ABSTRACT

Legal transformation in North Vietnam called for the methodical substitution of ancient customary and colonial rules with ‘rational, progressive socialist legislation’. Prior to French colonization, Vietnamese law was principally derived from localized versions of Chinese imperial codes and domestic village practices. Private international law provisions in the Civil Code 1995, assess the legal capacity of foreign juridical entities according to the laws of their country of incorporation. Different regulatory authorities preside over the two procedural steps governing incorporation. The legal institutionalization of the principles of doi moi and private rights over income-producing property eventually came with the enactment of the 1992 Constitution. Despite continuing drafting and procedural deficiencies, the basic regulatory framework is nearing completion. According to Vietnam’s Constitution of 1992 the state is divided into five arms. They are the National Assembly, the president, the People’s Procuracy, the People’s Courts and the government.