MODULE OUTLINE INTRODUCTION TO VIETNAMESE LEGAL SYSTEM 2 credits

HANOI LAW UNIVERSITY

MODULE OUTLINE
INTRODUCTION TO VIETNAMESE LEGAL SYSTEM

HANOI - 2017


HANOI LAW UNIVERSITY
FACULTY OF LAW
Training service:
Subject:
Credit Units:
Course type:

Full-time - Bachelor of Law
Introduction to Vietnamese Legal System
02
Optional

1. INFORMATION ABOUT LECTURERS
No
Name
Title
Email
1. Phan Thi Lan Huong
PhD

2. Le Nam Huong

Expert

Visiting lecturer_UNDP

3. Nguyen Van Quang

Aso.Ph
D



Address of Department of Private International Law
Room No.605, Building A, Hanoi Law University
No. 87 Nguyen Chi Thanh street, DongDa district, Hanoi.
Telephone: 02437731453
Working hour(s): 8h00 – 16h30 working days
2. SUMMARY OF SUBJECT
Legal system is different from a country to country because of differences in history, sociopolitical and economic conditions. In other words, the nature of legal system of a country
depends on the nature of its social system established in law. Vietnam is a socialist country
under the leading of Communist Party; therefore, the current legal system of Vietnam has its
own history and tradition. This course focuses on legal phylosophy and the main features of
legal system in Vietnam. Students are introduced the influenced factors (socio-economic,
political, and cultural influences), legal phylosophy, sourses of laws, legal professional in
order to gain basic understanding about current legal system in Vietnam.
3. CONTENT OF SUBJECT
Topic 1: Vietnamese legal philosophy
1. Legal ideologies in Vietnam in general
2. Legal ideologies of socialist model
3. Comparative study with other legal system (common and civil law tradition)
Topic 2: Influenced factors of legal system in Vietnam
1. Socio - Economic conditions

2. Traditional Culture, Beliefs, and Religions
3. Globalization and integration period (international cooperation)
Topic 3: Source of law
1. Concept source of law
2. What are the sources of law in Vietnam
3. Comparative study with some selected countries (US, UK)
Topic 4: Law interpretation and application in Vietnam
1. Law interpretation
2. Law application in Vietnam
2


Topic 5: Legal Professionals and Legal education in Vietnam
1. Legal training curriculum
2. Legal training methodology
3. Judges
4. Prosecutors
5. Lawyers
4. OBJECTIVES
Students who successfully complete this subject should:
1. Understand the nature of Vietnamese legal system
2. Be aware of the influencing factors of Vietnamese legal system
3. Be familiar with the sourse of law, law interpretation and application in Vietnam
4. Understand about legal education and legal professional in Vietnam
5. Be able to identify the differences between Vietnamese legal system with the other legal
system (common law and civil law in some selected countries.
5. TEXT AND READINGS
A. MANDATORY READINGS
1. Dr. Phan Thi Lan Huong, The Role of Vietnamese Government in Legislation – In
Comparison with Japan, CALE Discussion Paper No.11, 2014, />2. Dr. Mai Hong Quy (Editor), Introduction to Vietnamese Law, University of Law

Hochiminh City, Hongduc Publishing House, 2013.
3. Dr. Phan Thi Lan Huong, Overview of the Vietnamese Legal System,
/>_SYSTEM
4. Bui Thi Bich Lien, Legal Interpretation and the Vietnamese Version of the Rule of
Law, />%20Bich%20Lien_p321-337.pdf.
B. REGULATIONS
1. Vietnam Constitution 2013.
2. Vietnam Law on Promulgation of Legal Normative Document
3. Vietnam Law on Organization of Court 2014
4. Vietnam Law on Lawyer
C. OPTIONAL READINGS
1. Dervort, Thomas R. Van. American Law and the Legal System: Equal Justice Under the
Law. Cengage Learning, 2000.
2. Mwenda, Kenneth Kaoma. Comparing American and British Legal Education Systems:
Lessons for Commonwealth African Law Schools. Cambria Press, 2007.
3. Slapper, Gary, and David Kelly. The English Legal System. Taylor & Francis, 2017.
6. LEARNING OUTCOMES
6.1 Detailed learning outcomes
Objective
Unit

Level 1

Level 2

Level 3

3

1.
Vietnamese
legal
philosophy

2.
Influenced
factors of legal
system in
Vietnam

3.
Source of law

4.
Law
interpretation
and
application in
Vietnam

4

1A1.
Define
legal
philosophy
1A2. Describe legal
ideologies in Vietnam in
general

