New directions and trends

Vietnam is clearly heading towards becoming a society ruled by law. This is urgently needed in order for its economy to develop and integrate into the global arena. For that reason, the Vietnamese Government and the Communist Party are strongly determined to create a society ruled by law, albeit in a �socialist direction' and �under state management'.

The past 25 years have seen tremendous efforts by the Vietnamese Govern­ment to transform the society from one in which the notion of law used to be almost non-existent into one in which law is starting to take precedence. Enormous investments have been made in creating the necessary infrastructure, including a comprehensive system of laws, one that regulates almost every aspect and activity in the society. However, a massive system of legal instruments itself does notnecessarilylead to a society ruled by law. Areal legal system, or, in other words, a real society governed by law, needs more substance. It requires a strong legal profession (starting with strong law schools), a capable and respected judi­ciary and, above all, a Government and population that are prepared to abide by the law to the letter. These will form the substance which will give life to the massive system of legal instruments that Vietnam has created. Compared to the enactment of legal instruments, these are the tasks which will take much more time, determination and skill. It requires a strong political will by a dedicated Government and responsible population who are together determined to create a system governed by the rule of law.

It is difficult to predict when Vietnam is going to achieve full rule of law. While Vietnam has concrete plans to �complete its legal framework', it does not seem to have any real master plan to bring its law schools, the legal profession and the judiciary up to standard to match such a �legal framework'.

In short, the reality is that Vietnam is progressing towards a society ruled by law, although at a slow pace. The law-making process, its increasing trans­parency and community participation have resulted in a much stronger legal consciousness on the part of the Government and citizens alike. Now, a legal basis is expected to be given to justify any action. The correct process as pre­scribed by law is expected to be followed in all circumstances. In other words, slowly but firmly, a law-abiding culture is being developed. At the same time, the legal profession is growing, which at some point will put enough pressure on law schools to change themselves. Finally, the judiciary itself also appreci­ates the need for change and at some point will, with the political will from the Government and the Communist Party, bring about the needed changes.

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