Sources of Law
Legal Normative Documents
The legal normative documents are the primary, fundamental and most important source of law in Vietnam.
The system of legal normative documents consists of the following:
– Legislation (Constitution, Acts, Resolutions of the National Assembly);
– Ordinance, Resolution of the Permanent Committee of National Assembly;
– Orders, Decisions of the State President;
– Decrees of Government;
– Decisions’ of the Prime Minister;
– Resolutions of the Justices Council of the Supreme People’s Court and the Circulars of the Chief Justice;
– Circulars of the President of the Supreme People’s Procuracy;
– Circulars of Ministers or Heads of Ministry-equivalent Agencies;
– Decisions of the State Auditor General;
– Joint Resolutions of the Permanent Committee of National Assembly or the Government and the central offices of socio-political organizations;
– Joint Circulars of the Chief Justice of the Supreme People’s Court and the President of the Supreme People’s Procuracy; those of Ministers or Heads of Ministry-equivalent Agencies and the Chief Justice, President of the Supreme People’s Procuracy, those of Ministers or Heads of Ministry-equivalent Agencies;
– Legal documents of Local People Councils and People Committees.
In cases where a legal document and a treaty to which the Socialist Republic of Vietnam is a party, contains different provisions on the same matter, the provisions of the treaty shall prevail.
Customs are norms having the clear content to define rights and obligations of individuals and legal entities in a certain civil relation, which were constituted and iterated over a long time, and were recognised and applied widely in a region or area by an ethnic group or community or in a civil field.