations Business co-operation contract Board of Management of IZs, EPZs, HTZs and EZs Build-operate-transfer (including its derivative forms, BTO and BT) Build-transfer Build-transfer-operate Common Effective Preferential Tariff Scheme Corporate income tax Civil Proceedings Code Provincial Department of Labour, War Invalids and Social Affairs Provincial Department of Planning and Investment Environmental impact assessment report Enterprise Law Environment protection commitment Export processing zone European Union Economic zone Foreign-invested company Free on board Gross Domestic ProductHigh-tech zone Investment Law Industrial zone Joint venture company Law on Technology Transfer Land use rights Certificate of land use rights Most Favoured Nation Ministry of Industry and Trade Ministry of Labour, War Invalids and Social Affairs Ministry of Natural Resources and Environment Ministry of Science and Technology Ministry of Planning and Investment National Office of Intellectual Property Official development assistance Patent Cooperation Treaty Personal income tax Public Private Partnership Representative Office State Bank of Vietnam Technology transfer contract United States of America dollarValue-added tax Vietnam Competition Administration Department Vietnamese Dong W orld Trade Organisation 3 TABLE OF CONTENTS FOREWORD †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢ € ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 2 VIETNAM AT A GLANCE †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 5 I: KEY FACTS †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 5 II: POLITICAL SYSTEM †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ III: ECONOMY †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 6 IV: INFRASTRUCTURE †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 13 V: VIETNAM- GERMANY ECONOMIC RELATIONSHIP†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 21 LEGAL GUIDE FOR INVESTING AND DOING BUSINESS IN VIETNAM †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 24 I: INVESTMENT REGULATIONS †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 24 II:TRADE REGULATIONS â € ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 30 III: TAXATION †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 35 IV: CUSTOMS REGULATIONS †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 42 V: LAND LAW †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 44 VI: FOREIGN EXCHANGE AND LOANS †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 9 VII: EMPLOYMENT †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 52 VIII: COMPETITION LAW †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 58 IX: ENVIRONMENT †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã ¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 62 X: INTELLECTUAL PROPERTY †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 64 XI: TECHNOLOGY TRANSFER †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 XII: DISPUTE RESOLUTION †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 73 BUSINESS TRAVEL GUIDE TO VIETNAM †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 77 APPENDICES APPENDIX 1: LIST OF SECTORS ENT ITLED TO INVESTMENT INCENTIVES †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 80 APPENDIX 2: LIST OF GEOGRAPHICAL REGIONS OF INVESTMENT INCENTIVES †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 84 APPENDIX 3: USEFUL CONTACTS AND ADDRESSES IN VIETNAM †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 87 4 VIETNAM AT A GLANCE I: KEY FACTS ? Official name: The Socialist Republic of Vietnam. Capital: Hanoi. ? Largest city: Ho Chi Minh City. ? Administrative subdivisions: 58 provinces and 5 municipalities (Hanoi, Hai Phong, Da Nang, Ho Chi Minh and Can Tho). ? Official language: Vietnamese. ? Location: In the center of Southeast Asia, neighboring on China to the north, Laos and Cambodia to the west, and the East Sea and Pacific Ocean to the East and South. ? Area: 331,690 km2. ? Coast line: 3,260 km. ? Climate: tropical in south; monsoonal in north with hot, rainy season (mid May to mid-September) and warm, dry season (mid-Octobe r to mid-March). Population (2010): 86. 9 million, by area (urban: 30% and rural: 70%) and by age (less than 15 years old: 24. 7%, 15 -64 years old: 68. 5% and more than 65 years old: 6. 8%). ? Population density: 262 people/km2. ? Literacy: 93. 7%. ? Natural resource: Energy resources (oil, gas, coal, hydropower and wind power); minerals (bauxite, iron ore, lead, gold, precious stones, tin, chromate, anthracite, construction materials, granite, marble, clay, white sand and graphite); sea and tropical forestry resources and agricultural potential. ?Currency: Vietnamese Dong (VND). ? Exchange rate (April 2011): 1 USD = 20,725 VND. ? GDP (2010): 104. 7 billion USD. ? GDP per capita (2010): 1,204 USD. ? GDP real growth rate (2010): 6. 78%. ? GDP by sector (2010): Agriculture (20. 6%), Industry (41. 1%) and Service (38. 3%). ? Exports: Crude oil, garments, shoes, marine products, electronic products and components, funitures, rice, coffee, rubber, tea, pepper. ? Major export markets: US A, Japan, China, Australia, Singapore, Germany, South Korea, Malaysia, the Philippines, Netherland. ?Imports: Machinery & equipment, petroleum products, pharmaceuticals, fertilizer, steel products, metal, textile, garment and shoe inputs, vehicles. 