Legal System Of Vietnam

Content: General Introduction Politics of Vietnam Legislative branch Judicial branch Executive branch (with the general introduction about all the ministries) -----------------------------------------------------------------------------------Vietnam is a socialist country under the leadership of the Vietnam Communist Party. The Party holds a national congress every five years to outline the country's overall direction and future course as well as to formalize policies. The National Assembly, which includes 498 members and is open to non-Party members, is the supreme organ of state and the only body with constitutional and legislative power. The President of the State and the Prime Minister are elected by the National Assembly. The President has the right to nominate candidates for a number of key positions including the Chief Justice of the Supreme People's Court and the Procurator-General of the People's Office of Supervision and Control. Nominees are then approved by the National Assembly. The Prime Minister, who is charged with the day-to-day handling of the Government, has the right to nominate and dismiss the members of his cabinet, though only with the approval of the National Assembly. He also has at his disposal the power to cancel or suspend decisions or directives issued by the ministries. Communist Party Secretary General Nong Duc Manh (since April 22, 2001) Politburo, Central Committee Secretariat Party Committee The Communist Party of Vietnam, the vanguard of the Vietnam working class, the faithful representative of the rights and interests of the working class, the toiling people, and the whole nation, acting upon the Marxist - Leninist doctrine and Ho Chi Minh's thought, is the force leading the State and society. All Party organizations operate within the framework of the Constitution and the law. State The State guarantees and unceasingly promotes the people's mastery in all fields, and severely punishes all acts violating the interests of the motherland and the people; it strives to build a rich and strong country in which social justice prevails, all men have enough to eat and to wear, enjoy freedom, happiness, and all necessary conditions for complete development. National Assembly

Chairman Nguyen Phu Trong The National Assembly is the highest representative organ of the people and the highest organ of State power of the Socialist Republic of Vietnam. The National Assembly is the only organ with constitutional and legislative powers. The National Assembly shall decide the fundamental domestic and foreign policies,the socio-economic tasks, the country's national - defence and security issues, the essential principles governing the organization and activity of the State machinery, the social relations and the activities of the citizen. The National Assembly shall exercise supreme control over all activities of the State. Standing Committee of the National Assembly Chairman Nguyen Phu Trong The Standing Committee of the National Assembly is its permanent Committee. It is composed of: • The Chairman of the National Assembly; • The Vice-Chairman of the National Assembly; • The members. The membership of the Standing Committee shall be determined by the National Assembly. A member of the Standing Committee of the National Assembly cannot be at the same time a member of the Government. The Standing Committee of each legislature shall fulfil its tasks and exercise its powers until the election by the new legislature of a new Standing Committee. President Nguyen Minh Triet Being the Head of State, the President represents Vietnam internally and externally; shall be elected by the National Assembly from among its members. He is responsible to the National Assembly for his work reports to it. His term of office follows that of the National Assembly. Government Prime Minister Nguyen Tan Dung Governmental office address: 1 Hoang Hoa Tham Str., Hanoi. The Government is the executive organ of the National Assembly, the highest organ of state administration of the Socialist Republic of Vietnam. It shall carry out overall management of the work for the fulfillment of the political, economic, cultural, social , national - defense, security and external duties of the State. The Government shall ensure the effectiveness of the State apparatus from the center to the grassroots, ensure the respect for and implementation of the Constitution and the law; it shall promote the mastery of the people in national construction and defense, ensure security and improvement of the people's material

