Cecily Zamora
Vietnam is a one-party state under the control of the Communist Party, which shapes the country's legal system. The country has had a single, unified legal system since 1975, influenced by eastern and western legal traditions, the French civil law system, and Soviet communist legal ideology. Vietnam's socialist legal system has many characteristics of the civil law system, where statutes are used as the legal source in the trial process. However, Vietnam does not specifically recognize itself as belonging to the common law or civil law system. The country's legal system acknowledges the role of precedent, a characteristic of the common law system, where precedent is the main legal source used in trials.
| Characteristics | Values |
|---|---|
| Type of Country | One-party state under the control of the Communist Party of Vietnam |
| Legal System | Socialist legal system influenced by eastern and western legal traditions, the French civil law system, and Soviet communist legal ideology |
| Number of Levels of Courts | 4 |
| Number of Levels of Government | 4 |
| Number of Provinces | 63 |
| Type of Justice System | Inquisitorial model with adversarial principles |
| Legal Source Used in Trials | Statutes |
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What You'll Learn
- Vietnam's legal system has civil law characteristics, but it does not recognise itself as common law
- The Vietnamese Constitution is supreme law, influenced by communist ideology and French civil law
- Vietnam's socialist republic has a multi-level court system, with the Supreme People's Court at the top
- The National Assembly has supreme power and elects the President, who appoints the Prime Minister
- Vietnam's justice system is inquisitorial, with recent adversarial principles introduced
Vietnam's legal system has civil law characteristics, but it does not recognise itself as common law
Vietnam's legal system is a socialist one, influenced by both eastern and western legal traditions, the French civil law system, and Soviet communist legal ideology. The country has had a single, unified legal system since 1975, the same year that the Socialist Republic of Vietnam was officially declared.
Vietnam's legal system has many characteristics of the civil law system, including the use of statutes as the primary legal source in trials. However, it does not explicitly recognise itself as belonging to either the common law or civil law system. Instead, it acknowledges the role of precedent in its legal processes, with the 2014 Law on the Organization of People's Courts introducing adversarial principles.
The Vietnamese legal system includes several levels of courts, including military courts and the Supreme People's Procuracy. The National Assembly of Vietnam, the highest-level representative body of the people, has supreme supervisory power over the court system and elects the President, who appoints the Prime Minister. The Chief Justice of the Supreme Court is elected to a five-year renewable term by the National Assembly, while other members are appointed by the President and confirmed by the Assembly.
The country's legal system continues to undergo reforms, particularly in areas such as investment, labour law, free trade agreements, and corporate law, with the aim of liberalising the business environment and attracting foreign investment.
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The Vietnamese Constitution is supreme law, influenced by communist ideology and French civil law
Vietnam is a one-party state under the control of the Communist Party of Vietnam, which shapes the country's policy and legal system. The Vietnamese Constitution is the fundamental and supreme law of the Socialist Republic of Vietnam. The current constitution, known as the 2013 Constitution, was adopted in 2013 and took effect in 2014. It is the third constitution adopted by the Vietnamese state since the country's political reunification in 1976.
The Vietnamese Constitution is influenced by communist ideology, with the supremacy of the Communist Party enshrined in the document. The 1980 Constitution, for example, concentrated power in a newly established Council of State, similar to the Presidium of the Supreme Soviet, and endowed it with legislative and executive powers. The 1959 Constitution also provided for a nominal separation of powers among the legislative, executive, and judicial branches of government, with the legislative function carried out by the National Assembly.
The Vietnamese Constitution also shows the influence of French civil law. Vietnam's legal system has been influenced by both eastern and western legal traditions, including the French civil law system. The country's first Constitution was adopted in 1946, shortly after its independence from France in 1945.
The Vietnamese Constitution has undergone revisions and updates over the years, reflecting the country's evolving political and social landscape. The 1946 Constitution was a liberal democratic document, while the 1959 Constitution was a fully communist one. The 2013 Constitution continues to uphold the principles of socialism and the role of the Communist Party while also addressing contemporary issues and challenges.
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Vietnam's socialist republic has a multi-level court system, with the Supreme People's Court at the top
Vietnam is a one-party socialist republic led by the Communist Party of Vietnam (CPV). The CPV espouses Marxism-Leninism and Hồ Chí Minh Thought, the political philosophy and ideology of the late Hồ Chí Minh. The Vietnamese judicial system is based on socialist legality, as outlined in Article 12 of the constitution.
The country's highest judicial organ is the Supreme People's Court (SPC), which consists of the Chief Justice, Deputy Chief Judge, jurors, and court secretaries. The SPC's structure, from the top down, includes the Council of Judges, Commission of Judges, Central Military Court, Criminal Court, Civil Court, and Appeal Court, with assisting staff. The Chief Judge of the SPC is elected by the National Assembly, while the President of the Socialist Republic can nominate and dismiss the Deputy Chief Judge and other judges at the Chief Judge's request.
