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The
Communist Party
Article 4 of the Constitution of the Socialist
Republic of Vietnam stipulates the role of the
Communist Party of Vietnam as follows: "The
Communist Party of Vietnam, the vanguard of the
Vietnamese working class, the faithful
representative of the rights and interests of
the working class, the toiling people and the
whole nation, acting upon the Marxist-Leninist
doctrine and Ho Chi Minh’s thought, is the
force which leads the State and the society. All
organizations of the Party operate within the
framework of the Constitution and law".
In
fact, since its birth in 1930, the Communist
Party of Vietnam has organised and led the
nation to every victory of Vietnam. In 1945, the
Communist Party led the people in the August
Revolution and established the Democratic
Republic of Vietnam (the Socialist Republic of
Vietnam today). In 1954, after nine years of
struggling against French aggression, the Party
gained administrative control over half of
Vietnam. From 1954 to 1975, the Communist Party
led the people in the construction of the new
system in the North, in the struggle against US
aggression in the whole country and the
liberation of the South in 1975, the unification
of the country in 1976. In 1986, the Communist
Party initiated and led the cause of "Doimoi"
(Renovation) and since then has achieved many
successes and improved the image of Vietnam. In
1996, the Communist Party initiated
industrialization and modernization aimed at
making Vietnam an industrialized country in the
year 2020.
Democratic centralism is the principle governing
the organization and activity of the Communist
Party of Vietnam. The supreme power is the
National Congress, which meets every five years.
The Assembly elects the Central Committee. The
Central Committee elects the Politburo. The
Politburo appoints the General Secretary. The
highest position in the Party is the Party
Chairman (which was held by Ho Chi Minh, but is
not maintained today). General Secretary or
First Secretary follows it. The first General
Secretary of the Communist Party of Vietnam was
Tran Phu. The present General Secretary is Le
Kha Phieu. Every Vietnamese citizen if
voluntarily joins the Party and has all
qualities that the Party requires will be
admitted. However, the new Party member has to
experience a time of probation, lasting for at
least one year, before having the right to vote,
elect and stand for election in the Party. The
Communist Party of Vietnam has had 8 National
Congresses. The 8th Congress was held in June
1996. At the time being, Vietnam Communist Party
has over two millions members.
The State system
The National Assembly:
The National Assembly is the highest
representative organ of the people, the highest
organ of state power of the Socialist Republic
of Vietnam.
a. Obligations: Constitutional
and legislative; decides the basic domestic and
foreign policies, the socio-economic tasks,
national defense and security issues, the major
principles governing the State machinery, the
social relations and activities of citizens. The
Constitution of the Socialist Republic of
Vietnam notes that the National Assembly has 14
major obligations (Article 84)
b. The National Assembly Deputy:
is a Vietnamese citizen, 21 years or older, has
knowledge and ability, is elected by voters. The
National Assembly Representative has the duty to
participate in the National Assembly sessions,
has the right to present draft of law, draft of
decree-law to the National Assembly, the
National Assembly Standing Committee, has the
right to question the country’s President, the
Chairman of the National Assembly, the Prime
Minister, the Tribunal President of the
People’s Supreme Court, the Head of the
Supreme People’s Procuracy.
The National Assembly representative has to have
close contact with voters and accept the
supervision of voters.
c. Chairman and Vice Chairmen of the
National Assembly: are National
Assembly deputies, elected by the National
Assembly at the first session of each National
Assembly. The Vice-Chairmen of the National
Assembly are assistants of the Chairman
according to the allotment of the Chairman.
d.
The Functional Committees of the National
Assembly: consists of the Law Committee, the
Economic and Budget Committee, the Committee of
National Defense and Security, the Committee of
Foreign Affairs and the National Assembly
Cabinet. The Committees have their Directors,
Vice-Directors and other members.
e.
The Tenure of the National Assembly: is 5 years,
through 2 annual sessions. Besides, when so
required by the country’s President, the Prime
Minister, or at least one-third of the total
membership of the National Assembly, the
Standing Committee may convene an extraordinary
session of the National Assembly.
f.
The National Assembly Standing Committee: is the
permanent organ between the 2 sessions of the
National Assembly. It has the right to exercise
supervision and control over the implementation
of the Constitution, laws, resolutions of the
National Assembly, decree-laws, resolutions of
the National Assembly Standing Committee; over
the activities of the Government, the Supreme
Court and the Supreme People's Procuracy. It
specializes on promulgating decree-laws,
explaining the Constitution, laws and
decree-laws.
The Country's President: is the
Head of State, elected by the National Assembly
from among its members to represent the
Socialist Republic of Vietnam in internal and
foreign affairs. The Constitution of the
Socialist Republic of Vietnam notes that the
President has 12 rights (Article 103), the most
important are as follows:
- To promulgate the Constitution, laws and
decree-laws.
- To be the commander-in-chief of the people’s
armed forces and the Chairman of the National
Defense and Security Council.
- To propose the National Assembly to elect or
sack the Vice President of the country, the
Prime Minister, the Tribunal President of the
Supreme Court, the Head of the Supreme People's
Procuracy. Working beside the President there
are: the Vice President, the National Defense
and Security Council, the President Cabinet.
