Constitutional Evolution

The communist party-controlled government of Vietnam has ruled under three state constitutions. The first was promulgated in 1946, the second in 1959, and the third in 1980. Significantly, each was created at a milestone in the evolution of the VCP, and each bore the mark of its time.

The purpose of the 1946 constitution was essentially to provide the communist regime with a democratic appearance. The newly established government of the Democratic Republic of Vietnam (DRV) was sensitive about its communist sponsorship, and it perceived democratic trappings as more appealing to noncommunist nationalists and less provocative to French negotiators. Even though such guarantees were never intended to be carried out, the constitution provided for freedom of speech, the press, and assembly. The document remained in effect in Viet Minh-controlled areas throughout the First Indochina War (1946-54) and in North Vietnam following partition in 1954, until it was replaced with a new constitution in 1959.

The second constitution was explicitly communist in character. Its preamble described the DRV as a "people's democratic state led by the working class," and the document provided for a nominal separation of powers among legislative, executive, and judicial branches of government. On paper, the legislative function was carried out by the National Assembly. The assembly was empowered to make laws and to elect the chief officials of the state, such as the president (who was largely a symbolic head of state), the vice president, and cabinet ministers. Together those elected (including the president and vice president) formed a Council of Ministers, which constitutionally (but not in practice) was subject to supervision by the Standing Committee of the National Assembly. Headed by a prime minister, the council was the highest executive organ of state authority. Besides overseeing the Council of Ministers, the assembly's Standing Committee also supervised on paper the Supreme People's Court, the chief organ of the judiciary. The assembly's executive side nominally decided on national economic plans, approved state budgets, and acted on questions of war or peace. In reality, however, final authority on all matters rested with the Political Bureau.

The reunification of North and South Vietnam (the former Republic of Vietnam) in 1976 provided the primary motivation for revising the 1959 constitution. Revisions were made along the ideological lines set forth at the Fourth National Congress of the VCP in 1976, emphasizing popular sovereignty and promising success in undertaking "revolutions" in production, science and technology, culture, and ideology. In keeping with the underlying theme of a new beginning associated with reunification, the constitution also stressed the need to develop a new political system, a new economy, a new culture, and a new socialist person.

The 1959 document had been adopted during the tenure of Ho Chi Minh and demonstrated a certain independence from the Soviet model of state organization. The 1980 Constitution was drafted when Vietnam faced a serious threat from China, and political and economic dependence on the Soviet Union had increased. Perhaps, as a result, the completed document resembles the 1977 Soviet Constitution.

The 1980 Vietnamese Constitution concentrates power in a newly established Council of State much like the Presidium of the Supreme Soviet, endowing it nominally with both legislative and executive powers. Many functions of the legislature remain the same as under the 1959 document, but others have been transferred to the executive branch or assigned to both branches concurrently. The executive branch appears strengthened overall, having gained a second major executive body, the Council of State, and the importance of the National Assembly appears to have been reduced accordingly. The role of the Council of Ministers, while appearing on paper to have been subordinated to the new Council of State, in practice retained its former primacy.

Among the innovative features of the 1980 document is the concept of "collective mastery" of society, a frequently used expression attributed to the late party secretary, Le Duan (1908- 1986). The concept is a Vietnamese version of popular sovereignty that advocates an active role for the people so that they may become their own masters as well as masters of society, nature, and the nation. It states that the people's collective mastery in all fields is assured by the state and is implemented by permitting the participation in state affairs of mass organizations. On paper, these organizations, to which almost all citizens belong, play an active role in government and have the right to introduce bills before the National Assembly.

Another feature is the concept of socialist legality, which dictates that "the state manage society according to law and constantly strengthen the socialist legal system." The concept, originally introduced at the Third National Party Congress in 1960, calls for achieving socialist legality through the state, its organizations, and its people. Law, in effect, is made subject to the decisions and directives of the party.

The apparent contradiction between the people's right to active participation in government suggested by collective mastery and the party's absolute control of government dictated by "socialist legality" is characteristic of communist political documents in which rights provided the citizenry often are negated by countermeasures appearing elsewhere in the document. Vietnam's constitutions have not been guarantors, therefore, of the rights of citizens or of the separation and limitation of powers. They have been intended instead to serve the partycontrolled regime.

The 1980 Constitution comprises 147 articles in 12 chapters dealing with numerous subjects, including the basic rights and duties of citizens. Article 67 guarantees the citizens' rights to freedom of speech, the press, assembly, and association, and the freedom to demonstrate. Such rights are, nevertheless, subject to a caveat stating "no one may misuse democratic freedoms to violate the interests of the state and the people." With this stipulation, all rights are conditionally based upon the party's interpretation of what constitutes behavior in the state's and people's interest.

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Source: U.S. Library of Congress