Constitution of Vietnam
The Vietnamese Civil Code also known as the Law of Vietnam refers to the legal system in the Republic of Vietnam, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the Vietnamese legal codes is the Napoleonic Civil Code, which inspired the civil codes of Europe and later across the world. The Constitution of Vietnam adopted in 1958 is the supreme law in Vietnam.
In academic terms, Vietnamese law follows the French system which can be divided into two main categories: private law (Droit privé) and public law (droit public). This differs from the traditional common law concepts in which the main distinction is between criminal law and civil law.
General overview[]
Vietnamese Civil Code[]
The Vietnamese Civil Code is heavily influenced by the French Napoleonic Code coupled with presidential decrees and announcements. Legislation, statutes, ordinances, and regulations are the primary source of law in the country. Case law in Vietnam is secondary and primarily used as supporting evidence rather than legal basis for argument.
Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law secondary and subordinate to statutory law. Civil law is often paired with the inquisitorial system, but the terms are not synonymous. There are key differences between a statute and a code. The most pronounced features of civil systems are their legal codes, with concise and broadly applicable texts that typically avoid factually specific scenarios. The short articles in a civil law code deal in generalities and stand in contrast with ordinary statutes, which are often very long and very detailed.
Sources of Law[]
Legislative sources[]
Vietnamese legislative sources can be classified into five categories:
- Constitutional laws
- Presidential decrees
- Treaties
- National Assembly Acts
- Government regulations
National Assembly Acts and governmental regulations make up the bulk of the legislative sources of law therefore in common practice, while Constitutional laws take precedence, statutes and regulations are often cited first in legal briefs to establish a basis.
Constitutionality[]
Levels of law[]
National law[]
Provincial law[]
Local law[]
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