What “Flexibility” Really Means in Administrative Procedure: Beyond Mere Compliance

I would like to share an anecdote from the field that is, in many ways, quintessentially Vietnamese. It illustrates how many problems encountered in administrative procedures stem not from the law itself, but from how the underlying system is operated.

01 - The contradiction of “the law permits it, but the application cannot be filed”
One of our clients, a medical institution, was seeking to apply for a practicing license for a foreign doctor. Another consulting firm had already turned the matter down, saying, “The procedure has been fully digitized, but since the system was not built to accommodate foreigners, filing the application is simply not possible.” However, upon reviewing the law, we found that foreign doctors are clearly permitted to obtain such licenses — there was no legal obstacle whatsoever.

02 - The real problem: a system designed exclusively for Vietnamese nationals
When we actually operated the online portal ourselves, we found that entering a passport number or an overseas address triggered an error. The system had simply been designed to accept only Vietnamese-format personal information.

03 - A practical solution: engaging outside the system
We provisionally entered the information of one of our Vietnamese staff members into the online portal to obtain a receipt number, then went to the counter in person, submitted the full set of official paper documents, candidly explained the situation, and engaged in repeated dialogue with the responsible officer. As a result, the authority accepted our approach as “reasonable,” and the procedure was completed successfully.

04 - The lesson from this case: flexibility does not equal illegality
Not every technical inconsistency automatically amounts to a violation of law. What matters is accurately understanding the legal substance of the procedure, distinguishing between what is a genuine statutory requirement and what is merely a system-level constraint, and — where necessary — offering reasonable, good-faith explanations and adjustments.

A note from practice: when told “the system won't allow it,” do not stop there. What matters is engaging directly with the responsible officials and working together to find a solution that completes the procedure in a manner consistent with the underlying purpose of the law.