Keith Mack
Vietnam has a socialist legal system influenced by eastern and western legal traditions, the French civil law system, and Soviet communist legal ideology. The country does not recognize itself as belonging to the common law or civil law system, but it shares characteristics with the latter, where statutes are used as the legal source in the trial process. Vietnam's legal system is unified and has been since 1975. The Constitution is the supreme law, and the National Assembly of Vietnam is the highest-level representative body with the power to oversee government functions and the implementation of laws.
| Characteristics | Values |
|---|---|
| Type of legal system | Civil law system |
| Legal system influenced by | Eastern and Western legal traditions, French civil law, Soviet communist legal ideology |
| Number of legal systems in the world | 2 (common law and civil law) |
| Examples of common law systems | England and America |
| Examples of civil law systems | France and Germany |
| Vietnam's legal system influenced by | Many characteristics of the civil law system |
| Vietnam's recognition of its legal system | Does not specifically recognize itself as belonging to common law or civil law |
| Vietnam's single, unified legal system since | 1975 |
| Vietnam's legal system | Socialist |
| Vietnam's political system | One-party state under the control of the Communist Party of Vietnam |
| Highest-level representative body in Vietnam | National Assembly of Vietnam |
| Highest level of validity in Vietnam's legal system | Constitution |
| Basis of civil law in Vietnam | Equality, self-determination, and self-responsibility of the subjects participating in civil relations |
| Basis of Vietnam's criminal code | Protecting the sovereignty of the State, national security, protecting the socialist regime, human rights, citizens' rights, protecting equality between ethnic groups, protecting the interests of the State, organizations, protecting legal order, combating all criminal acts, educating everyone to obey the law, preventing and combating crime |
| Law governing foreign investment | Law on Enterprises 2014 (LOE) |
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What You'll Learn
Vietnam's legal system is influenced by civil law
Vietnam's legal system is a socialist one, influenced by both eastern and western legal traditions, including the French civil law system and Soviet communist legal ideology. The country has had a single, unified legal system since 1975.
Civil law is a branch of Vietnamese law, governing property relations and certain personal relations in civil transactions. It is based on the principles of equality, self-determination, and self-responsibility of the subjects participating in civil relations. The Civil Code is one of the major codes of Vietnamese law, alongside the Civil Procedure Code, the Criminal Code, the Criminal Procedure Code, and the Labour Code.
The Vietnamese legal system is shaped by the Communist Party of Vietnam, which maintains control over the government and social systems. The Constitution is the supreme law, and the Communist Party's influence is reflected in the formation and election of the National Assembly, the operation of the administration, and the function of the judicial system. The National Assembly is the highest-level representative body of the people and has the power to oversee government functions and the implementation of laws. It elects the President, who acts as the head of state and commander-in-chief, and appoints the Prime Minister as the head of government.
The court system in Vietnam consists of the Supreme Court, provincial People's Courts, and district People's Courts. The Supreme Court plays a significant role in interpreting the law, as it issues guidelines on the interpretation of laws in the form of Resolutions. These guidelines are a source of law, and the Supreme Court also produces a collection of typical cases with comments and instructions, which are relied upon by inferior courts. The Chief Justice of the Supreme Court is elected by the National Assembly and can be re-elected. The other Justices of the Supreme Court are appointed and can be removed by the President, serving a term of 5 years.
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The country's laws are shaped by the Communist Party
Vietnam is a one-party state under the control of the Communist Party of Vietnam (CPV). The CPV is the founding and sole legal party of the Socialist Republic of Vietnam, and it plays a central role in shaping the country's policy and legal system. The party's supremacy is guaranteed by Article 4 of the national constitution, which was adopted by the 13th National Assembly in 2013.
The CPV espouses Marxism–Leninism and Hồ Chí Minh Thought, with these ideologies serving as guidance for the activities of the party and state. The party's leadership has acknowledged the failures of some economic plans, such as the Second Five-Year Plan, and has emphasized improving living conditions and industrial construction.
The Vietnamese legal system includes various branches, such as civil law, which governs property and personal relations in civil transactions. The Constitution is the supreme law, and legislation (legal normative documents) is the most important source of law. Judicial decisions, however, are not considered sources of law in Vietnam.
The Communist Party's authority is evident in the judiciary, where most judges are members of the CPV and are screened by the party during their selection process. This influence is particularly notable in high-profile cases and those involving charges of corruption or challenging the party or state.
The CPV also exerts control over the state, military, and media, and defamation laws are enforced against critics of the party and government. The National Assembly of Vietnam, elected by the people, has the power to oversee government functions and the implementation of the constitution and laws.
