Historical context

state and it was obligatory to follow state orders or directives without question­ing. Therefore, law took a passive secondary role, subsidiary to the policies and orders from the state.

The notion of law and the rule of law only started to emerge since the start of the Doi Moi policy in 1986. With this policy, the recognition of private owner­ship, the right to conduct business and establish companies, and the permission of foreign investment had far-ranging implications. An entire new legal system had to be created to recognise and protect the new rights and obligations of citizens. The development of the private sector, in particular with the involve­ment of foreign investors, demanded the creation of a new legal system. While the structure of the state institutions has remained essentially the same, official attitudes towards the law have changed considerably. The past 25 years have seen a positive qualitative change in the legal consciousness on the part of state officials. In the past, they would simply compel citizens to obey state orders with­out questioning. Now, they have to justify all their actions according to the law. All government actions are expected to comply with the law and the correct legal processes. Citizens are aware that they have certain rights guaranteed by the law. In 1994 the Administrative Court system was established to enable citizens to challenge decisions of government entities (albeit no higher than the level of Ministers).

Another impetus for the development of the Vietnamese legal system was the process of joining the WTO which was completed in 2007. The stringent requirements for WTO accession included a requirement that the legal system be adequate for a market economy. This prompted Vietnam to expand its legal framework in this direction, resulting in an enormous number of new laws being enacted and implemented.

Thus, in parallel with the development of a market economy, the Vietnamese legal system is on a one-way street towards a system of rule of law. Obviously, much more time is required for the system to become mature, for citizens and institutions to develop a law-abiding mentality and for a capable legal profession, judiciary and other necessary infrastructure to develop. However, there is no doubt that over the past 25 years, the Vietnamese legal system has irreversibly transformed itself for the better. It is now up to the Vietnamese Government and its people to continue taking their legal system forward so that it will become a system governed by the rule of law, serving for the benefit of Vietnam and those dealing with it.

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