5 ? II: Major import markets: China, Japan, South Korea, Taiwan, Singapore, Thailand, USA, Malaysia, India, Germany. POLITICAL SYSTEM The current Constitution was adopted in 1992 and amended in 2001. It clearly indicates that the State is â€Å"of the people, by the people and for the people†. The people access the State power through the National Assembly and People's Councils, which are composed of elected representatives who represent the people's will and aspirations.The Constitution endows all citizens, men and women alike, with equal rights in all political, economic, cultural and social spheres as well as in family affairs, the right to and freedom of belief and religion and the right to choose and practice a religion, the r ight to and freedom of movement and residence in Vietnam, and the right to go abroad and return home as stipulated by laws. The National Assembly is the highest representative body of the people, endowed with the highest State power of the Socialist Republic of Vietnam.It governs constitutional and legislative rights, decides fundamental domestic and foreign policies, socioeconomic tasks, and national defence and security issues, etc. It exercises the right to supreme supervision of all activities of the State. The State President is the Head of State, elected by the National Assembly from among its deputies to represent the Socialist Republic of Vietnam in domestic and foreign affairs. The term of office of the President is the same as that of the Chairman of the National Assembly.The Government is the executive body of the Socialist Republic of Vietnam. It has the same term of office as the National Assembly and administers the implementation of State affairs in the fields of poli tics, economics, culture, society, national defence and security and foreign relations. The government is headed by the Prime Minister and comprises Deputy Prime Ministers, Ministers and other government members. The Supreme People's Court is the judicial body of the Socialist Republic of Vietnam.It supervises and directs the judicial work of local People's Courts, Military Tribunals, Special Tribunals and other tribunals, unless otherwise prescribed by the National Assembly at the establishment of such Tribunals. The Supreme People's Procuracy oversees the enforcement of the law and exercises the right to prosecution, and ensures serious and uniform implementation of the law. III: ECONOMY Since the Doi moi (reforms) were introduced in the mid-1980s, Vietnamese economy has changed rapidly.Replacing the old centrally-planned economy, Vietnam has shifted to a new economic structure namely a socialist-oriented market economy, and has gained significant success. Today the aim of Vietnam is to become a basically industrialized country by 2020. 6 Overall achievements Vietnam embarked on Doi moi in 1986 and the country has seen many dramatic changes since. Over the last decade it has recorded an average GDP growth rate of 7. 3 percent per annum, ranking it second in the region after China. Its economy suffered from the 2008-09 economic crisis but recovered rapidly, with GDP growth rate of 6. 78 percent in 2010.ADB forecasts that the economy of Vietnam will increase by 6. 1 and 6. 7 percent in 2011 and 2012 respectively. Vietnam already became a lower middle income country with its GDP per capita of 1,204 USD in 2010. To a large extent, Vietnam has successfully transformed from a centrally-planned economy with heavy bureaucracy and subsidies to a socialist -oriented market economy characterized by strong dynamism and rapidly growing entrepreneurship. The country's economy has integrated deeply into the global and regional economies, bringing about a sharp rise in trad e volumes as well as an influx of foreign investment.The economy is well on the way to being a multi-sector model operating according to market mechanisms. The private sector has enjoyed very favourable conditions created by the Enterprise Law of 2000, which institutionalizes the freedom of all individuals to conduct business in areas not prohibited by law and removes a large number of administrative obstacles that hampered enterprises. With a view to raising the efficiency of the state -owned sector, the government has adopted assertive policy measures to reorganize the sector through equitization.As a result, more than 3,970 state-owned enterprises were equitized by the end of 2010. GDP of Vietnam, 2000-2010 120 9. 0 8. 0 7. 0 80 6. 0 5. 0 60 4. 0 40 3. 0 2. 0 20 1. 0 0 0. 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Year GDP GDP growth rate Source: General Statistics Office 7 GDP growth rate (%) GDP (billion USD) 100 Progress in particular sectors As Vietnam's GDP con tinuously increases the country's economic structure has also seen notable changes. From 1990 to 2010 the share of the agriculture sector reduced from 38. 7 percent to 20. percent, while that of industry and construction increased from 22. 7 percent in 1990 to 41. 1 percent in 2010. The service sector remained relatively constant: 38. 6 percent in 1990 and 38. 3 percent in 2010. Agriculture still plays a critical role in Vietnam's socio-economic life since it generates about 57 percent of total employment and makes important contribution to the expansion of the country's foreign trade. Vietnam are among the leading countries in terms of agricultural exports such as rice, coffee, cashew nuts and aqua-products, etc.Industry continues to grow rapidly in terms of gross output, at an average rate of 10-15 percent per annum. Besides state enterprises, foreign-invested and the private enterprises play an increasingly important role in industrial development and exports. Services are growin g at an average rate of 7-8 percent. In 2010 the value added of service sector grew 7. 