ABSTRACT: The legal system is a fundamental pillar of the rule-of-law state, reflecting the will of the people and serving as the primary tool for the State to manage society and ensure fairness, order, and sustainable development. In the context of deep international integration and rapid digital transformation, the need to improve the structure of Vietnam’s legal system has become more urgent than ever. This improvement aims not only to ensure the consistency, transparency, and feasibility of legal norms, but also to build a modern, unified, stable legal framework capable of adapting to the dynamic changes of socio-economic life. Therefore, researching, assessing, and enhancing the structure of Vietnam’s legal system to meet the country’s development requirements in the new era is an objective, imperative, and strategically significant task. This article discusses the current structure of Vietnam’s legal system, outlines its existing conditions, and proposes solutions to improve its structure in order to support national development in the new period.
Keywords: Structure of the legal system; role of the Constitution; solutions for structural improvement; consistent, fair, and modern legal system.
The legal system is a fundamental pillar of the rule-of-law state, reflecting the will of the people and serving as the primary tool for the State to manage society and ensure fairness, order, and sustainable development. In the context of deep international integration and rapid digital transformation, the need to improve the structure of Vietnam’s legal system has become more urgent than ever. This improvement aims not only to ensure the consistency, transparency, and feasibility of legal norms, but also to build a modern, unified, stable legal framework capable of adapting to the dynamic changes of socio-economic life. Therefore, researching, assessing, and enhancing the structure of Vietnam’s legal system to meet the country’s development requirements in the new era is an objective, imperative, and strategically significant task. This article discusses the current structure of Vietnam’s legal system, outlines its existing conditions, and proposes solutions to improve its structure in order to support national development in the new period.
In the context of globalization and the Fourth Industrial Revolution unfolding strongly, the demand for rapid, sustainable development and deep international integration places new tasks before Vietnam, among which improving the structure of the legal system holds particularly significant importance. The legal system is not only a tool for regulating social relations and ensuring order and fairness, but also serves as a foundational orientation for the process of renovation, socio-economic development, and the building of a socialist rule-of-law State.
Overview of the Structure of Vietnam’s Current Legal System
Vietnam’s legal system is the entirety of existing legal norms that are promulgated or recognized by the State, internally unified and interconnected, and regulate social relations following socialist orientations. The fundamental characteristics of the legal system include:
– Being built on the 2013 Constitution - the fundamental law with the highest legal effect;
– Possessing unity and consistency while also demonstrating diversity and stratification in forms of legal normative documents;
– Reflecting a combination of Vietnam’s legal traditions and the selective absorption of international legal principles.
Over the years, the Party and the State have paid special attention to the development and improvement of institutions and laws, identifying this as one of the three strategic breakthroughs. Many important guidelines, mechanisms, and innovative policies have been issued and effectively implemented to improve the quality of lawmaking and law enforcement, achieving significant results. Notably, the Party Central Committee issued Resolution No. 27 on building a socialist rule-of-law State and Resolution No. 66 on renewing the formulation and implementation of laws. These are historic policies that have shaped the development of Vietnam’s legal system in recent years and will continue to orient its future development.
Alongside these efforts, Vietnam has established a basic and relatively comprehensive legal structure. The legal system essentially meets the regulatory needs of social relations across almost all areas of social life, with nearly 300 laws, codes, and ordinances, along with many sub-law legal normative documents currently in force.
The Nature of Vietnam’s Current Legal System
Vietnam’s legal system embodies the nature of the working class, profound popular character, and distinct national identity, reflected through the following features:
Vietnamese law expresses the will of the working class, through the leadership of the Communist Party of Vietnam - the leading force of the State and society. The objective of the legal system is to build a fair, democratic, civilized society oriented toward socialism.
It reflects the people-oriented character of the law. The law ensures and promotes the people’s right to mastery; all state power belongs to the people. Human rights and citizens’ rights are recognized, respected, protected, and guaranteed in the Constitution and relevant laws.
