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Vietnam Tourism
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Political system
Over the past 75 years, the Communist Party of Vietnam (CPV) has been in the vanguard of the struggle for national independence, liberating the country from almost a century of domination by western colonialists and leading the people to total victory in the 30-year resistance war against powerful aggressors. Since the country's reunification, the CPV has led the Vietnamese people in carrying out the country's renovation, modernization and industrialization. The CPV has established a nationwide political system with the Party serving as the core that assists the Party leadership and mobilizes the people to realize the goals of national independence, democracy, and social progress. At present, the CPV has worked out a program for national construction which may be described as: Rich people--strong nation--equitable, democratic and civilized society. To achieve these goals, the CPV, in accordance with the principle of "the people as the country’s roots", has set up a wide and diversified political system. The current political system of Vietnam is composed of the following: the CPV, political organizations, socio-political organizations, socio-professional organizations, and mass associations.
I. The Communist Party of
Vietnam
The CPV was established on February 3, 1930. Over 75 years of its existence, the Party has been renamed several times: the Vietnam Communist Party (February 1930), the Communist Party of Indochina (October 1930), the Vietnam Workers’ Party (February 1951), and the Communist Party of Vietnam (December 1976). As stated in the Party's statute adopted in its 9th National Congress on April 22, 2001, the CPV, "established and trained by Comrade Hồ Chí Minh, has led the Vietnamese people to carry out successfully the August Revolution, establishing the Democratic Republic of Vietnam, now the Socialist Republic of Vietnam, to defeat foreign invaders, to abolish the colonial and feudalist regime, to liberate and reunify the country, and then carry out the cause of renovation and socialist construction and firmly defend national independence." The CPV, vanguard of the working people and the whole nation, represents the interests of the working class and the nation. The aim of the CPV is to make Vietnam a strong, independent, prosperous and democratic country with an equitable and civilized society, to realize socialism and ultimately, communism. The CPV adopts Marxism-Leninism and Hồ Chí Minh Thoughts as the firm ideological foundations, serving as guidance for its activities, promoting the nation's traditions, and absorbing other nations' essential ideas. By thoroughly grasping objective laws, epochal trends and the country’s realities, the Party has worked out sound political programs and revolutionary policies to meet the aspirations of the people. The Party is firmly organized and unanimous in ideological views and actions. It takes democratic centralism as its fundamental organizational basis, practicing criticism, self-criticism, and strict discipline, pursuing collective leadership and individual responsibility, and promoting comradeship and solidarity in line with the Party's political programs and statutes. The Party makes great efforts to maintain its close relationship with the people. The Party operates in accordance with the Constitution and other laws. The CPV is the Party in power in Vietnam. It respects and promotes the mastery of the people over the country, and is under the people's supervision. The Party relies on the people to strengthen its organization, unites and lead the people in the revolutionary cause. The Party leads the political system and is a member of that system. The Party leads, respects and promotes the role of the State, the Vietnam Fatherland Front (VFF) and other socio-political organizations. The Party combines genuine patriotism with the pure internationalism of the working class, proactively contributing to the struggle for peace, national independence, democracy and social progress of the world's people. The Party, with its strong political base, firm ideology and stable organization, often carries out self-renewal and self-readjustment. It unceasingly strives to improve the qualifications of the cadres and Party members, affirming the Party’s fighting power and revolutionary leadership.