52 percent with good performances being recorded in the trade, finance, and hotels and restaurant sub-sectors as consumption and tourism remained buoyant. Industry and services continue to increase their sha re in the economy.This reflects market oriented reforms, a gradual reduction in barriers to competition and to private sector development, and improvements in physical infrastructure. Greater diversification in industrial production and services lays the foundation for further sustained growth in output and employment. VA growth rate by sector of Vietnam, 2000-2010 12. 0 10. 0 Percent 8. 0 6. 0 4. 0 2. 0 0. 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Year Agriculture Industry Source: General Statistics Office 8 Service International economic integrationVietnam has made major steps forward in its commitments to regional and international economic integration. Following the introduc tion of Doi moi it signed an economic and trade cooperation agreement with the EU in 1995, joined ASEAN in 1995, adhered to CEPT/AFTA in 1996 and became an APEC member in 1998. The Bilateral Trade Agreement (BTA) with the United States was signed in 2000, which resulted in a dramatic increase in the trade volume between the two countries. Vietnam became the 150th member of the World Trade Organization on January 11, 2007.Vietnam's commitments in the WTO increase market access for exports of goods and services of WTO's members and establish greater transparency in regulatory trade practices as well as a more level playing field between Vietnamese and foreign companies. Vietnam undertook commitments on goods (tariffs, quotas and ceilings on agricultural subsidies) and services (provisions of access to foreign service providers and related conditions), and to implement agreements on intellectual property (TRIPS), investment measures (TRIMS), customs valuation, technical barriers to tra de, sanitary nd phytosanitary measures, import licensing provisions, anti-dumping and countervailing measures, and rules of origin. At present, Viet Nam has established diplomatic relations with 172 countries and signed 55 bilateral investment agreements and 58 double taxation agreements with countries and territories including Germany. It has economic and trading relations with about 165 countries and territories. Vietnam holds membership in 63 international organizations and over 650 non-governmental organizations.The policy of â€Å"multi-lateralization and diversification† in international relations has helped Vietnam to integrate more deeply into the global and regional economies and increase trade and investment ties with nations all over the world. More importantly, Vietnam has improved its enable business friendly environment over time. World Bank recognized that Vietnam is one of the 10 most-improved economies in ease of doing business in 2010. Currently, its ranking is 78 and even higher than other Asia countries such as Indonesia, Philippines, China, India. Vietnam’s rankings according to various indices Index 2011-2010 rank 2010-2009 rankWorld Bank’s Ease of doing business 78/183 88/183 World Economic Forum's Global competitiveness index 59/139 75/133 12/top 20 12/top 25 (*) ATKEARNEY' FDI confidence index Note (*) data for 2007 9 International trade Total export volume of Vietnam increased by 18 percent per year on average in the last decade and its import volume also did so by 19. 2 percent per year. In 2010 its total trade volume reached $155. 6 billion ($71. 6 billion of export and $84 billion of import), equal to 149 percent of its GDP. Both the composition and quality of exports have improved significantly. The proportion of industrial products has risen considerably.The five biggest export items include oil, textiles, footwear, seafood and wood products. Vietnam is in the early stage of the industrialisation and modernis ation process and receives a large inflow of FDI therefore it relies largely on the imp orted equipment and materials. Trade relations with foreign countries, especially other countries in the region, have expanded over time. The biggest trading partners of Viet Nam include China, America, ASEAN, EU, Japan and South Korea. International trade of Vietnam, 2000-2010 160 70 140 60 120 50 100 40 80 30 60 20 40 10 20 0 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010Year Export Import Trade in goods as % GDP Source: General Statistics Office 10 Trade in goods as % GDP (percent) 180 80 Trade (billion US$) 90 Top 10 export and import items of Vietnam, 2010 Garment Machinery & equipment Footwear Steel products Seafood Petroleum products Crude oil Fabric Electronic products Electronic products Furniture Vehicles Rice Platics Machinery & equipment Garment and shoe inputs Precious stone & metals Metals Rubber Animal feed 0. 0 5. 0 10. 0 15. 0 0. 0 5. 0 10. 0 15. 0 Import volume (billio n USD) Export volume (billion USD) Export item Import item Source: General Statistics OfficeForeign direct investment Since the introduction of the Law on Foreign Investment in 1987, by the end of 2010, 12,236 foreign investment projects were licensed with total registered capital of $193. 