1A3. Intepret the features
of legal ideologies in
Socialist model
1A4. Identify differences
with
other
legal
ideologies (separation of
power)
2A1. Define influenced
factors
2A2.
Present
the
influenced factor: socio economic conditions
2A3.
Present
the
influenced
factor:
Traditional
Culture,
Beliefs, and Religions
2A4. Present the
influenced
factor:
Globalization
and
integration
3A1. Define the source of

law
3A2. Understand the what
are the source of law in
Vietnam
3A3. Present the competent
organs which has power to
promulgate legal normative
documents
3A4. Define the court’s
precedents.
4A1. Understand the
concept
legal
interpretation
and
application in Vietnam.
4A2.
Understand process and
competence
of
interpretation the laws in
Vietnam
4A3.
Define
the
functions of state ograns

1B1.
Analyze
characteristics of socialist

legal model
1B2. Distinguish socialist
model with other models
(comom, civil, islam
1B3.
Analyze
the
influences
of
legal
philosophy to the current
legal system in Vietnam

1C1. Evaluate the legal
philosophy in Vietnam
1C2. Evaluate the
others legal philosophy
(concentration of power
– Maxian tradition vs
separation of power)

2B1.
Analyze
the
influenced factors
2B2.
Identify
the
influences of legal system
in Vietnam

2B3. Analyze how legal
system responds to those
factors

2C1. Evaluate some
legal
documents
influenced by those
factors
2C2.
Evaluate
the
changes of legal system
in globalization and
integration
2C3.
Evaluate
Vietnam’s
law
influenced by traditional
cultures.

3B1.Analyze the feature
of source of law in
Vietnam
3B2. Analyze the legality
and consititutionality
3B3. Analyze the role of
court’s precedents

3C1. Critically evaluate
Vietnam’s source of law
3C2.
Evaluate
the
current issues of legal
documents in Vietnam
(consistency,
comprehensiveness)
3C3.
Evaluate
the
criteria for reviewing
legal
normative
documents.
4C1. Evaluate Vietnam’s
rule
on
reviewing
legality
of
law
intepreation
4C2. Evaluate Vietnam’s
rule on law application

4B1. Analyze the process
of interpretation and
application

4B2.
Analyze
the
procedure to interpret the
laws
4B3. Analyze
the
competence
of
interpretation of laws in
Vietnam


in interpretation of laws

5.
Legal
Professionals
and Legal
education in
Vietnam

5A1. Understand the
legal
training
curriculums
5A2.
Define
legal
training methodology

5A3.
Define
legal
professional in Vietnam

5B1. Analyze the the
process of drafting legal
training curriculum
5B2. Analyze the needs
of changing legal training
methodology
5B3.
Analyze
the
standards
of
legal
professional in Vietnam

6.2 Sumary of learning outcomes
Level
Level 1
Level 2
Units
Unit 1
4
3
Unit 2
4
3

Unit 3
4
3
Unit 4
3
3
Unit 5
3
3
Total
18
15

Level 3

Sum

2
3
3
2
3
13

9
10
10
8
9
46

7. COURSE SCHEDULE/TEACHING PLAN
7.1. General course schedule
Week Topic
Lecture
Seminar
Team work
1

1

2

4

2

SelfStudy
3

2
3
4

2
3
4

2
2

2

4
4
4

2
2
2

3
3
3

5

5

2

4

2

3

10
= 10 credit
hours

20
= 10 credit
hours

10
= 5 credit
hours

15
=5
credit
hours

Total

5C1. Evaluate current
legal training curriculum
for
undergraduate
students
5C2. Evaluate the main
teaching methods
5C3.
Evaluate
the
procedure to become
lawyer,
judge,
prosecutor

Assignment
Receive Group and
Individual Assignment
topicstopics

Submit Group-Assignment
- Teamwork oral
presentation
- Submit Individual
assignment

7.2. Detailed schedule

5


Week 1: Topic 1
Forms of Credit
Main contents
teaching – Hours
learning
Lecture
2
- Introduction to legal philosophy in
Vietnam
+ Definition of legal philosophy
+ Legal philosophy in socialist country
+ Legal philosophy in other legal tradition
(common law, civil law, islam)
Seminar

1
- Features of legal system in socialist
1
country
Seminar
2

1

Differences of legal philosophy
socialist vs capitalist contries

Self-study

1

- Legal philosophy of former soviet union

Group
work

1

- Legal ideologies in Vietnam currently

Consultation
Assessment

*Reading:
Dr. Phan Thi Lan Huong,

Overview
of
the
Vietnamese Legal System

in * Reading

- Groups choose discussed
issues.
- Discussing in group.

