This Country Profile provides a basic overview of the legal history and institutional structures of the Socialist Republic of Vietnam (Cong Hoa Xa Hoi Chu Nghia Viet Nam), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Vietnam's Constitution, Islamic law (sharīʿa or fiqh) has no legal status.
Country Background
Vietnam is located in Southeast Asia, bordering the Gulf of Thailand, Gulf of Tonkin, and South China Sea. It is bounded by China, Laos, and Cambodia. The capital of Vietnam is Hanoi. The official language is Vietnamese. The country’s population in 2017 was approximately 96.2 million. Vietnam is a predominantly non-religious country, with about 82% of the population not being affiliated with any particular religion.
Constitution & Legal Structure
After Vietnam declared its independence in 1945 (under the name Democratic Republic of Vietnam), a nine year long war ensued with France until French forces were defeated in 1954 during the Dien Bien Phu campaign. The Geneva Accord 1954 temporarily divided the country into two parts: The Democratic Republic of Vietnam in the north and the Republic of Viet Nam in the south. After over two decades of war between the two halves, the north took over in 1975. Thus, the country was fully reunited and later renamed the Socialist Republic of Vietnam.
Vietnam is officially referred to as a communist state, and is one of four communist states in the world today. Vietnam is a one-party state under the control of the Communist Party of Vietnam. Since the adoption of Vietnam's Constitution in 1980, the Communist Party of Vietnam has had a central role in shaping the country's policies and legal system, and controls almost all aspects of the government and social system. The system of government is based on principles of separation and checks and balances and has three branches: legislative, executive, and judicial. The highest authority of the Communist Party of Vietnam is its National Congress, which meets once every 5 years. The legal system of Vietnam is a civil law system reminiscent of European-style civil law.
Constitutional Status of Islamic Law
Islamic law has no constitutional status in Vietnam.
Jurisdiction(s) of Islamic Law
Islamic law has no official jurisdiction of operation in Vietnam.
Dominant School of Islamic Law
Vietnam has no official school of Islamic law.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].