4 billion and total disbursed capital of over $61 billion. The investors from 92 countries and territories have committed investments in Viet Nam. Most of them are from Asia, Europe and America. Taiwan, Republic of Korea, Singapore, Japan and Malaysia and are the top five countries and territories investing in Vietnam. The next five countries and territories are British Virgin Islands, America, Hongkong, Cayman Islands and Thailand.These â€Å"top ten† countries and territories account for over three quarters of the total licensed projects and foreign registered capital in Viet Nam. Since 1996 there has been a tendency towards investment in producing goods for export, infrastructure constru ction, producing import substitutes and in labour intensive industries. There are more than 8,327 projects in the manufacturing and processing, real estate and construction industries with a total capital of about US$153,5 billion, accounting for nearly 80% of the registered capital.While there are foreign invested projects in all provinces and cities in Viet Nam, most investment has been in the key economic areas in the South including Ho Chi Minh City, Dong Nai, Binh Duong, Ba Ria, Vung Tau, and in the North including Hanoi, Hai Duong, Hai Phong and Quang Ninh. The foreign invested sector has increased rapidly, gradually asserting itself as a dynamic component of the economy, and has made an important contribution to enhancing the competitiveness and efficiency of the economy. In 20 10, the foreign invested sector has accounted for 21. 5% of the country's total investment, contributed 18. percent to GDP, 54. 2 percent to export volume (crude oil included), 44. 4 percent to industr ial gross output and employed 1. 6 million persons. 11 FDI Inflow of Vietnam, 2000-2010 Project number Registered capital Service, 10. 7% Telecom. & transportation 4. 1% Service, 19. 2% Processing & manufacturing 48. 7% Agriculture, 1. 6% Processing & manufacturing 59. 8% Agriculture 3. 9% Telecom. & transportation 7. 7% Real estate & construction 30. 8% Power, water, gas, 2. 5% Mining, 1. 5% Real estate & construction 8. 4% Power, water, gas, 0. 5% Mining, 0. 6% Source: Ministry of Planning and Investment FDI of Vietnam by sector, 2010 600 60 1400 1200 50 1000 40 800 30 600 20 400 10 200 0 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Year Disbursement Total investment Note: Accumulated inflow of FDI by the end of 2010 Source: Ministry of Planning and Investment 12 No. of project 1800 70 FDI inflow (billion US$) 80 Top 10 destinations and investors of Vietnam, 2010 Top 10 FDI receiving provinces Top 10 investing countries and territories Ho Chi Minh City Chinese Taipei B a Ria – Vung Tau Korea Republic Ha Noi Singapore Dong Nai Japan Binh Duong Malaysia Ha Tinh British Virgin Islands Phu Yen America Thanh Hoa Hong Kong Hai Phong Cayman IslandsQuang Nam Thailand 0. 0 10. 0 20. 0 30. 0 Total registered investment (billion USD) 0. 0 5. 0 10. 0 15. 0 20. 0 25. 0 Total registered investment (billion USD) Note: Accumulated inflow of FDI by the end of 2010 Source: Ministry of Planning and Investment IV: INFRASTRUCTURE ? Road network: – ? 171,392 km country-wide. 2 North-South pivot routes: (i) the 1A National Highway of 2,260km in length from Lang Son to Ca Mau and (ii) the Ho Chi Minh Highway of 3,167km in length from Cao Bang to Ca Mau. Railway network: – ? Total length of 2,632 km. 278 stations country-wide. Hanoi – Ho Chi Minh City line: 1,726 km (it takes 29. hours for express train). – Linked to China railways in two directions, one from Lao Cai province to Yunnan province and one from Lang Son province to Kwangsi p rovince of China. – Planned to construct the railway lines connecting with Laos and Cambodia. Inland waterway: – More than 2,300 rivers and canals with total length of 198,000 km. – Inland waterway system of 35,386 km. 13 ? Sea ports: – – ? Vietnam has 3,260km coastline, a strategic position close to international shipping routes and favored natural conditions of foundation, sea depth, current, tidal, sedimentation and channels for developing seaport business. 7 national level sea ports, 23 provincial level sea ports and 9 offshore oil and gas sea ports. Current major important ports include Cai Lan and Hai Phong in the North, Da Nang and Quy Nhon in the Centre and Sai Gon and Cai Mep in the South. Airports: – ? 8 international airports: Cam Ranh (Nha Trang), Cat Bi (Hai Phong), Da Nang (Da Nang), Lien Khuong (Lam Dong), Noi Bai (Ha Noi), Phu Bai (Hue), Tra Noc (Can Tho), Tan Son Nhat (Ho Chi Minh City). In 2010, Tan Son Nhat Airport receive d 15. 5 million passergers and Noi Bai airport did 9. 5 million passengers. 14 domestic airports: Buon Ma Thuot (Dac Lac), Ca Mau (Ca Mau), Chu Lai (Quang Nam), Co Ong (Ba Ria – Vung Tau), Dien Bien Phu (Dien Bien Phu), Dong Tac (Phu Yen), Dong Hoi (Quang Binh), Gia Lam (Ha Noi), Na San (Son La), Pleiku (Gia Lai), Phu Cat (Binh Dinh), Phu Quoc (Kien Giang), Rach Gia (Kien Giang), Vinh (Nghe An). Business development zones: – ? 3 high-tech zones (Hoa Lac, Da Nang and Ho Chi Minh City) with total area of 3,509 ha of land. ? 260 industrial zones and export processing zones with total area of 71,394 ha of land. 15 economic zones located along sea coast with total area of 638,633 ha of land.Energy: – Electricity output reached 92. 7 billion kWh. – Crude oil and gas exploited 23 million ton. – Coal exploited 44 million ton. Telecommunication: – 26. 8 million Internet users. – 153. 7 million mobile subscriptions. – 16. 4 million fixed phone subscriptions. 