penelope (pip) nicholson and quan hien nguyen
Vietnamese Law: A Guide to Sources
and Commentary
Penelope (Pip) Nicholson and Quan Hien Nguyen *
Navigating the Bibliography
This bibliography aims to assist legal practitioners, students and researchers navigate the
diverse sources relevant to the Vietnamese legal system in the 21st century. Its focus is on
secondary sources and it does not include specific reference to Vietnamese laws. While
the secondary sources listed are predominantly in English, consistent with the readership
of this journal, guidance on how to access Vietnamese laws and Vietnamese secondary
sources has also been included.
This five-part bibliography includes a limited listing of bibliographies; secondary
sources on Vietnamese law published in Vietnam; secondary sources in English on
Vietnamese law across 18 legal categories; guidance on how to access laws and a listing
of law-focused internet sites, including those that canvas law reform issues. Each of
these categories is preceded by a short analysis of the material included. In particular,
the authors suggest material which will enable new researchers to navigate the field
quickly. With the exception of the ‘history section’, the emphasis in each category is on
contemporary writing. The sources have been identified during the course of the authors’
research and teaching on the Vietnamese legal system at the Asian Law Centre, University
of Melbourne, Australia.
Introducing Vietnam and its Legal System
The Vietnamese legal system has profoundly changed in the last 20 years. With the
introduction of doi moi (renovation) in 1986, the party-state officially launched its
commitment to substitute a socialist-oriented market economy for the planned economy
that had been introduced in the Democratic Republic of Vietnam in 1945 and to the south
of the country, upon unification, in 1976.1 Following the shift in economic policy, the party-
*
Pip Nicholson is associate director (Vietnam), Asian Law Centre, University of Melbourne. Quan Hien Nguyen
collaborated on this article while a doctoral student at the Asian Law Centre of the University of Melbourne. In
January 2007, he was appointed lecturer at the University of Swinburne, Australia. The University of Melbourne
offers the following subjects that deal with aspects of the Vietnamese legal system: Law and Economic Reform
in Asia; Commercial Law in Asia; Law and Society in Southeast Asia; and Law and Civil Society in Asia.
1
Commentators note that private economic activity, including limited involvement by the state, predates the
introduction of doi moi. See, eg, Fforde, A and de Vylder, S (1996) From Plan to Market: The Economic Transition
in Vietnam Westview Press and also Fforde, A and Paine, S (1987) The Limits of National Liberation: Problems of
Economic Management in the Democratic Republic of Vietnam Croom Helm.
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state, under the leadership of the Communist Party of Vietnam (CPV), also embarked on
an ambitious legal reform agenda. Initially, reforms largely introduced laws to enable
foreign investment and also to legalise domestic enterprise and exchange, for example
through private contract laws.2
In 1991, the CPV, at its Seventh Party Congress, adopted nha nuoc phap quyen (law-based
state). While this policy announcement should not be understood as a formal commitment
to the ‘rule of law’ in Vietnam,3 it heralded a repositioning of the role and authority of
law in the emerging socialist-oriented market. More particularly pre-1986, the CPV and
its members had not been bound by law. Adopting a Marxist-Leninist conception of law,
the CPV had led the masses, giving effect to the will of the working classes.4 While not
abandoned, law had been cast as a punitive instrument rather than a regulatory mechanism
in the Democratic Republic of Vietnam between 1945 and 1986, and this model was, at least
in theory, introduced to the Republic of Vietnam with the unification of the country in
1976.5 But following the CPV Congress of 1991, 1992-Constitutional amendments saw the
introduction of an amended Article 4 requiring not only the general public, but also partystate functionaries to be bound by law.
In the ensuing 20 years, the party-state has issued laws to construct a more transparent
legal framework. In addition, the CPV has issued policy papers debating the direction
of legal reform and committing the state to support technical and managerial reforms to
emerging legal institutions, such as the courts and National Assembly.
At the time of writing, Vietnam’s legal reforms continue unabated, the extent of their
efficacy and reach robustly debated. As this bibliography demonstrates, there is a rich
literature describing the very real ‘law-practice gap’ in Vietnam. Much of this literature
also debates the influences of Confucianism, socialist morality, local custom and low levels
of technical competence on the form and practice of Vietnamese law at the beginning of
this century.
See Gillespie, J (ed) (1997) Commercial Legal Development in Vietnam: Vietnam and Foreign Commentaries
Butterworths, for an example of the legal changes undertaken in the first ten years after doi moi.
Gillespie, J (2004) ‘Concepts of Law in Vietnam: Transforming Statist Socialism’ in Peerenboom, R (ed) Asian
Discourses on the Rule of Law Routledge 146.
4
For a more detailed discussion of socialist legality in Vietnam, see Gillespie, J (2005) ‘Changing Concepts of
Socialist Law in Vietnam’ in Gillespie, J and Nicholson, P (eds) Asian Socialism and Legal Change: The Dynamics of
Vietnamese and Chinese Reform Asia Pacific Press 45.
5
Sidel, M (1997) ‘Vietnam’ in Poh-Ling Tan (ed) Asian Legal Systems Butterworths 356.
2
3
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TABLE OF CONTENTS
Part I Bibliographies
Part II Legal Commentary Published in Vietnam
Part III Books and Articles
A Introducing Vietnamese Law Historically and in the Contemporary Period
Introductory Materials on the Contemporary Vietnamese Legal System
Political and Social History
History of the Vietnamese Legal System
B Public Law in Vietnam
Constitutional and Administrative Law and Legal Institutions
Criminal Law
Labour Law
C Private Law
Economics and Law
Commercial Law (including Foreign Investment Law and Intellectual
Property Law)
Civil Law
Land Law
Environmental Law
Dispute Resolution
Family Law
Gender Studies and Law
D International Law
Human Rights Issues
International Law (including WTO-Related Commentary)
E Law Reform
F Reference Works
Legal Dictionaries
Part IV Legislation
Internet Addresses for Legislation and Laws on CD Rom
Other Legal Databases
Part V General Internet Links
Country Profile
Vietnamese Government Institutions
Donors and International NGOs and Organisations — Vietnamese Law Reform
Human Rights
Discussion Lists
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Part I Bibliographies
The bibliographies included here deal with Vietnamese law and politics specifically, and
Vietnam generally. It is hoped that by including general reference bibliographies as well as
subject specific bibliographies, those new to Vietnam-related research will be able to move
rapidly to sources that enable them to situate their study and then to focus upon the legal
system and its particularities.
In addition to hard copy bibliographies, Asian Law Online <http://www.law.unimelb.
edu.au/alc/bibliography> has been included. Launched by the University of Melbourne’s
Asian Law Centre in 2002, Asian Law Online is a free, publicly available, searchable database
of Asian-law focused secondary materials, including Vietnam-related materials. It is a
collection of books, chapters in books and journal articles that discuss the role, practice
and place of law within Asian legal systems. It is regularly updated.
Chen, John HM (1973) Vietnam a Comprehensive Bibliography The Scarecrow Press Inc,
Metuchen, New Jersey
James, Barbara (1992) ‘Vietnamese Law in English: A Selected Annotated Bibliography’
(84) Law Library Journal 461
Jumper, Roy (ed) (1962) Bibliography on the Political and Administrative History of Vietnam
1802-1962 Michigan State University
Marr, David (1992) ‘Vietnam’ World Bibliographical Series Vol 147 Clio Press Ltd, Santa
Barbara
Nguyen Phuong Khanh (1977) Vietnamese Legal Materials 1954–1975 A Selected Annotated
Bibliography Library of Congress, Washington DC
Nicholson, Pip (2003) ‘Vietnamese Law: A Bibliography’ (22) Legal Reference Services
Quarterly 139
Phan Thien Chau (1975) Vietnamese Communism: A Research Bibliography Greenwood Press,
Westport
Asian Law Online <http://www.law.unimelb.edu.au/alc/bibliography>
Part II Legal Commentary Published in Vietnam
Since 1992, Vietnam has increasingly recognised a role for law, particularly private and
economic law, to enable the development of a socialist-oriented market economy. This
section introduces legal commentary published in Vietnam in both Vietnamese and
English.
Characteristically articles in Vietnamese journals are shorter than in many of their
international equivalents, whether they are written in Vietnamese or English. Hence most
articles range from three to seven pages in length. Articles are also generally sparsely
footnoted, often operating as opinion pieces.
Of those published in English (or at least partly in English), the three most useful journal
publications remain the Vietnam Law and Legal Forum (‘VLLF’), La Revue de Droit Vietnamien
and Law & Development (Phap Luat va Phat Trien). VLLF, established in September 1994, aims
to introduce and to provide English translations of the state’s legal documents; to inform
readers of events relating to the legislative process; to respond to questions on Vietnamese
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laws; and to act as a forum for proposals from those who are interested in the laws of
Vietnam. Commentaries on legislation in English by local lawyers and legal scholars are
also included. VLLF is available via a subscription. La revue de droit vietnamien is a bilingual
French-English publication circulated by the Vietnamese Lawyers’ Association. It has a
greater interest in law-related research topics, not necessarily confining itself to commercial
law. Finally, Law & Development (Phap Luat va Phat Trien), is a quarterly publication of the
Vietnam Lawyers’ Association, with articles written by local and international lawyers and
scholars in both English and Vietnamese.
For Vietnamese-reading researchers, there is a much greater range of journals from
which to choose. Of particular note is the Tap Chi Cong San Vietnam - Vietnam Communist
Party Journal. As the official party journal, this publication includes key reflective pieces on
legal change and policy debates. Tap Chi Nghien Cuu Lap Phap (Legislative Research Journal),
published by an office within the National Assembly, is also another highly informative
source of material on legal change and legal debate within Vietnam. Other journals
are more focused. For example, the People’s Court Journal (Tap Chi Toa An Nhan Dan) is
pitched at court staff to inform them of their tasks and responsibilities and often highlights
particular judgments.
Phap Luat va Phat Trien — Law & Development Journal (2005) Vietnam Lawyers’ Association
Tap Chi Cong San Vietnam — Vietnam Communist Journal (5 August 1930) Communist Party
of Vietnam
Tap Chi Doi Song Va Phap Luat — Life and Law Journal (October 1995) Organization of
Vietnamese Lawyers
Tap Chi Luat Hoc — Legal Studies Journal (1994) Hanoi University of Law
Tap Chi Nghien Cuu Lap Phap — Legislative Research Journal (November 1999) National
Assembly of Vietnam, available at: <http://www.nclp.org.vn/>
Tap Chi Phap Luat — Law Journal (10 July 1985) Institute of State and Laws Research,
Ministry of Justice
Tap Chi Toa An Nhan Dan — Court Journal (1990) People’s Supreme Court of Vietnam. The
first Supreme People’s Court Journal was called the Legal Journal of Indochina (in French),
between 1950 and 1954. After 1954, this publication was only issued for the southern
court system in Saigon. Subsequently, the courts’ in the Democratic Republic of Vietnam
published Tap San Tu Phap (Justice Journal) between 1961 and 1971. In 1972, the name
changed to Tap San Toa An Nhan dan (Journal of the People’s Court).
Thoi Bao Kinh Te Vietnam - Vietnam Economic Times Ministry of Finance, Hanoi
Vietnam Law and legal Forum (1994) Vietnam News Agency, Hanoi
Vietnamese Law Journal (La Revue de Droit Vietnamien) (1995) Maison du droit VietnamoFrançaise, Hanoi
Part III Books and Articles
The English-language scholarship on the contemporary Vietnamese legal system is
growing. Since 1986, publications debating legal change have grown exponentially with
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contributions from several scholars and practitioners consistently publishing in this area.6
Many other authors contribute detailed and focused analyses on particular aspects of
Vietnamese law, which will be introduced in the following sections.
The books and articles listed here have been included because they explore or debate
some aspect of the legal system. The material has been grouped across 18 subject headings
(see index above).
A Introducing Vietnamese Law Historically and in the Contemporary Period
Introductory Materials on the Contemporary Vietnamese Legal System
The items selected here all detail Vietnamese legal change in the contemporary period,
with brief mention of Vietnamese legal history. Sidel (1997) offers a clear and succinct
introduction to the legal system. Those scholars interested in Vietnamese law are
encouraged to commence their reading with this authoritative introductory piece. This
reading can be augmented and updated by the edited collections offered by Gillespie and
Nicholson (2005) and Balme and Sidel (2007). Gillespie and Nicholson cover the following
issues: the changing concepts of socialist law (Gillespie); the role of Confucianism in
modern legal thinking and practice (Pham Duy Nghia); legal education (Bui Thi Bich
Lien); jurisprudence and its relationship to court reform (Nicholson); the legal profession
(Nguyen Hung Quang and Steiner); state-owned enterprise law and market reform
(Fforde); public administration reform (Painter); domestic and international law (Bryant
and Jessup) and Catholicism and the law (Hansen).
The most recently published Balme and Sidel collection updates and extends these
contributions, so that most key institutions are analysed in the contemporary period if
both publications are read. In particular, see an analysis of the scope and limitations of
political change since doi moi (Solomon), an account of the interrelationship between law
and ethics (Koh), and law reform and public administration (Buhmann).
Balme, Stephanie and Sidel, Mark (eds) (2007) Vietnam’s New Order: International Perspectives
on the State and Reform in Vietnam Palgrave Macmillan
Gillespie, John and Nicholson, Pip (eds) (2005) Asian Socialism and Legal Change: The
Dynamics of Vietnamese and Chinese Reform Asia Pacific Press
Hoang Phuoc Hiep; Nguyen Minh Man; Hoang Thanh Tung; Bergling, Per; Bostrom, Viola;
and Persson, Erik (1995) An Introduction to the Vietnamese Legal System SIDA, Hanoi
Nguyen Phuong Khanh (1999) ‘Overview of the Legal System of the Socialist Republic of
Vietnam’ (Winter) International Journal of Legal Information 307
Sidel, Mark (1997) ‘Vietnam’ in Poh-Ling Tan (ed) Asian Legal Systems Butterworths,
Sydney, 356
In particular, Professor Pham Duy Nghia, who is based at the Vietnam National University, publishes
in English from an academic post within Vietnam. Regular academic commentators include: Professor John
Gillespie, Monash University, Australia; Professor Mark Sidel, University of Iowa, USA; and Dr Pip Nicholson,
the University of Melbourne, Australia. Legal practitioners who have published regularly on Vietnamese
law include Frederick Burke, William Magennis and Sesto Vecchi. Each of these three solicitors has lived and
worked in Vietnam for extended periods of time.
