VIETNAM – LATEST GUIDE TO CONTRACT MANUFACTURING AND TOLLING AGREEMENTS
Internship report
1. 1 | P a g e
Internship Report
Nepal Law Commission
New Baneshwor, Min Bhawan
Nepal
Date: Bhadra 31, 2073 to Magh 28, 2073
2. 2 | P a g e
ACKNOWLEDGEMENT:
The successful completion of this research required a lot of guidance from many people and I am
tremendously fortunate to have received this all along. The completion of this research and thus
the research report would not have been possible without such guidance and I personally would
like to express my gratitude to all who have provided crucial help.
I would like to express my special thanks to Ms. Anita Thapa (faculty member of Chakrabarti
Law College) for giving me an opportunity to do this research do research in the Nepal Law
College and Mr. Himal Chandra Aryal (supervisor) for providing all the support and guidance
without which completion of this work would have been impossible. I am extremely grateful to
him for providing such a nice support and guidance despite his busy schedule.
I am really thankful to Mr. Himal Chandra Aryal, Ms. Smriti Pokhrel, Ms. Manuka Ghimire, Ms.
Indira Dahal, Ms. Muna Sharma for guiding me through each step and providing help at each
step whenever I found myself in confusion. I thank all of staff members for all her devotion and
time until the end of the research.
From the bottom of my heart, I would like to thank and express my gratitude towards Ms. Indira
Dahal for his encouragement and support from the very beginning. Her encouraging words and
guidance were crucial for the commencement and completion of this research without which it
would not have been possible.
I am thankful entire staff for their love, affection, helping and caring nature and that stimulated
me to provide a friendly environment that helped me to accomplish my work and research works.
I am also thankful Chakrabarti Habi Education Academy (college of law) for this opportunity
and its continuous support. This programme has been a great learning experience.
Finally, I am very grateful to my parents for their support, love, inspiration and care without
which nothing would have been possible.
Bibek Kumar Baishya
B.A, LL.B 5th
year
Chakrabarti HaBi Education Academy (college of law)
3. 3 | P a g e
Introduction to the program
Nepal Law Commission is a statutory body to draft reform laws in Nepal.
The Nepal Law Commission (NLC) was first constituted by an executive decision in 1953,
immediately after the down of multiparty democracy. The second, third, fourth and fifth
Commissions were constituted in 1960, 1963, 1972 and 1979 respectively. All those
Commissions were temporary in nature. The NLC was given permanent status only in 1984.
After the restoration of multiparty democracy in 1990, the NLC was restructured with the
mandate commensurate with the changed context. It was again restructured in 2003 with timely
changes in its mandate and composition. Now, the Commission is a statutory body under the
Nepal Law Commission Act, 2007, which was promulgated on 14 January 2007. It is to note that
until then it used to be constituted by the executive decision.
The motto of this agency is to "Reforming the Law to Enhance Justice in Society and Promotion
of Good Governance under the Rule of Law" established with the purpose of drafting laws.
Nepal law commission has been providing a platform for law students to work on drafting laws,
reforming or amendment of laws and regulations since 2years. Among most of the power,
function and duties some of its functions, power and duties are as follows:
To draft new legislation and amendment of the statute with explanatory notes,
To codify, unify and review existing laws,
To draft legislation to include treaty obligation,
To exchange ideas and information with law commissions and law drafting agencies of other
countries,
To carry out study and research works,
To make consultation with stakeholders,
To obtain expert service.
To prepare annual programs and annual progress report,
To accomplish other functions relating to law and justice as prescribed by the Government
and as deemed necessary by the Commission itself,
To make necessary recommendation to the Government.
Nepal law commission is only governmental institution in Nepal that has been providing familiar
and good platform for law students for the detail study of law and it regulating practices or
regulation. It reviews amend, make law and takes the public opinion from different sectors for its
best performance. It is one of best working area where law student can explore their talent,
acknowledgement and ideas.