Organization and Structure of the CPV The Party
organizational system is established in line with the State administrative
apparatus from Central level to provincial, city, district, and communal levels
as well as in administrative bodies, schools, enterprises,
political/social/professional organizations, army units and police forces. The
Party cells are the Party's grassroots foundations. Article 4,
Chapter I of the current Constitution, adopted by the National Assembly on April
15, 1992, defined the role of the CPV: "as the leading force of the State
and the society." "The
Party’s activities are governed by the Constitution and laws." Being the
party in power whose mission is to lead the country in all fields, the Party
directs State and socio-political organizations through: - Deciding
on political programs, strategies, and guidelines for national construction and
defense; carrying out the leadership through ideological work, personnel
management, and supervision over the implementation of its political programs,
guidelines, and strategies; -
Consistently directing the personnel work and managing the contingent of cadres,
at the same time promoting the responsibilities of organizations in the
political system and their leaders in charge of personnel work; -
Introducing competent cadres for posts in State agencies and in socio-political
organizations; - All
Party cells and members working in the State agencies as well as socio-political
organizations must strictly observe the Party’s resolutions and directions;
the Party cells direct the concretization of these documents into the State’s
laws and organizations’ regulations as well as their implementation. To
consolidate its full leadership, the Party does not directly cover all
activities but works through its affiliates, in line with the Constitution and
laws: - In the
State leading agencies (National Assembly, People’s Councils) and
socio-political organizations at the central level and in
provinces/centrally-administered cities which are formed through elections,
Party committees set up Party bodies at the same level, composed of some Party
members who work for the related organizations and some members appointed by the
same-level Party committees. The role of the Party bodies is to lead and make
other members of the organizations implement the guidelines and policies of the
Party, increase the influence of the Party, improve the close relationship
between the Party and the people, realize the Party's resolutions on
organization and personnel management and decide matters of organization and
personnel management in line with the duties assigned by the Politburo. - In
judicial and executive bodies (the government, ministries, courts, the
inspection agency, etc.) at the central level and in
provinces/centrally-administered cities, Party committees set up the Party
boards at the same level, which are composed of some Party members who work for
the related bodies and some appointed by the same-level Party committees,
including the secretaries. The role of the Party boards is to make other members
of the bodies understand and implement the Party's guidelines and policies; give
advice to the Party committees on operation, duties, organization, and personnel
management; make decision within their competence; and to observe the
implementation of the Party's guidelines and policies. - As for
the security and armed forces, there are the central military committees and the
security Party committees. With those
bodies, the Communist Party of Vietnam has a nationwide organizational system,
from the Central to grassroots levels, and in political- social organizations
and economic entities.
II. State system 1. 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, the sole organ that has the constitutional
and legislative rights. a)
Functions: The
National Assembly decides the fundamental 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 National Assembly exercises the right to supreme supervision of all
activities of the State. The
National Assembly has the highest authority to make Constitution and Laws. Legal
documents promulgated by the National Assembly are the Constitution, codes, laws
and resolutions. The
National Assembly has three main functions: legislative, deciding the important
issues of the country and carrying out the supreme supervision power of all
activities of the State. The
Legislative Function The
National Assembly is the sole body empowered to adopt the Constitution and the
laws. The National Assembly not only adopts and amends the Constitution and the
law, but also decides on the legislative program. According
to the 1992 Constitution, the President of the Republic, the Standing Committee
of the National Assembly, the Ethnic Council, the Committees of the National
Assembly, the Government, the Supreme People's Court, the Supreme People's
Procuracy, the Vietnam Fatherland Front and its members, as well as the
individual Deputies to the National Assembly have right to present bills to the
National Assembly. Before
being presented to the National Assembly, bills are first examined and commented
on by the Ethnic Council or the relevant Committee of the National Assembly. The
bills are then sent to all Deputies to the National Assembly not later than 20
days before the opening date of the National Assembly session. The bills
which require public discussion are published and aired by the mass-media, so
that the people and the state organs at all levels are able to have comment
before presentation of those bills to the National Assembly. All bills
are discussed at the National Assembly session, first by groups of members, and
then by all the members at a plenary session. A bill
becomes duly-adopted law when a single majority of the Deputies to the National
Assembly vote in favor of its adoption. After
being adopted by the National Assembly, the bill must be signed by the President
of the National Assembly. The President of the Republic promulgates the law,
which becomes effective no later than 15 days from the date of its adoption. The
function of deciding the important issues of the Nation As the
highest state authority, the National Assembly make decision on the
socio-economic development plans of the country; on the national financial and
monetary policies and on the estimates of the national revenue and expenditure
plans. It also decides the State budget, approves the national revenue and