6
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Vecchi, Christina (1985) ‘The Legal System of Vietnam’ in Redden, Kenneth Robert (ed)
Modern Legal Systems Cyclopedia Vol 9 Buffalo, New York, 823
Vecchi, Christina and Phuong Khanh, Nguyen T (1987) ‘The Legal System of Vietnam’ in
Redden, Kenneth Robert (ed) Modern Legal Systems Cyclopedia Supplement 1, Buffalo,
New York 350.3
Political and Social History
It is essential to read the scholarly writings of David Marr, Alexander Woodside and Keith
Weller Taylor to gain an appreciation of Vietnamese political and social history. If adopting
a reverse chronology, the Vietnam enthusiast should first explore Marr’s work (1995 and
1981), then that of Woodside (1971) and then finally take up Taylor (1983). Furthermore, it
is possible to classify the literature below into several categories, namely:
1) Official Vietnamese histories. These are published by the party-state sanctioned
press, which in English is very often the Foreign Languages Publishing House, or the
National Political Publishing House, both of which are based in Hanoi. They generally
either refer to the history of the Communist Party of Vietnam or some of its leading actors
(for example Ho Chi Minh). A particularly important text is the official Vietnamese history
written by Nguyen Khac Vien ((2004) Vietnam, A Long History, The Gioi Publishers, Hanoi).
In addition, recent party-state policy developments such as the annual publication of
materials relating to the five-yearly National Party Congress of the Communist Party of
Vietnam can be very useful in tracing policy changes and developments.
2) American scholarly monographs appearing during the Vietnam war (1945 to 1975)
and subsequently writing in considerable detail on politics and government. Particularly
good authors in this category include William Duiker, Bernard Fall, George Kahin
McTurnan and Alexander Woodside. Joseph Buttinger offers an excellent introduction to
Vietnamese political history up until the late 1960s.
3) Writings by those of the Vietnamese diaspora who chronicle the practices and policies
of the revolutionary administration during the war years and its aftermath. Some of these
publications are openly critical of the revolutionary administration, for example the work
of Nguyen Long. Others, such as Huyen Kim Khanh, Nguyen Van Canh and Earle Cooper,
offer scholarly reflections.
4) Recent work emanating from academics based throughout the world, with a very
significant contribution made in Australia. In particular, Benedict J Kerkvliet and Carlyle
A Thayer have consistently led scholarly projects and encouraged young researchers to
work on and publish on Vietnamese social and political change. Their work is represented
here, but further searches will reveal the depth of their writing and reflection on Vietnam.
Russell Heng’s analysis of media and party-state relationships exemplifies contemporary
scholarship at is best in its refusal to allow simplified characterisation of party and state
to be perpetuated.
This section does not include the extensive literature dealing with the Vietnamese
war(s), more particularly it does not refer to the War of Independence/Vietnam War
scholarship emanating from the USA.
Buttinger, Joseph (1968) Vietnam: A Political History Praeger Publishers Inc, New York
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Cadiere, Leopold (1958) (Mabbett, Ian (trans)) ‘Religious Beliefs and Practices of the
Vietnamese’ (XXXIII) Bulletin de la Societe des Etudes Indochinoises 1
Cao Van Bien (1985) ‘Nguyen Ai Quoc and the Nationals and Colonial Questions in the
International Communist Movement in the Early 1920s’ (4) Vietnam Social Sciences 28
Carter, Jay (1994) ‘A Subject Elite: The First Decade of the Constitutionalist Party on
Cochinchina’ (14) Viet Nam Forum 211
Commission for the Study of the Communist Party (1980) 50 Years of the Activities of the
Communist Party of Vietnam Foreign Languages Publishing House, Hanoi
Communist Party of Vietnam (1977) Fourth National Congress Documents Foreign Languages
Publishing House, Hanoi
Communist Party of Vietnam (1986) On the Eve of the Eighth Congress of the Communist Party
of Vietnam: Vietnam 1976–1986 Foreign Languages Publishing House, Hanoi
Communist Party of Vietnam (1991) To Understand the Seventh Party Congress of the
Communist Party of Vietnam Foreign Languages Publishing House, Hanoi
Communist Party of Vietnam (1992) One Year after the Seventh National Party Conference The
Gioi Foreign Publishers, Hanoi
Cook, Megan (1977) ‘The Constitutionalist Party in Cochinchina: The Years of Decline,
1930–1942’ Monash Papers on Southeast Asia Number 6 Centre of Southeast Asian Studies,
Clayton, Victoria
Do Xuan Sang (1974) An Outline of Institutions of the Democratic Republic of Vietnam Foreign
Languages Publishing House, Hanoi
Doan Van Toai (1981) ‘A Perspective on Vietnam’ (5/2) The Fletcher Forum 163
Duiker, William (1989) Historical Dictionary of Vietnam The Scarecrow Press Inc, Metuchen,
New Jersey
Duiker, William (2000) Ho Chi Minh Hyperion, New York
Duncanson, Dennis (1968) Government and Revolution in Vietnam Oxford University Press,
London
Duncanson, Dennis (1982) ‘The Scramble to Unscramble French Indochina’ (13/2) Asian
Affairs 161
Duong Kinh Quoc (1982) ‘The Power Structure of French Colonialism in Vietnam before
the August Revolution’ (3-4) Nghien Cuu Lich Su 37
Editors (1985) ‘The Period of Transition to Socialism: Theory and Practice’ (2) Vietnam Social
Sciences 92
Elliott, Duong Van Mai (1999) The Sacred Willow: Four Generations in the Life of a Vietnamese
Family Oxford University Press, New York
Fall, Bernard B (1954) The Viet Minh Regime: Government and Administration in the Democratic
Republic of Vietnam Data Paper No 14 Southeast Asia Program, Cornell University,
Ithaca, New York
Fall, Bernard B (1956) The Viet Minh Regime Government and Administration in the Democratic
Republic of Vietnam Greenwood Press Publishers, Westport, Connecticut
Fall, Bernard B (1963) The Two Vietnams: A Political and Military Analysis Frederick A Praeger,
New York
Fall, Bernard B (1967) The Two Vietnams: A Political and Military Analysis Pall Mall Press,
London
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Forbes, Dean K; Hull, Terence H; Marr, David G; and Brogan, Brian (eds) (1991) Doi Moi
Vietnam’s Renovation Policy and Performance Political and Social Change Monograph,
ANU, Canberra
General Secretary of the Central Committee of the Party of Vietnam (1995) Vietnam New
Challenges and New Opportunities The Gioi, Hanoi
Ginsbergs, George (1962) ‘Local Government and Administration in North Vietnam, 1945–
1954’ (10) The China Quarterly 174
Ginsbergs, George (1962) ‘Local Government and Administration in the Democratic
Republic of Vietnam since 1945 (Part 1)’ (12) The China Quarterly 211
Ginsbergs, George (1963) ‘Local Government and Administration in the Democratic
Republic of Vietnam since 1945 (Part 2)’ (14) The China Quarterly 195
Ginsbergs, George (1979) ‘The Genesis of the People’s Procuracy in the Democratic Republic
of Vietnam’ (5) Review of Socialist Law 187
Haines, David (1984) ‘Reflections of Kinship and Society under Vietnam’s Le Dynasty’
(15/2) Journal of South East Asian Studies 307
Hammer, Ellen J (1947) The Emergence of Viet Nam International Secretariat Institute of
Pacific Relations, New York
Hardy, Andrew (2003) Red Hills: Migrants and the State in the Highlands of Vietnam University
of Hawaii Press, Honolulu
Heine-Geldern, Robert (1956) Conceptions of the State and Kinship in Southeast Asia Data
Paper No 18 Southeast Asia Program, Cornell University, Ithaca, New York
Heng, Russell Hiang-Khng (2001) ‘Media Negotiating the State: In the Name of the Law in
Anticipation’ (16/2) Journal of Social Issues in Southeast Asia 213
Hickey, Gerald Cannon (1958) Social Systems of Northern Vietnam PhD Thesis, Chicago,
Illinios
Ho Chi Minh (1960–62) Selected Works 4 vols Foreign Languages Publishing House, Hanoi
Ho Chi Minh ‘2 September 1945 Declaration of Independence of the Republic of Vietnam
in Hanoi’ in Blaustein, Albert; Sigler, Jay; and Beede, Benjamin (eds) (1977) Independence
Documents of the World Oceana Publications
Ho Chi Minh ‘Justice’ in Siba Brata Sinha (ed) (1969) Ho Chi Minh Vietnam Cardinal Press,
Calcutta
Ho Chi Minh Ho Chi Minh on Revolution Selected Writings 1920–1966 Fall, Bernard B (ed)
(1967) Frederick A Praeger Inc, New York
Honey, PJ (1962) North Vietnam Today Frederick A Praeger, New York
Hue-Tam Ho Tai (1984) ‘The Politics of Compromise: The Constitutionalist Party and the
Electoral Reforms of 1922 in French Cochinchina’ (18/3) Modern Asian Studies 371
Huyen Kim Khanh (1982) Vietnamese Communism 1925–1945 Cornell University Press,
Ithaca
Huynh Dinh Te (1988) ‘Interpersonal Relationships as Reflected in the Vietnamese
Language’ (1/1) Journal of Vietnamese Studies 44
Institute for the History of the Communist Party of Vietnam (1986) History of the Communist
Party of Vietnam Foreign Languages Publishing House, Hanoi
Jamieson, Neill (1993) Understanding Vietnam University of California Press, Berkeley
Kerkvliet, Benedict J Tria (1994) ‘Politics of Society in Vietnam in the Mid 1990s’ in Kerkvliet,
Benedict J Tria (ed) Dilemmas of Development: Vietnam Update 1994 Political and Social
Change Monograph No 22 ANU, Canberra
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Lacouture, Jean (1967) Ho Chi Minh, Penguin Books, Ringwood
Laniel, Joseph and Buu Loc (1977) ‘4 June 1954 Independence Treaty of Vietnam’ in
Blaustein, Albert; Sigler, Jay; and Beede, Benjamin (eds) Independence Documents of the
World Oceana Publications
Le Duc Anh (1995) ‘Half a Century of Struggle and Building of the Independent Vietnamese
State in the Ho Chi Minh Era’ (September) Vietnam Law & Legal Forum Hanoi
Lempert, David (2000) ‘Interpreting Vietnam: Ideology and “Newspeak”’ (24) Legal Studies
Forum 175
Lempert, David (2001) ‘Ethnic Communities and Legal Pluralism: The Politics of Legal
Argument in “Market-oriented” Communist Vietnam’ (25/3-4) The Legal Studies Forum
539
Lu Phuong (1995) ‘Civil Society: from Annulment to Restoration’ in Kerkvliet, Benedict
J Tria (ed) Dilemmas of Development: Vietnam Update 1994 Political and Social Change
Monograph No 22 ANU, Canberra
Marr, David (1981) Vietnamese Tradition on Trial, 1920–1945 University of California Press,
Berkeley
Marr, David (1995) ‘The Vietnam Communist Party and Civil Society’ in Kerkvliet, Benedict
J Tria (ed) Dilemmas of Development: Vietnam Update 1994 Political and Social Change
Monograph No 22 ANU, Canberra
Marr, David (1995) Vietnam 1945: The Quest for Power University of California Press,
Berkeley
McTurnan Kahin, George (ed) (1959) Governments and Politics of Southeast Asia Cornell
University Press, Ithaca, New York
Ngo Dinh Diem (1958) On Democracy Presidency of the Republic of Vietnam Press Office
Nguyen Hong Thao (2001) ‘Vietnam and the Code of Conduct for the South China Sea’
(32/2) Ocean Development and International Law 105
Nguyen Khac Vien (1978) The Long Resistance, 1858–1975 (2nd ed) Foreign Languages
Publishing House, Hanoi
Nguyen Khac Vien (2004) Vietnam: A Long History The Gioi Publishers, Hanoi
Nguyen Khanh (1964) Policy and Program of the Government of the Republic of Vietnam
as Announced by General Nguyen Khanh The Embassy of the Republic of Vietnam,
Washington DC
Nguyen Long (1981) After Saigon Fell: Daily Life under the Vietnamese Communists Kendall,
Harry H (ed) Institute of East Asian Studies, University of California, Berkeley
Nguyen Ngoc Minh (1985) ‘Building a New-type State in Vietnam’ (1) Vietnam Social
Sciences 51
Nguyen The Anh (1978) ‘Secret Societies: Some Reflections on the Court of Hue and the
Government of Cochinchina on the Eve of Tu-Duc’s Death’ (9) Asian Affairs 178
Nguyen The Anh (1985) ‘The Vietnamese Monarchy under French Colonial Rule, 1884–
1945’ (19) Modern Asian Studies 147
Nguyen Thi Dieu (1999) The Mekong River and the Struggle for Indochina: Water, War, and
Peace Praeger, New York
Nguyen Thi Dinh (1976) No Other Road To Take Data Paper No 102 Southeast Asia Program,
Department of Asian Studies, Cornell University Ithaca, New York
Nguyen Van Canh and Cooper, Earle (1983) Vietnam under Communism 1975–1982 Hoover
Institution Press, Stanford University, Stanford
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Nguyen Van Huyen (1995) The Ancient Civilization of Vietnam The Gioi Publishers, Hanoi
Nguyen Van Linh (1989) Answers by General Secretary of the Communist Party of Vietnam
Foreign Languages Publishing House, Hanoi
Ninh, Kim NB (2002) A Word Transformed: The Politics of Culture in Revolutionary Vietnam,
1945–1965 The University of Michigan Press, Ann Arbor
Porter, Gareth (1972) The Myth of the Bloodbath: North Vietnam’s Land Reform Reconsidered
Interim Report No 2 International Relations of the East Asia Project, Cornell University,
Ithaca, New York
Porter, Gareth (1993) Vietnam: The Politics of Bureaucratic Socialism, Cornell University Press,
Ithaca
Scigliano, Robert G (1960) ‘Political Parties in South Vietnam under the Republic’ (33)
Pacific Affairs 327
Smith, RB (1969) ‘Bui Quang Chieu and the Constitutionalist Party in French Cochinchina,
1917–1930’ (3/2) Modern Asian Studies 131
Smith, RB (1978) ‘The Work of the Provisional Government of Vietnam, August to December
1945’ (12/4) Modern Asian Studies 571
Stauch, Thomas R (1994) ‘The United States and Vietnam: Overcoming the Past and
Investing in the Future’ (Winter) The International Lawyer 995
Steinberg, David (ed) (1987) In Search of Southeast Asia University of Hawaii Press,
Honolulu
Sully, Francois (ed) (1971) We the Vietnamese: Voices from Vietnam Praeger Publishers, New
York
Taylor, KW (1983) The Birth of Vietnam University of California Press, Berkeley, California
Templer, Robert (1999) Shadows and Wind: A View of Modern Vietnam Abacus (Little, Brown),
London
Thayer, Carlyle (1991) ‘Political Developments in Vietnam: From the Sixth to the Seventh
Party Congress’ Regime Change and Regime Maintenance in Asia and the Pacific Discussion
Paper No 5, Political and Social Change, RsPacS, ANU, Canberra
Thompson, Virginia and Asloff, Richard (1947)‘The Cultural Institutions of Indochina
Today’ (VI/4) The Far Eastern Quarterly 414
Tran Duc Thao (1947) ‘Vietnam and Eastern Asia’ (VI) The Far Eastern Quarterly Review of
Eastern Asia and the Pacific Islands 409
Tran Quang Co (1994) ‘Rights and Values’ (4 August 1994) Far Eastern Economic Review 17
Tran Tu Binh (1986) The Red Earth Marr, David (ed) Monographs in International Studies
No 66, Ohio University Center for International Studies, Center for Southeast Asian
Studies
Truong Chinh (1963) March Ahead under the Party’s Banner and Strategic Guiding Principles of
Our Party Foreign Languages Publishing House, Hanoi
Truong Nhu Tang (1985) A Vietcong Memoir Chanoff, David and Doan Van Toai (eds)
Harcourt Brace Jonanovich, San Diego
Tucker, Spencer (1999) Vietnam University of Kentucky Press, Lexington
Unknown Author (1960) The Democratic Republic of Vietnam Foreign Languages Publishing
House, Hanoi
Unknown Author (1989) Vietnamese Intellectuals at a Historic Turning-point in the 20th Century
Foreign Languages Publishing House, Hanoi
Unknown Author (1992) Vietnam on the Threshold of the Open Door The Gioi, Hanoi
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Unknown Author (1996) The Eighth National Congress Documents The Gioi, Hanoi
Van de Walle, Dominique P and Gunewardena, Dileni (2001) ‘Sources of Ethnic Inequality
in Vietnam’ (65/1) Journal of Development Economics 177
Vasiljev, Ivo (1973) ‘Democratic Republic of Vietnam’ in Knapp, Viktor (ed) International
Encyclopedia of Comparative Law: National Reports Vol 1Oceana, Tubingen, Germany
Vo Van Kiet and Phan Van Khai (1995) Vietnam 1994–1995 The Gioi Publishers, Hanoi
Waddell, JRE (1972) Southeast Asian Politics John Wiley and Sons Australasia Pty Ltd, New
York
Weinstein, Franklin B (1966) Vietnam’s Unheld Elections: The Failure to Carry Out the 1956
Reunification Elections and the Effect on Hanoi’s Present Outlook Data Paper No 60 Southeast
Asia Program, Cornell University, Ithaca, New York
Whitmore, John K (1984) ‘Social Organisation and Confucian Thought in Vietnam’ (15/2)
Journal of Southeast Asian Studies 296
Woodside, Alexander (1984) ‘Medieval Vietnam and Cambodia: A Comparative Comment’
(15/2) Journal of Southeast Asian Studies 315
Woodside, Alexander Barton (1971) Vietnam and the Chinese Model Harvard University
Press, Cambridge, Massachusetts
Woodside, Alexander Barton (1976) Community and Revolution in Northern Vietnam
Houghton Mifflin Company, Boston
History of the Vietnamese Legal System
English-language histories of the Vietnamese legal system are rare. MB Hooker’s analyses
of legal development included in his studies of Southeast Asian legal systems (1975 and
1978) are essential reading. These scholarly works take the reader to primary sources to
elucidate the nature and roots of Vietnamese law. In addition, Hooker’s edited collection
of essays on Southeast Asian legal systems includes an excellent chapter by Nguyen Ngoc
Huy and Ta Van Tai (1986). Nguyen Ngoc Huy, Ta Van Tai and Tran Van Liem (1987) also
offer the most comprehensive analysis of the Le Code.
