The Vietnamese legal system is influenced by both civil law traditions and socialist legal principles. As a result, its legal language incorporates both traditional Vietnamese elements and terms borrowed from other legal systems. Knowing these terms can help you understand legal documents, communicate effectively with legal professionals, and navigate the Vietnamese legal landscape more efficiently.
Key Legal Terms and Their Meanings
1. **Pháp luật** – **Law**
The term “pháp luật” is the general word for “law” in Vietnamese. It encompasses all legal rules and regulations that govern behavior within the country.
2. **Hiến pháp** – **Constitution**
“Hiến pháp” refers to the Constitution, the supreme law of the land in Vietnam. It outlines the fundamental principles and establishes the structure of the government.
3. **Luật sư** – **Lawyer**
A “luật sư” is a lawyer or attorney, a legal professional who represents clients in legal matters. They provide legal advice, draft legal documents, and advocate on behalf of their clients in court.
4. **Tòa án** – **Court**
The term “tòa án” refers to a court, the institution that adjudicates legal disputes and administers justice. Vietnam has several levels of courts, including district courts, provincial courts, and the Supreme Court.
5. **Thẩm phán** – **Judge**
A “thẩm phán” is a judge, an official who presides over court proceedings and makes decisions in legal cases. Judges play a crucial role in interpreting and applying the law.
6. **Luật** – **Law/Statute**
“Luật” can mean both law in a general sense and a specific statute or piece of legislation. For example, “Luật Hình sự” means “Criminal Law.”
7. **Quyền** – **Right**
The term “quyền” refers to a right or entitlement, something that individuals are legally allowed to do or have. For instance, “quyền tự do” means “freedom right.”
8. **Nghĩa vụ** – **Obligation/Duty**
“Nghĩa vụ” is the term for an obligation or duty, something that individuals are legally required to do. For example, “nghĩa vụ quân sự” means “military duty.”
9. **Tội phạm** – **Crime**
“Tội phạm” refers to a crime, an act or omission that constitutes an offense and is punishable by law. “Tội” is often used to describe a specific crime, such as “tội giết người” (murder).
10. **Hợp đồng** – **Contract**
A “hợp đồng” is a contract, a legally binding agreement between two or more parties. Contracts are fundamental in commercial transactions and personal agreements.
Understanding Legal Processes
1. **Khởi kiện** – **File a Lawsuit**
The term “khởi kiện” means to file a lawsuit or to bring a legal action against someone. This is the initial step in the litigation process.
2. **Bị cáo** – **Defendant**
“Bị cáo” refers to the defendant, the person or entity against whom a lawsuit is filed or who is accused of a crime.
3. **Nguyên đơn** – **Plaintiff**
The term “nguyên đơn” means the plaintiff, the person or entity who brings a lawsuit against another party in a court of law.
4. **Bằng chứng** – **Evidence**
“Bằng chứng” is the term for evidence, information, and materials presented in court to support or refute claims made by the parties involved.
5. **Phán quyết** – **Judgment**
The term “phán quyết” refers to a judgment or decision made by a court at the conclusion of a legal proceeding. It determines the outcome of the case.
6. **Kháng cáo** – **Appeal**
“Kháng cáo” means to appeal, the process of asking a higher court to review the decision made by a lower court.
Legal Entities and Documents
1. **Công ty** – **Company**
The term “công ty” refers to a company or corporation, a legal entity formed to conduct business. For example, “công ty trách nhiệm hữu hạn” (LLC) means “limited liability company.”
2. **Doanh nghiệp** – **Enterprise**
“Doanh nghiệp” is a general term for an enterprise or business entity. It encompasses various types of business organizations.
3. **Giấy phép** – **License**
A “giấy phép” is a license or permit, an official document granting permission to do something. For instance, “giấy phép kinh doanh” means “business license.”
4. **Giấy chứng nhận** – **Certificate**
“Giấy chứng nhận” refers to a certificate, an official document attesting to a fact or qualification. For example, “giấy chứng nhận đăng ký kinh doanh” means “business registration certificate.”
5. **Điều lệ** – **Charter/Bylaws**
The term “điều lệ” refers to the charter or bylaws of an organization, the rules governing the operation of a company or institution.
Criminal Law Terms
1. **Tội ác** – **Crime**
“Tội ác” is a general term for crime, often used interchangeably with “tội phạm.” It refers to an unlawful act punishable by the state.
