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Bridging the gap between the law in books and the law in action for better utilization of Vietnam’ new-generation FTAS

Co-author(s)
Hoang Thi Minh Hang, Ngo Hoang Quynh Anh, Pham Thi Hien Minh

By the end of August 2023, 15 FTAs to which Vietnam is a party are still in effect, of which 4 are so-called new-generation FTAs. Having these treaty texts signed and ratified, i.e. having the law in books, is not enough; it is just the necessary condition. More importantly, the agreements need to be put in practice, i.e. having the law in action. Given the short time span post their entry into force, their implementation and enforcement may fall well behind. By adopting the socio-legal methodology, this article aims to provide suggestions for Vietnam to better exploit its new-generation FTAs by means of narrowing the gaps between the two laws at issue. In particular, it addresses the following questions of (i) what is the gap between the law in books and the law in action in the four new-generation FTAs concluded by Vietnam, (ii) what are empirical examples of such gaps, (iii) why are those gaps? and (iv) how to bridge the gap inter se?