For those who are not familiar with socialist legal thinking in the Vietnamese context,
John Gillespie (2007, 2005 and 2004) offers excellent critiques of socialist law in Vietnam.
Sherry’s detailed analysis of law in the Republic of Vietnam is perhaps the most detailed
English language study of the law under this southern administration.
There is a significant French-language literature dealing with French colonial influence
on Vietnamese legal developments, some of which is included here. Milton Osborne (1969)
offers an excellent general introduction to the French influence on local legal systems in
Vietnam, Cambodia and Laos.
Association de Juristes de la République Socialiste du Vietnam and Union des Femmes
de la République Socialiste du Vietnam (1987) Bulletin de Droit–La nouvelle loi sur le
marriage et la famille Hanoi
Barruel, Maurice (1905) De la substitution progressive des tribunaux français aux tribunaux
indigènes en Indo-Chine Confolens Imprimerie et Librarie Edouard Dupont
Baugher, Peter Frederic (1980) The Contradictions of Colonialism: The French Experience in
Indochina 1860–1940 PhD thesis University of Wisconsin, Madison
230
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Ben-Asher, Dror (1999) ‘What’s the Connection? Vietnam, the Rule of Law, Human Rights
and Antitrust’ (Spring) Houston Journal of International Law 427
Blanchet, M (1950) La naissance de l’état associé du Viet-Nam Editions Mth Genin, Paris
Bui Xuan Dinh (2000) ‘Huong Uoc (Code of Village Regulations) and State Law’ (1/75)
Vietnam Social Sciences 39
Carlotti, Antoine-Louis (1903) De l’application faite en Cochinchine de principe de la séparation
des autorités administrative et judiciare Librairie Marescq, Paris
Dao Tri Uc (1995) ‘Introduction to the Study of Vietnam’s State History and Law’ (April)
Vietnam Law & Legal Forum Hanoi
Dureteste, Andre (1938) Cours de droit de l’Indochine Larose Editeurs, Paris
Fforde, Adam (1986) ‘The Unimplementability of Policy and the Notion of Law in
Vietnamese Communist Thought’ (1) Southeast Asia Journal of Social Sciences 63
Garros, Georges (1905) Les usages de Cochinchine recuillis et commentes Coudurier &
Montegout, Imprimeurs-Editeurs, Saigon
Gillespie, John (2004)‘Concepts of Law in Vietnam: Transforming Statist Socialism’ in
Peerenboom, Randall (ed) Asian Discourses on the Rule of Law Routledge, London 146
Gillespie, John (2005) ‘Changing Concepts of Socialist Law in Vietnam’ in Gillespie, John
and Nicholson, P (eds) Asian Socialism and Legal Change: The dynamics of Vietnamese and
Chinese Reform Asia Pacific Press 45
Gillespie, John (2007) Transplanting Commercial Law Reform: Developing a Rule of Law in
Vietnam, Ashgate, Aldershot
Ginsbergs, George (1973) ‘Soviet Sources on the Law of North Vietnam’ (13) Asian Survey
659 and 980
Glenn, Patrick H (1998) ‘The Grounding of Codification’ (Spring) UC Davis Law Review
765
Hargrave, Lee (1991) ‘Ruminations on the War of the SLR: A Footnote on Vietnamese Law’
(39/2) Louisiana Bar Journal 164
Hooker, MB (1975) Legal Pluralism: An Introduction to Colonial and Neo-colonial Laws
Clarendon Press, Oxford
Hooker, MB (1978) A Concise Legal History of South East Asia Clarendon Press, Oxford
Lebel, Guy (1932) Deux aspects de l’évolution du protectorat français en Annam-Tonkin Law
PhD thesis Editions Albert Mechelinck, Paris
Lingat, Robert (1952–55) Les régimes matrimoniaux du sud est l’Asie (2 vols) École Française
d’Extrême Orient, Hanoi
Long, Albert (1900) Contentieux des régies Indo-Chinoises, Imprimerie Menard & Legros,
Saigon
Ngo Ba Thanh (1985) ‘Year of the Solemn Anniversaries Marking Events of Epoch-Making
Significance’ (1) Vietnam Social Science 40
Ngo Ba Thanh (1988) ‘Law and the Global Ecological Strategy’ (1-2) Vietnam Social Sciences
7
Nguyen Lan Quoc (1989) ‘Traditional Vietnamese Law — The Le Code — and Modern
United States Law: A Comparative Analysis’ (13/1) Hastings International and Comparative
Law Review 141
Nguyen Ngoc Huy (1984) ‘The Ming Code in Vietnamese Legal History: Its Influence on
the Vietnamese Code and Other Legal Documents’ (19) Ming Studies 46
JCL 2:1
231
Vietnamese Law: A Guide to Sources and Commentary
Nguyen Ngoc Huy (1985) ‘Limits on State Power in Traditional China and Vietnam’ (6)
Viet Nam Forum 8
Nguyen Ngoc Huy and Ta Van Tai (1986) ‘The Vietnamese Texts’ in Hooker, MB (ed) Laws
of South-East Asia Vol 1 Butterworths, Singapore
Nguyen Ngoc Huy, Ta Van Tai and Tran Van Liem (1987) The Le Code Ohio University
Press
Nguyen Nhu Phat (1997) ‘The Role of Law during the Formation of a Market-driven
Mechanism in Vietnam’ in Gillespie, J (ed) Commercial Legal Development in Vietnam:
Vietnam and Foreign Commentaries Butterworths Asia, Singapore 397
Nicholson, Penelope (Pip) (2007) Borrowing Court Systems: The Experience of Socialist Vietnam
Martinus Nijhoff, Leiden
O’Neil, Frank G (1969) The Legal System of Vietnam The Vietnam Council on Foreign
Relations, Saigon
Ordonneau, Andre (1909) Étude sur l’organisation judiciare PhD thesis, Imprimerie Henri
Jouve, Paris
Osborne, Milton (1969) The French Presence in Cochinchina and Cambodia: Response 1869–1905
Cornell University Press, Ithaca
Pasquier, Pierre (1929) L’Annam d’autrefois. Essai sur la constitution de l’Annam avant
l’intervention française Société d’Éditions Geographiques, Maritime et Coloniales, Paris
Philastre, PLF (1967) Le Code Annamité: nouvelle traduction complete Ch’eng-wen, Taipei
Pompei, Paul (1951) Le droit familial et patrimonial au Viet-Nam Librarie du Recueil Sirey,
Paris
Prugh, George S (1975) Law at War Department of the Army, Washington DC
Publications du Department de la Justice (1962) Judiciary Organisation in Vietnam Republic
of Vietnam
Publications du Department de la Justice (1963) Les institutions judiciares du Vietnam
Republic of Vietnam
Queneuduc, JP; Tavernier, P; and Nguyen Duy Tan, J (eds) (1988) Actualités juridiques et
politiques en Asie. Études à la memoire de Tran Van Minh, Pedonne, Paris
Saw Shin, Mya (1974) The Legal System of the Republic of Vietnam Library of Congress Law
Library
Sherry, VJ (1973) The Evolution of the Legal System of the Republic of Vietnam PhD thesis
University of Southern Mississippi
Sidel, Mark (1994) ‘The Re-emergence of Legal Discourse in Vietnam’ (43) The International
and Comparative Law Quarterly 163
Sidel, Mark (1995) ‘Research Institutions in the SRVN Focusing on the Asia-Pacific Region’
Emerging Civil Society in the Asia Pacific Community JCIE, Tokyo
Sidel, Mark (1995) ‘The Emergence of a Nonprofit Sector and Philanthropy in the SRV’
Emerging Civil Society in the Asia Pacific Community JCIE, Tokyo
Sidel, Mark (1996) ‘New Directions in the Study of Vietnamese Law: Review of Vietnam
and the Rule of Law’ (17/3) Michigan Journal of International Law 705
Song Tranh (1995) ‘President Ho Chi Minh Laid the Foundation for a Law-governed State
in Vietnam’ (May) Vietnam Law & Legal Forum
Ta Van Tai (1982) ‘Vietnam’s Code of the Le Dynasty (1428–1788)’ (30) The American Journal
of Comparative Law Summer 523
232
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Tay, Alice EH (1995) ‘Vietnam’s Past, Present and Future: A Rich and Complex Legal
Culture’ in Committee for Postgraduate Studies in the Department of Law (ed) Vietnam:
An Emerging Giant in the Asia – Pacific Region (lectures) University of Sydney
Taylor, KW (1988) ‘The Le Code Law in Traditional Vietnam’ (12) Viet Nam Forum 60
Thayer, Carlyle and Marr, David (eds) (1993) Vietnam and the Rule of Law Political and Social
Change Monograph No 19 Australian National University, Canberra
Tran Anh Tuan (1973) Anti-Corruption and the Censorate: The Vietnamese Experience PhD
thesis Syracuse University
Vu Duy Men and Bui Xuan Dinh (1982) ‘Customal Book of Common Law of the Village’
(4) Nghien Cuu Lich Su 43
Vu Thi Phung (1991) ‘From the Study of the History of the Contemporary Vietnamese State
and Law to the Question of Contemporary Practice’ (5) Nghien Cuu Lich Su 49
Vu Van Mau (1963) ‘Le droit privé vietnamien moderne comparé avec les droits occidentaux’
in Quelques aspects techniques de la reception des droits occidentaux Association Nationale
de Droit Comparé, Saigon
Young, S (1976) ‘The Law of Property and Elite Prerogatives during Vietnam’s Le Dynasty,
1428–1788’ (10/1) Journal of Asian History 1
Young, S (1979) ‘The Legality of the Vietnamese Re-education Camps’ (20) Harvard
International Law Journal 519
B Public Law in Vietnam
An expanded definition of public law has been adopted here, with both criminal and
labour law being classified as public law.
Constitutional and Administrative Law and Legal Institutions
Lawrence Beer’s (1979) scholarship on constitutionalism in Asia is an excellent introduction
to the diversity of approaches to public law within Asia, including an excellent chapter on
Vietnam. Osakwe (1977) and Chin (1981) offer penetrating analyses of socialism and public
law. The comparative approach, a feature of both of these publications, is complemented
by Bernard Fall’s writing in the 1950s and 1960s on the emerging socialist state in the
Democratic Republic of Vietnam. Moving forward to the contemporary period, Vu Dinh
Hoe (1995) and Mark Sidel (2003) offer excellent insights into recent constitutional practices
and reforms.