14 15 Vietnam rail network 16 National seaports of Vietnam No. Seaport Province Current capacity of ship (DWT) 1 Cam Pha Quang Ninh 50,000 2 Hon Gai Quang Ninh 40,000 3 Hai Phong Hai Phong 20,000 4 Nghi Son Thanh Hoa 20,000 5 Cua Lo Nghe An 10,000 6 Vung Ang Ha Tinh 30,000 7 Chan May Thua Thien Hue 30,000 8 Da Nang Da Nang 30,000 9 Dung Quat Quang Ngai 0,000 10 Quy Nhon Binh Dinh 30,000 11 Van Phong Khanh Hoa 50,000 12 Nha Trang Khanh Hoa 20,000 13 Ba Ngoi Khanh Hoa 30,000 14 Ho Chi Minh City Ho Chi Minh City 30,000 15 Vung Tau Ba Ria – Vung Tau 50,000 16 Dong Nai Dong Nai 20,000 17 Can Tho Can Tho 10,000 Source: Decision 2190/QD-TTg dated 24/12/2009 17 Number and size of IPs and EPZs in Vietnam 300 71,394 70,000 60,000 40,000 150 26,971 260 100 183 11,830 50 50,000 43,687 200 300 1 2,370 12 30,000 20,000 130 10,000 65 0 1991 1995 2000 2005 2007 Year Number of IPs Size (ha) Source: Ministry of Planning and Investment 18 2010 Size of IPs (ha) Number of IP s 250Economic zones of Vietnam 19 SWOT Analysis of Vietnam Strengths Weaknesses ? One of fastest growing economies ? Few skilled professionals in Asia with average GDP growth of available; 7. 2% per year over the last decade; ? High bureaucratic barriers; ? Stable political and social security; ? Weak infrastructure (power, ? Abundance of human resources transportation); (labour force of 46. 2 million people; ? Underdeveloped supporting young, motivated and educated industries. workforce; 60% of population under 35 years old); ? Competitive business and production costs (cost labor, industrial land rent, energy cost, elephone cost, marine transportation, taxation); ? Available mineral and natural resources (coal, oil & gas, iron ore, bauxite, rare earth,.. ); ? Central location in South East Asia, long distance coast. Opportunities Threats ? Global integration (ASEAN, APEC, WTO membership); one of the world’s most open economies; ? High inflation; ? High trade deficit; ? Deva luation of VND; ? Higher demand for consumer goods and capital goods with better ? Banking and finance sector in infant stage; quality because of being a lower middle income country, aiming at ? Low national reserves. an industrialized country and ncreasing urban population; ? Export oriented and labour intensive industries; ? Infrastruture (road, railway, seaport, airport, power) projects funded by international donors or foreign investors. 20 V: VIETNAM- GERMANY ECONOMIC RELATIONSHIP Trade Germany is the biggest trade partner of Vietnam in Europe. In 2010, despite the global economic downturn, bilateral trade reached nearly USD 6 billion, a substantial increase over the previous year. Total export value of Vietnam to Germany reached nearly USD 4 billion, accounting for 19% of total Vietnam’s export to the EU while its import value from German amounted to USD 2 billion.Vietnam’s main export items to Germany are garments, footwear, coffees, furnitures, see foods, leath er and leather apparel, office machinery, iron, metal products, articles of plastics, ceramic products, crude rubber. Germany is the second-largest market worldwide for robusta coffee and black pepper of Vietnam. Main import items from Germany to Vietnam include: machines (in mining, construction and civil engineering, textile, food and beverage,†¦), aircraft, units for electricity generation nd distribution, passenger cars, chemical products, pharmaceutical products, measurement, control and regulation technology products, industrial plants, plastics, lifting and handling equipment, medical equipment and orthopedic appliances, engines, iron, metal products, elec tronic components†¦ After WTO accession, Vietnam is becoming an emerging and lucrative market in Asia. As Vietnam is accelerating its industrialization process to become an â€Å"industrialized country† by 2020, the trend towards sophisticated production facilities is evident and it is likely to result in i ncreased demand for hi -tech machinery made in Germany.Investment There have been over 230 German companies operating and investing in Vietnam, including many Germany’s leading groups such as Siemens, Deutsche Bank, Mercedes, Metro, Bosch etc. By the end of April 2011, German companies have invested in 163 projects with registered capital of USD 825 million in Vietnam. Three fourths of total investment projects and two thirds of investment capital of Germany mainly concentrate in manufacturing, processing, technique services, information and communication technology, banking and finance services.Although German investment projects have been located in 26 locatio ns in Vietnam, most of them have been implemented in Ho Chi Minh City, Hanoi, Binh Duong and Dong Nai. In the upcoming time, the active implementation of mega infrastructure development and energy projects partially funded by German ODA such as the metro line No. 2 Ben Thanh – An Suong in Ho Chi Minh City (with length of 11 km and total investment capital of USD 1. 25 billion), O Mon IV thermo power, Phu Lac wind power, Vietnamese Green Line,†¦ will have positive impacts on promoting German investment flow into Vietnam.German foreign trade and investment promotion is well positioned in Viet Nam. German companies and investors can access to supports and advices from AHK Vietnam, German Business Association (GBA), a correspondent of Germany Trade and Invest (GTAI) in Vietnam. 21 Development cooperation Vietnam is an important partner of Germany in development cooperation. As one of the biggest donors among the EU members, Germany has provided Vietnam with more than EUR 1 billion in ODA since 1990. During 2011 – 2012, Germany committed nearly EUR 300 million for Vietnam. This is a clear evidence for strong support by Germany to the development of Vietnam.German-Vietnamese development cooperation focuses on the three priority areas: (i) Sustainable economic development and vocatio nal training; (ii) Environmental policy, conservation and sustainable use of natural resources; (iii) Health. German development cooperation has been utilizing effectively and contributing positively to socio-economic development of Vietnam, especially in vocational training, human resource development, infrastructure, clean energy source. During the visit of German Chancellor Dr. Angela Merkel to Viet Nam in October 2011, Hanoi Declaration was signed by Prime Minister Nguyen Tan Dung and Chancellor Dr.Angela Merkel. It is the start of the strategic partnership between Vietnam and Germany. Export and import between Vietnam and Germany, 2007-2010 4000 3500 Value (USD million) 3000 2500 2000 1500 1000 500 0 2007 2008 Export from Vietnam to Germany 2009 2010 Year Import to Vietnam from Germany Source: German Federal Statistical Office 22 Gernam investment flow into Vietnam by sector, 2010 Registered capital Service, 10. 