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?
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