Completing the legal framework for the night-time economy to align the interests of the government, businesses, and the community

Abstract

The night-time economy is emerging as an important direction for expanding development space, increasing fiscal revenues, creating jobs and enhancing urban image in Viet Nam. Based on the National Night-Time Economy Development Scheme approved under Decision No. 1129/QD-TTg (2020), many localities have piloted pedestrian streets, night markets, food courts and leisure districts operating late into the night. Alongside its economic potential, however, the night-time economy also raises complex legal issues relating to public order, social safety, environmental protection and the safeguarding of the rights and legitimate interests of residents living in areas with intensive night-time activities, thereby requiring a careful balancing of the interests of the State, businesses and communities. Adopting a public law and economic law perspective, this article analyses the current legal and policy framework governing the night-time economy, identifies key gaps and inconsistencies in the existing legal architecture, and proposes directions for reform. Drawing on selected international experiences, the article argues that a unified legal framework, combined with spatial zoning of night-time economy areas, institutionalised community consultation, effective inter-agency coordination and tailored standards on noise, safety and environment, is essential for ensuring sustainable development of the night-time economy and a fair distribution of benefits among stakeholders.