The court system in the fight against corruption in Vietnam: Traditional problems and new challenges from free trade agreements

Abstract

This paper tackles the question of how the current court system of Vietnam can contribute to fighting against corruption in the country. The authors provide an overview of the role of the court system in anti-corruption as well as several traditional problems that weaken its power in curbing corruption. The court system also faces new challenges raised by free trade agreements as a result of development progress. Based on the current situation, the authors argue that although there have been many attempts to reform the court system of Vietnam, the ability to prevent corruption in the court system in the coming years will remain weak. The situation has been explained by the separation of power in Vietnam and the influence of the Communist Party of Vietnam. The authors agree with these arguments but also provide new reasons such as cultural background, integrity of judges, and incorrect understanding of the core principles. They hope that this paper will help to provide a clearer vision of the role of the Vietnamese court system in general as well as of the anti-corruption fight.