Administrative Court Model and Jurisdiction in Vietnam
Foreign Experiences and New Challenges
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The Model and Jurisdiction of Administrative Division Courts (ADCs) in Vietnam over the past ten years have revealed many defects that fail to fulfill the requirements of the Rule Of Law (ROL) and Judicial Independence as well as performed Judicial Reform Strategy up to 2020 as promoted by Vietnamese Leadership. The existing ADCs Model is not an ideal model for protecting individuals and entities including foreign partners from malpractices of administration. The reform of ADCs Model today needs to be conducted concurrently with the transplanting of an Informal Institution of the ROL, in line ...
The Model and Jurisdiction of Administrative Division Courts (ADCs) in Vietnam over the past ten years have revealed many defects that fail to fulfill the requirements of the Rule Of Law (ROL) and Judicial Independence as well as performed Judicial Reform Strategy up to 2020 as promoted by Vietnamese Leadership. The existing ADCs Model is not an ideal model for protecting individuals and entities including foreign partners from malpractices of administration. The reform of ADCs Model today needs to be conducted concurrently with the transplanting of an Informal Institution of the ROL, in line with civil law thinking, to achieve the harmonization and democratic values set forth by State governed by the ROL of Vietnam. To reform the Vietnamese administrative law review system, it is necessary to approach the basic theory and paradigm, particularly those relative to the mechanism of institutional change under the view of economic study. This reform should be gradualist and a continuous learning process.
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