SOCIALIST REPUBLIC OF VIETNAM
CONSTITUTION
Vietnam’s modern history is marked by unification following years of
deep division. In the mid-19th century Vietnam was annexed to French
Indochina and became a colony of France. The colonization marked the
first time that Vietnam subjected to foreign rule since 938 A.D. when the
Vietnamese gained independence from Chinese rule. Resistance to
French rule divided the country with French loyalists in the southern third of
the country. In 1941, Japan occupied Vietnam as part of its regional
strategy during World War II.
Vietnam declared independence from France and Japanese
occupation in 1945, but Vietnam was not a peaceful country. The Geneva
Accords of 1954 partitioned the country along the 17th Parallel. The
Vietminh governed the northern portion and the southern portion became
the State of Vietnam. The two parts of Vietnam fought for the next twenty
years, aided by the Cold War interests of foreign nations. The conflict
ended with the capture of Saigon in 1975.
Vietnam’s National Assembly reunified Vietnam on July 2, 1976, and
changed the name of the country to the Socialist Republic of Vietnam. To
reflect the values of the new socialist republic, the Vietnamese enacted a
Constitution in 1980. It was the third Constitution promulgated since 1946
and in turn, the 1980 Constitution was replaced by the current Constitution
in 1992.
The current Constitution of the Socialist Republic of Vietnam was
unanimously adopted and enacted in April 1992 by Vietnam’s National
Assembly. The Constitution was most recently amended in December
2001. In 147 articles, the Constitution outlines Vietnam’s Political System,
Economic System, Culture, Education, Science and Technology, Defense
of the Vietnamese Socialist Homeland, Basic Rights and Obligations of
Vietnamese Citizens, the National Assembly, the President of the State, the
Government, People’s Councils and People’s Committees, People’s Court
and People’s Inspectorate, the National Flag, National Emblem, National
Anthem, National Capital (Hanoi) and National Day (September 2, 1945).
The Constitution provides that the Vietnamese Communist Party is the
“vanguard of the Vietnamese working class and the loyal representative of
the interests of the working class, the working people and the whole
nation.” The Constitution charges the Communist Party to adhere to
Marxism-Leninism and Ho Chi Minh’s thought.
EXECUTIVE AUTHORITY
Vietnam is led by the Vietnamese Communist Party. Executive
authority is vested in a largely symbolic President, who is the head of state,
and the Prime Minister, who serves as the head of Government. Both the
President and Prime Minister hold high positions within the Vietnamese
Communist Party.
The President is elected by Vietnam’s legislative body, the National
Assembly, and serves a five-year term.
The President appoints the Prime Minister, who is nominated for the
position by the National Assembly. The Prime Minister presides over the
Cabinet and is responsible for the appointment of Cabinet members.
LEGISLATIVE BODY
Vietnam’s main governing and law-making body is the 493-member
unicameral National Assembly. The National Assembly is elected every
five years. Nearly all the members of Vietnam’s National Assembly are
members of the Vietnamese Communist Party. Of the 493 members
elected in 2007, 492 were Vietnamese Communist Party members or
endorsed by the party. Only one member was independent of the Party.
The full National Assembly meets in Hanoi twice a year, but much of
the legislature’s business is accomplished through the 150-member Central
Committee and 15-member Politburo, both of which are highly influenced
by the Vietnamese Communist Party.
JUDICIAL SYSTEM
Vietnam’s judicial system was reorganized under the most recent
Constitution. The system is three tiered into the Supreme People’s Court
and intermediate appellate court, and people’s courts of general
jurisdiction.
The Supreme People’s Court is the highest court in Vietnam. Justices
are appointed to five year terms by the National Assembly. As is also true
in China, the judiciary of Vietnam is not an independent branch of
government. The Supreme People’s Court is funded by the National
Assembly. In addition, the Court reports to the National Assembly. The
judicial system in Vietnam is regarded as corrupt in great need of reform
and separation from the influence of the Vietnamese Communist Party.
IMPLEMENTATION OF UNITED NATIONS COUNTER-TERRORISM RESOLUTIONS
The Socialist Republic of Vietnam has ratified eight of the sixteen
United Nations international legal instruments against terrorism.
Ratified
Yet to be Ratified
The Aircraft Convention: 1963
Convention on Offences and Certain
Other Acts Committed on Board
Aircraft
Ratified: October 10, 1979
The Unlawful Seizure Convention:
1970 Convention for the
Suppression of Unlawful Seizure of
Aircraft
Ratified:
17, 1979 1971
The Civil September
Aviation Convention:
Convention for the Suppression of
Unlawful Acts against the Safety of
Civil Aviation
Ratified: September 17, 1979
The Diplomatic Agents Convention:
1973 Convention on the Prevention
and Punishment of Crimes Against
Internationally Protected Persons
Ratified: February 5, 2002
Airport Protocol and Montreal
Convention on Air Safety: 1988
Protocol for the Suppression of
Unlawful Acts of Violence at Airports
Serving International Civil Aviation,
supplementary to the Convention for
the Suppression of Unlawful Acts
against the Safety of Civil Aviation
Ratified: August 25, 1999
Maritime Convention: 1988
Convention for the Suppression of
Unlawful Acts against the Safety of
Maritime Navigation and the 2005
Protocol to the Convention for the
Suppression of Unlawful Acts
against the Safety of Maritime
Navigation
Ratified: July 12, 2002
Hostages Convention: 1979
International Convention against the
Taking of Hostages
Nuclear Materials Convention: 1980
Convention on the Physical
Protection of Nuclear Material
Plastic Explosives Convention: 1991
Convention on the Marking of Plastic
Explosives for the Purpose of
Detection
Nuclear Terrorism Convention: 2005
International Convention for the
Suppression of Acts of Nuclear
Terrorism
2005 Amendment to the Convention
on the Physical Protection of
Nuclear Material
2005 Protocol to the Convention for
the Suppression of Unlawful Acts
against the Safety of Maritime
Navigation
Ratified
Yet to be Ratified
Fixed Platform Protocol: 1988
Protocol for the Suppression of
Unlawful Acts Against the Safety of
Fixed Platforms Located on the
Continental Shelf and the 2005
Protocol to the Protocol for the
Suppression of Unlawful Acts
against the Safety of Fixed Platforms
Located on the Continental Shelf
Ratified: July 12, 2002
Terrorist Financing Convention:
1999 International Convention for
the Suppression of the Financing of
Terrorism
Ratified: September 25, 2002
2005 Protocol for the Suppression of
Unlawful Acts against the safety of
fixed platforms located on the
Continental Shelf
1997 International Convention for
the Suppression of Terrorism
In addition, Vietnam is working to implement UN Resolutions 1373
and 1624 and has made five reports to the United Nations CTC on the
county’s progress. Most recently Vietnam reported that they have not
specifically enacted legislation criminalizing the financing of terrorism, but in
Vietnam, terrorism is a crime and other provisions in the Vietnamese legal
code apply. Vietnam admits that it does not have established mechanisms
to combat terrorism. Vietnam wants to focus on prevention and the root
causes of terrorism. Vietnam also intends to put greater focus on border,
port and airport security.
CORRUPTION AND GOVERNANCE
Vietnam ranks 116th out of 178 countries according to the Global
Corruption Perception Index. Vietnam residents perceive the police as the
most corrupt institution in the country with 44% of residents reporting that
they bribed public officials in the past year.
All of Vietnam’s governance indicators, with the exception of voice
and accountability are steady and in the 25th to 75th percentile. The voice
and accountability indicator is below the 10th percentile and has been
steadily at that very low level since the study began in 2003.