Anh Dao (1986) ‘Constitution of the Socialist Republic of Vietnam’ (1) Vietnam Social Science
193
Baker & McKenzie (1992) ‘Vietnam Adopts a New Constitution’ (7/4) Pacific Basin Law
Journal 34
Beer, Lawrence Ward (1979) Constitutionalism in Asia University of California Press,
Berkeley
Bui Kim Chi (1996) ‘The Role of Law in Vietnam’ in Asia – Pacific Constitutional Year Book
1994 Centre for Comparative Constitutional Studies, Melbourne
JCL 2:1
233
Vietnamese Law: A Guide to Sources and Commentary
Constitution of Vietnam 1959 (Democratic Republic) in Penslee, Amos J (1966) Constitutions
of Nations Vol III Martinus Nijhoff, The Netherlands; also in Simons, William B (1980)
Constitutions of the Communist World Sijthoff and Noordhoff, The Netherlands
Corley, Francis J (1961) ‘Notes and Comment — The President in the Constitution of the
Republic of Vietnam’ (34) Pacific Affairs 165
Dang Duc Dam (1997) ‘Administrative Reform — Changes to Meet the Requirements of
the Market-oriented Economy’ in Gillespie, John (ed) Commercial Legal Development in
Vietnam: Vietnam and Foreign Commentaries Butterworths Asia, Singapore 477
Do Muoi (1995) ‘Building and Perfecting The State’ (February) Vietnam Law & Legal Forum
Doan Trong Truyen (1994) ‘Administrative Reform, Key issues for the Reform of the State
Apparatus’ (October) Vietnam Law & Legal Forum
Editors (1994) ‘Let’s Promote the Role of the Supreme State Organ of Power’ (October)
Vietnam Law & Legal Forum
Elster, John (1994) ‘The Impact of Constitutions on Economic Performance’ Annual Bank
Conference on Development Economics, Washington DC
Fall, Bernard B (1960) ‘Constitution-Writing in a Communist State: The New Constitutions
of North Vietnam’ (6) Howard Law Journal 157
Fall, Bernard B (1960) ‘Notes and Comment: North Vietnam’s Constitutions and
Government’ (33) Pacific Affairs 280
Fall, Bernard (1962) ‘Notes and Comment: The President in the Constitution of the Republic
of North Vietnam’ (34) Pacific Affairs 165
Frederick, Cynthia (1969) The South Vietnamese Constitution of April 1, 1967: The
Institutionalization of Politics in the Second Republic PhD thesis University of London
Grant, JA (1958) ‘The Viet Nam Constitution of 1956’ (52) The American Political Science
Review 437
Hazard, John (1982) ‘The Common Core of the Marxian Socialist Constitutions’ (19) San
Diego Law Review 297
Heng, Russell Hiang Khng (1992) ‘The 1992 Revised Constitution of Vietnam: Background
and Scope of Changes’ (4/3) Contemporary Southeast Asia 221
Kerkvliet, Benedict J Tria and Marr, David (eds) (2004) Beyond Hanoi: Local Government in
Vietnam ISEAS, Singapore
Kim, Chin (1981) ‘Recent Developments in the Constitutions of Asian Marxist-Socialist
States’ (13) Case Western Reserve Journal of International Law 483
Levian, Do (1930) ‘Vietnam’s Revised Constitution: Impact on Foreign Investment’ in
Thayer, Carlyle and Marr, David (eds) Vietnam and the Rule of Law Thayer, Political and
Social Change Monograph No 19 ANU
Makhnenko, A KH (1976) The State Law of the Socialist Countries Progress Publishers,
Moscow
Ngo Ba Thanh (1993) ‘The Constitution and the Rule of Law’ in Thayer, Carlyle and Marr,
David (eds) Vietnam and the Rule of Law Political and Social Change Monograph No 19
ANU 81
Ngo Duc Manh (1994) ‘Forty-Eight Years of Vietnam’s National Assembly’ (October)
Vietnam Law & Legal Forum
Nguyen Nien (1994) ‘The Vietnam Administrative System’ (October) Vietnam Law & Legal
Forum
234
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Nguyen Nien (1997) ‘Administrative Reform in Vietnam’ in Gillespie, John (ed) Commercial
Legal Development in Vietnam: Vietnam and Foreign Commentaries Butterworths Asia,
Singapore 431
Nguyen Phuong Khanh (1992) ‘Socialist Republic of Vietnam Chronology 1989–1992’ in
Blaustein, Albert P and Flanz, Gisbert H (eds) Constitutions of the Countries of the World
Oceana Publications Inc, Dobbs Ferry, New York
Nguyen Van Tam (1994) ‘On Building an Administrative Jurisdiction System in Vietnam’
(December) Vietnam Law & Legal Forum
Nicholson, Penelope (Pip) (1998) ‘Vietnam’ in Hassall, Graham and Saunders, Cheryl (eds)
Asia-Pacific Constitutional Yearbook 1996 University of Melbourne
Nicholson, Penelope (Pip) (1999) ‘Vietnamese Legal Institutions in Comparative Perspective:
Contemporary Constitutions and Courts Considered’ in Kanishka Jayasuriya (ed) Law,
Capitalism and Power in Asia Routledge, London
Nicholson, Penelope (Pip) (1999) ‘Vietnam’ in Hassall, Graham and Saunders, Cheryl (eds)
Asia-Pacific Constitutional Yearbook 1997 University of Melbourne
Nicholson, Penelope (Pip) and Phan Nguyen Toan (1997) ‘Vietnam’ in Hassall, Graham
and Saunders, Cheryl (eds) Asia-Pacific Constitutional Yearbook 1995 University of
Melbourne
Oda, Hiroshi (1987) ‘The Procuracy and the Regular Courts as Enforcers of the Constitutional
Rule of Law: The Experience of East Asian States’ (61/5) Tulane Law Review 1339
Osakwe, Christopher (1977) ‘The Common Law of Constitutions of the Communist-Party
States’ (3) Review of Socialist Law 155
Painter, M (2003) ‘Public Administration Reform in Vietnam: Problems and Prospects’
(23/3) Public Administration and Development 259
Pham Van Bach and Vu Dinh Hoe (1984) ‘The Three Successive Constitutions of Vietnam’
(1) International Review of Contemporary Law 105
Sidel, Mark (2002) ‘Analytical Models for Understanding Constitutions and Constitutional
Dialogue in Socialist Transitional States: Re-Interpreting Constitutional Dialogue in
Vietnam’ (6/1) Singapore Journal of International and Comparative Law 42
Simons, William (1980) The Constitutions of the Communist World Sijthoff & Noordhoff, The
Netherlands
Tran Son (1994) ‘The Necessity of Setting Up Administrative Court’ (December) Vietnam
Law & Legal Forum
Trinh Hong Duong (1994) ‘Organization and Functioning of the People’s Courts in Vietnam’
(December) Vietnam Law & Legal Forum
Triska, Jan F (ed) (1969) Constitutions of the Communist World Hoover Institution Publications,
Stanford
United States Military Assistance Command, Vietnam Office of the Judge Advocate (1967)
The Constitution of Vietnam: Analysis and Comparison Saigon
United States Mission in Vietnam (June 1971) The DRV Elects its Fourth National Assembly
Document No 95 (Part II) 1
United States Mission in Vietnam (February 1972) The Structure of Power in the DRV:
Constitutions and Party Statute Document No 103
United States Mission in Vietnam (October 1972) Bases of Power in the DRV Document No
107
JCL 2:1
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Vietnamese Law: A Guide to Sources and Commentary
Uong Chu Luu (1997) ‘Procedures for Reviewing Administrative Decisions: Administrative
Jurisdiction in Vietnam’ in Gillespie, John (ed) Commercial Legal Development in Vietnam:
Vietnam and Foreign Commentaries Butterworths Asia, Singapore 461
Van Tao (1981) ‘The Constitution of the Socialist Republic of Vietnam: A Historic Success of
the Right of Collective Ownership by the Working Classes’ (1) Nghien Cuu Lich Su 1
Vu Dinh Hoe (1995) ‘Les quatres constitutions du Vietnam’ (2) Vietnamese Law Journal 24
Vu Duc Khien (1995) ‘35 Years of the Vietnam People’s Procuracy’ (August) Vietnam Law
& Legal Forum
Vu Duc Khien (1994) ‘The People’s Inspectorate in the State Apparatus of the Socialist
Republic of Vietnam’ (November) Vietnam Law & Legal Forum
Ziskind, David (1984) ‘Labor Provisions in Asian Constitutions’ (6) Comparative Labor Law
Journal 117
Criminal Law
Although criminal law has a long history in Vietnam, very little English-language scholarhip
exists on criminal law in the contemporary period. The most comprehensive discussion of
criminal law in traditional Vietnam remains Nguyen Ngoc Huy, Ta Van Tai and Tran Van
Liem’s publication of the Le Code, together with commentary, in 1987. Sidel (1998) is very
much concerned with the role of the press and its reporting of criminal trials and includes
an excellent account of a murder trial ‘in practice’. Readers on modern criminal law must
rely on Vietnamese writings or seek English translations of Vietnamese articles and books.
In particular, it is important to monitor commentaries on the Criminal Code and Criminal
Procedure Code issued by the Ministry of Justice.
Nguyen Ngoc Huy, Ta Van Tai and Tran Van Liem (1987) The Le Code: Law in Traditional
Vietnam Ohio University Press
Nguyen Thi Khanh Phuong (1987) ‘The Criminal Code of the Socialist Republic of Vietnam’
(13/2) Review of Socialist Law 103
Quigley, John (1988) ‘Viet Nam’s First Modern Penal Code’ (9) New York Law School Journal
of International and Comparative Law 143
Quigley, John (1988) ‘Vietnam at the Legal Crossroads Adopts a Penal Code’ (36) The
American Journal of Comparative Law 351
Sidel, Mark (1998) ‘Law, the Press and Police Murder in Vietnam: The Vietnamese Press
and the Trial of Nguyen Tung Duong’ in Marr, David G (ed) Mass Media in Vietnam
Political and Social Change Monograph No 25 ANU, Canberra 97
Labour Law
Doi moi provoked significant change in the organisation and practices of labour in the
contemporary period. Chan and Norlund (1999), while also referring to labour law changes
in the Chinese context, is a sophisticated and detailed analysis of labour market changes,
unionism and labour market contracting practices. Phan (2001) up-dates this analysis
dealing with the most recent changes to the 2001 Vietnamese Labour Code. Hanson
(2003) offers an excellent analysis of trade unionism in Vietnam outlining the legislative
framework and analysing the union practices and party-state responses.
236
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Burke, Frederick (1995) ‘Vietnam’s New Labor Code’ (17/1) East Asian Executive Reports 9
Chan, Anita and Norlund, Irene (1999) ‘Vietnamese and Chinese Labor Regimes: On the
Road to Divergence’ in Chan, Anita; Kerkvliet, Benedict J Tria; and Unger, Jonathan
(eds) Transforming Asian Socialism: China and Vietnam Compared Allen & Unwin in
association with Research School of Pacific and Asian Studies, St Leonards, NSW 204
Curran, Michael R (1996–97) ‘On Common Ground: Using Cultural Bias Factors to
Deconstruct Asia-Pacific Labor Law’ (30) George Washington Journal of International Law
and Economics 349
Fahey, Stephanie (1995) ‘Changing Labor Relations’ in Kerkvliet, B (ed) Dilemmas of
Development: Vietnam Update 1994 Political and Social Change Monograph No 22,
Department of Political and Social Change, ANU, Canberra 45
Fahey, Stephanie (2000) ‘Globalising Vietnam: The Nation State in the Region’ in Vellinga,
M (ed) The Dialectics of Globalization: Regional Responses to World Economic Processes: Asia,
Europe and Latin America Perspectives Westview Press, Boulder, Colorado
Hanson, Eva (2003) ‘Authoritarian Governance and Labour: The VGCL and the Party-State
in Economic Renovation’ in Kerkvliet, Benedict J Tria; Heng, Russel HK; and Koh,
David WH (eds) Getting Organised in Vietnam ISEAS, Singapore 153
Le Thanh Nghiep (1997) ‘The Determinant Factors of Wage Incomes in the Public
Enterprises of Vietnam’ in Renovation of Financial and Currency Policy and Control of the
Inflation in Vietnam National Political Publishing House, Hanoi
Narai, Osamu (1997) ‘Wages and the International Competitiveness of Vietnam’ in
Renovation of Financial and Currency Policy and Control of the Inflation in Vietnam National
Political Publishing House, Hanoi
Nguyen Thi Anh (1997) ‘Labor Laws Relating to Foreign Enterprises in Vietnam’ (2/6)
Asian Commercial Law Review 215
Nicholson, Penelope (Pip) (2002) ‘Vietnam’s Labor Market: Transition and the Role of Law’
in Mitchell, Richard; Cooney, Sean; and Ying, Zhu (eds) Law and Labor Market Regulation
in East Asia Routledge 122
Norlund, Irene (1993) ‘The Creation of a Labor Market in Vietnam: Legal Framework
and Practices’ in Marr, David and Thayer, Carlyle A (eds) Vietnam and the Rule of Law
Department of Political and Social Change, ANU, Canberra
OECD (1996) Labor Market Aspects of State Enterprise Reform in Viet Nam Technical Paper No
117, Paris
Phan, Johnny (2001) ‘The Socialist Republic of Vietnam’s Labor Code: Looking Beyond the
Printed Papers’ (25) Hastings International & Comparative Law Review 63
Vecchi, Sesto E and Bonwick, Adrienne (1993) ‘Employer-Employee Agreements in
Vietnam: Establishing a Labor Relations Strategy’ (15/8) East Asian Executive Reports 8
Walsh, Paul B (1995) ‘Vietnamese Labor Law: Can Labor Peacefully Coexist with Foreign
Investment, Economic Development and Structural Reform?’ (8) Transnational Lawyer
125
Ying, Zhu and Fahey, Stephanie (1999) ‘The Impact of Economic Reform on Industrial
Labor Relations in China and Vietnam’ (11/2) Post-Communist Economies 173
JCL 2:1
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Vietnamese Law: A Guide to Sources and Commentary
C Private Law
Economics and Law
As mentioned above, Fforde and de Vylder’s From Plan To Market (1996) offers an insightful
account of the organisation of the command economy in Vietnam before doi moi and the
dynamics of the market that led to economic reform in the late 1980s. Beresford (1997)
offers a concise and clear explanation of economic policy change. Both publications will
assist the legal reader to understand better the complex economic context in which the
Vietnamese legal system is being constructed. Arkadie and Mallon (2003) bring the reader
up to date offering a detailed analysis of post-doi moi economic policy changes and their
impacts.
This economy-focused scholarship is complemented by the work of commentators
analysing the economy/law intersection, with commentary on the legal implications of
economic policy changes. This scholarship is local, for example Le Dang Doanh (1996), and
international, for example Denis Rondinelli and Jennie I Litvack (1999). Adam Fforde’s (2007)
most recent publication on the changes faced by Vietnamese state-owned enterprises since
the late 1960s is a further example of what might be categorised ‘economics literature’, yet
is highly illuminating for lawyers. In each case, scholars consider institutional challenges
and changes resulting from the introduction of doi moi.
This literature is not strictly about law but, given that Vietnam’s economy and legal
systems are currently in transition, the inclusion of this material is justified on the basis
that to cast Vietnamese law and legal institutions simply in legal terms is to miss the
magnitude and dynamism of the current changes. In addition, there are specific articles
included here which explore the development of new ‘economic-legal’ institutions. For
example, Vietnam’s young securities market is introduced by Vietnamese scholar, Nguyen
Thi Anh Van (2004).
