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Article

Open Access

The Development and Application of Customary Law in Vietnam: Perspectives and Challenges

Author(s)

Manh Thang Nguyen

Full-Text PDF Download XML 955 Views

DOI:10.17265/1548-6591/2017.04.003

Affiliation(s)

Vietnam National University, Hanoi, Vietnam

ABSTRACT

Customs have long been considered to be one of the main sources of law both domestically and internationally, even the earliest source recognized. Its validity and status derives from a prolonged, consistent, and stable usage and adherence of certain community, being local or professional one. In Vietnam, customs are of secondary importance only after written laws enacted by state authorities. Part of the reasons is attributable to the diversity of cultures and ethnic minorities who still respect and apply their own customs to the daily civil relations. Other reason is because of the deeper integration of Vietnam into international commerce where long upheld commercial customs play an important role. This leads to the codification of customs into a wide range of domestic statutes and delegated legislation. However, the development and codification of customs in Vietnam also faces a number of challenges which threaten a sound and meaningful application.

KEYWORDS

customary law, sources of law, Vietnam, civil law, commercial law

Cite this paper

Journal of US-China Public Administration, April 2017, Vol. 14, No. 4, 210-220

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