Chapter 2:
The Government Apparatus of the Socialist
Republic of Vietnam
Van Pham (PhD)
vanpmt@[Link]
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Important legal documents:
The 2013 Law No.
Constitution 76/2015/QH13
of the on
Socialist Organization
Republic of of the Local
Vietnam Government
Law on
Law on
Organization
organization
of the
of People’s
People's
Courts 2014
Procuracies
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2.1 The principles of organization and
operation of the Government Apparatus of
The Socialist Republic of Vietnam apparatus: Chính ph
• The basic principles of state administration guide the
organization and activities of state administration,
helping state administrators effectively perform their
tasks and ensure citizens’ interests
ghi
• Being enshrined in The 2013 Constitution of the
Socialist Republic of Vietnam
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2.1 The principles of organization and
operation of the Government Apparatus of
The Socialist Republic of Vietnam
a. The principle of people’s participation in
state administration
• Article 2 of The 2013 Constitution of the
Socialist Republic of Vietnam
• “The State of the Socialist Republic of
Vietnam is a socialist law-governed state of
the people, by the people and for the
people. All State powers belong to the
people... The State guarantees and
unceasingly promotes the mastery of the
people in all aspects.”
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2.1 The principles of organization and operation of the
Government Apparatus of The Socialist Republic of Vietnam
b. The principle of democratic centralism
• Article 9 of The 2013 Constitution of the Socialist Republic of Vietnam
• In the state administration, centralism aims to ensure that administrators
manage and direct law enforcement in a consistent and democratic manner
while democracy aims to expand the rights for the administrated subjects to
bring into full play the collective intelligence in administration activities and
their capabilities in the course of law enforcement
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2.1 The principles of organization and
operation of the Government Apparatus of
The Socialist Republic of Vietnam
c. The principle of legality
Article 8 of The 2013 Constitution of the
Socialist Republic of Vietnam
In state administration, state administrators
employ law as the basic tool to ensure the
performance of their tasks. State agencies and
employees as well as all citizens must strictly
abide by law
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d. The principle of the Communist Party’s leadership
in state administration
• Article 4 of The 2013 Constitution of the Socialist
Republic of Vietnam
• The Communist Party is the ruling party, leading the
State and society. This has been acknowledged in the
Constitution of the Socialist Republic of Vietnam. The
Party’s leadership is comprehensive, covering all
political, economic, cultural and social aspects and all
legislative, executive and judicial fields. However, the
Party does not intervene in professional activities of
state bodies and “all organizations of the Party shall
operate within the framework of the Constitution and
law,” as clearly stated in the Constitution.
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2.2. The system of authorities in the Government apparatus of the
Socialist Republic of Vietnam
System of System of System of System of
power management judgement investigation President
authority authority authority authorities
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• Separation of powers refers to the
division of a state's government
into "branches", each with
separate, independent powers
and responsibilities, so that the
powers of one branch are not in
conflict with those of the other
branches.
• The term "tripartite system" is
commonly ascribed to French
Enlightenment political
philosopher Baron de
Montesquieu
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2.2.1 System of power authority
Leading by The National Assembly
Article 69
The National Assembly is the highest representative body of the People and the
highest state power body of the Socialist Republic of Vietnam.
The National Assembly shall exercise constitutional and legislative powers, decide on
important issues for the country, and conduct the supreme oversight over the activities
of the State.
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PRACTICE: FILLING THE BLANKS
FUNCTIONS ACTIVITIES
The highest body of the It is elected by voters nationwide in universal, equal,
People and secret ballots
The legislative body represents the will and aspirations
of the people and is empowered by the People to decide on
the country’s major matters . It takes responsibility before the
people
the power body of the Socialist It exercises constitutional and leggislative powers, decide on
Republic of Vietnam. issues for the country, and conduct the supeme oversight
over the activities of the State .