Vietnamese law reflects national identity, traditions, and cultural values, while selectively absorbing the legal achievements of humankind. In the context of international integration, Vietnamese law tends to approach international legal standards and align with the international commitments to which Vietnam is a party.
Vietnam’s Legal System Is Structured on Two Main Levels:
1. Substantive Structure (Content) - This includes:
Legal norms: The basic unit that clearly defines the rights, obligations, and behavioral rules of subjects.
Legal institutions: A collection of legal norms regulating a specific group of social relations (e.g., regulations on contracts, marriage, property rights…).
Branches of law: A comprehensive system of legal institutions regulating a particular area of social life (e.g., Constitutional Law, Civil Law, Criminal Law, Administrative Law, Labor Law…).
2. Formal Structure (System of Legal Documents)
a) The Constitution: The Constitution is the fundamental law of the State, holding the highest legal effect. It regulates foundational issues such as the political regime, human rights and fundamental citizens’ rights and obligations, the organization of the state apparatus, and principles guiding the operation of public authorities.
b) Laws, Codes, and Resolutions of the National Assembly: These include codes and laws that concretize the Constitution and govern major areas of social life. Examples: Civil Code, Criminal Code, Land Law, Enterprise Law, etc.
c) Ordinances and Resolutions of the Standing Committee of the National Assembly: These regulate matters assigned by the National Assembly or areas not yet eligible to be regulated by law.
d) Documents of the Government and the Prime Minister: These include Decrees and Decisions that concretize and guide the implementation of laws, ensuring uniformity in state administration.
e) Circulars, Joint Circulars, and Decisions of Ministers and Heads of Ministerial-Level Agencies: These are the lowest-tier normative documents, providing detailed instructions and organization of law implementation in specialized fields.
g) Normative documents of local authorities: Including Resolutions of People’s Councils and Decisions of People’s Committees at different levels, designed to regulate social relations within local jurisdictions in accordance with regional socio-economic characteristics.
3. The practical operation of our country’s legal system structure in recent years shows both strengths and limitations, specifically:
- Strengths: Vietnam has initially built a relatively comprehensive and coherent legal system, creating a legal framework for digital transformation and the development of the digital economy. The structure of the legal system has been increasingly improved in both form and substance. Many new areas such as digital transformation, environment, renewable energy, intellectual property, and cybersecurity have had initial legal frameworks. Regulations on e-commerce, personal data protection, and cashless payment are receiving growing attention. Along with that, the law-making process has become increasingly democratic and transparent, with broader social participation. International integration has been strengthened, and Vietnamese law is increasingly aligned with international standards.
- Limitations: The legal structure remains fragmented and overlapping, lacking consistency among different branches of law. Some regulations have not kept pace with new technological developments, particularly in fields such as AI, blockchain, fintech, and digital assets. Legislative quality is still uneven; some documents carry an administrative - command character, not fully consistent with the spirit of a rule-of-law state. Mechanisms for enforcement, supervision, and handling violations in the online environment remain weak; the capacity of the law-enforcement workforce in digital technology is still limited. The lack of digitized legal databases also makes it difficult to search for and access information.
Therefore, for the legal structure to meet development requirements in the new context, it is necessary to overcome existing limitations and fully promote the strengths of the current legal framework, based on theoretical foundations and grounds for improving the structure of the legal system today.
Theoretical Foundations and Practical Basis for Improving the Structure of Vietnam’s Legal System Today
1. Theoretical Foundations:
a) Marxist-Leninist views on the State and law: Marxism-Leninism holds that law is a social phenomenon of class character, representing the will of the ruling class elevated into legal norms. In a socialist society, the law embodies the nature of the working class under the leadership of the Communist Party, aiming toward fairness, democracy, and social progress. Therefore, improving the legal system must ensure the unity between its class nature and its people-oriented character, as well as between national identity and contemporary realities.
