Introduction to Law

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Lesson 1
Overview of the Vietnamese
State and Legal System

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I. Vietnamese legal philosophy and the factors
influencing it
• Under the leading of Communist
Party, Vietnam is a socialist country.
The legal system of the Socialist
Republic of Vietnam has significantly
changed since introduction of Doi moi
(renovation) in 1986.

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 I. Vietnamese legal philosophy and the factors
influencing it
• Legal system is different from country to country
because of differences in history, socio political
and economic condition.
• Vietnam legal ideologies can be divided into four
main periods, such as:
-Feudal legal system
-French colonialist
-Soviet Union legal tradition
-Legal system in period of integration and
globalization.
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I.1. Legal ideology of socialist model

- The current legal system of

Vietnam is based on the Soviet
Union model.
- It is Civil law with modifications
from Marxist-Leninist ideology.
- Therefore, the 1980 constitution
was based on the Constitution of
Soviet Union.

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 I.1. Legal ideology of socialist model
• The 1980 Constitution explicitly started:
“The Socialist Republic of Vietnam is a
state of proletariat dictatorship”
- For the first time, the Constitution
contained a provision on the role of the
Communist Party of Vietnam as the only
political party.
- The legal system and the role of law were
used in the flexible way in order to
maintain the autonomous role of
Communist party.
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 I.1. Legal ideology of socialist model
• The legal system of Vietnam
was formed gradually
- under the leadership of
Communist Party and
democratic centralism principle.
- under the principle of socialist
legality and democratic
centralism.

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I.1. Legal ideology of socialist model

• These principles shape the

nature of legislation in Vietnam.
• Although National Assembly is
vested legislative power but
executive organs have played
important role in legislation.

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 I.1. Legal ideology of socialist model
• Under democratic central
principle, there is no
separation of state power.
All three state branches
have involved in legislation.
Hence, the concept of law
refers to various types of
legislation issued by
competent agencies in
written forms.
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 I.1. Legal ideology of socialist model
• In addition, Communist Party
has played leading role in all
aspects. Legal system is under
influences of Party’s policies.
• Therefore, law cannot
conflict with Party’s policies.
It becomes one of a condition
of legal validity in Vietnam
that is also different from
other countries.
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 I.1. Legal ideology of socialist model
• It is essential to answer the
question: what is law in Vietnam?
Law refers to legal normative
documents issued by competent
agencies as prescribed by laws.
• Legal system includes many types
of legal normative documents;
therefore, it also forms a
hierarchical legal validity.
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 I.2.Socio-Economic Conditions

• Socio-economic
conditions have
affected significantly
legal system. Legal
system must respond
to the changes of
socio-economic
conditions.

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 I.2.Socio-Economic Conditions
• The remarkable changes in
socio-economic in Vietnam that
has required significant changes
of legal system as follows:
• Introducing Doimoi (renovation)
policy in 1986: shifting from
centrally planned economy to
the market economy with a
socialist orientation. Legal
system was considered as
instrument for defining the role
of state and the market. 13
 I.2. Socio-Economic Conditions
• Related to Doimoi policy, some
significant changes in legal system
were summarized such as:
• 1) 1986 Land reform: Directly after
introducing Doi Moi, the government
decided to give Vietnamese farmers
more rights on land and for the first
time the right to decide what to
produce on their own. As a result,
agricultural output increased so
much that within 2 years, Vietnam
was transformed from a rice-
importing to an exporting nation 14
 I.2. Socio-Economic Conditions
• 2) 1990/91 Recognition of
private ownership: For the
first time, Vietnam has
officially recognized the
lawful existence of non-state
economic sectors by issuing
the Company Law and the
Private Enterprise Law.
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 I.2. Socio-Economic Conditions
• 3) 1995/96 Liberalization of
foreign trade: The re-
establishment of formal
diplomatic relations with the
USA constituted the starting
point for an opening of
international economic
relations – allowing private
enterprises to engage in
import/export activities.

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 I.2. Socio-Economic Conditions
•4) 1999 Right of business
freedom: Clarification of
entrepreneurs’ basic
rights to operate in any
and all business arenas
not explicitly forbidden
by law.
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 I.2. Socio-Economic Conditions
• Achieving success as a Middle- Income
Country: Master reforming program
• In progress of building rule of law state and
democratic society, especially since became a
middle-income country. Vietnam introduced a
Master Plan on Administrative Reform period
2011-2013 with the aim at building up an
effective, efficient, transparent, and strong
administrative system from central to local
level. Hence, the 1992 Constitution was
amended in 2013 as a significant effort in
reforming process.

