Development of administrative law in globalization and integration period: a case study of Viet Nam

• Main Author: Phan, Nguyen, Huy Binh Thi Lan Huong
• Other Authors: Asian constitutional law recent developments and trends : Vietnam, Hanoi, 6th and 7th December 2019. Volume 1
• Format: Conference or Workshop Item
• Language: Vietnamese
• Published: Đại học Quốc Gia Hà Nội 2020
• Subjects: Administrative law; Globalization; Viet Nam
• Online Access: http://repository.vnu.edu.vn/handle/VNU_123/94715
• Institution: Vietnam National University, Hanoi

Administrative law is not purely a domestic law of a country. In the globalization and integration period, every nation must reform its legal system in response to international standards. Entering the 21st century, globalization has brought about stronger competition in business and put pressure on governments to develop economic, political and social conditions in which the private sector can compete more effectively. Globalization and its influences require governments to change and respond to rapid economic, social, political and technological trends. In addition, people’s increasing dissatisfaction with government functions and services provided by the administrative apparatus also requires governments to reform their administrative law. In particular, “good governance” and rule of law state have been introduced as key standards for developing countries that are in the process of reforming public administration.Vietnam has carried out administrative reforms since the 1990s with the main focus on building an effective, efficient, strong, and transparent government. Therefore, it is a good example for studying the influences of globalization and integration on administrative law. This paper aims at answering the following questions: (1) How is administrative law of a country influenced by globalization; (2) What are global standards of administrative law; and (3) How to reform administrative law in the case of Vietnam? This paper first analyses administrative reform in Vietnam, then identifies the gaps of administrative law in comparison with international standards, including good governance and rule of law state. Specifically, this paper focuses on current issues of the public servants, of administrative procedures, and corruption control as the three main areas of administrative law in comparison with international standards for analysing the influence of globalization and integration.