VIETNAM Law and Practice Contributed by: Stephen Le Hoang Chuong, Le & Tran
1. General 1.1 General Characteristics of the Legal System Vietnam’s legal system is influenced by both French civil law and Soviet legal models due to its historical background. As a result, the Viet- namese legal system is based on civil law, and mainly established by statutes. In recent years, the legal system of Vietnam has developed case law, but the number of precedents is quite lim- ited and, currently, the total number is under 100 citable cases. The legal system follows an inquisitorial model, where judges play an active role in investigating cases and gathering evidence. In the last two decades, Vietnam has undertaken legal reforms to introduce elements of an adversarial system – particularly in commercial matters, as part of its efforts to align with international standards and modernise its legal practices. This evolving approach aims to balance the weight of written submissions and oral arguments within the legal process. While written submissions are integral to legal proceedings, oral arguments also hold signifi- cance, often taking place during hearings and trials. 1.2 Court System The courts form the judicial branch of the Social- ist Republic of Vietnam, exercising judicial pow- er. The courts are responsible for the protec- tion of justice, human rights, citizen rights, the socialist regime, the interests of the state, and the legitimate rights and interests of organisa- tions and individuals. The Vietnamese court system is comprised of the following four levels:
At the top of the hierarchy is the Supreme Court, which acts as the highest court of appeal and is responsible for: • reviewing legally effective judgments and decisions of courts which are appealed or protested against, under cessation or re- opening procedures; • supervising the adjudication of other courts, summarising adjudication practices of all courts, • ensuring the consistent application of the law in adjudication; and • providing training and continuing education for judges, assessors, and other court offi- cials. Subordinate to the Supreme Court, there are regional high courts (three high courts for the North, Centre, and South of Vietnam). Each high court handles appeals trials of cases in which first instance judgments or decisions of the pro- vincial and municipal courts within their territo- rial jurisdiction, which have not yet taken legal effect, are appealed or protested against. At the provincial and municipal levels, there are courts responsible for their respective regions. The organisational structure is divided into civil, commercial, labour, criminal, family and juve- nile, and administrative courts. These interme- diate courts hear both first instance cases and appeals from the district-level courts that have not become legally effective and are appealed or protested against. In addition, they also review legally effective judgments and decisions of the district-level courts, and request the Chief Jus- tice of the relevant high court or Chief Justice of the Supreme Court to reconsider such judg- ments if there are violations of the law or new facts.
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