Vietnam has 63 provinces with four levels of government: provinces, districts, communes, and special administrative-economic units. Each level has its own courts, as well as a People's Council and People's Committee, which are responsible for carrying out local administrative duties. There are four levels of general jurisdiction courts and a separate military court system.
The Supreme People's Procuracy, modelled on the Soviet system, plays a dual role in Vietnam's legal system. It is responsible for public prosecution and supervising state organs and judicial activities, including investigations, prosecution of criminal cases, enforcement of sentences, and the management of detention facilities and prisons.
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The National Assembly has supreme power and elects the President, who appoints the Prime Minister
Vietnam is a one-party state under the control of the Communist Party of Vietnam, which plays a central role in shaping the country's policies and legal system. The National Assembly of Vietnam is the highest-level representative body of the people and is recognised by the Constitution of Vietnam as "the highest organ of state power". The National Assembly has 500 delegates who are elected for a five-year term and meet twice a year.
The National Assembly holds supreme supervisory power and oversees all government functions and the implementation of the constitution and laws. It elects the President, who acts as the head of state and commander-in-chief. The President is responsible for proposing to the National Assembly the election or dismissal from office of the Prime Minister, the chief justice of the Supreme People's Court, and the head of the Supreme People's Office of Supervision and Control. The President also has the right to preside over meetings of the Government of Vietnam and to appoint or dismiss officials, staff, and employees of the Office of the President, including deputy prime ministers and ministers.
The Prime Minister is the head of government and is appointed by the President with the consent of the National Assembly. The President also appoints the vice president, ministers, and other officials with the approval of the National Assembly. The President holds various powers and responsibilities, including representing Vietnam internally and externally, promulgating laws and decree-laws, and suspending the implementation or abrogation of documents of the Prime Minister or Deputy Prime Minister that contravene the Constitution and laws.
The National Assembly's role extends beyond electing the President and includes approving the Constitution, law-making procedures, and filling the government with key appointments. The Assembly appoints the Prime Minister, the chief justice of the Supreme People's Court of Vietnam, the head of the Supreme People's Procuracy of Vietnam (or 'Supreme People's Office of Supervision and Inspection'), and a 21-member government. The National Assembly has been characterised as a rubber stamp for the Communist Party of Vietnam, with the Party controlling nomination and election processes at every level.
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Vietnam's justice system is inquisitorial, with recent adversarial principles introduced
Vietnam's justice system is based on an inquisitorial model, influenced by eastern and western legal traditions, the French civil law system, and Soviet communist legal ideology. However, in recent years, the country has introduced adversarial principles.
The adversarial system, common in common-law countries, structures criminal proceedings as a competition between two parties. In contrast, inquisitorial systems are characterised by the investigation or the investigating magistrate providing access to evidence to the defence.
In 2013, Vietnam's Constitution introduced adversarial principles for the first time. This was followed by the adoption of a revised Criminal Procedure Code in 2015, which granted more rights to lawyers and the accused. The 2014 Law on the Organisation of People's Courts and the 2018 Criminal Procedure Code further entrenched these principles. For instance, Article 13 of the 2014 law states, "The Adversarial principle in trials shall be guaranteed. Courts shall enable procedure participants to exercise the right to adversarial process in trial." Article 14 guarantees the right to a defence, including the right to request an attorney. The new criminal procedure code outlines the rights and responsibilities of defence counsel, such as the ability to meet with the accused, be present during questioning, seek expert advice and interpretation assistance, gather and present evidence, and inspect the prosecution's evidence.
These reforms demonstrate Vietnam's commitment to improving its judicial system and ensuring fair trials, access to effective legal representation, and upholding human rights.
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Frequently asked questions
Vietnam's socialist legal system is influenced by eastern and western legal traditions, the French civil law system, and Soviet communist legal ideology. The country has had a single, unified legal system since 1975, with the Constitution as the supreme law. Vietnam's judicial system includes several levels of courts, military courts, and the Supreme People’s Procuracy.
Vietnam does not specifically recognize itself as belonging to the common-law system or the civil law system. However, it shares characteristics with the civil law system, such as using statutes as the legal source in the trial process.
Vietnam's legal system is shaped by the Communist Party of Vietnam, which is enshrined in the Constitution. The National Assembly of Vietnam has supreme supervisory power and elects the President, who appoints the Prime Minister. The country's justice system is based on an inquisitorial model, but the 2014 Law on the Organization of People's Courts introduced adversarial principles, guaranteeing the right to a defense and recognizing the role of precedent.
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