Gavin Howe
Vietnam's legal system is based on communist legal theory and French civil law. The country's constitution, which was promulgated in 2013, is the highest legal authority and guarantees equal rights for all citizens in political, economic, cultural, and social areas. The Vietnamese legal system includes several branches of law, such as criminal law, which identifies acts that are dangerous to society and sets penalties for crimes. The National Assembly holds supervisory authority over the court system, and the President has the power to declare the promulgation of the Constitution, laws, and ordinances. The process of creating laws in Vietnam involves drafting, verification, public consultation, discussion, revision, approval, and publication.
| Characteristics | Values |
|---|---|
| Basis of laws | Communist legal theory and French civil law |
| Constitution | Promulgated on November 28, 2013, with the highest legal validity |
| Law-making process | Formulating a law-making program, drafting laws, verification of the law project, public consultation, discussing, internalizing, revising, approving, and publishing the law program |
| Legal documents | Constitution, Code, Law, Resolution of the National Assembly, Ordinance and Resolution of the National Assembly Standing Committee, Decree of the Government, Circular of the Minister and Head of Ministerial-level agency |
| Legal system | Several levels of courts, including military courts, and the Supreme People's Procuracy |
| Judicial system | Judges appointed by the chief justice of their highest court, with a 5-year initial term and reappointment determined by performance |
| People's assessors | Selected by the local People's Council or local courts from citizens with judicial experience or comparable qualifications; their votes are equal to that of a judge in non-specialized cases |
| Mediation | Encouraged and common, with a court-annexed mediation program launched in 2018; majority of mediators are retired legal professionals |
| Rights | All citizens are endowed with equal rights in political, economic, cultural, social, and family affairs, including freedom of belief, religion, and movement |
| Political system | The Communist Party of Vietnam is the vanguard of the working class and the nation, with the State President as the Head of State elected by the National Assembly |
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What You'll Learn
The Constitution and its amendments
The Constitution is the fundamental law of the Socialist Republic of Vietnam, and all other laws must conform to it. It is the responsibility of the National Assembly, its organs, the State President, the Government, the People's Courts, the People's Procuracies, other state organs, and the people to protect the Constitution.
The current constitution, known as the 2013 Constitution, was adopted on November 28, 2013, by the Thirteenth National Assembly and took effect on January 1, 2014. It is the third constitution adopted by Vietnam since the political reunification of the country in 1976. The 2013 Constitution contains a preamble and 11 chapters.
The 2013 Constitution is preceded by the 1992 Constitution, which was adopted on April 15 or 25, 1992, and amended in 2001. The 1992 Constitution includes XII chapters and 147 articles. It was revised in 2013, following the Đổi Mới market reforms adopted in 1986 and the collapse of the Eastern Bloc.
The 1980 Constitution, consisting of XII chapters and 147 articles, was adopted on December 19, 1980. It concentrates power in a newly established Council of State, with both legislative and executive powers. The 1980 Constitution deals with numerous subjects, including the basic rights and duties of citizens. Article 67, for example, guarantees citizens' rights to freedom of speech, the press, assembly, association, and the freedom to demonstrate. However, these rights are subject to the interests of the state and the people, allowing the party and the government considerable latitude in interpretation.
The 1959 Constitution turned the president into a ceremonial head, while giving de facto power to the party leader. It consisted of X chapters and 112 articles.
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The role of the National Assembly
Vietnam's legal system is based on communist legal theory and French civil law. The Constitution, which was last updated in 2013, is the country's most important legal document. It outlines the rights of all citizens and the structure of the government.
The National Assembly plays a crucial role in Vietnam's law-making process. It is responsible for issuing Codes and Laws, which are the primary sources of legislation in the country. The National Assembly also elects the State President, who represents the Socialist Republic of Vietnam in domestic and foreign affairs. The President has several constitutional powers, including declaring the promulgation of the Constitution, laws, and ordinances, and heading the people's armed forces.
The National Assembly has supervisory authority over the court system, which includes several levels of courts, military courts, and the Supreme People's Procuracy. It can also decide to set up a Special Tribunal during trials that require unique considerations.
In addition to the National Assembly, the Government plays a role in law implementation. The Government is the highest body of state administration and is responsible for administering the implementation of the state's affairs in various fields, including politics, economics, culture, and foreign relations.
The process of promulgating a Code or Law is stringent and includes several steps: formulating a law-making program, drafting laws, verifying the law project, public consultation, discussing and revising the law program, and finally, law publication. This process is specified in the Law on Promulgation of Legal Documents, which outlines the procedures for creating legal normative documents in Vietnam.
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The President's powers
The President of Vietnam is the head of state of Vietnam and is elected by the National Assembly of Vietnam for a five-year term. The President's main priority is to represent Vietnam internally and externally. The President also has executive and legislative powers, including the power to promulgate laws, decree-laws, and the Constitution, and to suspend the implementation or abrogation of documents of the Prime Minister or Deputy Prime Minister that contravene the Constitution and the laws.