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 1.2.Socio-Economic Conditions
• The 1992 Constitution replaced
for the 1980 Constitution with
the main focus on the open
market under socialist oriented
economy. The rule of law, clearly
distribution of state functions
(legislative, executive and
judicial functions) was
mentioned as the target of legal
reform in Vietnam.
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 I.2. Socio-Economic Conditions
• Globalization:
Vietnam became a member of WTO in
2007: In 1995, Vietnam aimed at bringing
national legal system up to level required
by WTO member. Therefore, all legal
sectors have been reformed basing on
the international trade rules. For
example, Vietnam established the
Administrative Court in 1996 and adopted
Law on Administrative Complain and
Denunciation in 1998 in order to meet a
requirement of WTO.
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I.2. Socio-Economic Conditions
• Currently, Vietnam has carried
out reviewing all legal
documents and has planned to
promulgate new Laws in order
to ensure that legal documents
comply with the 2013
Constitution.

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I.3. Traditional Culture, Beliefs, and Religions
• Vietnam includes 54 ethnic groups
which have different traditional
cultures, beliefs, and religions.
Buddhism is identified as the main
religion in Vietnam and influenced
by Confucianism. The law making
and law enforcement system at
present are crucial influenced by
Confucianism and Buddhism
religion.

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I.3. Traditional Culture, Beliefs, and Religions

• “Village customary
regulations” still exist
parallel with “law of state”.
To some extent, village
customary regulations
have affected crucially to
law enforcement in
Vietnam.

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 I.3. Traditional Culture, Beliefs, and Religions
• “A well-known saying goes, “the laws of
the emperor give way to the customs of
the village”. The saying implies a sense of
attitude, perception of the people toward
(central) formal laws, and broadly a degree
of hesitation and resistance to obedience
of, and compliance with, law and use of
formal dispute settlement (e.g. the court) in
general. The “laws of the emperor”,
associated with the legal rules by foreign
domination, over two thousand years have
shaped attitudes, even in modern days.”
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I.4. International cooperation in legal reform
• In the period of integration
and globalization, Vietnam
has received support from
advanced countries such as
US, Japan, Denmark,
Canada, and Germany (etc)
in implementing legal
reforms.

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I.4. International cooperation in legal reform
• “More recently, donors and
entrepreneurs have advocated
reforms to support the
marketization of the economy,
producing a diverse set of civil and
common law influences from
various sources including Sweden,
United States of America, Canada,
Japan and Australia to name a
few.”

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 I.4. International cooperation in legal reform
• Consequently, legal system in
Vietnam currently has
impacted significantly from
the donor’s country. Legal
system is gradually changed
and has some new features
that are different from the
period of centrally-planned
economy.

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 I.5. International cooperation in legal reform
• The reforms of Vietnam in new
century relate more to rule of law
state than socialist legality. The
problem is that how Vietnam uses
legal models and reforming
solutions of different legal
traditional (civil law, common law,
socialist law…) to create a coherent
legal system Albert Chen, Constitutionalism in
Asia in the Early Twenty-First Century (Cambridge
University Press, 2014), 202. Vietnam-Italy

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 II. Brief history and development of
Vietnamese Law
• 2 September 1945: Independence
Five constitutions:
-The 1946 Constitution
-The 1959 Constitution
-The 1980 Constitution
-The 1992 Constitution
-The 2013 Constitution
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II. Brief history and development of Vietnamese Law.
Remarkable changes in economic and legal
foundation:

The most important: Economic Change.

- Since 1986, the Renovation Policy has secured

remarkable achievements in stimulating economic
growth.
- It has changed the Vietnamese economy from a
centrally planned economy into a multi-sectored
economy following what the Vietnam Government
calls a ‘socialist oriented market economy’’
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 II. Brief history and development of Vietnamese Law
• The greater diversity of economic sectors has
not only changed the state economy and the
nation’s social life but has also led to changes in
Vietnam’s legal system in order to meet the
requirements socio-economic renovation.
• The changes of economic policies have brought
about equally important changes in the legal
system.
• According to Vietnamese Legal scholars, ‘’Law’’
is “State law”
• Law is significantly influenced by economic and
social conditions.
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 II. Brief history and development of Vietnamese Law
• Law is significantly influenced by
economic and social conditions.

