VI.

Government

Prior to the French conquest, the political institutions of Vietnam were patterned after the Chinese model. Confucianism was the state ideology, and the emperor ruled with the assistance of mandarins—scholars trained in Confucian principles. That system was essentially discarded during the period of French colonial rule, although the Vietnamese emperor was still permitted a figurehead authority from his imperial palace in Hue. After the division of the country in 1954, the North established a Soviet-style Communist regime, while the government in the South created a parliamentary system patterned after those in the West. Neither became a practicing democracy. The Communist system of the North was extended to the entire country after reunification in 1976. Modern Vietnam has a unitary system of government with a strong central government, and exclusive power resides with the Vietnamese Communist Party, the sole legal party in the state.

A.

Constitution

After the end of French colonial rule in 1954, two independent governments emerged in Vietnam: the Republic of Vietnam (RVN) in the South, and the Democratic Republic of Vietnam (DRV) in the North. After the North won the Vietnam War and took control of all of Vietnam, the DRV became the Socialist Republic of Vietnam (SRV). The current constitution was promulgated in 1980 and was patterned after the Soviet model, which combined nominal democratic ideas, such as the concept of elections by secret ballot, with the Leninist concept of a dominant Communist party ruling by dictatorial means in the overall interests of the people. In 1992 the constitution was amended to reflect economic reforms undertaken in 1986 as well as a decision to reduce the role of the party in the governing process.

B.

Executive

Under the constitution as amended in 1992, the head of state is a president, elected to a five-year term by the National Assembly from among its members. The president is advised by a National Defense and Security Council and is assisted by a cabinet composed of a prime minister, a deputy prime minister, and other senior ministers. All ministers are appointed by and accountable to the National Assembly.

C.

Legislature

According to the constitution, Vietnam’s legislature, the unicameral (single-house) National Assembly is the “highest organ of State power” in Vietnam. It possesses sole power to pass legislation and to amend the constitution. It is composed of 498 deputies, elected for five years by all citizens over 18 years of age. The National Assembly holds two sessions each year to pass legislation proposed by the executive branch of the government. In the past, it served as a rubber stamp for decisions already reached by the Communist Party. Recently it has begun to adopt a more independent position on issues of direct concern to the Vietnamese populace.

D.

Judiciary

The judicial system in Vietnam was patterned after the Soviet model. At the lowest level are district courts, whose decisions may be appealed to provincial and city courts. The highest court of appeal is the Supreme People’s Court, which also functions as a court of first instance for certain serious crimes. Members of the Supreme People’s Court are elected by the National Assembly for five-year terms. Each of the lower courts is assigned a judge and several people’s assessors, who play a role similar to that of a jury in the Anglo-American system. All are elected by and held accountable to the local government.

The Supreme People’s Office of Supervision and Control is responsible for the uniform implementation of the law. The office is headed by a procurator-general who is appointed to a five-year term by the National Assembly. Below the central office are local offices of supervision and control, which ensure observance of the law by local government bodies and by all citizens.

E.

Local Government

For administrative purposes, Vietnam is divided into 57 provinces and four cities directly under the central government. The provinces are further divided into districts and then villages or communes. At each level, voters elect people’s councils with legislative powers. These councils in turn elect a people’s committee from among their members to serve as an executive body. In some respects, people’s councils and people’s committees resemble local governments in Western democracies. They have the right to question decisions taken by other governmental organs at their level, but their decisions and actions are subject to review by higher organs of government power. Moreover, decisions by local government organs are normally undertaken in accordance with the instructions of Communist Party committees at that level, although party influence has declined somewhat since the inception of the doi moi (economic renovation) program in the mid-1980s. Party directives are circulated at the local level through the Fatherland Front, a mass association with branch offices at all administrative levels and among various interest groups in the country.

F.

Political Parties

Vietnam is in practice a one-party state. According to the amended 1992 constitution, the Communist Party is “the force leading the State and society.”

The supreme body of the Vietnamese Communist Party is the National Congress, which meets approximately every five years. Delegates are elected to the Congress by party branches at lower levels. The delegates approve major policy decisions and elect a Central Committee, which functions in the intervals between the National Congresses. The Central Committee holds sessions twice a year to approve decisions by party leaders. The Central Committee also elects a Politburo that serves as the ruling body of the party. The Politburo is currently composed of 19 members and meets several times a month. A Politburo Standing Committee of four members operates as a standing executive body. Membership in the Vietnamese Communist Party is estimated at about 2.2 million.

G.

Defense

The Vietnamese armed forces are firmly subordinated to the authority of the government. They are represented at senior levels by a minister of defense in the cabinet, and senior military officials frequently serve in the party Central Committee and Politburo. In addition to local militia units, the military has three branches of service: the army, the navy, and the air force. In 2004 the military contained 484,000 troops. Vietnamese men age 18 to 35 must fulfill a 24-month term of military service; specialists must serve an additional 12 months.

H.

International Organizations

Vietnam has been a member of the United Nations since 1977. The country is also a member of the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (World Bank), and the Association of Southeast Asian Nations (ASEAN). In 1998 Vietnam joined the Asia-Pacific Economic Cooperation (APEC) forum.