5 Agriculture, Telecom. & 5. 4 transportation 0. 4 Real estate & c onstruction 1. 0 Project number Processing & manufacturing 53. 6 Processing & manufacturing 46. 7 Service, 34. 2 Agriculture 2. 0 Power, water & gas, 29. Telecom. & Mining, 0. 7 transportation Real estate & 10. 5 construction Power, water & gas, 2. 0 3. 9 Mining, 0. 0 Source: Ministry of Planning and Investment 23 LEGAL GUIDE FOR INVESTING AND DOING BUSINESS IN VIETNAM I: INVESTMENT REGULATIONS On 1 July 2006, the investment regime comprised of a unified Enterprise Law (â€Å"EL†), which regulates corporations, and a common Investment Law (â€Å" IL†), which regulates investment, came into effect. The promulgation of these two important legislations is considered a significant watershed for improvement of the legal environment on investment activities and corporate governance in Vietnam. . Overview To do business under the IL and EL, foreign investors are required to obtain investment certificates from an appropriate Licensing Authority. Under the IL, investors may inv est in all sectors not prohibited by law. prohibited by law include: Areas ? Investment projects detrimental to national defence, security, and the public interest; ? Investment projects detrimental to historical and cultural traditions and the ethics or customs of Vietnam; ? Investment projects harming people’s health or destroying natural resources and the environment; and ?Investment projects treating toxic waste imported to Vietnam and investment projects manufacturing toxic chemicals banned by international law. 2. Licensing Investors shall follow the licensing and registration steps depending on the size and the sector of the investment project. Investment Certification Process 24 Conditional sectors: Investment projects in conditional sectors shall satisfy certain conditions in order to be licensed. Conditional sectors include: ? Broadcasting and television; ? Production, publishing and distribution of cultural products; ?Exploration and exploitation of minerals; ? Est ablishment of infrastructure for telecommunications network, transmission and provision of internet and telecommunications services; ? Establishment of public postal network and provision of postal services and express services; ? Construction and operation of river ports, sea ports, terminals and airports; ? Transportation of goods and passengers by railway, airway, roadway and sea and inland waterways; ? Catching of aquaculture; ? Production of tobacco; ? Real estate business; ? Import, export and distribution business; Education and training; ? Hospitals and clinics; and ? Other investment sectors in international treaties of which Vietnam is a member and which restrict the opening of the market to foreign investors. Investment Registration: Foreign investment projects with a total invested capital of less than VND 300 billion (US$ 15 million) and not falling in a conditional sector are subject to â€Å"investment registration† and foreign investors of such projects shall carry out the procedures for investment registration in order to be granted an investment certificate.The investment certificate also serves as the business registration of the corporate entity. Enterprises can subsequently register additional investment projects without the need to create a separate entity. The investor should submit application documents for investment registration to the Licensing Authority. The Licensing Authority shall check the documents and issue the investment certificate to the investors within 15 workin g days of receiving the valid application.Investment Evaluation: Any investment project with a total invested capital of VND 300 billion (US$ 15 million) or more or investment projects falling in conditional sectors shall undergo â€Å"an investment evaluation† by the Licensing Authority and other relevant authorities. There are two different types of evaluation: ? evaluation for investment projects regardless of total invested capital falling into c onditional sectors; and ? evaluation for investment projects with total invested capital of VND300 billion or more that do not fall into conditional sectors.For the evaluation of investment projects with total invested capital of VND 300 billion or more, along with the application documents, the applicant must also submit an â€Å"economic – technical explanation† of the investment project to the Licensing Authority. This covers the economic – technical explanatory statement, 25 objectives, scale, location, investment capital, implementation schedule, land use needs, and technological and environmental solutions of the investment project.For the evaluation of investment projects falling in conditional sectors, in addition to the application documents, the investor shall also demonstrate compliance with requirements specific to that conditional sector. When assessing the application documents, the Licensing Authority may liaise with other relevant Ministries