• Thus theoretically, the economic

foundations of a society and their
inter-relation, growth and change
are the direct reasons for the
appearance of laws because law
are created in a society when the
economic and social conditions
develop to a certain level. 32
 II. Brief history and development of Vietnamese Law
• In Vietnam, normative legal
documents (state law) are
fundamentally recognised an
applied widely to regulate all
social relations.
• Since the 1990s, customary law
and precedent have attracted
some attention from the
government in a few social fields
such as marriage, family and civil
field. 33
II. Brief history and development of Vietnamese Law
• Vietnam has undertaken
several legal reforms,
including improving the
quality and number of
normative legal document.
Despite these positive
changes, there still exist a
number of shortcomings
and weaknesses.

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III. The State of Vietnam
• The State of Vietnam is a system of national organs.
• Principle: Democratic centralism
• Structure:
consists of
- The National Assembly
- The President
- The Government
- The People’s Court and People’s Procuracy
- The local government

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IV. The National Assembly
- Duration 5 years.
- The highest representative organ of the people
- The highest organ of State power
- The only body that has the supreme supervisory power over the
implantation of the Constitution and Laws

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 IV. The National Assembly
• Exercises supreme control over
conformity to constitution, the law
and the resolution of National
Assembly
• Decides fundamental matters of
nation, including socio-economic
development, financial and
monetary policies, issues of war
and peace, national defence,
security, and external relations

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 V.President
• Is the head of State
• Represents the State internally and externally.
• Is elected by National Assembly for a term of 5 years
• Has obligation and power to promulgate the Constitution, laws and
decrees.

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V. President
• In the executive field
- Proposes to the National Assembly to
elect, release from the duty, and
remove from office the Prime Minister.
- On the basis of resolutions of the
National Assembly or its Standing
committee, the President has the right
to appoint, release from duty, or dismiss
the Deputy Prime Ministers, ministers,
and other members of the Government.
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 V. President
• In the judicial field
- Proposes to the National Assembly to elect, release from duty, and
remove from office the President of the Supreme People’s Court
and the head of the Supreme People’s Prosecution.
- Appoints, release from duty, or dismiss Vice –President, Judges of
the Supreme people’s Court, the Deputy head and the member of
Supreme people’s Prosecution, without resolutions of the National
Assembly or its Standing Committee.
- Is entitled to attend sessions of the Standing Committee of the
National Assembly,
- Can attend meetings of the Government whenever he deems
necessary. 40
 VI. Government
• Is the executive organ of the
National Assembly.
• Is composed of
-The Prime Minister
-The Deputy Primer Ministers
- The Cabinet Ministers, and other
members
• The Primer Minister is selected and
released by the National Assembly.

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 VI. Government
• Executes three basic functions
- The making of Laws
- The administration of Laws
- The enforcement of Law
• The Government present draft
laws, decree-laws, and other
projects to the National Assembly
and its Standing Committee.

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 VI. Government
• The Government promulgates decrees, the
Prime Minister issues Decisions, and
Minister issues circulars to manage all fields
of society.
• Carries out overall management of the
work for the fulfilment of the political,
economic, cultural, social, national-defence,
security and external duties of the State.
• Carries to the function of the enforcement
of Laws

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VI. Government
• Ensures the implementation of
the Constitution and the law in
State organs, economic bodies,
social organisations, units of the
armed forces and among the
citizens.
• Organises and direct
informational and educational
work among the people
concerning the Constitution and
the Law.
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VII.People’s Council and People’s Committee
• People’s Council
- is the local organ of State Power.
- represents the will, aspirations, and authority
of the people.
- is elected by the local population and is
accountable to them and to the superior State
organs.
- is the centre for guiding and operating
decisions of higher State organs
- Is the centre of co-ordinate activities of all local
organs.
- Encourages local citizens to join in State
organisation.
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VII. People’s Council and People’s Committee
•People’s Committee
- Is a local executive body
- Is elected by the People’s
Council.
- Has responsibility to implement
the Constitution, the law, the
formal written orders of
superior State organs, and the
Resolution of People’s Council.
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 VII. People’s Court and People’s Procuracy
• Courts are a part of State machinery.
• There exist
- The Supreme People’s Court
- The Local People’s Court
- The Military Courts
- Other courts regulate by the Law.
These courts are uniquely vested with the
judging function in criminal, civil,
administrative cases, and other cases
stipulated by the law. (Graph: Structure
of the State)
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 VII. People’s Court and People’s Procuracy
• The Courts represent the State in
addressing legal violations, maintaining
justice, ensuring the State’s interest, and
ensuring organisations’ and individuals’
rights and legal interest.
• In the process of addressing cases,
several bodies participate, such as an
investigation body, the procuracy, and
the courts. Of those bodies, the courts
are the only ones with finally decide
cases.
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 VII. People’s Court and People’s Procuracy
• The Vietnamese courts have been
organised in a unified system.
• They are divided geographically into
allocated regional administrations. (such as
Provincial and District people’s courts)
( Graph: Court Hierarchy)
• The major function of courts is
adjudicative.
Courts, based on legal regulations
(normative legal documents) adjudicative
and give a decision for each particular case.
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 VII. People’s Court and People’s Procuracy
• In cases when there is not any law to
regulate the particular activity or
situation, courts will not be able to
adjudicate the case.
• The Criminal Code 1999 provides:
“Only those persons who have
committed crimes defined by the
Criminal code shall bear the criminal
liabilities therefore”.