- Legal terms
- Reference documents
Receiving individual and group assignment topic in Seminar 1

Week 2: Topic 2
Forms of Credit
teaching – Hours
learning

6

Requirements for
students’ preparation

Lecture

2

Seminar

1

1

Main contents

Requirements for students’
preparation

Influenced factors of legal system in * Reading:
Vietnam
− Dr. Mai Hong Quy (Editor),
+ Socio - Economic conditions
Introduction to Vietnamese
+ Traditional Culture, Beliefs, and
Law, University of Law
Religions
Hochiminh City, Hongduc
+ Globalization and integration
Publishing House, 2013.
period (international cooperation) − Dr. Phan Thi Lan Huong,
Overview of the Vietnamese
Legal System.
The influenced factors
− Dr. Mai Hong Quy (Editor),
+ WTO members
Introduction to Vietnamese
+ ASEAN community
Law, University of Law
Hochiminh City, Hongduc

Publishing House, 2013.


Legal reforms in Vietnam

− Dr. Mai Hong Quy (Editor),
Introduction to Vietnamese
Law, University of Law
Hochiminh City, Hongduc
Publishing House, 2013.

Seminar
2

1

Groupwork

1

Self studying

1

Consultation

- Purpose: Explaining and consulting about content and learning methods;
instructing how to exploit learning resources...

Evalutating the main factors affect legal reform in Vietnam

Tradition and culture influenced

Week 3: Topic 3
Forms of Credit
teaching – Hours
learning
Lecture

Seminar
1
Seminar
2

2

Main contents

Source of law
* Reading
+ Concept source of law
− Dr. Phan Thi Lan Huong,
+ What are the sources of law in
The Role of Vietnamese
Vietnam
Government in Legislation
– In Comparison with
Japan, CALE Discussion
Paper No.11, 2014
− Law on Legal Normative
Document (Law on Laws

2014)

1

Consistency of the source of law

1

Reviewing legality of legal normative
documents

Groupwork

1

Court precedent

Self - study

1

-

Consultation

Requirements for students’
preparation

Analyzing the current issues of legal documents in Vietnam

- Purpose: Explaining and consulting about content and learning methods;
instructing how to exploit learning resources...

7


Week 4: Topic 4
Forms of Credit
teaching – Hours
learning

Main contents

Requirements for students’
preparation

* Reading:
Law interpretation and application - Bui Thi Bich Lien, Legal
in Vietnam
Interpretation and the Vietnamese
+ Law interpretation
Version of the Rule of Law
+ Law application in Vietnam

Lecture

2

Seminar
1

1

Seminar
2

1

-

Law application

Groupwork

1

-

Current issues of law application in Vietnam

Self studying

1

-

Distribution of functions related to law interpretation

Consultation

Law interpretation

Bui Thi Bich Lien, Legal
Interpretation and the Vietnamese
Version of the Rule of Law
Bui Thi Bich Lien, Legal
Interpretation and the Vietnamese
Version of the Rule of Law

- - Purpose: Explaining and consulting about content and learning methods;
instructing how to exploit learning resources...

Assessment Submiting group assignment in Seminar 3

Week 5: Topic 5
Forms of Credit
teaching – Hours
learning

Requirements for students’
preparation

2

Legal education and professional
+ Legal education
+ Legal professional

Seminar
1

1

- Reforming
curriculum

Seminar
2

1

Groupwork

1

training Dr. Phan Thi Lan Huong,
Overview of the Vietnamese Legal
System
- Reforming teaching methods
Dr. Phan Thi Lan Huong,
Overview of the Vietnamese Legal
System
- Praticing law in Vietnam (lawyers)

Self studying

1

-

Lecture

8

Main contents

Dr. Phan Thi Lan Huong,
Overview of the Vietnamese Legal
System

legal

Legal education in globalization period


Consultation

- - Purpose: Explaining and consulting about content and learning methods;
instructing how to exploit learning resources...

Assessment - Teamwork oral presentation in Seminar 3
- Submitting individual assignment in Seminar 3

8. ASSESSMENT

No
1.

2.

3.

Type of
assignment
01
group
assignemnt
and
oral
presentation
01
individual
Assignment
Final exam

Rate

Requirements

15%

- Form: 5-7 page Essay (Appendix included, if any).
- Content: Questions relating to the knowledge of
whole course.

15%

- Form: 3-5 page Essay (Appendix included, if any).
- Content: Questions relating to the knowledge of
whole course.

- Form: written exam
- Content: Questions relating to the knowledge of the
whole course

Total

100%

70%

9. OTHER REQUIREMENTS
- Plagiarism in any forms will result in FAIL for the related academic work.
- Cheating on any exam also results in FAIL to the student who commits the cheating andto
the person who allows others to copy his/her work.
- No excuses for the ignorance of the guidelines for academic works set by Hanoi Law
University.

9