4. 4 | P a g e
Lists of the work done at Nepal Law Commission
Tallying of acts provided in website and books.
Review of Land acquisition act 2034 along with international conventions.
Accumulation of domestic as well as international provision related to Zoo Act.
Preparation of content of Privacy Act.
Collaboration of all domestic as well as international frameworks related to the act
of code of conduct for legal practitioner.
Compilations of all parts of Nepalese act along with their latest amendment dates.
Comparative preparation and comparison of all the provisions of Nepalese act and
international convention (CRPD).
A small work on consumers act.
Few translations of the act in Nepali to English.
5. 5 | P a g e
Short description of all work done at Nepal Law Commission during the internship.
1. Tallying of acts provided in website and books.
As found in the website www.lawcommission.gov.np there are several numbers of prevailing
acts and statutes. I compared overall acts present in website of Nepal Law Commission with all
17 parts of acts published by Nepal book store. According to new federal system there require
some of the new acts that can find its suitability with latest situation of our country and there
were some law that were not mentioned in the book and there were repeated names.
2. Review of Land acquisition act 2034 along with international conventions.
Land acquisition refers to the process of acquiring land from private body by government for
some development purpose by providing compensation. As per Section 2(1) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
defines the land acquisition for public purpose within India. There are several acts, conventions
which guarantee the land acquisition right. In different laws and convention land acquisition
rights are guaranteed in the sense of right to property. In Nepalese context, there is single law in
the form of act which provides the land acquisition right i.e. Land Acquisition Act, 2034 (1977).
Whereas, under article 25 of constitution of Nepal also provide the land acquisition in the form
of right to property.
Nepal: land acquisition act 2034 provides the process of acquiring land. It consists of 43
sections.
India: Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 provides right to acquire land which came in force after repealing the act
of Land Acquisition Act,1894. The Constitution of India provides for the right to property under
Articles 19 and 31.
Other related conventions illustrating the land acquisition rights:
Article 17 of UDHR provides that “everyone has the right to own property alone as well as in
association with others and no one shall be arbitrarily deprived of his property”. Though The
right to property which is enshrined under article 17 of UDHR, has not been internationally
protected human rights in the sense that the UDHR has not become a legal binding document on
States and unlike the United Nations Human Rights Covenants of 196622 which is legally
binding instruments on all States make no recognition of the right to property that is the
International Covenant on Civil and Political Rights (ICCPR) and International Covenant on
Economic Social and Cultural Rights (ICESCR).
Regional treaty bodies on human rights also protect right to property such as European
Convention on human rights and fundamental freedom its first Protocol13 American Convention
on human rights14 and the Article 14 of the African Charter on human and Peoples Rights15 and
other human right treaties. Apart from the UDHR, the human right to property has been includes
6. 6 | P a g e
in other treaties such as International Convention on the Elimination of All Forms of Racial
Discrimination (CERD) and Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW). In addition the ILO Convention 169 deals with the collective and
individual rights of indigenous and tribal Peoples to ownership of land and natural resources.
Likewise the 1948 American Declaration of the Rights and Duties of Man article 23 holds that
“every person has a right to own such private property as meets the essentials needs of decent
living and helps to maintain the dignity of the individual and the home.
3. Accumulation of domestic as well as international provision related to Zoo Act.
While accumulating the all domestic as well as international provision related to Zoo act in
relation to zoo act; there is no any specific law, act or regulation to regulate the zoo’s animal. It
is only being regulated by common trust. As most of the country in South Asia, American and
European country have the zoo act for common regulation. The zoo must be drafted in such a
way that it must not harm the animal that are to be kept captive. They must be provided well
natural environment and freedoms that they are been allowed to enjoy.
Hence, the Zoo related acts must be drafted and be promulgated by Nepal Government.