2. **Hình sự** – **Criminal**
The term “hình sự” relates to criminal matters. For example, “luật hình sự” means “criminal law.”
3. **Tù nhân** – **Prisoner**
A “tù nhân” is a prisoner, someone who has been convicted of a crime and is serving a sentence in prison.
4. **Trại giam** – **Prison**
“Trại giam” refers to a prison, a facility where prisoners are held.
5. **Phạm tội** – **Commit a Crime**
The term “phạm tội” means to commit a crime. It is often used in legal contexts to describe the act of breaking the law.
Civil Law Terms
1. **Dân sự** – **Civil**
The term “dân sự” relates to civil matters, as opposed to criminal matters. For example, “luật dân sự” means “civil law.”
2. **Trách nhiệm** – **Responsibility/Liability**
“Trách nhiệm” refers to responsibility or liability. In legal contexts, it often denotes legal accountability for actions or omissions.
3. **Bồi thường** – **Compensation**
The term “bồi thường” means compensation, the payment given to someone in recognition of loss, injury, or suffering.
4. **Hợp pháp** – **Legal**
“Hợp pháp” refers to something that is legal or lawful. It denotes conformity with the law.
5. **Trái pháp luật** – **Illegal**
The term “trái pháp luật” means illegal, referring to actions or activities that are against the law.
Family Law Terms
1. **Hôn nhân** – **Marriage**
“Hôn nhân” refers to marriage, the legally or formally recognized union of two people.
2. **Ly hôn** – **Divorce**
The term “ly hôn” means divorce, the legal dissolution of a marriage by a court or other competent body.
3. **Giám hộ** – **Guardianship**
“Giám hộ” refers to guardianship, the legal responsibility of a guardian to care for another person, typically a minor.
4. **Con nuôi** – **Adopted Child**
“Con nuôi” means an adopted child, a child who has been legally taken into a family and raised as one’s own.
5. **Tài sản chung** – **Community Property**
The term “tài sản chung” refers to community property, assets acquired during a marriage that are considered jointly owned by both spouses.
Business and Commercial Law Terms
1. **Thương mại** – **Commerce**
“Thương mại” refers to commerce or trade, the activity of buying and selling goods and services.
2. **Cổ phần** – **Share/Stock**
The term “cổ phần” means share or stock, a unit of ownership in a company or financial asset.
3. **Cổ đông** – **Shareholder**
“Cổ đông” refers to a shareholder, an individual or entity that owns shares in a company.
4. **Hợp tác** – **Cooperation/Partnership**
The term “hợp tác” means cooperation or partnership, the act of working together for a common purpose.
5. **Đầu tư** – **Investment**
“Đầu tư” refers to investment, the act of allocating resources, usually money, with the expectation of generating an income or profit.
Intellectual Property Law Terms
1. **Sở hữu trí tuệ** – **Intellectual Property**
“Sở hữu trí tuệ” refers to intellectual property, creations of the mind for which exclusive rights are recognized under the law.
2. **Bằng sáng chế** – **Patent**
The term “bằng sáng chế” means patent, a government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
3. **Bản quyền** – **Copyright**
“Bản quyền” refers to copyright, the exclusive legal right, given to the creator of an original work, to print, publish, perform, film, or record literary, artistic, or musical material.
4. **Thương hiệu** – **Trademark**
The term “thương hiệu” means trademark, a recognizable sign, design, or expression that identifies products or services of a particular source from those of others.
5. **Bí mật thương mại** – **Trade Secret**
“Bí mật thương mại” refers to a trade secret, a type of confidential business information that provides an enterprise with a competitive edge.
Conclusion
Understanding these commonly used legal terms in the Vietnamese language can significantly enhance your ability to navigate legal documents, engage in legal discussions, and comprehend the Vietnamese legal system. Whether you are a legal professional, a businessperson, or simply someone interested in Vietnamese law, familiarity with these terms will be invaluable.
By building your vocabulary in this specialized area, you can ensure that you are better prepared for any legal challenges that may arise while living or working in Vietnam. Remember, the key to mastering any language, especially in a specialized field like law, is consistent practice and immersion. So, keep studying and practicing these terms, and you will find yourself becoming more confident and proficient in no time.
