Legal System

The current legal system is similar to civil law jurisdictions in that its sources of law comprise only written legislation commonly referred to as legal instruments. These are laws and regulations enacted by state bodies which are binding on citizens and enforceable by the state. Court judgments are not officially considered a source of law as judges do not have the power to interpret the law and court judgments are not binding in subsequent cases.

The legal system is organized in a hierarchy in which higher-ranking legal instruments set out general rules and lower-ranking legal instruments provide the details. The Constitution stands at the top of this legal hierarchy and forms the foundation of the entire legal system. Under the Constitution are laws, ordinances, decrees, decisions, circulars and other subordinate legal documents dealing with different aspects of social life.

  • Constitution and laws are passed by the National Assembly and are the highest form of legal direction in Vietnam;
  • Ordinances and resolutions are issued by the Standing Committee of the National Assembly when the National Assembly is not in session;
  • Decrees are adopted by the Government on the implementation of laws and ordinances;
  • Decisions are issued by the Prime Minister on the implementation of regulations; and
  • Circulars and Joint Circulars are issued by ministries and provide guidance for implementation of decrees.
Related Chapters

Introduction to Vietnam

Culture and religion in Vietnam

Economy of Vietnam

The Government

Judiciary

Regulatory Framework

Banking & Finance

Capital Markets

Land & Housing

Labour Law

Taxes

Intellectual Property

Selected Sector Regulations

Dispute Resolution



Contact Us | Legal Notice | Site Map | © 2006 – 2017 Indochine Counsel. All Rights Reserved.