4. Preparation of content related to Privacy Act.
In regard to the preparation of content of privacy act I have mentioned several which might be
relevant in preparing the draft bill of privacy act. Some of the significant points are to be
mentioned below:
Privacy of communication and prohibition from its interception, Collection, Protection and
Retention of Personal Information by Public Bodies, Procedure for interception of
communication, Prohibition of surveillance and regulation, Use of photographs,
fingerprint, body samples of persons, DNA samples and other samples taken at police
stations, Health information privacy, Privacy relating to data, Public interest paramount,
Reviews and complaints, Investigation and reviews by Adjudicator, Provision Regarding
Punishment and compensation and other relevant provisions.
5. Collaboration of all domestic as well as international frameworks related to the act
of code of conduct for legal practitioner.
Law is an especially important profession in any society. Lawyers need codes of ethical conduct
to maintain confidence in them and in the legal system. Independence of judiciary is one the
basic and most fundamental component of democracy and rule of law. For effective and
competent justice system the judges, lawyers, prosecutors and law enforcement official must
perform their function legally and ethically. Some of the instances of Professional misconduct
are as follows, 1) Dereliction of duty 2) Professional negligence 3) Misappropriation 4)
Changing sides 5) Contempt of court and improper behavior before a magistrate 6) Furnishing
false information 7) Giving improper advice 8) Misleading the clients in court 9) Non speaking
7. 7 | P a g e
the truth 10) Disowning allegiance to court 11) Moving application without informing that a
similar application has been rejected by another authority 12) Suggesting to bribe the court
officials 13) Forcing the prosecution witness not to tell the truth.
Related laws:
The Code of Conduct for Legal Practitioners, 2051 (1994)
Nepal Bar Council Act, 2050 (1993)
Therefore code of conduct or professional ethics is said to be fundamental pillar for the
performance of function ethically.
6. Compilations of all parts of Nepalese act along with their latest amendment dates.
With regard to this topic or work done; I have compiled all the acts name along with the latest
amendment date of all 16 parts of the latest act that were provided in book.
7. Comparative preparation and comparison of all the provisions of Nepalese act and
international convention (CRPD)
While doing the literal study of the provision related to person with disability; I have found that
there are no any specific statutes or regulations that regulate it. There are some of the provision
in different acts that mentions about the legal rights and some merits on the person with
disability. The acts are as follows:
cfPs/ P]g, @)%*, Gofo k|zf;g P]g, @)$*, ;/sf/L d'B ;DaGwL P]g, @)$(, Joyflksf ;+f;b ;lrjno ;DaGwL P]g, @)^$,
lghfdtL ;]jf P]g, @)$(, ;jf/L tyf oftfoft Joj:yf P]g, @)$( , ckf+u ;+/If0ftyf sNof0f P]g, @)#(, Affnaflnsf ;DaGwL
P]g, @)$*, lzIff P]g, @)$*, n'lDjlg a}2 ljZjljwfno P]g, @)^#, dWoklZrdf~rn ljZjljwfno P]g, @)^%, s[lif tyf jg
lj1fg ljZjljwfno P]g, @)^&, cflb .
In contrast to the convention related to person with disability there are some insufficient provision in
Nepalese provisions or acts.
8. Minor work on Consumers Act.
Some important verdicts related to consumer's right was prepared for some important works.
9. Few translations of the act in Nepali to English.
Some translations were done in the duration of internship such as supreme court act and many
more.
8. 8 | P a g e
Conclusion:
Lastly I would like to thank toward Nepal Law Commission for providing some works as
thinking as one of capable candidate and college department for providing me chance to join this
reputed institution for to have fruitful experience. Thank you every one for their support and
motivation. I would like to end up my report with a single sentence
समस्यामा पर्ाा येदर् कसैले सलह मंग्यो भने सलहको साथमा आफ्नो साथ पनन दर्नु होला , दकनभने तपाइको
सलाह गलत भए पनन तपाइको साथ गलत हुने छैन….