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Questions
1. How long is the term of NA? 5 years
Chairperson of the NA, The Standing Committee, The Ethnic
2. What are the organs of NA? Council, and Committees of the NA.
3. How the NA’s sessions are conducted? The National Assembly shall hold sessions in
public Public sessions and private sessions
4. How often NA’s session are hold? The National Assembly shall hold two sessions a
year
5. How many vote is need to pass the law?
Luât, ngh quyt ca Quc hi phi c quá na tng s i biu Quôc hi biu
quyt tán thành, tr cac trng hp Quc hi bãi nhim i biu Quc hi , rút ngn hoc
kéo dài nhim k ca Quc hi và sa i Hin pháp, thì phi c ít nht là hai phn ba
tng sô i biu Quôc hi biu quyt tán thành.
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How to make a law? 7 steps
Note: The National Assembly assigns the Law Committee, the Ministry of Justice and other relevant
agencies to produce a report explaining opinions and revisions to the draft legislative programme.
Source: UNDP (2012), Legislative Processes and Procedures of the National Assembly, Research Report,
Hanoi.
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2.2.2 System of management authority
Leading by THE GOVERNMENT
Article 94
The Government is the highest state administrative body of the Socialist Republic of
Vietnam, shall exercise executive power, and is the executive body of the National
Assembly.
The Government is responsible to the National Assembly and shall report on its work
to the National Assembly, the Standing Committee of the National Assembly and the
President.
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2.2.2 System of management authority
Article 95
The Government is composed of the Prime Minister, Deputy Prime Ministers,
Ministers, and Heads of ministerial-level agencies.
The structure and number of members of the Government shall be decided by the
National Assembly.
The Government shall work on a collegial basis and make its decisions by a vote of
the majority.
Article 97
The term of the Government follows the term of the National Assembly. At the
expiration of the term of the National Assembly, the Government shall remain in office
until a new Government is elected by the succeeding National Assembly.
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1. Ministry of Foreign Affairs (Bộ Ngoại giao)
2. Ministry of Defence (Bộ Quốc phòng)
3. Ministry of Public Security (Bộ Công an)
4. Ministry of Home Affairs (Bộ Nội vụ)
5. Ministry of Justice (Bộ Tư pháp)
6. Ministry of Finance (Bộ Tài chính)
7. Ministry of Industry and Trade (Bộ Công thương)
8. Ministry of Planning and Investment (Bộ Kế hoạch và Đầu tư) 4 ministry-level agencies:
9. Ministry of Agriculture and Rural Development (Bộ Nông nghiệp và Phát triển
Nông thôn) 1. Government Office (Văn phòng Chính
10. Ministry of Construction (Bộ Xây dựng) phủ), headed by a Chief (Chủ nhiệm)
11. Ministry of Transport (Bộ Giao thông Vận tải) 2. Government Inspectorate (Thanh tra
Chính phủ), headed by an Inspector-
12. Ministry of Education and Training (Bộ Giáo dục và Đào tạo)
General (Tổng Thanh tra)
13. Ministry of Science and Technology (Bộ Khoa học và Công nghệ) 3. State Bank of Vietnam (Ngân hàng Nhà
14. Ministry of Natural Resources and Environment (Bộ Tài nguyên và Môi trường) nước Việt Nam), headed by a Governor
15. Ministry of Information and Communications (Bộ Thông tin và Truyền thông) (Thống đốc)
16. Ministry of Health (Bộ Y tế)
4. Committee for Ethnic Minority Affairs (Ủy
ban Dân tộc), headed by a Chief (Chủ
17. Ministry of Labour, Invalids and Social Affairs (Bộ Lao động - Thương binh và
Xã hội) nhiệm)
18. Ministry of Culture, Sports and Tourism (Bộ Văn hóa, Thể thao và Du lịch)
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Local level
• Article 110
1. The administrative units of the Socialist Republic of Vietnam shall be defined as
follows:
The country shall be divided into provinces and centrally run cities;
A province shall be divided into rural districts, towns, and provincial cities; a centrally
run city shall be divided into urban districts, rural districts, towns, and equivalent
administrative units;
A rural district shall be divided into communes and townships; a town or provincial city
shall be divided into wards and communes; and an urban district shall be divided into
wards;
Special administrative-economic units may be established by the National Assembly.