Arkadie, Brian Van and Mallon, Raymond (2003) Vietnam: A Transition Tiger? Asia Pacific
Press, Canberra
Beresford, Melanie (1995) ‘Interpretation of the Vietnamese Economic Reforms 1979–1985’
in Fforde, Adam (ed) Researching the Vietnamese Economic Reforms 1979–1986: AustraliaVietnam Research Project Monograph Series No 1
Beresford, Melanie (1997) ‘Vietnam: The Transition from Central Planning’ in Rodan,
Garry; Hewison, Kevin and Robison, Richard (eds) The Political Economy of South-East
Asia Oxford University Press, Melbourne 179
Bothroyd, Peter and Pham Xuan Nam (2000) Socioeconomic Renovation in Vietnam: The
Origin, Evolution and Impact of Doi Moi Institute of Southeast Asian Studies, Singapore
Cai, Wenguo and Hart, Michael (1996) ‘Vietnam’s Accession to the World Trade
Organization’ (30/6) Journal of World Trade: Law, Economics and Public Policy 75
Dana, Leo Paul (1994) ‘A Marxist Mini-Dragon? Entrepreneurship in Today’s Vietnam’
(32/2) Journal of Small Business Management 95
Dinh D Viet (1997) ‘Financial Reform and Economic Development in Vietnam’ (28/3) Law
and Policy in International Business 857
Dollar, David; Glewwe, Paul; and Litvack, Jennie (eds) Household Welfare and Vietnams’
Transition World Bank Regional and Sectoral Studies, Washington
238
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Fforde, Adam (2007) Vietnamese State Industry and the Political Economy of Commercial
Renaissance: Dragon’s Tooth or Curate’s Egg? Chandos Publishing, Oxford
Fforde, Adam and de Vylder, Stefan (1996) From Plan to Market: The Economic Transition in
Vietnam Westview Press, Colorado
Fforde, Adam and Paine, Suzanne (1987) The Limits of National Liberation: Problems of
Economic Management in the Democratic Republic of Vietnam Croom Helm, London
Freeman, Nick J (2005) ‘Promoting Good Corporate Governance in Vietnam: A New
Element in the Economic Reform Agenda’ in Ho Khai Leong (ed) Reforming Corporate
Governance in Southeast Asia: Economics, Politics, and Regulations Institute of Southeast
Asian Studies, Singapore 334
Fry, Maxwell J (1997) ‘Macro-Governance, Foreign Direct Investment and Vietnam’s
Current Account Deficit’ Social Science Research Network Electronic Library, available at:
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=53900>
Frye, Davis (1996) ‘Vietnam’s Contemporary Battle with the United States: Vying for Most
Favored Nation Trading Status’ (29) Vanderbilt Journal of Transnational Law 777
Fukase, Emiko and Martin, Will (1999) ‘A Quantitative Evaluation of Vietnam’s Accession
to the ASEAN Free Trade Area’ Working Paper No 2220 Social Science Research Network
Electronic Library, available at: <http://papers.ssrn.com/sol3/papers.cfm?abstract_
id=216990>
Ghosh, Madanmohan and Whalley, John (2000) ‘State-owned Enterprises, Shirking and
Trade Liberalization’ Paper No W7696 Social Science Research Network Electronic Library,
available at: <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=228989>
Goodman, Allan E (1996) ‘Vietnam in 1995: It Was a Very Good Year’ (19/2) The Washington
Quarterly 137
Griffin, Keith (1998) ‘The Management of Structural Adjustment and Macroeconomic
reform in Vietnam’ (17/1) Human System Management 29
Kovsted, Jens; Rand, John; and Tarp, Finn (2005) From Monobank to Commercial Banking:
Financial Sector Reforms in Vietnam The University of Hawaii Press, Hawaii
Le Dang Doanh (1996) ‘Economic Reform in Vietnam: Legal and Social Aspects and
Impacts’ (6/2) Australian Journal of Corporate Law 289
Le Dang Doanh (1996) ‘Legal Consequences of State-Owned Enterprise Reform’ in Ng
Chee Yuen; Freeman, Nick J; and Huynh, Frank H (eds) State-Owned Enterprise Reform
in Vietnam: Lessons from Asia Institute of Southeast Asia Studies, Singapore (reprinted)
71
Litvack, Jennie I and Rondinelli, Dennis A (eds) (1999) Market Reform in Vietnam: Building
Institutions for Development Quorum Nooks, Westport, Connecticut
McMillan, John and Woodruff, Christopher M (1998) ‘Interfirm Relationships and Informal
Credit in Vietnam’ Social Science Research Network Electronic Library, available at: <http://
papers.ssrn.com/sol3/papers.cfm?abstract_id=87477>
McMillan, John and Woodruff, Christopher M (1998) ‘Networks, Trust and Search in
Vietnam’s Emerging Private Sector’ Social Science Research Network Electronic Library,
available at: <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=99028>
Mowry, David (1999) ‘Lifting the Embargo Against Cuba Using Vietnam as a Model: A
Policy Paper for Modernity’ (25) Brooklyn Journal of International Law 229
Ng Chee Yuen; Freeman, Nick and Huynh, Frank H (1996) State-owned Enterprise Reform in
Vietnam: Lessons from Asia Institute of Southeast Asia Studies, Singapore
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Vietnamese Law: A Guide to Sources and Commentary
Ngo Quang Xuan (1995) ‘Vietnam: Potential Market and New Opportunities’ (19/1)
Fordham International Law Journal 32
Nguyen Tan Dung (2005) ‘Renovation of State-Owned Enterprises — Results and Measures’
(9/133) Vietnam Economic Review 3
Nguyen Thi Anh Van (2004) Towards a Well Functioning Securities Market in Vietnam Nagoya
University Centre for Asian Legal Exchange, Nagoya
Nguyen Van Huy and Tran Van Nghia (1996) ‘Government Policies and State-Owned
Enterprise Reform’ in Ng Chee Yuen; Freeman, Nick J; and Huynh, Frank H (eds)
State-Owned Enterprise Reform in Vietnam: Lessons from Asia Institute of Southeast Asia
Studies, Singapore 58
Phong Tran (2003) ‘Vietnam’s Economic Liberalization and Outreach: Legal Reform’ (9)
Law and Business Review of the Americas 139
Polevoy, Pamela L (1998) ‘Privatization in Vietnam: The Next Step in Vietnam’s Economic
Transition from a Nonmarket to a Market Economy’ (23/2) Brooklyn Journal of International
Law 887
Rondinelli, Dennis A and Litvack, Jennie I (1999) ‘Economic Reform, Social Progress and
Institutional Development: A Framework for Assessing Vietnam’s Transition’ in Litvack,
Jennie I and Rondinelli, Dennis A (eds) Market Reform in Vietnam: Building Institutions
for Development Quorum Nooks, Westport, Connecticut
Shultz III, Clifford J (1994) ‘Balancing Policy, Consumer Desire and Corporate Interests:
Considerations for Market Entry’ (29/4) Columbia Journal of World Business 42
Tran Tien Cuong (1997) ‘Restructuring of State-owned Enterprises and the Relationship
between the State and the State-Owned Enterprises in Vietnam’ in Gillespie, John (ed)
Commercial Legal Development in Vietnam: Vietnam and Foreign Commentaries Butterworths
Asia, Singapore 365
Tran Van Hoa (2000) The Social Impact of the Asian Crisis Palgrave Publishers, London
Von Glinow, Mary Ann and Clarke, Linda (1995) ‘Vietnam: Tiger or Kitten?’ (9/4) The
Academy of Management Executive 35
Commercial Law (including Foreign Investment Law and Intellectual Property Law)
Reflecting the fact that a private market has only been formally allowed since 1986,
commentary on Vietnamese commercial law is new, but is also rapidly expanding. Broadly
speaking, this scholarship is divided along two lines: one which debates the form and
traction of commercial law reform having cast most of the reforms as legal transplants,
and one which describes commercial law in Vietnam, only some of which also takes up the
issue of the ‘law-practice gap’.
Pham Duy Nghia and John Gillespie offer detailed analytical accounts of legal
transplantation differing on several key issues. Nghia (2002) points to the ongoing influence
of Confucianism in Vietnam when debating the causes of the failure of transplants to take
root rapidly in Vietnam (to take just one example, bankruptcy law). In contrast, John
Gillespie (2006 and 1999) places more emphasis on socialist ideology as an explanation for
the varied and inconsistent reception of commercial legal principles in Vietnam.
Both local and international scholars and practitioners (often writing together) contribute
analyses of new laws and their operation. For example, Bui Xuan Hai and Gordon Walker
(2005) analyse challenges to company law in the current transitional climate. Other excellent
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examples of co-authored articles introducing features of commercial law include Frederick
Burke and his co-authors’ discussion of taxation issues (Burke 1997, 1998, 2001).
Many commercial topics are covered here and those interested in commercial law in
Vietnam need to identify their particular subject and select from the collection.
Blakeney, Michael (1997) ‘The Legal Regulation of Technology Transfers to Vietnam’ (3/1)
International Trade Law and Regulation 14
Booth, Charles (2004) ‘Drafting Bankruptcy Law in Socialist Market Economies: Recent
Development in China and Vietnam’ (18) Columbia Journal of Asian Law 93
Brown IV, Norman (2002) ‘The Long Road to Reform: An Analysis of Foreign Investment
Reform in Vietnam’ (25) Boston College International & Comparative Law Review 97
Bryant, Tannetje Lien (1997) ‘Existing Planning and Building Controls in Vietnam’ (5/2)
Asia Pacific Law Review 76
Bryant, Tannetje Lien (1997) ‘The Proposed National Construction Law for Vietnam’ (7/1)
Asia Pacific Law Review 95
Bui Xuan Hai (2006) ‘Vietnamese Company Law: The Development and Corporate
Government Issues’ (18/1) Bond Law Review 22
Bui Xuan Hai and Walker, Gordon (2005) ‘Transitional Adjustment Problems in
Contemporary Vietnamese Company Law’ Journal of International Business Law Review
567
Burke, Frederick (1992) ‘Opening Representative Offices in the New Vietnamese Market’
(14/3) East Asian Executive Reports 8
Burke, Frederick (1997) ‘Overview of Tax Developments 1996/97: Watershed Changes in
Vietnamese Tax Legislation’ (10/15) East Asian Executive Reports 9
Burke, Frederick (1999) Guide to Banking and Finance Law in Vietnam Asia Information
Associates Limited, Hong Kong
Burke, Frederick and Lockwood, Mark (14/2) ‘Tax Treatment of Consultant Fees for
Technical Assistance in Vietnam’ (14/2) Tax Notes International 145
Burke, Frederick and Nguyen Lan Phuong (2001) ‘Vietnam Revises Tax Strategy for Oil
and Gas Industry’ (23/6) Tax Notes International 685
Burke, Frederick and Treutler, Thomas (1998) ‘Vietnam Gets Ready for New VAT and
Enterprises Income Tax Laws’ (16/17) Tax Notes International 1323
Burke, Frederick and Treutler, Thomas (1998) ‘Vietnam Overhauls Natural Resources Tax
Regime’ (17/4) Tax Notes International 216
Cohen, Jerome; Ta Van Tai; and Nguyen Ngoc Bich (1990) Investment Law and Practice
Vietnam Longman, Hong Kong
Connor, F Gale (1994) ‘Vietnam: Trading with the Enemy or Investing in the Future’ (25/2)
Law and Policy in International Business 481
Cooper, Cameron (1998) ‘Vietnam Woos Back Investors’ (6/5) International Business Asia 3
Dang The Duc (2000) ‘Overhaul of Intellectual Property System in Vietnam’ (100) Copyright
World 22
Dick, John and Skinner, Stephen (1997) ‘Financing of Investment Projects in Vietnam’
in Gillespie, John (ed) Commercial Legal Development in Vietnam: Vietnam and Foreign
Commentaries Butterworths Asia, Singapore 49
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Vietnamese Law: A Guide to Sources and Commentary
Dinh Van An (1997) ‘Completion of the Law on Foreign Investment in Vietnam’ in Gillespie,
John (ed) Commercial Legal Development in Vietnam: Vietnam and Foreign Commentaries
Butterworths Asia, Singapore 3
Donovan, Jason (1998) ‘Vietnam: Commercial Law — Legislation’ (14/1) Journal of
International Banking Law 8
Donovan, Jason (2000) ‘Encouraging Signs for Secured Transactions in Vietnam’ (15/12)
Journal of International Banking Law 291
Dry, Ellen Kerrigan and Vecchi, Sesto E (2000) ‘Bringing a BOT Project to Closure in
Vietnam: Problems and Prospects’ (16 June 2000) Mondaq Business Briefing
Duong, Wendy N (2004) ‘Partnerships with Monarchs: Case One — Partnerships with
Monarchs in the Search for Oil: Unveiling and Re-examining the Patterns of “Third
World” Economic Development in the Petroleum Sector’ (25) University of Pennsylvania
Journal of International Economic Law 1171
Farrell, Barbara R; Downing, James R; and Healy, Patricia (1997) ‘Doing Business in
Vietnam’ (67/4) The CPA Journal 36
Finch, James S and Vecchi, Sesto E (1995) ‘BOT Contracts in Vietnam: Regulations and
Guidance’ (17/3) East Asian Executive Reports 6
Fitzpatrick, Daniel and Wyvill, Alistair (1996) ‘Business Bankruptcy Law Reform in
Vietnam’ (5/1) Asia Pacific Law Review 37
Foster, Tony and Fraser, Mark (1996) ‘Build-Operate-Transfer and Project Finance’ in Golin,
Jonathan (ed) Capital Flows along the Mekong: The Complete Guide to Investing in Cambodia,
Laos, Myanmar and Vietnam Euromoney Publications, Jersey
Genovese, Mathilde L (1995) ‘Succeeding in Vietnam’s Emerging Market Economy’ (17/5
and 17/6) East Asian Executive Reports 7 and 6, respectively
Genovese, Mathilde L (1996) ‘What Every Investor Needs to Know about Doing Business
in Vietnam: Practical Guidelines and Tips’ (8) East Asian Executive Reports 9
Gillespie John (1990) ‘Foreign Law in SR Vietnam Revisited’ (18) International Business
Lawyer 416
Gillespie, John (1993) ‘Australian Legal Assistance to Vietnam: How to Cook the Small
Fish?’ (20) International Law News 7
Gillespie, John (1994) ‘Private Commercial Rights in Vietnam: A Comparative Analysis’
(30/2) Stanford Journal of International Law 325
Gillespie, John (ed) (1997) Commercial Legal Development in Vietnam: Vietnam and Foreign
Commentaries Butterworths Asia, Singapore
Gillespie, John (1997) ‘Bureaucratic Control of Business Regulation in Vietnam’ in Taylor,
