Government and society

Constitutional framework

The first constitution of the Socialist Republic of Vietnam, adopted in 1980, established a Council of State as a collective presidency and a Council of Ministers. In 1992 this document was superseded by a second constitution, which, in addition to replacing the Council of State with an elected president and otherwise reforming Vietnam’s government and political structure, also outlined major shifts in foreign policy and economic doctrine. In particular, it stressed the development of all economic sectors, permitted private enterprise, and granted foreign investors the right to legal ownership of their capital and assets while guaranteeing that their property would not be nationalized by the state.

A unicameral, popularly elected National Assembly is the supreme organ of the government. It elects the president, who is head of state, and the vice president, who is nominated by the president. The cabinet consists of the prime minister, who is nominated by the president and approved by the National Assembly, and deputy prime ministers and the heads of government ministries and various state organizations, who are named by the prime minister and confirmed by the Assembly. The cabinet (which superseded the earlier Council of Ministers) coordinates and directs the ministries and various state organizations of the central government and supervises the administrative committees at the local government level.

Initially, administrative responsibilities were divided along narrow functional lines among many ministries; there were, for example, numerous economic ministries concerned with agriculture and the food industry, marine products, forestry, and water conservancy. In the mid-1980s, such smaller ministries were consolidated to streamline the system. Larger ministries now tend to be relatively self-sufficient, with their own colleges, training institutions, and health, social, and cultural facilities. There are also several commissions under the cabinet, such as the State Inspectorate. The prime minister’s office oversees a number of general departments beneath the ministerial level and committees that are formed to supervise major projects which involve more than one ministry.

Local government

The country is divided administratively into more than 64 provinces (tinh), of which Hanoi, Haiphong, Da Nang, Ho Chi Minh City, and Can Tho are municipalities (thanh pho). These are further subdivided into several dozen urban districts (quan) and hundreds of rural districts (huyen). Nearly 10,000 communes (xa) comprise Vietnam’s lowest level of local administration. At the provincial, district, and commune levels, the highest government authority is an elected People’s Council, the actual work of which is carried out by a People’s Committee elected by the council.

Justice

The judicial system consists of courts and tribunals at various levels and the Supreme People’s Procuracy. The National Assembly supervises the work of the Supreme People’s Court, which is the highest court of appeal and the court of first instance for special cases (such as treason). This court, in turn, supervises the judicial work of both the local People’s Courts, which are responsible to their corresponding People’s Councils, and the Military Tribunals. The People’s Courts function at all levels of government except the commune, where the commune administrative committee functions as a primary court.

The Supreme People’s Procuracy, with its local and military subdivisions, acts as a watchdog for the state. It monitors the performance of government agencies, maintains vast powers of surveillance, and acts as a prosecutor before the People’s Courts. The Supreme People’s Procuracy is responsible to the National Assembly, or to its Standing Committee, when the Assembly is not in session.

Political process

Both the 1980 and 1992 constitutions institutionalized the Vietnamese Communist Party as the sole source of leadership for the state and society. The 1992 document, however, delegated much more authority to the president and to the cabinet; they were given the task of running the government, while the party became responsible for overall policy decisions. These changes reduced the role of the party. Notably affected were the Politburo and the larger Central Committee, which previously had been the major decision-making bodies of both the party and the state. Also affected were the Secretariat and its presiding general secretary, which, through their control over party administration and their implementation of the resolutions of the Central Committee and the Politburo, had effectively governed the country.

Nonetheless, the Vietnamese Communist Party remains the dominant political institution within Vietnam. It leads the Vietnam Fatherland Front, a coalition of numerous popular political and social associations that disseminates party policies, serves as a training ground for potential party members, and submits lists of candidates for seats in the National Assembly. The Vietnam Fatherland Front embraces such important and active organizations as the Vietnam Women’s Union, the Ho Chi Minh Communist Youth Union, which is largely responsible for the Vietnam Youth Union, and local party units and agricultural cooperatives that assume leadership over the Farmers’ Union. The Vietnam General Confederation of Labor, also a member of the Vietnam Fatherland Front, has the responsibility of safeguarding workers’ welfare. It does not function as a Western-style bargaining unit, operating instead as a party organization responsible for labor matters.

Members of the National Assembly are chosen through direct election in their individual electoral units. All Vietnamese citizens age 18 and older and not deemed mentally incompetent are eligible to vote. Although voting is not compulsory, voter turnout is nearly universal. The majority of the seats are filled by male members of the Vietnamese Communist Party. There has, however, long been a notable and growing female presence in the National Assembly, as well as a small minority of nonparty representatives.

Security

The People’s Armed Forces include the People’s Army of Vietnam, various paramilitary regional and provincial forces, the militia, and the reserves. The People’s Army encompasses not only the army, but also the People’s Navy Command (infantry and coast guard), the Air and Defense Force, and the Border Defense Command. The army is by far the most substantial segment of Vietnam’s military, followed by the air force and the navy. With separate commands in Hanoi, Haiphong, and Ho Chi Minh City, Vietnam’s military is certainly among the largest and most powerful in Southeast Asia. Two years of active duty are compulsory for men; women’s service is voluntary. Both men and women must be at least 18 years old to serve. Paramilitary units include People’s Public Security Forces and Self-Defense Forces.

The Vietnamese military carries considerable prestige and political influence within the country. It is second in power only to the Communist Party and to the government. Many senior military officers have held positions of authority within the Politburo and Central Committee, important policy-making arms of the Communist Party.