b) Ho Chi Minh’s thought on the rule of law and the legal system: President Ho Chi Minh affirmed that “Our State is a State of the people, by the people, and for the people.” He viewed law as a tool to protect the interests of the people, maintain order, discipline, and social ethics. Thus, the improvement of the legal system must be rooted in the legitimate needs and interests of the people, ensuring that laws are easy to understand, easy to apply, and consistent with real-life conditions.
c) The viewpoints of the Communist Party of Vietnam: The Party has identified “building and perfecting the socialist rule-of-law State of Vietnam, of the people, by the people, and for the people” as a central task in the renovation process. The 2011 Platform (amended in 2021) and Central Committee Resolutions emphasize that the legal system must be improved in a comprehensive, consistent, feasible, public, and transparent manner, aligned with the socialist-oriented market economy and international integration.
d) Scientific foundations of legal system theory: According to general legal theory, the legal system consists of the totality of legal norms, arranged by regulatory fields, legal validity, and legal forms.
Improving the structure of the legal system must be based on four principles: Internal coherence and consistency; Compatibility with developmental realities; Practical feasibility and effectiveness; Harmonization between national law and international law.
2. Practical Basis:
a) Requirements of the renovation process and international integration: Vietnam is transitioning to a socialist-oriented market economy, which requires its legal system to adapt to economic rules, competition, ownership, investment, business, and other related areas. Deep international integration (WTO, CPTPP, EVFTA, ASEAN, etc.) requires laws to align with international standards and commitments.
b) Requirements of building a socialist rule-of-law State: A rule-of-law State requires the supremacy of the Constitution and the law, ensuring the division, coordination, and control of state power. A comprehensive, transparent, and stable legal system is needed to safeguard human rights, citizens’ rights, and to promote democracy.
c) Current situation and emerging issues: Although Vietnam’s legal system has made significant progress, it still contains overlaps and inconsistencies, with some provisions lacking feasibility or failing to meet the demands of digital transformation, the green economy, and the knowledge economy. Therefore, it is essential to continue improving the structure of the legal system, ensuring consistency between central and local regulations and among different branches of law.
Orientation for Improving the Structure of the Legal System
In the era of Industry 4.0, improving the structure of the legal system is not merely a matter of amending or supplementing regulatory documents; it is also a process of transforming legal thinking, aiming toward a digital, open, flexible, and innovation-adaptive legal system. The synchronized implementation of these solutions will help Vietnam build a modern rule-of-law system that ensures sustainable development, integration, and the protection of citizens’ rights in the digital age.
Furthermore, the Fourth Industrial Revolution (Industry 4.0) is generating profound changes across all aspects of socio-economic life. Digital technologies, artificial intelligence (AI), big data, the Internet of Things (IoT), blockchain, and electronic transactions are reshaping how people produce, communicate, and manage society. In this context, the legal system - as a tool of state governance and a guarantee of social justice - must also be structurally improved to adapt to the rapid, flexible, and complex development of the digital era. This is an objective and urgent requirement in order to meet the demands of building a socialist rule-of-law State and deepening international integration. The solid theoretical foundations of Marxism–Leninism, Ho Chi Minh’s thought, the Party’s orientations, and the realities of the renewal process provide the basis for establishing a coherent, transparent, equitable, and modern legal system that effectively serves national development.
At the national scientific conference jointly organized by the Central Internal Affairs Commission, the Ministry of Justice, and the Law and Justice Committee of the National Assembly, under the theme “Improving the Structure of Vietnam’s Legal System to Meet the Requirements of National Development in the New Era” (01/11/2025), the draft Scheme “Improving the Structure of Vietnam’s Legal System to Meet the Requirements of National Development in the New Era” emphasized major orientations and sector-specific directions across eight domains. Structurally, the draft Scheme is divided into three main parts: Part I: “General Issues on the Structure of the Legal System”; Part II: “Assessment of the Current Structure of Vietnam’s Legal System”; Part III: “Context, Perspectives, Objectives, and Solutions for Improving the Structure of the Legal System to Meet the Requirements of National Development in the New Era.” Among these, Part II assesses and analyzes general achievements as well as achievements in specific areas, covering eight domains: (1) Development of the socialist-oriented market economy; (2) Cultural development; (3) Education; (4) Development of science, technology, innovation, and digital transformation;
(5) Social management and development; (6) Management and use of natural resources, environmental protection, and climate-change adaptation; (7) National defense, security, and external relations; (8) Organization and operation of the socialist rule-of-law State apparatus, promotion of democracy, and protection of human rights and citizens’ rights.
