Over
the past 80 years, the Communist Party of Việt Nam (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 Việt Nam is composed of the following: the
CPV, political organizations, socio-political organizations,
socio-professional organizations, and mass associations.
The Communist Party of Việt Nam
The
CPV was established on February 3, 1930. Over 75 years of its
existence, the Party has been renamed several times: the Việt Nam
Communist Party (February 1930), the Communist Party of Indochina
(October 1930), the Việt Nam Workers’ Party (February 1951), and the
Communist Party of Việt Nam (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 President Hồ Chí
Minh, has led the Vietnamese people to carry out successfully the August
Revolution, establishing the Democratic Republic of Việt Nam, now the
Socialist Republic of Việt Nam, 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 Việt Nam 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 Việt Nam. 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 Việt Nam
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 Việt Nam has a nationwide
organizational system, from the Central to grassroots levels, and in
political- social organizations and economic entities.
POLITBURO OF THE CENTRAL COMMITTEE OF THE COMMUNIST PARTY OF VIETNAM
(11th TENURE)
(11th TENURE)
POLITBURO OF THE CENTRAL COMMITTEE OF THE COMMUNIST PARTY OF VIETNAM
(10th TENURE)
(10th TENURE)
Politburo Member General Secretary Nông Đức Mạnh |
Politburo Member President Nguyễn Minh Triết |
Politburo Member Prime Minister Nguyễn Tấn Dũng |
Politburo Member National Assembly's Chairman Nguyễn Phú Trọng |
Politburo Member Standing Member of the Central Secretariat Trương Tấn Sang |
Politburo Member Lê Hồng Anh |
Politburo Member Phạm Gia Khiêm |
Politburo Member Phùng Quang Thanh |
Politburo Member Trương Vĩnh Trọng |
Politburo Member Lê Thanh Hải |
Politburo Member Nguyễn Sinh Hùng |
Politburo Member Nguyễn Văn Chi |
Politburo Member Hồ Đức Việt |
Politburo Member Phạm Quang Nghị |
POLITBURO OF THE CENTRAL COMMITTEE OF THE COMMUNIST PARTY OF VIETNAM
(9th TENURE)
(9th TENURE)
|
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 Việt Nam,
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 Việt Nam 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 Việt
Nam 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 Việt Nam, 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 Justice, 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
Việt Nam 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 Việt
Nam.
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 Việt Nam.
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 Việt Nam 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 Việt Nam Fatherland Front
The
Việt Nam 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. Việt Nam Labor Confederation
The Việt Nam 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 Việt Nam 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 Việt Nam Labor Confederation is structured in accordance with occupations and geographical areas.
V. Other social and political organizations
Apart
from the Việt Nam Fatherland Front and the Việt nam Labor
Confederation, in Việt Nam, there are other political and social
organizations, such as the Việt Nam Women’s Association, the Hồ Chí Minh
Communist Youth’s Union, the Việt Nam 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.
Source:chinhphu.vn
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