- The Vice President: is proposed by the
President and elected by the National Assembly
from the representatives; the Vice President
assists the President to complete his tasks and
may be delegated by the President to perform
certain tasks or be the acting President.
- The National Defense and Security Council: has
the duty to mobilize all forces and potentials
of the country to defend the Homeland. The
National Defense and Security Council comprises
the President, Vice President and other members.
The Government: is the
executive organ of the National Assembly, the
highest organ of State administration of the
Socialist Republic of Vietnam.
- The Government is accountable to the National
Assembly and shall make its reports to the
National Assembly, the National Assembly
Standing Committee and the country’s
President.
- The Government consists of the Prime Minister,
Deputy Prime Ministers, Ministers and Heads of
organs at ministerial level.
- The Prime Minister is presented by the
President, elected and sacked by the National
Assembly and has the tenure of 5 years.
- The Deputy Prime Ministers who are proposed to
be recognized by the Prime Ministers, are the
assistants of the Prime Minister and may be
delegated by the Prime Minister during his
absence.
- The Ministers and Heads of organs at
ministerial levels take on the State management
of allotted branches or fields.
The People's Supreme Court: is
the highest judicial organ of the Socialist
Republic of Vietnam.
- The court consists of the Tribunal President,
Vice Tribunal President, judges, the juror and
the secretary of the court.
- The court is composed of the Judge Council,
Judge Committee, the Central military court and
criminal court, civilian court, the court of
appeal and the assistant apparatus.
- The tenure is 5 years.
- The Tribunal President of the People’s
Supreme Court is elected and sacked by the
National Assembly. The Vice Tribunal President
and judges are appointed and sacked by the
country’s President according to the proposal
of the Tribunal President. The National Assembly
Standing Committee according to the proposal of
the Central Committee of the Vietnam's
Fatherland Front appoints the people's juror of
the People's Supreme Court.
- The Court shall hold its hearing publicly,
independently and only obey the law.
- The Court judges collectively, with the
participation of the people’s juror and
decides according to the majority.
The Supreme People's Procuracy:
supervises and controls the obedience to the law
of the Ministries, organs at ministerial level,
other organs belonging to the Government, local
administrative organs, economic organizations,
social organizations, arm forces and citizens;
exercises the right of prosecution, ensure the
strict and united implementation of law.
The
Supreme People's Procuracy consists of:
- The Head: is proposed by the President,
elected and sacked by the National Assembly.
- The Deputy Heads, procurators and
investigators: are appointed and sacked by the
President according to the proposal of the Head
of the supreme people's procuracy..
The local apparatus organization:
a. The People’s Council:
- The People’s Council of provinces and cities
under direct central rule.
- The People’s Council of districts.
- The People’s Council of provincial cities,
towns and districts.
- The People’s Council of communes, wards and
townlets.
b. The People’s Committee:
- The People’s Committee of provinces and
equivalent level: consists of services,
committees, other organs belonging to the
People’s Committee and the People’s
Committee office.
- The People’s Committee of districts and
equivalent level: consists of offices, services,
other organs belonging to the People’s
Committee and the People’s Committee office.
- The People’s Committee of villages and
equivalent level: Consists of services and
offices.
c. The local People’s Court:
- The Court of provinces and equivalent level.
- The Court of districts.
d. The local People’s Procuracy: at
provincial and district level.
The
Vietnam's Fatherland Front:
The Vietnam’s Fatherland Front and its member
organizations constitute the political base of
the people’s power. The Front promotes the
tradition of national unity, intensifies the
people’s political and spiritual consensus,
takes part in forming and consolidating the
people’s power, working together with the
State to take care of and protect the legitimate
interests of the people, encourages the people
to exercise the right to mastery, to strictly
obey the Constitution and laws, supervises the
activity of the State organs, representatives of
the people, cadres and State officials. The
State helps the Fatherland Front and its member
organizations to operate effectively.
The Trade Union:
The
Trade Union is the socio-political organization
of the working class and laborers. Together with
the State organs, economic organizations and
social organizations, the Trade Union takes care
of and protects the rights of cadres, workers,
officials and other laborers; takes part in
managing the State and the society, takes part
in controlling and supervising the activity of
State organs, economic organizations; educates
cadres, workers, officials and other laborers to
construct and defend the Fatherland.
Other social organizations:
Apart from the Fatherland Front and the Trade
Union, there exist some other social
organizations in Vietnam namely the Women Union,
the Youth Union, the War Veteran’s
Association, and other professional
associations. These associations played an
important role in the national liberation. In
the cause of renovation and industrialization
and modernization, these social organizations
contribute an important part in bringing the
policies of the Party and the Vietnamese
Government into social life.
The national administrative and
legal reform:
The administrative and legal system formed in
the centralized State-subsidized mechanism is
facing the need of renewal to conform to the
market mechanism and the demands of the
integration process. In the recent years of
renovation, Vietnam has taken steps in reforming
the administrative and legal system. These
measures have helped reducing the prolix
administrative procedures and creating a liberal
legal corridor, creating favorable conditions
for the new economic mechanism to develop.
However, to reach the goal of establishing a
jurisdiction state, it is essential for Vietnam
to keep on carrying out major measures to reform
the administrative and legal system.
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