The legal system of Vanuatu
The most genuinely mixed system in the Pacific. Vanuatu was governed as an Anglo-French Condominium until 1980, and Article 95(2) of the Constitution continued BOTH British and French law in force until Parliament replaces it — so a court may be asked to apply an English statute of general application and a French code in the same jurisdiction. Article 47(1) directs judges to determine a matter according to substantial justice and, where possible, custom, when there is no applicable law. Land is the other defining feature: Article 73 vests all land in the indigenous custom owners, so there is no freehold and foreigners can hold only leases.
Legal tradition
Vanuatu belongs to the mixed common, civil and customary law tradition. The most genuinely mixed system in the Pacific. Vanuatu was governed as an Anglo-French Condominium until 1980, and Article 95(2) of the Constitution continued BOTH British and French law in force until Parliament replaces it — so a court may be asked to apply an English statute of general application and a French code in the same jurisdiction. Article 47(1) directs judges to determine a matter according to substantial justice and, where possible, custom, when there is no applicable law. Land is the other defining feature: Article 73 vests all land in the indigenous custom owners, so there is no freehold and foreigners can hold only leases.
How power is divided
Unitary with decentralised administration. Six provinces — Malampa, Penama, Sanma, Shefa, Tafea and Torba — have councils under the Decentralisation Act with delegated functions. Custom land management is decentralised much further, to area-level Custom Land Tribunals and nakamal-based decision-making under the Custom Land Management Act 2013.
Where law comes from
- The Constitution
- Supreme law; Article 2 voids inconsistent legislation.
- Acts of Parliament
- Unicameral Parliament of 52 members; laws are published in English and French.
- Custom
- The basis of land ownership under Article 74 and applied under Article 47(1) where no statute or rule covers the point.
- Continued British and French law
- Article 95(2) keeps pre-independence law of both metropolitan systems in force until replaced.
The legal profession
A fused profession regulated by the Legal Practitioners Act: practitioners are admitted by the Chief Justice and licensed by the Law Council. The University of the South Pacific's law school is in Port Vila, so many Pacific lawyers train in Vanuatu. Practitioners may need to work in Bislama, English or French depending on the client and the court file, and the Public Solicitor is a constitutional office rather than a discretionary aid scheme.
Law by topic in Vanuatu
- Tax LawNo personal or corporate income tax; VAT at 15%Vanuatu levies no personal income tax, no corporate income tax, no capital gains tax and no inheritance tax. Government revenue comes from VAT at 15%, customs duties, and licence and registration fees.
- Civil Procedure2002 Civil Procedure Rules with Island Courts applying customThe Civil Procedure Rules 2002 govern the Supreme Court, with Magistrates Courts below, Island Courts for custom matters, and the Court of Appeal as the final court.
- Family LawFamily Protection Act 2008 with custom marriage and Island CourtsMarriage under the Marriage Act with customary marriage recognised, divorce under the Matrimonial Causes Act, and a landmark domestic violence regime in the Family Protection Act 2008.
- Business & CorporateCompanies Act 2012 alongside an offshore international company regimeDomestic companies incorporate under the Companies Act 2012 through the Vanuatu Financial Services Commission, which also administers a separate international company regime used for offshore structuring.
- Constitutional Law1980 Constitution keeping both English and French law in forceThe atlas's clearest mixed jurisdiction. The Anglo-French condominium left both English common law and French civil law in force at independence in 1980, and the Constitution keeps both until replaced by Parliament.
- Property & LandAll land returned to custom owners in 1980; only leases for othersArticles 73 to 75 of the Constitution vested all land in the indigenous custom owners at independence. Nobody else can own land — non-indigenous persons and foreigners hold leases only.
- Criminal LawPenal Code Act with custom reconciliation relevant to sentenceThe Penal Code Act codifies offences and the Criminal Procedure Code governs process, prosecuted by the Public Prosecutor. There is no death penalty, and custom reconciliation may be taken into account on sentence.
- Immigration & NationalityImmigration Act 2010 plus a citizenship-by-investment programmeResidence permits under the Immigration Act 2010, with work permits from the Department of Labour — and one of the region's few active citizenship-by-investment programmes.
- Employment & LabourEmployment Act with severance allowance in place of unfair dismissalThe Employment Act sets minimum terms including a distinctive severance allowance, with work permits for non-citizens under separate legislation and disputes heard in the ordinary courts.
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