Veronica (ed) Asian Laws through Australian Eyes LBC Information Services, Sydney
367
Gillespie, John (1999) ‘Law and Development “in the Market Place”’ in Kanishka Jayasuriya
(ed) Law Capitalism and Power in Asia Routledge, London 118
Gillespie, John (2001) ‘Self Interest and Ideology: Evaluating Different Explanations for
Bureaucratic Corruption in Vietnam’ (3/1) Australian Journal of Asian Law 1
Golin, Jonathan (ed) (1996) Capital Flows along the Mekong: The Complete Guide to Investing in
Cambodia, Laos, Myanmar and Vietnam Euromoney Publications, Jersey
Hagan, Michael J; Polkinghorne, Michael A; and Weller, David L (1995) ‘Technology
Transfer and Licensing: Ensuring Maximum Protection under Vietnam’s Current Laws’
(17/7) East Asian Executive Reports 7
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Hayward, Stephen (1995) ‘Vietnamese Copyright Law’ (6/3) Entertainment Law Review 114
Hayward, Stephen (1997) ‘Technology Transfer in Vietnam: The New Provisions under the
Civil Code’ (8/1) International Company and Commercial Law Review 25
Hiep D Truong (1999) ‘Encouraging Foreign Direct Investment in Vietnam: Economic
Reform, Protection against Expropriation, and International Arbitration’ (Spring)
Journal of Transnational Law and Policy 347
Hill, Hal (2000) ‘Export Success against the Odds: A Vietnam Case Study’ (28/2) World
Development 283
Hilton, Andrew (1999) ‘Vietnam Joint Ventures’ (11/4) International Quarterly 678
Kovacic, William (1999) ‘Capitalism, Socialism, and Competition Policy in Vietnam’ (13)
Antitrust 57
Lan Cao (2001) ‘Reflections on Market Reform in Post-war, Post-embargo Vietnam’ (22/4)
Whittier Law Review 1029
Lange, David (1995) ‘Vietnam’s 1994 Ordinance on Copyright Protection: A Survey and
Preliminary Analysis’ (Fall) Journal of Intellectual Property Law 1
Le Hoang Oanh (2005) ‘New Points of Commercial Law of 2005 in Regard of Scope of
Coverage’ (2) Law & Development 21
Le Minh Toan and Walker, Gordon R (2006) ‘Securities Regulation in Vietnam’ International
Securities Regulation: Pacific Rim 50
Magennis, Bill (1997) ‘A Brief Overview of Vietnamese Taxation as It Affects Foreign
Investment in Vietnam’ in Gillespie, John (ed) Commercial Legal Development in Vietnam:
Vietnam and Foreign Commentaries Butterworths Asia, Singapore 77
Malinasky, Laura A (1996) ‘Rebuilding with Broken Tools: Build-Operate-Transfer Law in
Vietnam’ (14) Berkeley Journal of International Law 438
Matarazzi, Magali (1999) ‘Selecting a Corporate Form: Foreign Direct Investment in
Vietnam’s Oil and Gas Industry under the 1995 Land Law’ (19/2) Northwestern Journal
of International Law and Business 364
McCullough, Cameron (1997) ‘Land Law and Foreign Investment in the Reform Period’
in Gillespie, John (ed) Commercial Legal Development in Vietnam: Vietnam and Foreign
Commentaries Butterworths Asia, Singapore 121
McCullough, Cameron (1999) Foreign Direct Investment in Vietnam Sweet & Maxwell, Hong
Kong
Mcgrath, Luke Aloysius (1995) ‘Vietnam’s Struggle to Balance Sovereignty, Centralization,
and Foreign Investment under Doi Moi’ (May) Fordham International Law Journal 2095
Meier, Frank (1996) ‘Vietnam Enters New Stage of Tax Reform’ (13/2) Tax Notes International
939
Nass, Rachel L (2001) ‘Note: Trading Systems: Vietnam’s Creation of a New Intellectual
Property Regime at the Inception of the Vietnam-United States Bilateral Trade
Agreement’ (27) Brooklyn Journal of International Law 285
Neilson, William (1998) ‘Vietnam Facing a Dip in the Doi-Moi Road’ (42) The Journal of
International Studies 1
Ngo Camellia (1992) ‘Foreign Investment Promotion: Thailand as a Model for Vietnam’
(16) Hastings International and Comparative Law Review 67
Ngo Duc Manh (1997) ‘Building up a Legal Framework Aimed at Promoting and
Developing a Socialist-oriented Market-driven Economy in Vietnam’ in Gillespie,
JCL 2:1
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Vietnamese Law: A Guide to Sources and Commentary
John (ed) Commercial Legal Development in Vietnam: Vietnamese and Foreign Commentaries
Butterworths Asia, Singapore 279
Nguyen, Cindy (1999) ‘The Vietnamese Stock Market: Viability in Southeast Asia and
Appeal around the World’ (24/4) Loyola of Los Angeles International and Comparative Law
Journal 607
Nguyen Dinh Ai (1997) ‘The Demand for Further Completion of the Banking Legislation
for the Socialist-oriented Market Economy in the Course of Reform’ in Gillespie,
John (ed) Commercial Legal Development in Vietnam: Vietnam and Foreign Commentaries
Butterworths Asia, Singapore 35
Nguyen Dung and Donovan, Jason (2000) ‘Vietnam: Commerce – New Enterprise Law’
(11/1) International Company and Commercial Law Review 8
Nguyen, Ha Thanh and Meyer, Klaus E (2004) ‘Managing Partnership with State-Owned
Joint Venture Companies: Experiences from Vietnam’ (15/1) Business Strategy Review
39
Nguyen Lan Phuong (2001) ‘Vietnam Issues Several Key Tax Regulations’ (22.15/9) Tax
Notes International 1749
Nguyen Luu Than (1996) ‘To Slay a Paper Tiger: Closing the Loopholes in Vietnam’s New
Copyright Laws’ (March ) Hastings Law Journal 821
Nguyen Van Thang (2005) ‘Corporate Governance in Vietnam’s Equitized Companies’ in
Ho Khai Leong (ed) Reforming Corporate Governance in Southeast Asia: Economics, Politics,
and Regulations ISEAS, Singapore 352
Nguyen Van Uu (1994) ‘Foreign Investment in Vietnam through Business Cooperation
Contracts’ (28) The International Lawyer 133
Nowakoski, Edward J (1998) ‘Contracts and Negotiations in the Growing Economy of
Vietnam’ (21/1) Los Angeles Lawyer 19
Pham, Alice (2006) ‘The Development of Competition Law in Vietnam in the Face of
Economic Reforms and Global Integration’ (26) Northwestern Journal of International Law
and Business 547
Pham, Christopher Minh-Y (1992) ‘Regulation of Foreign Banking in Vietnam’ (33/1)
Harvard International Law Journal 305
Pham Duy Nghia (2001) Essentials of Vietnam’s Business Law The Gioi Publishers, Hanoi
Pham Duy Nghia (2002) Vietnamese Business Law in Transition The Gioi Publishers, Hanoi
Pham Nghiem Xuan Bac and Dang The Duc (2000) ‘The US – Vietnam Trade Agreement
and its Impact on Vietnam’s IP System Focus on Trademarks’ (131) Trademark World 25
Pham Van Thuyet (1999) ‘Vietnam’s Legal Framework for Foreign Investment’ (33/3) The
International Lawyer 765
Phan Nguyen Toan (1996) ‘Why Doesn’t the Rising Tide Lift the Boat? Internationalization
of the Insurance Market and the Insurance Regulatory Regime in Vietnam’ (7/3)
Insurance Law Journal 249
Phelan, Anne (1995) ‘Vietnam Restricts Foreign Lawyers’ (9) East Asian Executive Reports 4
Radding, Rory J and Than, HT (1995) ‘Legal Aspects of Conducting Business in Asia: Patent
Protection in Vietnam — A Business Decision’ (Spring) The Transnational Lawyer 87
Robinson, Irwin Jay (1996) ‘100 Practical Guidelines for Doing Business in Vietnam’ (24/9)
International Business Lawyer 422
Rohwer, Claude (1997) ‘Progress and Problems in Vietnam’s Development of Commercial
Law’ (5/2) Berkeley Journal of International Law 275
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Sarno, Graziella M (1996) ‘Vietnam or Bust: Why Trademark Pirates are Leaving China for
Better Opportunities in Vietnam’ (14/2) Dickinson Journal of International Law 291
Schot, Anne CMJ (1996) Legal Aspects of Foreign Investment in the Socialist Republic of Vietnam
Kluwer Law International, London
Schwarz, Adam (1995) ‘Laying Down the Law: Government Restricts Work of Foreign
Attorneys’ (158/45) Far Eastern Economic Review 34
Scown, Michael J (1995) ‘Vietnam’s Revised RRO Rules Reflect Tension with Foreign
Investors’ (6/8) Journal of International Taxation 375
Scown, Michael J (1997) ‘Foreign Investment Roller Coaster in Vietnam: Some Sharp Drops,
but Not off the Track’ (8/12) Journal of International Taxation 561
Scown, Michael J and Vo Ha Duyen (1996) ‘Vietnam’s Treaty Activity Shows Foreign
Investors’ Strong Interest’ (7/12) Journal of International Taxation 559
Siefkas, Julie (2002) ‘Copyright Privacy in Vietnam: The Impediments of Weak Enforcement
Policies on the Country’s Economic Reform’ (14) Florida Journal of International Law 475
Smith, Michael W (1999) ‘Property Laws to TRIPs Standards: Hurdles and Pitfalls Facing
Vietnam’s Efforts to Normalize an Intellectual Property Regime’ (31/1) Case Western
Reserve Journal of International Law 211
Stein, Stephen W (1995) ‘Construction Financing For BOT Projects in Vietnam’ (8) East
Asian Executive Reports 7
Taylor Jr, James (1994) ‘Vietnam: The Current Legal Environment for US Investors’ (25/2)
Law and Policy in International Business 469
Tran Van Hoa (ed) (2000) Prospects in Trade, Investment and Business in Vietnam and East Asia
MacMillan Press and St Martin’s Press, London and New York
Trang Vinh Duc (2001) ‘The Practice of Law and Foreign Investment in Vietnam’ (22/4)
Whittier Law Review 1067
Vecchi, Sesto E (1997) ‘Reform of Foreign Investment Procedures in Vietnam’ in Gillespie,
John (ed) Commercial Legal Development in Vietnam: Vietnam and Foreign Commentaries
Butterworths Asia, Singapore 13
Vecchi, Sesto E and Vo Ha Duyen (1998) ‘Liquidation of a Joint Venture in Vietnam: Issues
and Answers’ (2) East Asian Executive Reports 8
Vo Ha Duyen (2001) ‘Vietnam Develops Regulations for Branches of Foreign Companies’
(22/16) Tax Notes International 1889
Vo Ha Duyen (2001) ‘Vietnam Promoting Software Industry with Best Investment
Incentives Available’ (23/10) Tax Notes International 1138
Walsh, Richard (1998) ‘Pacific Rim Collateral Security Laws: What Happens When the
Project Goes Wrong?’ (4) Stanford Journal of Law, Business and Finance 115
Wilkey, Robert N (2002) ‘Vietnam’s Antitrust Legislation and Subscription to E-ASEAN:
An End to the Bamboo Firewall over Internet Regulation?’ (20) John Marshall Journal of
Computer & Information Law 631
Wohlgemuth, Arno (1992) ‘Export Processing Zones (Khu Che Xuat) in Vietnam’ (18/3)
Droit et Pratique du Commerce International 512
Wunker, Robert L (1994) ‘The Laws of Vietnam Affecting Foreign Investment’ (28) The
International Lawyer 363
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Vietnamese Law: A Guide to Sources and Commentary
Civil Law
The French literature on Vietnamese civil law is rich, reflecting the significant French
influence during the colonial period. A major publisher is the Maison du Droit VietnamienFrançaise, based at the Hanoi Law University. This French government-funded initiative is
active in facilitating legal cooperation between France and Vietnam. However, the English
literature on Vietnamese civil law is thin. As mentioned in the legal history section above, MB
Hooker’s publications on Vietnamese legal history (1975 and 1978) are important reading.
Each of these books spends not inconsiderable time analysing the development before and
during the colonial period of Vietnamese civil law. Ta Van Tai’s (1987) publication, also in
the legal history section, remains the most significant single study of traditional family and
civil law. Dinh Trung Tung (1997) provides a modern view of civil law.
Extensive Vietnamese-language commentary on civil law can be accessed through
local law journals and local newspapers with a law focus. A popular academic journal
is the monthly Tap Chi Luat Hoc (Legal Studies Journal), produced by Hanoi Law School,
which publishes research and commentaries by lawyers, judges, state officials and legal
scholars. The Vietnam Lawyers Association’s Phap Luat va Phat Trien (Law & Development),
mentioned above, also regularly publishes on civil law. The article by Duong Quoc Thanh
(2005), a judge on the People’s Court in Hanoi, usefully comments on civil counter-claims
and the court’s position when a party is absent in a civil trial absent. Each of these issues is
considered new and unresolved under the 2005 Civil Procedure Code
Burke, Frederick; Meier, Frank; and Hoang Kim Nguyen (1996) ‘Vietnam’s First Civil Code’
(5) East Asian Executive Reports 9
Dinh Trung Tung (1997) ‘The Civil Code in the Legal System of Vietnam’ in Gillespie,
John (ed) Commercial Legal Development in Vietnam: Vietnamese and Foreign Commentaries
Butterworths, Singapore
Duong Quoc Thanh (2005) ‘Some Viewpoints on the Wording of Some Provisions of the
2005 Civil Procedure Code’ (2 and 3) Law & Development Journal 25
Nguyen Ngoc Huy; Ta Van Tai; and Tran Van Liem (1987) The Le Code: Law in Traditional
Vietnam Ohio University Press, Ohio
Philastre, PLF (1967) Le Code Annamite Ch’eng-Wen, Taipei
Land Law
The land law-related literature can be classified in three ways: debates about the land
reform era (1953–56); descriptions and debates about the possibilities for the developing
land market; and analyses of agricultural policies and practices. Moise, Porter and White
have written at length about the land reform campaigns of the early 1950s providing
detailed scholarship that explains the political objectives of the policy. Gillespie (1995, 1998)
and Gainsborough (2002) offer several insightful accounts of land and land administration
in urban Vietnam in the contemporary period. Kerkvliet (2006), and with Sedden (1998),
offers highly detailed and analytical assessments of agricultural land policies. In his 2005
publication, Kerkvliet argues that villagers challenged central policy with respect to
collective farming, drawing on archival research and extensive fieldwork to trace changes
in collective farming from the 1950s through to the end of the 20th century.