expenditure balance of account, and levies, amends and abolishes taxes. The
National Assembly elects the President of the Republic, the Chairman of the
National Assembly and the Prime Minister. It approves all appointments of
Ministers upon the recommendation of the Government. The
National Assembly has the authority to establish and dissolve ministries and
ministerial level agencies of the Government, as well as to establish, merge,
divide and adjust the boundaries of the provinces and cities directly under the
central authority. It can also establish or dissolve special administrative
economic establishments. The
National Assembly decides issues of war and peace. It also has the power to
declare an emergency situation and may take other special measures to ensure
national defense and security. The
National Assembly decides on amnesties and referenda. With
respect to foreign affairs, the National Assembly decides on fundamental
external policies. At the request of the President of the Republic, it ratifies
or revokes those international treaties that Vietnam has signed or adhered to. The
supervision function The
National Assembly exercises the supreme power of supervision over all activities
of the State. This function is carried out through the activities of the
National Assembly, the Standing Committee of the National Assembly, the Ethnic
Council, the Committees of the National Assembly and individual deputies to the
National Assembly. The
National Assembly examines all working reports of the President of the Republic,
the Standing Committee of the National Assembly, the Government, the Supreme
People's Court and of the Supreme People's Procuracy. The
National Assembly considers Activity Reports of the President of the Republic,
the Standing Committee of the National Assembly, the Government, the Supreme
People's Court and the Supreme People's Procuracy. It is entitled to abolish any
legal documents issued by the President of the Republic, the Standing Committee
of the National Assembly, the Government, the Prime Minister, the Supreme
People's Court and the Supreme People's Procuracy, that is not conformed to the
Constitution, the Laws and Resolutions of the National Assembly. The
Standing Committee of the National Assembly supervises the implementation of the
Constitution, the Laws, and the Resolutions of the National Assembly, as well as
the Ordinances, and Resolutions of the Standing Committee of the National
Assembly. It also supervises the activities of the Government, the Supreme
People's Court, the Supreme People's Procuracy. It may suspend the effect of any
legal document of the Government, the Supreme People's Court, and the Supreme
People's Procuracy, which is not in conformity with the Constitution, the Laws
or the Resolutions of the National Assembly, and may request the National
Assembly to consider abolishing any such documents, and to abolish any such
documents of the Government, the Prime Minister of the Government, the Supreme
People's Court, and the Supreme People's Procuracy, which are not conformity
with the Ordinances and the Resolutions National Assembly of the Standing
Committee of the National Assembly. The Ethnic
Council and the Committees of the National Assembly supervise the implementation
of the Constitution, the Laws and the Resolutions of the National Assembly
within their respective fields of responsibility. They may require the agencies,
organizations and individuals under their supervision to provide documents and
reports on the subjects under consideration. . If any
violation of the law is discovered, the Ethnic Council and the Committees of the
National Assembly are entitled to require the violating organization or
individual to cease such violation. They may also recommend measures against the
authorities or/and and may also report the matter to the Standing Committee. The
results of the supervision, together with the recommendations of the Ethnic
Council or the Committees, are reported to the Standing Committee of the
National Assembly and the relevant agencies are notified. The
Deputies to the National Assembly may question the President of the Republic,
the President of the National Assembly, the Prime Minister, Ministers and other
members of the Government, the President of the Supreme People's Court and the
Procurator General. The person who is questioned must answer in person to the
National Assembly at its session. In case investigation is required, the
National Assembly may decide to convey the question either to Standing Committee
or to the next session, or by written response. The deputies to the National
Assembly may also require the state agencies, social organizations, economic
organizations, and the armed force units to answer any questions put to them.
The Head of such agencies, organizations and units are obliged to answer within
the period of time as provided by the law. b) The
terms of the National Assembly: The term of each National Assembly is five
years. c)
Deputies to the National Assembly: Any Deputy
to the National Assembly must be a person, who is at the youngest of 21 and
faithful to the Fatherland and the Constitution of the Socialist Republic of
Vietnam, striving to implement the renovation for the course of wealthy people
and strong country; having a sufficient level of qualification, and being
capable of performing the duties of a Deputy to the National Assembly, deciding
important issues of the Nation, having good conduct, moral and ethics, and who
is otherwise exemplary in respecting the law and worthy of the people's trust. Deputies
to the National Assembly are elected directly by the people and act on behalf of
the people in the National Assembly. A Deputy
to the National Assembly takes part in deciding issues within the competence of
the National Assembly such as adopting the Constitution and all laws, deciding
domestic and external policies, including those affecting economic and social
affairs. Other issues within the competence of the National Assembly that a
Deputy takes part in deciding include national defense and security, fundamental
principles of organization and activities of the State apparatus, social
relationships and activities of citizens, and the supervision of activities of
state agencies. d)
The Chairman and Vice Chairmen of the National Assembly: They are elected by the
National Assembly among NA deputies in the first session of every NA tenure.
