International Law in Vietnam: Examining a Hybrid Model of Monism and Dualism

Abstract

This article examines the application of international law in Vietnam from a Vietnamese perspective, contributing to the ongoing debate over whether states adopt a monist or dualist orientation, particularly in developing countries, from a non-Eurocentric perspective. Drawing on constitutional and legislative analysis, case law review, and an examination of secondary legal scholarship through a qualitative methodology, the study finds that Vietnam operates under a hybrid model. While the constitutional and statutory framework formally endorses the supremacy of treaties and enables the direct application of international treaties, judicial and enforcement practices remain uneven. Direct application occurs predominantly in economic and commercial matters, where courts and arbitral tribunals rely on treaties and international commercial instruments. By contrast, human rights and governance-related treaties are treated in a dualist manner and require implementing legislation. The article contributes to an understanding of Vietnam’s evolving legal architecture by revealing a system that leans toward monism in legal theory but remains constrained by institutional conservatism and limited judicial capacity in practice. It further highlights the implications of this hybrid model for Vietnam’s treaty compliance, judicial reform, and future engagement with international law, as well as its broader relevance for other developing countries.