and authorities in evaluating the proposed investment project. Items to be evaluated shall comprise: ? compliance with master planning/zoning for technical infrastructure, master planning/zoning for land use, master planning for construction, master planning for utilization of minerals and other natural resources; land use requirements; ? project implementation schedule; ? environmental solutions. The time-limit for evaluation of investment shall not exceed thirty (30) days from the date of receipt of a complete and valid file. In necessary cases, the above time -limit may be extended, but not beyond forty five (45) days. Applying for Construction License Filing for Investment Certificate Applying for the approval of Report on environment effects evaluation Agreement on land/building/office renting Evaluating preliminary technical design Environmental protection ommitment Land/building/office renting contract 26 Projects subject to Projects subject to environmental protection constructi on license commitment †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Investment Certificate Projects subject to Report on environmental effects evaluation To-Do List for Investors 3. Licensing Authority Licensing Authority 3. 1 The Board of Management (â€Å"BOM†) of industrial zones (â€Å"IZs†), export processing zones (â€Å"EPZs†), high-tech zones (â€Å"HTZs†), and economic zones (â€Å"EZs†) are responsible for licensing foreign investments within their zones. 3 . 2National important BOT projects and PPP projects are licensed by the Ministry of Planning and Investment (â€Å"MPI†). Oil and gas projects, credit institutions, insurance projects and law firms are licensed by Ministry of Trade and Industry, State Bank of Vietnam, Ministry of Finance and Ministry of Justice respectively. 3 . 3 The Provincial People’s Committee is the authority responsible for all other foreign investments. Licensing applications shall be su bmitted to these bodies, who will consult with other relevant governmental authorities (where so required) before issuing final approval. . 4 The Prime Minister will approve the following investment projects (unless they are not included in the approved master plan): (a) The following investment projects, irrespective of the source of investment capital and scale of investment: – construction and commercial operation of airports; air transportation; – construction and commercial operation of national sea ports; – exploration, mining and processing of petroleum; exploration and mining of minerals; – radio and television broadcasting; – commercial operation of casinos; – production of cigarettes; – stablishment of university training establishments; and 27 – establishment of IZs, EPZs, HTZs and EZs. (b) The following investment projects, irrespective of the source of investment capital but with a total invested capital of VND 1,5 00 billion or more in the following sectors: – business in electricity, processing of minerals, metallurgy; – construction of railway, road and internal waterway infrastructure; and – production and business of alcohol, beer; (c) The following projects with foreign-invested capital in the following sectors: – commercial operation of sea transportation; – onstruction of networks for and supply of postal and delivery, telecommunications and internet services, construction of wave transmission networks; – printing and distributing newspapers and printed matter, publishing; and – establishment of independent scientific research establishments. 4. Forms of Investment and Enterprise Under the â€Å"Law on Investment† and the â€Å"Law on Enterprises† foreign investors may choose the following forms of investment in Viet Nam: Investment forms: – Invest in business development; – Establish economic organizations (1 00% capital of foreign investors or joint venture); Purchase shares or contribute capital to participate in management of investment activities; – Invest in contractual forms of BBC, BO, BTO, BT, PPP; and – M of enterprises. While foreign investors are allowed to buy shares in many domestic companies without limitation, there are ownership limitations for certain companies listed on the Vietnam stock exchange and financial sectors. Foreign ownership cannot exceed 49 percent of listed companies and 30 percent of listed companies in the financial sector. Forms of enterprises: – Limited liability company (with one member or more than one member);

Federalism and the United States Constitution

Federalism and the United States Constitution Federalism is a compound system of government in which a single, central or â€Å"federal† government is combined with regional government units such as states or provinces in a single political confederation. In this context, federalism can be defined as a system of government in which powers are divided among two levels of government of equal status. In the United States, for example, the system of federalism - as created by the U.S. Constitution - divides powers between the national government and the various state and territorial governments. How Federalism Came to the Constitution While Americans take federalism for granted today, its inclusion in the Constitution did not come without considerable controversy. The so-called Great Debate over federalism took the spotlight on May 25, 1787, when 55 delegates representing 12 of the original 13 U.S. states gathered in Philadelphia for the Constitutional Convention. New Jersey was the lone state that chose not to send a delegation. The main goal of the Convention was to revise the Articles of Confederation, adopted by