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 VII. People’s Court and People’s Procuracy
• As for the civil field, judges normally have
to contend with difficulties in adjudication
when the case raises factor beyond the
bound of existing Law.
• In this instance, judges will be very careful
in handing down the decision.
• Lower courts can ask higher courts for
advise or use the annual report of
adjudication issued by the judges
committee of Supreme Court as guideline people's court
for decision making. 1. An unofficial court set up by a revolutionary or
vigilante group.
2. An official court in a communist country.

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VII. People’s Court and People’s Procuracy
• People’s Procuracy
- supervise the
implementation of the law in
the state organs, organisations
and citizens.
- Execute the right to initiate
public prosecution, and
ensures a serous and uniform
implementation of the law
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VII. People’s Court and People’s Procuracy
• The local People’s
procuracy supervise
and control obedience
to the law and exercise
the right to initiate
public procuracy within
the bounds or their
responsibilities as
prescribed by law.
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 VIII. Vietnamese legal system

• Based fundamentally on the

Soviet Union’s system of law,
in that law is State law.
• Law refers to a system of
regulation created by State
power to regulate all social
relations and guaranteed by
that power.
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VIII. Vietnamese legal system
• However, the Soviet legislators also mentioned that
there are two concepts which need to be
considered and distinguished: Legal system and
Legal document system.
- Legal system refers to a internal structure of Law
- Legal document system refers to the external
system of law ( normative legal document system)
Vietnam applies this theory in both its legal
structural system and normative legal system.
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 VIII. Legal structural system
• Is the whole of the legal norms
that are expressed in legal
documents and promulgated
by compulsory procedures and
jurisdiction.
• These legal forms have an
internal relation and form a
coherent whole, being
combined to constitute law
institutions and law branches
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Focus Questions
1. How was the Legal system of Vietnam formed?
2. Which organs have played important role in legislation?
3. What role has played the Communist Party in legislation?
4. How did socio-economic conditions affect legal system?
5. What was Renovation in Vietnam?
6. Explain the role of People’s Court and People’s Procuracy in
Vietnam
7. How did International cooperation influence the legal reform?

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 Quiz lesson 1
1. The current legal system of Vietnam is
a. Common Law
b. Civil law with modifications from Maxist-Leninist ideology
c. Feudal legal system
d. Civil law with modifications from French legal system
2. The legal system of the Socialist Republic of Vietnam has significantly
changed since
a. Introduction of WTO
b. International cooperation
c. Reunification in 1975
d. Introduction of Doimoi (renovation) in 1986
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3. The legal system of Vietnam was formed gradually
a.under the leadership of Communist Party and democratic centralism
principle.
b. under the principle of socialist legality and democratic decentralism
c. under the democratic centralism principle
4. Vietnamese law
a. complete the Party’s policies
b. cannot conflict with the Party’s policies
c. is deferent from the Party’s policies
5. With international cooperation, legal system in Vietnam
a. has some new features
b. is not different from the period of centrally planned economy
c. has completely changed
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6. The principle of the State of Vietnam is
a. Democratic decentralism
b Centralism and decentralism
c. Democratic centralism
7. The National Assembly of the Republic socialist of Vietnam
a. is the highest representative organ of people
b. is the highest representative organ of government
c. is the highest representative organ of nation
8. The President of the Republic Socialist of Vietnam
a. is elected by National Assembly for a term of 5 years
b. is elected by Government for a term of 5 years
c. is elected by regional governments.
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9. Three basic functions of Government are
a. administration of Laws, abolishment of Laws
b. enforcement of Laws, promulgation of Laws,
c. administration of Laws, enforcement of Laws
10. People’s Council
a. is the highest organ of State Power
b. is the local organ of State Power
c. is not a organ of State Power
11. People’s Committee
a. is a local executive body
b. is a local legislative body
c. is a central executive body
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