Vice Chairmen are the assistants to the Chairman as assigned by the latter. e) The
Standing Committee of the National Assembly: The
Standing Committee of the National Assembly is the permanent body of the
National Assembly between the two sessions. The
Standing Committee supervises the implementation of the Constitution, laws and
resolutions approved by the National Assembly, ordinances and resolutions issued
by the NA Standing Committee; and the performance of the Government, Supreme
People’s Court, Supreme People’s Procuracy. The NA
Standing Committee shall issue ordinances to clarify the Constitution, laws and
ordinance. The
members of the Standing Committee of the National Assembly may not
simultaneously be members of the Government. The majority of the members work on
full-time basis. The terms of office correspond with the term of office of the
National Assembly. When the term of the National Assembly, the Standing
Committee of the National Assembly continues to work until the new National
Assembly elects a new Standing Committee. The 1992
Constitution stipulates that the Standing Committee of the National Assembly has
twelve tasks and powers. Among them are the powers to announce, convene and
chair the National Assembly sessions, to interpret the constitution, laws and
ordinances, and to issue ordinances on those matters assigned by the National
Assembly. The Standing Committee of the National Assembly also supervises and
guides the activities of the People's Councils and directs, regulates and
coordinates the activities of the Council of Ethnic Affairs and all Committees
of the National Assembly. g)
Councils administered by the National Assembly: The National Defense and
Security Council consists of the State President as the Chairman, the Prime
Minister as the Vice Chairman and four members. The
Council of Ethnic Affairs consists of one Chairman and 38 members. h)
Functional committees of the National Assembly: Committee on Laws, Committee on
External Relations, Committee on Economy and Budget, Committee on National
Defense and Security, Committee on Social Issues, Committee on Education,
Culture, Youth and Children, and Committee on Science, Technology and
Environment 2.
The State President: The State
President, as the Head of State, is elected by the National Assembly from among
its deputies to represent the Socialist Republic of Vietnam internally and
externally. According
to Article 103 of the 1992 Constitution, the President has major executive and
legislative power as follows: -
Promulgates legal documents adopted by the National Assembly, such as the
Constitution, laws and ordinances; - Has
overall command of the armed forces and holds the office of Chairman of the
National Defense and Security Council; - Appoints
or proposes the appointment of, releases from duty, dismisses the
Vice-Presidents, Prime Minister, Chief Judge of the Supreme People's Court, Head
of the Supreme People's Procuracy; The
President is assisted by the Vice President, the President’s Office, and the
National Defense and Security Council.
+ Vice President is proposed by the President and elected by the National
Assembly from among NA deputies; The Vice President assists the President and
may be authorized by the President to do some tasks or functions as the acting
President.
+ The National Defense and Security Council can mobilize the country’s forces
and potentialities to protect the fatherland. It is chaired by the President;
its members are introduced by the President and voted by the National Assembly. 3.
The Government: The
Government is the
executive organ of the National Assembly, and the supreme state administrative
agency of the Socialist Republic of Vietnam. The
Government is in charge of tasks assigned by the State in the fields of
politics, socio-economy, national defense, security and external relations;
maintains effective operation of the State apparatus from the central to
grassroots levels; ensures the respect for, and implementation of the
Constitution and laws; promotes the people’s sense of mastery in national
defense and construction; ensures stability and improves the people’s material
and spiritual life. The
Government is accountable to the National Assembly, the National Assembly’s
Standing Committee and the President of State. Components
of the Government are: Prime Minister, Deputy Prime Ministers, and Ministers and
Heads of ministerial-level agencies. The Prime
Minister is elected, released from office or dismissed by the National Assembly
at the State President’s request. The Deputy
Prime Ministers are approved by the National Assembly at the Prime Minister’s
request. They function as the assistants to the Prime Minister and may be
authorized by the Prime Minister in the case of the latter’s absence. Ministers
and heads of the ministerial-level agencies are approved by the National
Assembly at the Prime Minister’s proposal. They are in charge of State
management over their assigned branches or affairs.
