Interpretation of Statutes at Vietnam
Here’s an overview of Interpretation of Statutes in Vietnam, focusing on how laws are interpreted and applied in the Vietnamese legal system:
⚖️ Legal System Context in Vietnam
Vietnam follows a civil law system influenced by socialist legal traditions.
The Constitution of the Socialist Republic of Vietnam (2013) is the supreme law.
Laws are codified, and interpretation is governed by legal codes and administrative guidelines.
📜 Principles of Statutory Interpretation
Literal Interpretation
The starting point is the ordinary meaning of the legal text.
Clear provisions are applied as written.
Contextual Interpretation
Laws are interpreted in the context of the entire legal system, including other relevant statutes.
Purposeful Interpretation
The interpretation aims to realize the purpose and objectives of the legislation.
The intent of the National Assembly and the legislator is considered.
Systematic Interpretation
The statute is interpreted harmoniously with the Constitution and other legal documents to maintain coherence.
Hierarchy of Norms
Interpretation respects the hierarchy, with the Constitution supreme, followed by laws, ordinances, and other subordinate regulations.
Avoidance of Contradiction and Absurdity
Interpretations avoid contradictions and outcomes that are unreasonable or illogical.
🏛️ Judicial Authorities
The Supreme People’s Court of Vietnam is the highest judicial body interpreting laws.
Local courts apply and interpret statutes within their jurisdictions.
Courts follow guidance from the Supreme People’s Court in interpreting laws consistently.
📚 Sources for Interpretation
Constitution of the Socialist Republic of Vietnam (2013)
Law on Promulgation of Legal Documents (guides legislative process and interpretation)
Statutes passed by the National Assembly
Decrees and Circulars from the Government and Ministries (provide interpretative guidance)
Judicial opinions from the Supreme People’s Court
RELATED Blog
comments