ADMINISTRATIVE SOFT LAW IN VIETNAM AND THE EU: A COMPARATIVE ANALYSIS OF IMPLICATIONS FOR TRANSPARENCY, ACCOUNTABILITY, AND PREDICTABILITY IN REGULATORY ENVIRONMENT

Abstract

This paper compares administrative soft law systems in Vietnam and the European Union, examining how these non-binding yet influential instruments affect transparency, accountability, and predictability in governance. Administrative soft law—instruments lacking formal legal force but significantly shaping administrative practice—has become essential for modern regulatory systems struggling with complexity and rapid change. Vietnam primarily uses official dispatch (công văn) that exist in legal gray areas outside formal normative document hierarchies, while the EU has developed systematic approaches with explicit recognition in primary law and sophisticated judicial oversight mechanisms. The analysis reveals that Vietnam's hierarchical system creates strong de facto binding effects through administrative culture and democratic centralism principles, whereas EU soft law derives influence from expertise, legitimate expectations, and what scholars term "hybridity" between hard and soft law. Key findings show Vietnam faces transparency challenges due to limited publication requirements and opaque creation processes, while the EU demonstrates stronger accountability through judicial oversight and established review mechanisms. The study proposes comprehensive reforms including centralized publication portals, stakeholder consultation procedures, and clearer legal status frameworks. These recommendations aim to enhance regulatory predictability while preserving flexibility in Vietnam's evolving economic context, particularly relevant for international integration commitments under the EU-Vietnam Free Trade Agreement.