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Gainsborough M (2002) ‘Understanding Communist Transition: Property Rights in Ho Chi
Minh City in the Late 1990s’ (14/2) Post-Communist Economies 227
Gillespie, John (1995) ‘The Role of the Bureaucracy in Managing Urban Land in Vietnam’
(November) Pacific Rim Law and Policy Journal
Gillespie, John (1998) ‘Land Law Subsystems: Urban Vietnam as a Case Study’ (June)
Pacific Rim Law and Policy Journal 555
Hiebert, Murray (1993) ‘Land of Hope: Vietnam Gives Farmers Greater Security of Tenure’
(56/30) Far Eastern Economic Review 52
Kerkvliet, Benedict J Tria (2005) The Power of Everyday Politics: How Vietnamese Peasants
Transformed National Policy ISEAS, Singapore
Kerkvliet, Benedict J Tria (2006) ‘Agricultural Land in Vietnam: Markets Tempered by
Family, Community and Socialist Practices’ (6/3) Journal of Agrarian Change 285
Kerkvliet, Benedict J Tria and Selden, Mark (1998) ‘Agrarian Transformations in China and
Vietnam’ (40) The China Journal 37
Moise, Edwin (1976) ‘Land Reform and Land Reform Errors in North Vietnam’ (49/1)
Pacific Affairs 70
Moise. Edwin (1983) Land Reform in China and North Vietnam University of North Carolina
Press, Chapel Hill
Nguyen Khai (1997) ‘Basic Contents of the Land Legislation in the Reform in Vietnam’
in Gillespie, John (ed) Commercial Legal Development in Vietnam: Vietnam and Foreign
Commentaries Butterworths Asia, Singapore 109
Porter, Gareth (1972) ‘The Myth of the Bloodbath: North Vietnam’s Land Reform
Reconsidered’ Interim Report No 2, International Relations of East Asia Project, Cornell
University, Ithaca, New York
Ravallion, Martin and van de Wallel, Dominique (2001) ‘Breaking up the Collective Farm:
Welfare Outcomes of Vietnam’s Massive Land Privatization’ Policy Research Working
Paper 2710 World Bank
Sikor, Thomas (2004) ‘Local Government in the Exercise of State Power: The Politics of
Land Allocation in Black Thai Villlages’ in Kerkvliet, Benedict J Tria and Marr, David
(eds) Beyond Hanoi: Local Government in Vietnam ISEAS, Singapore 167
Tran, Hong-Ash (1995) ‘An Assessment of the Vietnamese Land Law and Regulation’ (13/2)
Wisconsin International Law Journal 585
White, Christine (1986) ‘French Colonialism and the Peasant Question in Vietnam’ (7)
Vietnam Forum 127
Young, Stephen (1976) ‘The Law of Property and Elite Prerogatives during Vietnam’s Le
Dynasty 1428–1788’ (10/1) Journal of Asian History 1
Environmental Law
Vietnam is in the early stages of building a legal framework to regulate environmental
issues, and the scholarship dealing with this topic is correspondingly thin.
Boer, Ben (1995) ‘Recent Developments in Environmental Law in Vietnam’, paper for CLE
Vietnam: An Emerging Giant in the Asia-Pacific Region Sydney
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Bryant, Tannetje and Akers, Keith (1999) ‘Environmental Controls in Vietnam’ (29/1)
Environmental Law 133
Nguyen Quang Tuyen (2005) ‘The Similarities and Differences in Transferring and Leasing
Land Use Right in the Land Law of Vietnam and the People’s Republic of China’ (2 and
3) Law & Development Journal 40
Roodman, David Malin (1999) ‘Fighting Pollution in Vietnam’ (12/6) World Watch 28
Schmitt, Michael N (1997) ‘Green War: An Assessment of the Environmental Law of
International Armed Conflict’ (22) Yale Journal of International Law 1
Toohey, Lisa (2005) ‘Borders and Boundaries in International Law: Compensation for
Agent Orange Damage in Vietnam’ (13) Willamette Journal of International Law and
Dispute Resolution 287
Dispute Resolution
The dispute resolution literature in Vietnam is comparatively extensive when compared
with that on other legal areas, no doubt reflecting the Western pre-occupation with legal
institutions. The scholarship falls into three categories: arbitration; courts (together
with writing on court personnel including judges); and analyses of indigenous dispute
resolution mechanisms.
In recent years, the meagre literature on arbitration has rapidly expanded and includes
excellent writing by local authors (sometimes collaborating with international arbitration
experts). In this category, the works of Richard Garnett and Kien Cuong Nguyen (2006),
Quan Truc Quan (2005) and Michael Polkinghorne and Nguyen Ngoc Bich (2002) all offer
insightful and contemporary arbitration-focused scholarship.
Quinn (2003, 2002) and Nicholson (2007, 2005, 2002) have each written extensively on
the Vietnamese courts. Quinn offers highly detailed scholarship on contemporary courts,
while Nicholson focuses concurrently on courts and the party-state relationship over time.
McMillan and Woodruff (1997) offer empirically-based analyses of dispute resolution.
This is essential reading to ensure that the minimal role of legal institutions in dispute
resolution is understood. Nguyen (2006) enters this debate also, arguing that it is market
structures that preclude the use of formal institutions such as courts.
Cavet, Stuart (1996) ‘Choice of Law in Vietnam and the New Civil Code: Is Choice of Law
Available for Your Type of Contract?’ (9) East Asian Executive Reports 9
Donovan, Jason (1996) ‘Vietnam: Arbitration — Foreign Arbitration Awards’ (7/2)
International Company and Commercial Law Review 35
Editors (1995) ‘Activities of the Vietnam International Arbitration Center’ (June) Vietnam
Law & Legal Forum
Editors (1996) Tong Thuat Chung Ket Qua Chinh Nghien Cuu De Tai (Final Abstract about
Principal Research), unpublished work by the People’s Supreme Court, Hanoi
Finch, J and Fiske, Harold P (1995) ‘Vietnam’s Evolving Arbitration System’ (17/4) East
Asian Executive Reports 9
Garnett, Richard and Kien Cuong Nguyen (2006) ‘Enforcement of Arbitration Awards in
Vietnam’ (2) Asian International Arbitration Journal 137
Gillespie, John (1991) ‘Commercial Arbitration in Vietnam’ (8) Journal of International
Arbitration 25
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Ha Hung Cuong (1997) ‘Resolution of Economic Disputes in Vietnam and the Accession to
the 1958 New York Convention’ in Gillespie, John (ed) Commercial Legal Development in
Vietnam: Vietnam and Foreign Commentaries Butterworths Asia, Singapore 145
Howell, David (1992) ‘Disputes under Foreign Investment Law and Economic Arbitration’
(14/3) East Asian Executive Reports 9
Howell, David (1992) ‘Vietnam’s Courts and Legal Profession’ (14/3) East Asian Executive
Reports 19
Iwasaki, Kazuo (1997) ‘Arbitration of Foreign Investment Disputes in Vietnam’ in Gillespie,
John (ed) Commercial Legal Development in Vietnam: Vietnam and Foreign Commentaries
Butterworths Asia, Singapore 177
Justice Ministry of Vietnam (1957) Tap Luat Le Ve Tu Phap (Collection of Laws on Judiciary)
Ministry of Justice Publishing House, Hanoi
Le Cong Dinh (2000) ‘Arbitration in Vietnam’ (June) World Arbitration and Mediation
Report
McMillan, John and Woodruff, Christopher (1999) ‘Dispute Prevention without Courts in
Vietnam’ (15/3) Journal of Law, Economics and Organization 637
Nguyen, Quan (2006) Social Structures of Contracts: A Case Study of the Vietnamese Market
PhD dissertation University of Melbourne, Melbourne
Nguyen, Quan (forthcoming) ‘The Norms and Incentive Structures of Relational
Contracting in Vietnam — Two Surveys’ Australian Journal of Asian Law
Nguyen Thanh Thuy (1997) ‘Dispute Resolution and Enforcement of Economic Judgments
in Vietnam’ in Gillespie, John (ed) Commercial Legal Development in Vietnam: Vietnam and
Foreign Commentaries Butterworths Asia, Singapore 189
Nicholson, Pip (1996) ‘Arbitration: Changes and Challenges to the Vietnamese Court
System’ (15/1) The Arbitrator 45
Nicholson, Penelope (Pip) (2001) ‘Judicial Independence and the Rule of Law: The Vietnam
Court Experience’ (3/1) Australian Journal of Asian Law 37
Nicholson, Penelope (Pip) (2002) ‘Good Governance and Institutional Accountability: The
Role of the Vietnamese Courts?’ in Lindsey, Timothy and Dick, Howard (eds) Rethinking
the Good Governance Paradigm: Corruption and Social Engineering in Indonesia and Vietnam
The Federation Press, Sydney 201
Nicholson, Penelope (Pip) (2007) Borrowing Court Systems: The Experience of Socialist Vietnam
Martinus Nijhoff, Leiden
Nicholson, Pip and Nguyen Hung Quang (2005) ‘The Vietnamese Judiciary: The Politics of
Appointment and Promotion’ (14/1) Pacific Rim Law and Policy 1
Nicholson, Penelope (Pip) and Nguyen Thi Minh (2000) ‘Commercial Disputes and
Arbitration in Vietnam’ (17/5) Journal of International Arbitration 1
Polkinghorne, Michael and Nguyen Ngoc Bich (2002) ‘Vietnam’ in Pryles, Michael and
Taylor, Veronica (eds) Dispute Resolution in Asia Kluwer Law International, The Hague
379
Quan Truc Quan (2005) ‘Recognition and Enforcement of Foreign Arbitral Awards
in Vietnam: Shortcomings and Suggested Remedies’ (22/6) Journal of International
Arbitration 487
Quinn, Brian JM (2002) ‘Legal Reform and its Context in Vietnam’ (15) Columbia Journal of
Asian Law 221
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Quinn, Brian JM (2003) ‘Vietnam’s Continuing Legal Reforms: Gaining Control Over the
Courts’ (4/2) Asian-Pacific Law & Policy Journal 432
Tran Le Thuy (1998) ‘Vietnam: Can an Effective Arbitration System Exist?’ (20) Loyola of Los
Angeles International and Comparative Law Journal 361
Unknown Author (1995) ‘Judiciary Sets the Agenda for 1995’ (March) Vietnam Law & Legal
Forum
Family Law
Like environmental law, commentary on family law issues is largely in Vietnamese. The
scholarship dealing with family law in English is thin.
Kim, Chin (1973) ‘The Marriage and Family Law of North Vietnam’ (7) International Lawyer
440
Ta Van Tai (1984) ‘Women and the Law in Traditional Vietnam’ (3) Viet Nam Forum 23
Volkmann, Christian S (2005) ‘30 Years after the War: Children, Families, and Rights in
Vietnam’ (19/1) International Journal of Law, Policy and the Family 23
Wohlgemuth, Arno (1989) ‘Socialist Republic of Vietnam: Law on Marriage and Family
1986’ (15/3) Review of Socialist Law 295
Gender Studies and Law
Unlike the very limited scholarship on family law, there is more English-language material
on issues relating to gender. This listing gives a flavour of the diversity of issues taken up
by those writing on gender issues in Vietnam.
Duong, Wendy N (2001) ‘Gender Equality and Women’s Issues in Vietnam: The Vietnamese
Woman — Warrior and Poet’ (March) Pacific Rim Law and Policy Journal 191
Gammeltoft, Tine (1999) Women’s Bodies, Women’s Worries: Health and Family Planning in a
Vietnamese Rural Community Curzon Press, Richmond, Surrey, UK
Ginsburgs, George (1975) ‘The Role of Law in the Emancipation of Women in the Democratic
Republic of Vietnam’ (23/4) American Journal of Comparative Law 613
Hassan, Riaz; Healy, Judith; McKenna, RB; and Hearst, Susan (1985) ‘Vietnamese Families’
in Storer, Des (ed) Ethnic Family Values in Australia Prentice Hall, Melbourne 263
Kaufman, J and Sen, G (1993) ‘Population, Health and Gender in Vietnam: Social Policies
under the Economic Reforms’ in Ljunggren, B (ed) The Challenge of Reform in Indochina
Harvard University Press, Cambridge
Pham Van Bich (1999) The Vietnamese Family in Change: The Case of the Red River Delta Curzon
Press, Richmond, Surrey, UK
Ungar, Esta (1994) ‘Gender, Land and Household in Vietnam’ (17/3) Asian Studies Review
61
Wisensale, Steven K (2000) ‘Family Policy in a Changing Vietnam’ (31/1) Journal of
Comparative Family Studies 79
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D International Law
Human Rights Issues
The literature on Vietnamese human rights emanates regularly from non-governmental
watchdogs such as Amnesty International and Human Rights Watch, together with reports
from government missions. Vo Van Ai (2000) critically reviews Vietnam’s human rights
record comprehensively and with great clarity. The Vietnamese diaspora comments on
human rights conditions on various internet sites, for example, see ‘Que Me’ at: <http://
www.queme.net/eng/index.php>. In contrast, the Vietnamese Ministry of Foreign Affairs
publishes its White Book, most recently in August 2006, on human rights defending the
government’s record, available at: <http://www.nhandan.com.vn/english/news/200805/
humanrights.htm>.
Amnesty International (1990) Vietnam ‘Renovation’, The Law and Human Rights in the 1980s
Amnesty International, London
Amnesty International (1999–2006) Annual Report on Vietnam 1998 Amnesty International,
London
Amnesty International (1 March 2000) Socialist Republic of Viet Nam: The Death Penalty —
Recent Developments ASA 41/001/2000, available at: <http://web.amnesty.org/library/
eng-vnm/reports&start=31>
Amnesty International (1 October 2002) Socialist Republic of Viet Nam: A Human Rights Review
Based on the International Covenant on Civil and Political Rights ASA 41/007/2002, available
at: <http://web.amnesty.org/library/Index/ENGASA410072002?open&of=ENG-VNM>
Australian Parliamentary Delegation (1995) Australia–Vietnam Dialogue: The Currents of
Change Australian Government Printer, Canberra
Boehringer, Gill (2000) ‘Human Rights on the Agenda’ (25/6) Alternative Law Journal 301
Gammeltoft, Tine and Hernø, Rolf (2000) ‘Human Rights in Vietnam: Exploring Tensions
and Ambiguities’ in Jacobsen, Michael and Bruun, Ole (eds) Human Rights and Asian
Values Contesting National Identities and Cultural Representations in Asia Curzon 159
Jendrzejczyk, Mike (2001) ‘Policy Issues: Human Rights in Vietnam’ (22/4) Whittier Law
Review 1059
Ta Van Tai (1988) The Vietnamese Tradition of Human Rights Institute of East Asian Studies,
University of California, Berkeley
Tay, Alice (ed) (1999) East Asia: Human Rights, Nation Building, Trade Nomos
Verlagsgesellschaft, Baden-Baden
US Department of State (1993–2005) Vietnam Country Report on Human Rights Practices
Annual Reports, available at: <http://www.state.gov/g/drl/hr/c1470.htm>
Vo Van Ai (2000) ‘Human Rights and Asian Values in Vietnam’ in Jacobsen, Michael and
Bruun, Ole (eds) Human Rights and Asian Values Contesting National Identities and Cultural
Representations in Asia Curzon 92
International Law (including WTO-related Commentary)
Vietnam became a member of ASEAN in 1995 and joined the WTO in late 2006. This
has sparked scholarship on Vietnam’s practices and its capacities to engage with the
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international community. Bryant and Jessup (2005) examine Vietnam’s approach to the
adoption and implementation of international treaties generally. Quan Nguyen (2003) offers
a detailed analysis of the impacts of Vietnam’s commitments arising out of the VietnamUS Bilateral Trade Agreement on the country’s private international law. Similarly, Kurtz
(2004) analyses the impacts and possibilities arising for Vietnam from its membership of
the World trade Organisation.