4. Supreme People’s Court: The
Supreme People’s Court is the highest judicial organ of the Socialist Republic
of Vietnam. The
Supreme People’s Court consists of the Chief Judge, Deputy Chief Judge, jurors
and court secretaries. The
structure: Council of Judges, Commission of Judges, Central Military Court,
Criminal Court, Civil Court, Appeal Court, and assisting staff. The
National Assembly elects and dismisses the Chief Judge of the Supreme People’s
Court. The State President nominates/dismisses Deputy Chief Judge and judges at
the Chief Judge’s request. The People’s Jurors are introduced by the Central
Committee of the Vietnam Fatherland Front and appointed by the National Assembly
Standing Committee. Main
operating principles of courts: during the hearings, the judges and jurors are
independent and only obey the laws. Justice and democracy are ensured by the
open hearing process, in which jurors play an essential role, defendants have
the right to defend themselves, or to hire lawyers. They also have the right to
use their native languages in courts.
5. Supreme People’s Procuracy: The
Supreme People’s Procuracy observes the implementation of and respect for the
Constitution and laws by Ministries, ministerial-level agencies, Governmental
organs, local authorities, social and economic organizations, armed forces,
security forces and all citizens; and to practice public prosecution as
stipulated by laws, ensuring due law enforcement. The
Supreme People’s Procuracy consists of the Head who can be elected, dismissed,
or removed from office by the National Assembly on the State President’s
proposal, the Deputy Heads, prosecutors and inspector appointed or dismissed by
the State President at the Head’s request.
6. Local authorities: a)
People’s Councils:
- People’s Councils of the centrally-administered cities and provinces
- People’s Councils of districts
- People’s Councils of the provincial-level cities/towns
- People’s Councils of communes, wards and towns. b)
People’s Committee:
- Provincial level: consisting of services, subcommittees, other organs
administered by the People’s Committees and the People’s Committee offices
- District level: consisting of departments, sections, other organs administered
by the People’s Committees and the People’s Committee offices
- Communal level: sections and the offices. c) Local
people’s committees:
- Provincial-level people’s courts
- District-level people’s courts. d) Local
people’s procuracy: Provincial and district levels.
III. The Vietnam Fatherland
Front The
Vietnam Fatherland Front (VFF) is a voluntary political coalition of political
organizations, socio-political organizations, social organizations and
individuals from all classes, social strata, ethnic groups, and religions,
including overseas Vietnamese. The
VFF’s objectives are to gather and build up a whole-people unity bloc,
strengthen the people’s political and spiritual consensus, encourage the
people to promote their mastership, to implement the CPV’s guidelines and
policies, and to abide by the Constitution and laws. The VFF is
governed by the principles of democratic consensus, coordinated and united
action. The VFF
has its own statute. The system
of the VFF’s organs is in accordance with that of the State’s administrative
structure from the central to grass-root levels.
IV. Vietnam Labour
Confederation The
Vietnam Labor Confederation is the socio-political organization of the working
class and is a member of the VFF. Article 2
of the Law on Labor Union stipulates that: “the labor unions “represent and
protect laborers’ legitimate interests and rights, cooperate with the State in
developing production, generating more jobs and improving laborers’ spiritual
and material life.” According
to Article 5 Section II of the Law, the labor unions “cooperate with State
organs in building laws and policies on labour, salary, labour safety and other
social policies concerning the rights, duties and interests of workers.” The
Vietnam Labor Confederation is well-organised, has various levels and operates
all over the country. The organisation is governed by the principle of
democratic centralism. All its directing organs are formed through elections.
The highest directing organ of each level is the Union Congress of that level.
In the period between the two Congress sessions, the directing organ is the
Standing Committee which is set up by the Congress. The
Vietnam Labor Confederation is structured in accordance with occupations and
geographical areas.
V. Other social and political
organizations Apart from
the Vietnam Fatherland Front and the Vietnam Labour Confederation, in Vietnam,
there are other political and social organizations, such as the Vietnam
Women’s Association, the Ho Chi Minh Communist Youth’s Union, the Vietnam
Veterans’ Association, and professional associations. These organizations
played an important role in the struggle for national salvation. In the cause of
renovation, industrialization and modernization, they have continued to
contribute to the implementation of the Party’s guidelines and the
Government’s policies. |
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