2025-12-12 –, Room05
Judicial review of administrative actions remains a relatively young and evolving field in Vietnam, a country with a socialist legal system. In the context of global constitutionalism and the widespread influence of the doctrine of precedent (stare decisis), Vietnam officially recognized precedents as a source of law in 2015. This article focuses on administrative precedents—those derived from administrative litigation cases—in Vietnam. Administrative precedents represent a unique category, shaped by the characteristics of administrative law and the mission of administrative litigation law. Administrative precedents embody the characteristics of precedents in Vietnam - a new and distinct form of precedent compared to the doctrines of precedent in Common Law and Civil Law systems. These characteristics are shaped by the political regime under the leadership of the Communist Party of Vietnam, the requirement for legality in a socialist rule-of-law state, and the principle of democratic centralism.
By analyzing four currently effective administrative precedents in Vietnamese administrative litigation, from a comparative perspective with various Common Law and Civil Law jurisdictions, the article uncovers the underlying philosophies behind the development of administrative precedents in Vietnam. It also raises two critical questions: (i) Over nearly a decade, what values have administrative precedents contributed, and how effectively have they been applied in judicial practice in Vietnam? (ii) What key objectives should Vietnam pursue to address fundamental challenges in the development and application of administrative precedents? The authors highlight the significant impact of administrative precedents in enhancing the effectiveness of state power control. This study further suggests foundational issues for the future development of administrative precedents in Vietnam.
Keywords: socialist rule-of-law state, socialist precedent, administrative precedent, administrative litigation, judicial review, law and politics
University of Law, Vietnam National University Hanoi
Role in the Panel:Paper Presenter
Co-author 1 Name:Dat T. Bui
Co-author 1 Affiliation:Associate Professor, University of Law, Vietnam National University Hanoi
Co-author 2 Name:Nga Thi Vu
Co-author 2 Affiliation:PhD candidate, University of Law, Vietnam National University Hanoi
