The current political system

Vietnam is officially a "Socialist Republic" whose political system is defined by the 1992 Constitution, amended in 2001. Only one party is allowed, the Vietnamese Communist Party that controls all the political institutions of the country. Article 4 of the Constitution states: "The Communist Party of Vietnam, the vanguard detachment of the working class, the faithful representative of the interests of the working class, the working people and the whole nation, a follower of Marxism-Leninism and the thought of Ho Chi Minh, is the leading force of the state and society"

The state's supreme body is the Vietnamese National Assembly renewed every five years. This is indirectly elected by all Vietnamese aged over 18 years. Moreover, the Popular Assembly elects the President of the Vietnamese State and the symbolic role the Prime Minister and his Government. They are the second and third state figures. Indeed, Vietnam, the first character of the state is the General Secretary of the Vietnamese Communist Party. The National Assembly consists of 490 members elected for 5 years by universal suffrage. It elects the President of the State and on a proposal from the latter, the Prime Minister, whose terms are 4 years renewable.

The Congress of the Vietnamese Communist Party (whose membership reached more than 3 million people across the country) is held every 5 years. It elects 160 members to the Central Committee and the Politburo 14 people. The Political Bureau is the supreme organ of the Party; it brings together, among others, the Secretary General of the Party, the State President, the Speaker of the National Assembly, the Prime Minister, the Minister of Defence.

Although they are not classified in the hierarchy of norms, the resolutions adopted by the Political Bureau will require legislative and regulatory powers. These resolutions set the general guidelines to be followed in all areas, which are subject all governmental and legislative measures. The National Assembly, criticized for doing that vote which is previously decided by the Party strives lately taken more autonomy.

The Party Central Committee also holds considerable powers. You can not become a Minister or President of provincial People's Committee, for example, without first being elected to the Central Committee.

Administratively, the country is currently divided into 60 provinces and 4 cities directly under the Central Government (ie Hanoi, Haiphong, Danang and Ho Chi Minh city). Each province is divided into districts, which are broken down into municipalities. At each administrative level is a People's Council, elected directly by the people. The council in turn elects a People's Committee, a true local executive body, assisted in his work by as many technical services that there are ministries at the central level. So every popular committee is placed both under the authority of the Government and under that, less technical, a popular council.

Deconcentration efforts (and never decentralization) started last ten years trying to give local authorities more autonomy in their actions.

 
Judicial System
Modern courts in Vietnam are established by an Act of 1960, amended twice in 1982 and 2002. They are organized at three levels: the Supreme People's Court, the people's courts and people's provincial court districts. The general principles governing them are, among others: higher court, judicial independence, which is only subject to the law, equality before the law, guarantee the rights of defense, public hearing. There is no Constitutional Court in Vietnam.

The district court is the court of first instance. The provincial court is mainly JA of decisions by the district court, while being itself trial judge in certain cases (thus approaching the Grande Instance in France). The Supreme People's Court is primarily a Supreme Court, but it plays simultaneously the role of JA of first instance decisions by provincial courts.

Judges are recruited by competitive examination, mostly among clerks with at least 5 years experience (competitions) and more recently among young graduates of law schools (external competition). They must receive vocational training in a specific school (Judicial Academy) before being appointed to judicial office for a term of 5 years renewable, proposed by a Selection Board counts among its members a single magistrate.

Vietnamese executive is composed of:
* Truong Tan Sang - acutel President (2011 - 2016)
* Nguyen Tan Dung - Prime Minister (2011 - 2016)
Nguyen Sinh Hung * - Head of the National Assembly (2011 - 2016)
Nguyen Phu Trong * - General Secretary of the Communist Party (2011 - 2016)

 

Partager:

Comments

Leave your comment