When addressing specific issues, orientations, and solutions for improving the structure of Vietnam’s legal system, the following contents are highlighted:
Improve the legal framework for digital transformation and new technologies: Enact and update laws, decrees, and circulars in line with technological developments, such as laws on artificial intelligence, personal data, virtual assets, and smart contracts. Establish flexible legal principles, allowing for experimental “sandbox” frameworks for new technology business models.
Strengthen the role of the Constitution: All legal documents must ensure constitutionality. Establish an independent constitutional oversight mechanism or enhance parliamentary supervision to prevent laws and regulations that violate the Constitution.
Review, systematize, and codify laws: Develop a unified national electronic codification system. Conduct regular reviews and updates to eliminate expired or conflicting legal documents. Clearly define the authority for issuance and hierarchical validity of each type of legal document.
Apply technology and digital transformation in legal management:
Build an intelligent national legal database, interoperable among state agencies. Apply artificial intelligence (AI) and big data analytics in law-making, inspection, and legal dissemination. Use AI and data analysis to forecast impacts, support drafting, appraisal, and policy evaluation. Increase participation of citizens, businesses, and technology experts through online feedback platforms, ensuring transparency in the legislative process.
Enhance the quality of the law-making process: Use AI and data analysis to forecast impacts, support drafting, appraisal, and policy evaluation. Strengthen participation of citizens, businesses, and technology experts through online consultation platforms, ensuring transparency in law-making. Ensure that every legal provision is clear, transparent, and highly enforceable. Enhance Regulatory Impact Assessment (RIA) before and after issuance. Reduce excessive guiding documents and increase the self-operating capacity of laws.
Improve the quality of the legal workforce: Provide specialized training in legislative skills, legal thinking, and public service ethics. Attract experts, scientists, and social organizations to participate in the law-making process.
Strengthen supervision and social feedback: Promote the role of the Vietnam Fatherland Front, social organizations, lawyers, and scholars in commenting and reviewing draft laws. Establish transparent mechanisms to receive and address legal recommendations from citizens and businesses.
Promote legal dissemination and education in the digital environment:
Develop online platforms for legal dissemination; build applications and chatbots to help citizens access legal information. Strengthen education on cybersecurity, personal data protection, and digital ethics in schools and enterprises.
Improving the structure of Vietnam’s legal system is a central, long-term, and strategic task in the process of building a socialist rule-of-law State. A well-structured, stable, transparent, and effective legal system not only guarantees human rights and citizens’ rights but also provides a solid foundation for socio-economic development and international integration.
Dr. Hoang Xuan Trung
Hoa Sen University (Ho Chi Minh city)
References:
- Constitution of the Socialist Republic of Vietnam, 2013.
- Law on the Promulgation of Legal Documents, 2015 (amended and supplemented in 2020).
- Documents of the 13th National Congress of the Communist Party of Vietnam.
- Report of the Ministry of Justice on the Construction and Improvement of the Legal System (2024).
- Nguyen Dang Dung (2022), The Rule-of-Law State and the Improvement of Vietnam’s Legal System, National Political Publishing House.
- Resolution No. 66-NQ/TW of the Central Committee (April 30, 2025) on Renovating the Construction and Implementation of Law to Meet the Development Requirements of the Country in the New Era.
- Resolution No. 288-NQ/TW (2025): Decision on Establishing the Central Steering Committee on Institutional and Legal Reform (specifically implementing Resolution No. 66 of the Central Committee).
