LEGAL INTERPRETATION IN VIETNAM: LIMITATIONS AND SOLUTIONS

Abstract

In Vietnam, legal interpretation has traditionally been the responsibility of legislative bodies. Only recently have courts been given the authority to interpret the law in the course of its application. The Standing Committee of the National Assembly, however, provides very limited guidance, and judicial interpretation remains underdeveloped due to the lack of a comprehensive legal framework. At the same time, legal interpretation is carried out by various actors, including the Government, ministries, and committees responsible for drafting or implementing legal documents. This fragmented practice creates inconsistencies between statutory provisions, their enforcement, and the practical need for authoritative interpretation. As a result, the effectiveness and accountability of the courts are undermined, the legitimate rights and interests of individuals may be affected, and the broader goals of judicial reform aimed at consolidating the rule of law are hindered. Current challenges concern public perceptions, legal provisions on competent authorities and subjects, and procedural mechanisms. Reforming legal interpretation is therefore essential, with a focus on improving the legal framework and the quality of judicial interpretation to strengthen court effectiveness, enhance accountability, and reduce the risk of overreach by other actors.