2. The establishment, dissolution, consolidation, separation or adjustment of the
boundaries of, an administrative unit shall be consulted with local People and must
comply with the process and procedures prescribed by a law.
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• Article 113
1. The People’s Council is the local state power body, representing the will,
aspirations and right to mastery of the local People, shall be elected by the
local People, and is responsible to the local People and state agencies at
higher levels.
2. The People’s Council shall decide on local issues as prescribed by a law;
and supervise the observance of the Constitution and law in its locality and
the implementation of its own resolutions.
Article 114
1. The People’s Committee at a local administration level, which shall be
elected by the People’s Council of the same level, is the executive body of the
respective People’s Council and is the local state administrative body, and is
responsible to the People’s Council and state administrative agencies at
higher levels.
2. The People’s Committee shall organize implementation of the Constitution
and law in its locality and implementation of the resolutions of the People’s
Council, and perform the tasks assigned to it by state agencies at higher
levels.
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2.2.3. System of judgement authority
Article 102
1. The People’s Courts are the judicial bodies of the Socialist Republic of Vietnam
and exercise judicial power.
2. The People’s Courts include the Supreme People’s Court and other Courts
prescribed by a law.
3. The People’s Courts have the duty to safeguard justice, human rights, citizens’
rights, the socialist regime, the interests of the State, and the lawful rights and
interests of organizations and individuals.
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Article 103
1. Except in the case of trial by summary procedure, Assessors shall participate in first-
instance trials by the People’s Courts.
2. During a trial, the Judges and Assessors are independent and shall obey only the law.
Agencies, organizations or individuals are prohibited from interfering in a trial by Judges and
Assessors.
3. The People’s Courts shall hold their hearings in public. In a special case which requires
protection of state secrets, conformity with the fine customs and traditions of the nation,
protection of minors or protection of private life and at the legitimate request of an involved
party, the People’s Court may hold a closed hearing.
4. Except in the case of a trial by summary procedure, the People’s Courts shall try cases
on a collegial basis and make decisions by a vote of the majority.
5. The adversarial principle shall be guaranteed in trials.
6. The first-instance and appellate hearing system shall be guaranteed.
7. The right of the accused or defendants to a defense, and the right of involved parties to
protect their lawful interests, shall be guaranteed.
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Judicial Proceedings in Vietnam
Example: Criminal proceedings
Initiation of
Denunciations criminal
and proceedings
information on against First instance Cassation
offenses accused trial review
Receipt of Prosecution Appellate
Denunciations instance trial
and
information on
offenses
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2.2.4. System of investigation authorities
Article 107
1. The People’s Procuracies shall exercise the power to prosecute and supervise
judicial activities.
2. The People’s Procuracies include the Supreme People’s Procuracy and other
Procuracies as prescribed by a law.
3. The People’s Procuracies have the duty to safeguard the law, human rights,
citizens’ rights, the socialist regime, the interests of the State, and the lawful rights and
interests of organizations and individuals, thus contributing to ensuring the strict and
unified observance of the law.
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The People’s Court/ Procuracy of the Socialist Republic of Viet Nam is vertically divided into
four levels, including:
The Supreme People’s
Court/Procuracy;
The High-level People’s Court/
Procuracy (currently there are
three high-level People’s Court/
Procuracies in Hanoi, Da Nang
and Ho Chi Minh City);
The People’s Court/Procuracies of provinces
and cities under Central authority (currently,
there are 63 provincial People’s
Court/Procuracies);
People’s Court/Procuracies of districts and cities under
provincial authority
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2.2.5. President
Article 86
The President is the Head of State and shall
represent the Socialist Republic of Vietnam
internally and externally.
Article 87
The President shall be elected by the National
Assembly from among its deputies.
The President is responsible, and shall report on
his or her work, to the National Assembly.
His or her term of office follows the term of the
National Assembly. At the expiration of the term
of the National Assembly, the President shall
remain in office until a new President is elected
by the succeeding National Assembly.
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