Minh Tuan Nguyen
Associate Professor and Acting Dean of the Faculty of Theory, History of State and Law, University of Law, Vietnam National University, Hanoi, Vietnam
https://orcid.org/0009-0007-0650-986X
Thi My Hanh Dang
Master of law of the Faculty of Theory, History of State and Law, University of Law, Vietnam National University, Hanoi, Vietnam
https://orcid.org/0009-0008-6755-4880
Vol. 13 No. 3 (2025): Winter Edition (In Press)
DOI: https://doi.org/10.15408/jch.v13i3.46850
Abstract:
This article analyzes Vietnam’s regulatory mechanisms for legal ethics using institutional theory and comparative legal analysis. It explores how ethical standards can move beyond aspirational guidelines to become enforceable norms within a modern rule-of-law system. Applying a normative-analytical approach and case studies from Germany, the UK, the US, and Australia, the study identifies four core pillars of an effective mechanism: (i) ethical standards, (ii) independent supervisory institutions, (iii) transparent disciplinary procedures, and (iv) public accountability. Findings show Vietnam’s framework remains fragmented, administratively dependent, and lacks independent oversight and public participation. Ethical codes are non-binding, while enforcement is internalized, compromising transparency and trust. The article proposes five reforms: interdisciplinary ethical codes, partial legal codification, independent ethics committees, public feedback mechanisms, and situational ethics education. Together, these aim to build a dynamic governance system supporting integrity and accountability in legal practice. This research contributes to debates on regulatory governance in transitional legal systems and offers insights for designing context-sensitive, enforceable ethical frameworks.
Keywords: Legal ethics, regulatory governance, disciplinary systems, institutional accountability, comparative law