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Vietnam's legal system is not based on common law
Vietnam has a single, unified legal system, with the Constitution as the supreme law. The National Assembly of Vietnam is the highest-level representative body and has the supreme supervisory power to oversee government functions and the implementation of the constitution and laws.
The Vietnamese legal system has many characteristics of a civil law system, where statutes are used as the primary legal source in the trial process. In contrast, common law systems rely primarily on precedent as the main legal source in trials. While Vietnam does acknowledge the role of precedent in its legal system, it does not specifically recognize itself as belonging to the common law or civil law tradition.
The Vietnamese Civil Code, which took effect on January 1, 2017, serves as the foundation for all other laws governing civil and business relationships, enhancing consistency in the legal system and better protecting civil rights. This Civil Code supersedes all other regulations, and it mandates that Vietnamese courts cannot deny solving civil issues due to a lack of existing regulations.
In summary, Vietnam's legal system is distinct from common law systems and instead exhibits features of a civil law system, influenced by various legal traditions and ideologies.
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The country has a single, unified legal system
Vietnam has a single, unified legal system that has been in place since 1975. The country's legal system is influenced by eastern and western legal traditions, the French civil law system, and Soviet communist legal ideology. Vietnam is a one-party state under the control of the Communist Party, which plays a central role in shaping the country's policy and legal system. The Constitution is the supreme law, and it enshrines the supremacy of the Communist Party.
The Vietnamese legal system includes various branches of law, including civil law, which governs property relations and certain personal relations in civil transactions based on equality, self-determination, and self-responsibility. The Civil Code of 2015, which took effect on January 1, 2017, serves as the foundation for all other laws governing civil and business relationships, enhancing consistency in the legal system and better protecting civil rights.
Vietnam's Law on Enterprises 2014 (LOE) regulates the establishment, organisation, restructuring, management, and dissolution of enterprises. It requires foreign investors to apply for an investment registration certificate (IRC) and an enterprise registration certificate (ERC) to establish a company. The LOE also outlines common forms of enterprise for foreign investments, such as limited liability companies (LLCs).
In 2015, the National Assembly passed Law No. 80/2015/QH13 on the promulgation of legal documents, which came into effect in July 2016. This law contains regulations about the types of legal documents and the law-making process, specifying 15 levels of validity with the Constitution at the highest level. Decree 15/2015/ND-CP on investment in the form of PPP (public-private partnerships) was also introduced to encourage investment in public sector areas.
While Vietnam's legal system shares characteristics with the civil law system, it does not specifically recognize itself as belonging to either the common law or civil law system. Instead, it acknowledges the role of precedent in its legal processes.
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Vietnam's legal system is influenced by eastern and western traditions
Vietnam's legal system is a product of both eastern and western influences, as well as the country's own unique traditions and ideologies. The country has had a single, unified legal system since 1975.
The Vietnamese legal system is a socialist one, with the Communist Party of Vietnam at its centre. The Party shapes the country's policies and legal framework, and its supremacy is enshrined in the Constitution, which is the supreme law of the land. The National Assembly of Vietnam is the highest representative body and has the power to supervise government functions and the implementation of laws and the Constitution. The Assembly elects the President, who acts as the head of state and commander-in-chief, while the Prime Minister is the head of the government and is appointed by the President.
Vietnam's legal system has been influenced by the French civil law system, which forms the basis of its civil law branch. This branch governs property relations and certain personal relations in civil transactions, emphasising equality, self-determination, and self-responsibility. Additionally, Soviet communist legal ideology has also left its mark on the country's legal traditions.
While Vietnam's legal system draws on these external influences, it also has its own distinct features. For instance, judicial decisions are not considered sources of law in Vietnam. Instead, the Judge Council of the People's Supreme Court issues guidelines on interpreting laws through Resolutions, and these guidelines are a source of law. Treaties that Vietnam has ratified are also considered a source of law.
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Frequently asked questions
Vietnam does not recognize itself as belonging to the common law system. Instead, it has a socialist legal system influenced by eastern and western legal traditions, the French civil law system, and Soviet communist legal ideology.
The common law system is a legal system where precedent is the main legal source used in trials. It is the legal system of England and America.
Vietnam has a single, unified legal system since 1975. The Vietnamese legal system includes various branches of law, including civil law, which governs property relations and certain personal relations in civil transactions.
The Constitution is the supreme law in Vietnam. The Vietnamese legal system is influenced by the Communist Party of Vietnam, which shapes the country's policies and legal system.
