LEGAL SYSTEM IN VIETNAM

LEGISLATATIVE POWERTHE NATIONAL ASSEMBLY quốc hội Standing Committee of the National Assembly President Government Prime Minister thủ tướng chính phủ Minister or head of minist

I GENERAL VIEW ABOUT VIETNAMESE LEGAL

SYSTEM

1 The legislative power quyền lập pháp

2 The Judicial System hệ thống toà án

3 The People’s Prosecutor công , khởi tố

II VIETNAMESE LAW

1 Civil Law luật dân sự

GENERAL VIEW

 Belongs to the socialist legal system

 Some French influence also remains

 From the end of the 80-ies : has undergone important changes

 At the present time: the legislation pháp

luật; pháp chế in Vietnam is to cope with

international standards in order

Minister of Justice tư pháp

LEGISLATATIVE POWER

THE NATIONAL

ASSEMBLY quốc hội

Standing Committee of

the National Assembly

President

Government

Prime Minister thủ tướng

chính phủ

Minister or head of

ministry –level bodies

Constitution hiến pháp

, Law, Resolution nghị quyết

Ordinance sắc lệnh

, Resolution Order, Decision sự phán quyết (của toà án)

Resolution, decree sắc lệnh

Decision, Directive chỉ thị

Decision, Directive, Circular thông tư

, Joint chung Circular

Vietnam has a two-tier bậc court toà án system:

 The Courts of First Instances trường hợp

 The Courts of Appeal kháng án chông án

The Provincial People’s Court

Court system

The Supreme tối cao

Court

The District People’s Court

Civil Court

Criminal Court

Economic Court Economic Court Labor Court

Civil Court

Criminal Court

Economic Court Economic Court Labor Court

The Judicial System

 The chief Justice of the Supreme Court is elected by the National Assembly

 Other Justices of the Supreme Court are appointed and removable by the

President

 The Chief Justice of the Supreme Court appoints and removes judges of the

inferior court

The People’s Prosecutor

 The people’s Prosecutor has the mandate of

public prosecution and judicial supervision.

People’s

Prosecutor

The People’s Supreme Prosecutor

The Provincial People’s Prosecutor

The District People’s Prosecutor

People’s Prosecutor

Major codes of Vietnamese laws

 the Civil Code bộ luật

 the Civil Procedure Thủ tục pháp lý/nghị viện Code

 the Criminal Code

 the Criminal Procedure Code

 the Labour Code

 the Economic Code

Civil Law

 The civil-law documents formulated and promulgated công bố, ban hành in a small number

 In the civil-law documents, the regulation điều lệ method cách thức of the

administrative hành chính law was widely applied

 The regulation contents of the civil law

remained limited and one-sided

 Since 1986, Vietnam has embarked on the cause of comprehensive national renewal with many contents directly related to the civil law

 Until the promulgation of the first Civil

Code in 1995, the civil law in Vietnam saw big steps of development with numerous substantive changes

The criminal law

 People aged full 16 or older shall have to bear penal liability trách nhiệm pháp lý, nghĩa vụ pháp lý for all crimes they

commit

 All offenders người phạm tội

 are equal before the law, regardless of their sex, nationality, beliefs, religion,

social class and status

The tribunal panels at the first instance are

The principal penalties

 Warning

 Fine

 Non-custodial reform

 Expulsion

 Termed imprisonment

 Life imprisonment

 Death penalty

Conclusion

legislation work has been significantly improved

legislation work is still weak.

Court System.

code being suitable for the present time