Bryant, Tannetje and Jessup, Brad (2005) ‘Fragmented Pragmatism: The Conclusion and
Adoption of International Treaties in Vietnam’ in Gillespie, John and Nicholson, Pip
(eds) Asian Socialism and Legal Change: The Dynamics of Vietnamese and Chinese Reform
Asia-Pacific Press, Canberra 288
Farrell, Epsey Cooke (1990) The Socialist Republic of Vietnam and the Law of the Sea: An Analysis
of Vietnamese Behaviour within the Emerging International Oceans Regime Martinus Nijhoff,
The Hague
Kurtz, Jurgen (2004) ‘Developing Countries and the Troubling Disparity between Bilateral,
Regional and WTO Commitments: The Case of the New US-Vietnam Trade Agreement’
in Van de Borght, Kim (ed) Essays on the Future of WTO: Finding a New Balance Cameron
May, London 105
Nguyen, Lory (2004) ‘Vietnam’s 2005 Accession Bid to the WTO: The Harmful Effects
Facing Less Developed Countries’ (6) Journal of Law and Social Challenges 131
Nguyen, Quan (2003) ‘Cross-border Transactions in Vietnam and the Vietnam-US Bilateral
Trade Agreement’ (8) International Trade and Business Law Annual 159
Thao Nguyen (2001) ‘Vietnam and the Code of Conduct for the South China Sea’ (32/2)
Ocean Development and International Law 105
E Law Reform
Rapid legal reform in Vietnam, across diverse legal fields, has produced two types of
publications: those that describe the legal reforms (largely placed in the categories of law
to which they relate) and those which debate the challenges and experience confronting
legal change. It is only the latter scholarship that is included in this section. For those
interested in Vietnamese legal reform it is therefore necessary not only to consult this part,
but also to peruse references given under particular topics. The work of Gillespie (2006)
is an excellent publication, not only setting out commercial legal reform, but also arguing
that discourse theory greatly advances how best to analyse and interpret legal change.
Bergling (2006), as part of a wider study, offers a detailed account of law reform and its
motivations in the Vietnamese context.
Asian Development Bank (1996) Law and Development at the Asian Development Bank Office
of the General Counsel, Manila
Bergling, Per (1997) ‘Theory and Reality in Legal Co-operation — The Case of Vietnam’
in Sevastik, Per (ed) Legal Assistance to Developing Countries: Swedish Perspectives on the
Rule of Law Kluwer International, The Netherlands
Bergling, Per (1999) Legal Reform and Private Enterprise The Vietnamese Experience Umea
Studies in Law No 1/99, Department of Law, Umea University
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Bergling, Per (2006) Rule of Law on the International Agenda: International Support to Legal and
Judicial Reform in International Administration, Transition and Development Co-operation
Intersentia Publishers, Antwerpen and Oxford 53-64
Blanchi, Gilles (1996) Building Sustainability for Legal Training of Government Lawyers in the
Socialist Republic of Vietnam: Draft Report Ministry of Justice, Asian Development Bank
RETA 5640, UNDP Program VIE 94/003, International Development Law Institute
Chua, Amy L (1998) ‘Markets, Democracy, and Ethnicity: Toward a New Paradigm for Law
and Development’ (108) Yale Law Journal 1
Falk, Per (1997) ‘Legal Training: The Case of Vietnam’ in Sevastik, Per (ed) Legal Assistance
to Developing Countries: Swedish Perspectives on the Rule of Law Kluwer Law International,
The Netherlands 106
Gillespie, John (2006) Transplanting Commercial Law Reform Ashgate, Aldershot, UK
Kamarul, Bahrin (1996) ‘Reforming Economic Law in the Asia Pacific Region’ (6) Australian
Journal of Corporate Law 93
Lichtenstein, Natalie (1994) A Survey of Vietnam’s Legal Framework in Transition Policy
Research Working Paper No 1291, World Bank, Washington, DC
Nicholson, Penelope (Pip) (2007) Borrowing Court Systems: The Experience of Socialist Vietnam
Martinus Nijhoff, Leiden
Pham Van Thuyet (1996) ‘Legal Framework and Private Sector Development in Transitional
Economies: The Case of Vietnam’ (27/3) Law and Policy in International Business 541
Rose, Carol V (1998) ‘The “New” Law and Development Movement in the Post-cold War
Era: A Vietnam Case Study’ (32/1) Law and Society Review 93
Sevastik, Per (ed) (1997) Legal Assistance to Developing Countries: Swedish Perspectives on the
Rule of Law Kluwer Law International, The Netherlands
Sidel, Mark (1993) ‘Law Reform in Vietnam: The Complex Transition from Socialism and
Soviet Models in Legal Scholarship and Training’ (11) UCLA Pacific Basin Law Journal
221
Waller, Spencer Weber and Lan Cao (1997) ‘Law Reform in Vietnam: The Uneven Legacy
of Doi Moi’ (29/4) New York University Journal of International Law and Politics 555
F Reference Works
Legal Dictionaries
Bui Phung (1995) Tu Dien Viet-Anh Vietnamese-English Dictionary World Publishing House,
Hanoi
Legal Dictionary English-Vietnamese: Finance, Trade, Customs, Insurance, Law, Administration
(undated) National Cultural Publishing House, Hanoi
Nguyen Dang Thanh (1965) Legal Terminology Listing Licentiate Law Group, Saigon
Nguyen Trong Tien (1997) A Dictionary of Economics and Commerce – English-Vietnamese Ho
Chi Minh City Publishing House, Ho Chi Minh City
Tu Dien Ngoai Thuong va Tai Chinh Anh Viet (English-Vietnamese Dictionary of Modern
International Trade and Finance) (1996) Nha Xuat Ban Thong Ke, Hanoi
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Part IV Legislation
Most Vietnamese legislation is today online at Vietnamese government websites. Agencies
such as the National Assembly, the Ministry of Planning and Investment, the Ministry of
Justice and the Ministry of Trade all publish laws relating to their responsibilities. As a result
of the Chinh Phu Dien Tu (Online Government) Programme, most government agencies at
the central level have also developed websites to introduce themselves and to disseminate
new legislation relevant to their particular administrative responsibilities. There are,
however, three drawbacks of researching laws via government agencies’ websites. First,
most are in Vietnamese, although some government websites have an English section. An
exception to this practice is the website of the Department of Planning and Investment
of Ho Chi Minh City. This site provides the most important laws and regulations on
foreign investment in English. Secondly, ministries usually publish online legislation
promulgated and/or administered by themselves only. Understanding the organisation
of the government, therefore, is crucial when navigating the twenty-odd ministries and
determining which of them may be responsible for a particular law. However, not all the
current laws are available online from ministry websites. Finally, the Online Government
Programme is a recent initiative and laws that pre-date its commencement may not be
available on ministry websites.
Local law firms’ websites are also a useful source of legislation and legal commentary,
with some law firms offering English summaries of new laws. Commercial legal databases
offer the most comprehensive law resources. Many local law firms choose Phap Dien, an
intranet database, of Khai-Tri company in Ho Chi Minh City.
LAWDATA, based in Hanoi, <www.luatvietnam.com.vn>, is an online database
offering legislation. To access the database online, it is necessary to register an account
at the database’s website. Registration costs 55,000 VND/month. Payment can be made in
person at the company’s two offices in Hanoi and Ho Chi Minh City (addresses are on the
website), or by transferring payment directly to the company’s bank account in Vietnam.
Allens Arthur Robinson (previously Phillips Fox) in Vietnam offers a law database
in English, translated by the firm’s lawyers. Visit the database’s website, <http://www.
vietnamlaws.com/>, for information regarding access and fees.
The ‘Contents of Official Gazette’ is another Vietnam Law and Legal Forum publication.
It lists all legal documents which have been published in the Official Gazette (Cong Bao). It
provides not only the codes and titles of legislation, but also full names of the document,
issuing agencies and date of issue. The publication has come out annually since 1994.
English translations of certain laws published in the ‘Contents of Official Gazette’ can also
be purchased from this publisher. Cost is calculated per page, see <http://news07.vnanet.
vn/vietnamlaw/subscribe.asp>.
Internet Addresses for Legislation and Laws on CD ROM
Internet resources for Vietnamese laws and legal commentary are growing extraordinarily
quickly, matching the exponential rate at which new private law firms are established in
Vietnam. Local law firms have found the internet an effective way to advertise. Many large
local law firms publish headings of new legislation in English to attract foreign clients.
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LAWDATA offers Vietnamese legislation: <www.luatvietnam.com.vn>
Luat Gia Pham law firm offers a wide range of new laws in Vietnamese online: <www.
luatgiapham.com>
Luat Viet Law firm offers free headings of new laws updated weekly: <http://www.luatviet.
com>
Allens Arthur Robinson in Vietnam offers a Vietnamese law database in English, translated
by the firm’s lawyers: <http://www.vietnamlaws.com/>
Other Legal Databases
Asia Pacific Centre for Environmental Law: <http://sunsite.nus.edu.sg/apcel/dbase/asean.
html>
Khai Tri Law firm offers ‘Phap Dien’; a popular fee-based legal database for local law firms
and organisations (Vietnamese only): <www.khai-tri.com>
The National Assembly and the Vietnam General Corporation of Post and
Telecommunication’s ‘Vietnam Law Database’: <http://www.vietlaw.gov.vn>
Nhan Dan (‘People’, the Party-endorsed daily newspaper). You can find regular updates
of new legislations in Vietnamese from this website: <http://www.nhandan.org.vn/
vietnamese/phapluat/pl.html>
N H Quang and Associates, Hanoi, have developed VnLawFind, a searchable database
which includes commentary written by Vietnamese scholars on Vietnamese law:
<www.VnLawFind.com.vn>
Nguyen Ngoc Hoa of Hanoi Law School publishes his research and also the doctoral theses
of his students on Vietnamese criminal law in Vietnamese at: <http://luathinhsu-hoa.
org.vn/>
Population and Family Planning: Laws, Policies and Regulations: <http://www.unescap.
org/pop/database/law_viet/vi_title.htm>
Professor Nguyen Ngoc Hoa of Hanoi Law School publishes his research and also the
doctoral theses of his students on Vietnamese criminal law in Vietnamese: <http://
luathinhsu-hoa.org.vn/>
Vietnam Chamber of Commerce and Industry: <http://www.vccidata.com.vn/>
Part V General Internet Links
This section of the bibliography has been kept short. A great deal of material and information
is now available online, with all Vietnamese official ministries and institutions having a
virtual presence. As always, the challenge is to be sure that the resources cited are actually
maintained. Those listed here have been operating consistently for at least ten years and, it
is hoped, will continue into the future.
Country Profile
World Factbook 2001: <https://www.cia.gov/cia/publications/factbook/index.html>
United Nations Development Program — Vietnam: <http://www.undp.org/vn/ehome.
html>
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United States Department of State — Vietnam: <http://www.state.gov/r/pa/bgn/index.
cfm?docid=4130>
Australian Department of Foreign Affairs and Trade — Vietnam: <http://www.dfat.gov.au/
geo/vietnam/index.html>
Vietnamese Government Institutions
Under the ‘electronic government’ incentives, all ministries in Vietnam have their own
websites containing ministry-specific information. For the list, see Governments on the
WWW: Vietnam, available at: <http://www.gksoft.com/govt/en/vn.html>. However, not
all ministry websites are published in English. Below is an alphabetical list of ministry
websites that publish in English as well as Vietnamese. The Communist Party of Vietnam
website is included here. As the force leading the government and the state, no government
listing is complete without it.
Communist Party of Vietnam: <http://cpv.org.vn>
The Department of Planning and Investment in Ho Chi Minh City offers laws on foreign
investment, business licensing and establishment of companies in English: <http://
www.dpi.hochiminhcity.gov.vn>
The General Statistics Office’s website in English offers economic and social statistics:
<http://www.gso.gov.vn/default_en.aspx?tabid=491>
The Ministry of Finance offers new legal documents on financial issues. English translations
of the titles of new legislations are also available: <http://www.mof.gov.vn>
The Ministry of Planning and Investment offers an online database of law and policy
documents issued by the ministry, and is relevant to the areas of foreign investment
and government tendering: <http://www.mpi.gov.vn>
The State Bank of Vietnam offers laws on banking and finance in Vietnam. The English
version of the website is under construction and will be available soon: <http://www.
sbv.gov.vn>
Donors and International NGOs and Organisations — Vietnamese Law Reform
Asian Development Bank — Vietnam: <http://www.adb.org.vn/>
United Nations Development Program — Vietnam: <http://www.undp.org/vn>
World Bank — Vietnam: <http://www.worldbank.org.vn/welc/other.htm>
International Monetary Fund — Vietnam: <http://www.imf.org/external/country/VNM/
index.htm>
House of Law Vietnam (translation of Nhà Pháp Luật Việt — Pháp or Maison du Droit
Vietnamien — Française) offers a law library to the public. A list of publications
by this organisation is available at the website: <http://www.maisondudroit.org/
Bibliothequevn.htm>
Human Rights
Amnesty International Library by theme: <http://web.amnesty.org/web/content.nsf/
pagesbycountrytitle/gbrthemeshome>
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Human Rights Watch: Vietnam: <http://www.hrw.org/worldreport99/asia/vietnam.html>
Vietnam and Human Rights: <http://www.derechos.net/links/geo/asia/vietnam.html>
Discussion Lists
The United National Development Program runs a discussion list at: <http://www.undp.
org.vn/forums1/other> (moderator: webmanager@undp.org.vn). To subscribe, send an
email to: <majordomo@vn-gw.anu.edu.au> with this text line: ‘subscribe devel-vn (your
email address)’ in the body of the message.
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