Table of Contents

1. introduction......................................................................................................................................................................... 4
2. Law....................................................................................................................................................................................... 4
2.1 Definition of law.............................................................................................................................................................4
2.2 Purpose of law................................................................................................................................................................4
2.3 Main sources of law in Viet Nam....................................................................................................................................4
3.Role of government in making law........................................................................................................................................5
3.1 Role of Government.......................................................................................................................................................5
3.2 Sublaw............................................................................................................................................................................ 5
1. introduction
I am working as a legal expert at the international investment fund, Dragon Capital Fund. This year, our
company’s business plan is to invest in the UK and a new market, Vietnam as well. I was assigned to make
research of the legal system in these markets, with respect to: sources of law, the role of government and
parliament in making law and how the court applied the law in resolving the dispute.

2. Law
2.1 Definition of law
All around the world, each country has its own definitions, practices, and rules of law. For the UK, Law is defined
as a body of rules, created by the state, binding within its jurisdiction, and enforced with the authority of the
state through the use of sanctions (Adams, 2020).

2.2 Purpose of law

The purpose of law is to regulate the conduct of individuals and groups in a society and to protect their rights
and interests from harm. To be more specific, law could be used to provide a governmental structure and
legislative procedures, to provide public services and to raise taxes to pay for them, to regulate and promote
the economy, to promote public order and preserve national security, to give individual members personal
rights and duties in relation to others and to enable personal enforcement of these rights, and to give legal
validity to approved relationships and transactions between members of the society.

2.3 Main sources of law in Viet Nam

There are several ideas on the source of the law in legal research in Vietnam nowadays. 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
policy and legal system. However, it could be seen that there are two main sources of law is statutory law and
precedent (Council of ASEAN Chief Justices, 2022).

Statutory law: Written law is a set of rules of conduct recorded or prescribed in a certain written form
promulgated by a competent state agency in the correct order and authority at a specified time. Written law is
 written and written by the legislature (which is different from the regulations made by the
executive branch and also from the common law of the judiciary) (Nguyen,2022).

Precedent: In general, a precedent is an adjudicated case or decision of a court of justice which provides a rule
or authority for the determination of an identical or a similar case arising subsequently. The theory on which it is
possible for one decision to be an authority for another is either that the facts are alike or that, if the facts are
different, the principle that governed the first case is applicable to the variant facts (Nguyen,2022).

3.Role of government in making law

3.1 Role of Government
The Government of the Socialist Republic of Vietnam, also known as the Vietnamese Government or the
Government of Vietnam, is the executive branch and body of the State administration of Vietnam

As for the government, it may issue regulations in order to: implement and complete legislative provisions,
govern how public administrations are organized, and govern matters which, according to the Constitution, do
not have to be regulated by law. The government administers government policy, the legislative agenda, taxes,
how best to deliver public services and which services and activities funding should be allocated to. This could
include, for example, services and funding for health, education, police and courts.

However, in order for a law to be valid, it has to be passed through the National Assembly. The National
Assembly of the Socialist Republic of Vietnam is the national unicameral legislature of Vietnam. The Constitution
of Vietnam recognizes the assembly as "the highest organ of state power." The National Assembly, a 500-
delegate unicameral body elected to a five-year term, meets in the session twice a year (thuvienphapluat,2022.)
National Assembly represents the interests of the people and ensures those interests are taken into account by
the government. For example, Government is unable to pass laws or raise taxes without the agreement of it.
The National Assembly works on behalf of the people of Viet Nam to ensure: through questions and requests for
information that ministers are answerable for the actions taken by the department or agency under his/her
authority, government works and is run efficiently by reviewing new proposals and checking government
expenditure and the effect of new laws that decisions made are legal, fair and non-discriminatory and support
equality.

3.2 Sublaw
Sub-law documents are promulgated to specify a content prescribed by legal documents. Promulgated sub-law
documents may concretize and provide detailed provisions for legal documents, however, they must not be
contrary to the provisions of the constitution and legal documents.

Currently, sub-law documents include: Order, Resolution, Ordinances, Decrees, Decision, Circular
(thuvienphapluat,2022).

Example:
 JOINT CIRCULAR: provisions on cooperation between processing agencies in implementation of
some provisions of the criminal procedures code on returning documents for additional Investigating in
December, 22nd, 2017

Resolution No. 16/NQ-CP of the Government: about the cost of medical isolation, medical examination and
treatment and some specific regimes in the prevention and control of COVID-19 in February, 8th, 2021

Reference

https://cacj-ajp.org/vietnam/legal-system/legal-system-of-vietnam/sources-of-law/

https://www.researchgate.net/figure/The-trias-politica-of-the-doctrine-of-the-separation-of-
powers_fig1_283228387

https://vietnamlawmagazine.vn/development-of-precedents-in-the-context-of-judicial-reform-in-vietnam-
48968.html
 https://thuvienphapluat.vn/van-ban/Trach-nhiem-hinh-su/Thong-tu-lien-tich-02-2017-TTLT-
VKSNDTC-TANDTC-BCA-BQP-tra-ho-so-de-dieu-tra-bo-sung-373445.aspx

https://vanban.chinhphu.vn/?pageid=27160&docid=202649