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International Journal of
Law
ARCHIVES
VOL. 11, ISSUE 10 (2025)
Legal barriers in attracting Vietnamese diaspora legal experts: identification and proposed solutions
Authors
Dr. Nguyen Hai Yen, Nguyen Yen Linh
Abstract

Attracting legal experts of Vietnamese origin residing abroad is an important component of Vietnam’s judicial reform and deep international integration. Despite existing guidelines and encouraging policies, the actual engagement of this group remains modest. This article identifies key legal and policy barriers impeding the attraction of these experts, including inconsistencies in the current legal framework, complex administrative procedures, unclear mechanisms for recognition of foreign qualifications and professional experience, as well as limitations in remuneration policies and welfare guarantees.

Using qualitative analysis, the article combines statutory interpretation with a review of academic literature on overseas Vietnamese policies and the legal framework related to attracting diaspora legal experts. A comparative legal method is also employed to examine the experiences of countries such as South Korea, China, and Singapore—jurisdictions with large diaspora communities and relatively effective talent-attraction mechanisms.

This study seeks to answer: (1) What specific legal and policy barriers limit the participation of Vietnamese diaspora legal experts in judicial activities in Vietnam? (2) What international models and experiences could be adapted to the Vietnamese context? (3) What legal and institutional solutions are needed to strengthen engagement and effectively utilize this pool of expertise?

Based on an analysis of existing laws and comparative legal research, the article proposes several recommendations to improve the current framework toward greater transparency and flexibility. In particular, it recommends establishing a national focal agency dedicated to connecting and coordinating Vietnamese diaspora legal experts, designing diverse cooperation mechanisms (long-term, short-term, consultancy, or adjunct positions), and developing digital platforms to facilitate networking.
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Pages:168-172
How to cite this article:
Dr. Nguyen Hai Yen, Nguyen Yen Linh "Legal barriers in attracting Vietnamese diaspora legal experts: identification and proposed solutions ". International Journal of Law, Vol 11, Issue 10, 2025, Pages 168-172
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