The President is the nominal supreme commander-in-chief of the Vietnam People's Armed Forces and chairman of the Council for National Defense and Security. They are also a member of the Central Military Commission and the Central Police Party Committee. The President has the right to decide on executive brands and to appoint the vice president, prime minister, ministers, and other officials with the consent of the National Assembly.
The powers and prestige of the office of the President have varied over the years. For example, Vietnam's first president, Hồ Chí Minh, was also the chairman of the Communist Party, making him the first-ranking member of the Politburo, the highest decision-making body in Vietnam. However, his successor, Tôn Đức Thắng, was not a member of the Politburo and served as a symbolic figure.
The office of the President was abolished in the 1980 Constitution and replaced with the office of Chairman of the Council of State (CC). The duties, powers, and responsibilities of the Council of State were taken from the Standing Committee of the National Assembly, which lost most of its powers and prestige under the 1980 Constitution. The post of head of state was strengthened in the same constitution by the appointment of Trường Chinh, who was the second-highest-ranking member of the Politburo.
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The Vietnamese court system
The Supreme People's Court is the highest court in Vietnam. It has 13 to 17 positions and is responsible for post-judgment cassation review of petitions challenging lower court rulings. The court's Judicial Council encourages uniform law application by promulgating guiding resolutions and selecting judgments as future case law. Additionally, the court plays a supervisory role, overseeing the people's courts and the military justice system. It also recommends new laws and resolutions to the National Assembly.
Below the Supreme People's Court are three levels of courts: superior, provincial, and district. The superior people's courts, located in Hanoi, Danang, and Ho Chi Minh City, act as appellate courts for the northern, central, and southern regions, respectively. There are 63 provincial-level people's courts that serve as both trial and appellate courts. The district-level people's courts are trial courts.
Vietnam's procuracy system, modelled after the Soviet system, has two roles: public prosecution and supervision of state organs and judicial activities. The Supreme People's Procuracy has local and military subdivisions. Procuracies investigate, prosecute criminal cases, enforce sentences, and manage detention facilities and prisons. They also supervise the lawfulness of acts and decisions made by agencies, organizations, and individuals in judicial proceedings, including criminal, civil, and commercial cases.
Mediation is common in Vietnam, with the practice of "hoa giai", or seeking a third-party resolution, being preferred over legal authorities. The country's justice system is primarily inquisitorial, but adversarial principles have been introduced through the 2014 Law on the Organization of People's Courts and the 2018 Criminal Procedure Code.
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Legal normative documents
Vietnam's legal system is based on communist legal theory and French civil law. The Constitution, promulgated on November 28, 2013, is the supreme legal authority in the country. It grants all citizens equal rights in political, economic, cultural, social, and family spheres, as well as freedom of religion and movement. The Constitution also outlines the powers of the State President, who is the Head of State and represents Vietnam in domestic and foreign affairs.
- The Constitution: This is the foundational legal document of Vietnam, outlining the rights and powers of citizens and the State. It serves as the framework for all other laws and regulations.
- Code and Law: These are issued by the National Assembly and have similar functions. The key difference is that Codes tend to cover broader areas of law, such as the Civil Code, Maritime Code, and Labor Code. Laws are more specific and focused.
- Decrees: Issued by the Government, decrees provide details and stipulate specific measures for implementing the articles and clauses outlined in Codes and Laws.
- Circulars: Circulars are issued by Ministers and Heads of Ministerial-level agencies. They set out the articles and clauses in Codes, Laws, and Decrees, as well as prescribe measures for State management functions.
- Resolutions of the National Assembly: These are legal normative documents passed by the National Assembly, Vietnam's legislative body, which has supervisory authority over the court system.
- Ordinances: These are promulgated by the National Assembly or its Standing Committee and can cover a range of legislative areas.
The process of creating Codes and Laws typically involves a stringent procedure, including formulating a law-making program, drafting, verification, public consultation, internal discussions, revisions, approval, and finally, publication. This process is designed to ensure that Vietnam's laws are carefully considered and reflect the needs and interests of its citizens.
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Frequently asked questions
Vietnamese law is based on communist legal theory and French civil law.
The branches of Vietnamese law include the Constitution, Code, Law, Resolution of the National Assembly, Ordinance and Resolution of the National Assembly Standing Committee, Decree of the Government, and Circular of the Minister and Head of Ministerial-level agency.
The Constitution, promulgated on November 28, 2013, is the highest law in Vietnam.
The National Assembly is responsible for issuing Codes and Laws, as well as electing the State President and supervising the court system.
The process for creating laws in Vietnam typically includes formulating a law-making program, drafting laws, verifying the law project, public consultation, discussing, internalizing, revising, and approving the law program, and finally publishing the law.
