Frontiers of Law, Political Science and Art

The changes of administrative law in Vietnam from central planned to the socialist-oriented open market economy

Abstract


Phan Thi Lan Huong and Nguyen Thi Thuy*

Since introducing the Doi Moi policy in 1996, Vietnam has embarked on a socialist-oriented market economy. The government has changed its role in public administration to meet the requirement of open market rules. Hence Vietnam has carried out administrative reforms to change its approach to serve people. Administrative law plays a crucial role in promoting rule of law state and good governance. However, Vietnam still faces many difficulties in promoting an accountable and transparent public administrative system. Individuals and organizations (business sectors) have not yet been satisfied with public services delivered by administrative agencies. Corruption remains a critical issue in Vietnam. In addition, administrative law has not yet developed comprehensively and consistently. Vietnam has struggled to reform local government, to control abused power and corruption, and to reform administrative procedures since the 1990s. It is essential to review the changes in administrative law enables to understand how it responds to open market standards.

The question remains as such how administrative laws have been changed to meet requirements of rule of law state and good governance in globalization and integration period. This paper will examine the key areas of administrative law including (i) Organization and operation of the administrative system; (ii) Public service delivery; (iii) Public participation; and (iv) Administrative dispute settlement mechanism. Hence, the solutions for reforming administrative law will be identified basing on current issues of these areas.

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