the Continental Congress on November 15, 1777, shortly after the end of the Revolutionary War. As the nation’s first written constitution, the Articles of Confederation provided for a decidedly weak federal government with more significant powers granted to the states. Among the most glaring of these weaknesses were: Each state - regardless of its population - got only one vote in Congress.There was only one chamber of Congress rather than a House and Senate.All laws required a 9/13 supermajority vote to pass in Congress.Members of Congress were appointed by the state legislatures rather than elected by the people.Congress had no power to levy taxes or regulate foreign and interstate commerce.There was no executive branch provided to enforce laws passed by Congress.There was no Supreme Court or a  lower national court system.Amendments to the Articles of Confederation required a unanimous vote of the states. The weaknesses of the Articles of Confederation had been the caused a seemingly endless series of conflicts between the states, especially in the areas of interstate trade and tariffs. The delegates to the Constitutional Convention hoped the new covenant they were crafting would prevent such disputes. However, the new Constitution finally signed by the Founding Fathers in 1787 needed to be ratified by at least nine of the 13 states in order to take effect. This would prove to be far harder than the document’s supporters had expected. A Great Debate Over Power Erupts As one of the most impactful aspects of the Constitution, the concept of federalism was considered extremely innovative - and controversial - in 1787.   Federalism’s sharing of powers by both the national and state governments was viewed to be in stark contrast to the â€Å"unitary† system of government practiced for centuries in Great Britain. Under such unitary systems, the national government allows local governments very limited powers to govern themselves or their residents. Thus, it is not surprising that Articles of Confederation, coming so soon after the end of Britain’s often tyrannical unitary control of colonial America, would provide for an extremely weak national government. Many newly-independent Americans, including some tasked with drafting the new Constitution, simply did not trust a strong national government - a lack of trust that resulted in a Great Debate. Taking place both during the Constitutional Convention and later during the state ratification process, The Great Debate over federalism pitted the Federalists against the Anti-Federalists. Headed by James Madison and Alexander Hamilton, the Federalists favored a strong national government, while the Anti-Federalists, led by Patrick Henry of Virginia, favored a weaker U.S. government leaving more power to the states. Opposed to the new Constitution, the Anti-Federalists argued that the document’s provision of federalism promoted a corrupt government, with the three separate branches constantly battling each other for control. In addition, the Anti-Federalists stirred fear among the people that a strong national government might allow the President of the United States to act as a virtual king. In defending the new Constitution, Federalist leader James Madison wrote in the â€Å"Federalist Papers† that the system of government created by the document would be â€Å"neither wholly national nor wholly federal.† Madison argued that federalism’s system of shared powers would prevent each state from acting as its own sovereign nation with the power to override the laws of the Confederation. Indeed, the Articles of Confederation had unequivocally stated, â€Å"Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.† Federalism Wins the Day On September 17, 1787, the proposed Constitution - including its provision for federalism - was signed by 39 of the 55 delegates to the Constitutional Convention and sent to the states for ratification. Under Article VII, the new Constitution would not become binding until it had been approved by the legislatures of at least nine of the 13 states.    In a purely tactical move, the Federalist supporters of the Constitution began the ratification process in those states where they had encountered little or no opposition, postponing the more difficult states until later. On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution. Effective March 4, 1789, the United States officially became governed by the provisions of the U.S. Constitution. Rhode Island became the thirteenth and final state to ratify the Constitution on May 29, 1790. The Debate Over the Bill of Rights Along with the Great Debate over federalism, a controversy arose during the ratification process over the Constitution’s perceived failure to protect the basic rights of American citizens. Led by Massachusetts, several states argued that the new Constitution failed to protect the basic individual rights and freedoms that the British Crown had denied the American colonists -   the freedoms of speech, religion, assembly, petition, and the press. In addition, these states also objected to the lack of powers granted to the states. In order to ensure ratification, supporters of the Constitution agreed to create and include the Bill of Rights, which at the time, included twelve rather than 10 amendments. Mainly to appease Anti-Federalists who feared that the U.S. Constitution would give the federal government total control over the states, Federalist leaders agreed to add the Tenth Amendment, which specifies that, â€Å"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.†Ã‚   Updated by Robert Longley