How Similar are the United States and Vietnam’s Legal Systems?
- WULR Team
- Feb 10
- 3 min read
A Historical and Modern-Day Analysis
Published February 10 2025
Analysis by Evan Randle
The tragic history of the relationship between the United States and Vietnam has been covered extensively, though few people truly recognize how much the Vietnamese initially admired the American experiment. During a speech delivered at the culmination of the August Revolution, Ho Chi Minh–the leader of the uprising and soon-to-be Prime Minister of the new North Vietnam–drew his language directly from the American Declaration of Independence: “All peoples on earth are equal from birth, all peoples have a right to live, be happy, and free” (1). When American planes flew over the crowd, many interpreted them as a sign of solidarity (2). The U.S. and Vietnam’s relationship has changed drastically and in various ways since. An observation of Vietnam’s legal history partially reveals the trajectory of this relationship, though it more importantly highlights the threats Vietnamese citizens face in their contemporary society. During the last seven decades, the Vietnamese legal system has been staunchly anti-American, somewhat open to reform, and now theoretically–but rarely practically–resembling the United States.
South Vietnam adopted many American legal traditions during the Vietnam War, though its reunification with North Vietnam marked the fall of this system. In the early 1960s, the French legal system of South Vietnam was supplemented by American legal advisors as they began playing a heavy role in the nation’s politics (3). This era saw the adoption of a constitutional framework including the separation of powers and numerous legal exchange students between the United States and South Vietnam (4). Even though only half or so of the Vietnamese people lived in a legal system inspired by the United States, those within South Vietnam saw the rule of law become decidedly more American. This system of pseudo-American law, however, suddenly expired after the reunification of North and South Vietnam. While life for the North Vietnamese did not dramatically change, those who lived in South Vietnam experienced yet another legal transformation as this newly reunified nation modeled its system after the Soviet Union (5). This era of authoritarian rule of law lasted until the 1990s, when some reforms bubbled to Vietnam’s surface.
The Vietnamese legal system experienced diverse reform attempts during the 1990s. During this period, the United Nations Development Programme (UNDP), consisting of Western nations such as Canada and Sweden, directly worked with the Vietnamese government to modify its legal system (6). The United States also became involved in 1994, when a menagerie of American organizations–federal and non-profit–worked to overcome their poor reputation (associated with the Vietnam War) and implement legal reforms (7). Though the United States was only one of many nations attempting to change the law within Vietnam during this era, Vietnam’s cooperation–even if reluctant–marked a potential shift in how its legal system would conduct itself. Unfortunately, this shift appears to have poorly translated into the modern era.
The modern legal system in Vietnam shares some qualities with the United States, yet still largely represents an authoritarian nation. Under current Vietnamese criminal law, authorities are theoretically required to inform defendants of their rights (including their right to counsel) and are prohibited from searching homes without a warrant (8). These limitations on state power seem remarkably similar to the United States system, but they are rarely upheld in practice. Authorities routinely deny timely access to legal counsel and often intrude upon homes without warrants (through threats or other forms of coercion), while political cases rarely permit defendants to exercise any rights at all (9). These findings paint the picture of a system vaguely inspired by American law yet deeply oppressive in its execution.
Whether or not the United States can be held responsible for Vietnam’s shift away from an American-style legal system or even the few similarities it shares is up to much debate. What the legal history of Vietnam does suggest, however, is that a nation’s openness to reform does not necessarily imply that said reforms will be utilized in practice. For Vietnamese citizens to be truly protected by the law, activists must demand its legal system perform as written.
Bradley, Mark Philip. Imagining Vietnam and America: The Making of Postcolonial Vietnam, 1919-1950. University of North Carolina Press, 2000.
Ibid.
Rose, Carol V. “The ‘New’ Law and Development Movement in the Post-Cold War Era: A Vietnam Case Study.” Law & Society Review 32, no. 1 (1998): 97. https://doi.org/10.2307/827750.
Ibid.
Ibid.
Ibid, 107.
Ibid, 115-118.
U.S. Department of State. “2022 Country Reports on Human Rights Practices: Vietnam.” Accessed November 10, 2024. https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/vietnam/.
Ibid.
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