and cultural living conditions.The Government is accountable to the National Assembly and shall made its reports to the National Assembly, its Standing Committee, and the country's President. Supreme People's Court Presiding Judge Truong Hoa Binh The Supreme People's Court , the local People's Courts, the Military Tribunals and the other tribunals established by law are thejudicial organs of the Socialist Republic of Vietnam. Under special circumstances,the National Assembly may decide to set up a Special Tribunal.At the grassroots appropriate popular organizations shall be set up to deal with minor offenses and disputes among the people according to the provisions of the law. Trials before People's Courts with the participation of people's assessors and before Military Tribunals with the participation of military assessors shall be conducted in conformity with the provisions of the law. During a trial the assessors shall be on an footing with the judges. During a trial the judges and assessors are independent and shall only obey the law. The People's Courts shall hold their hearings in public, except in cases determined by law. Supreme People's Procuracy Head: Ha Manh Tri The Supreme People's Procuracy supervises and controls obedience to the law by Ministries, organ of ministerial rank, other organs under the Government, local organs of power, economic bodies, social organizations, people's and armed units and citizens. It exercises the right to initiate public prosecution, ensures a serious and uniform implementation of the law. The local Offices of Supreme People's Procuracy, the Military Offices of Procuracy supervise and control obedience to the law exercise the right to initiate public prosecution within the bounds of their responsibilities as prescribed by law. Politics of Vietnam Politics of Vietnam takes place in a framework of a single-party socialist republic. A new state constitution was approved in April 1992, reaffirming the central role of the Communist Party of Vietnam in politics and society, and outlining government reorganization and increased market reforms in the economy. Though Vietnam remains a one-party state, adherence to ideological orthodoxy has become less important than economic development as a national priority. The most important powers within the Vietnamese Government – in addition to the Communist Party – are the executive agencies created by the 1992 constitution: the offices of the president and the prime minister. The Vietnamese President, presently Nguyễn Minh Triết, functions as head of state but also serves as the nominal commander of the armed forces and chairman of the Council on National Defense and Security. The Prime Minister of Vietnam, presently Nguyễn Tấn Dũng, heads a cabinet currently composed of three deputy prime ministers and the heads of 26 ministries and commissions, all confirmed by the National Assembly. They were elected in 2002.

Notwithstanding the 1992 Constitution's reaffirmation of the central role of the Communist Party, the National Assembly, according to the Constitution, is the highest representative body of the people and the only organization with legislative powers. It has a broad mandate to oversee all government functions. Once seen as little more than a rubber stamp, the National Assembly has become more vocal and assertive in exercising its authority over lawmaking, particularly in recent years. However, the National Assembly is still subject to party direction. About 80% of the deputies in the National Assembly are party members. The assembly meets twice yearly for 7-10 weeks each time; elections for members are held every 5 years. There is a separate judicial branch, but it is relatively weak. Overall, there are few lawyers and trial procedures are rudimentary. The Socialist Republic of Vietnam is governed through a highly centralized system dominated by the Communist Party of Vietnam (CPV) (Đảng Cộng sản Việt Nam), which was formerly the Vietnamese Labor Party (1951-1976). The Socialist Republic of Vietnam exists today as a communist state. The present 14-member Politburo, elected in April 2006 and headed by the reelected Communist Party General Secretary Nông Đức Mạnh, determines government policy, and its eight-person Secretariat oversees day-to-day policy implementation. Although there has been some effort to discourage membership in overlapping party and state positions, this practice still continues to a certain extent. Senior Politburo members such as Nguyễn Minh Triết, Nguyễn Tấn Dũng, Nguyễn Phú Trọng, Lê Hồng Anh concurrently also hold high positions in the government and the National Assembly. In addition, the Party's Central Military Commission, which is composed of select Politburo members and additional military leaders, determines military policy. A Party Congress, meets every 5 years to set the direction of the party and the government. The Tenth National Congress of the Communist Party of Vietnam opened on April 18, 2006 and concluded on April 25, 2006 was attended by 1,176 delegates. The 160-member Central Committee, which was elected by the Party Congress, usually meets at least twice a year. Legislative branch The constitution recognizes the National Assembly of Vietnam as “the highest organ of state power.” The National Assembly, a 498-member unicameral body elected to a five-year term, meets twice a year. The assembly appoints the president (chief of state), the prime minister (head of government), chief procurators of the Supreme People’s Court and the Supreme People’s Office of Supervision and Control (the heads of the judiciary), and the 21-member cabinet (the executive). Ultimately, however, the Vietnamese Communist Party (VCP) has great influence over the executive and exercises control through the 150-member Central Committee, which elects the 15-member Politburo at national party congresses held every five years. Members of the party hold all senior government positions. Constitutionally, the National Assembly is the highest government organization and the highest-level representative body of the people. It has the power to draw up, adopt, and amend the constitution and to make and amend laws. It also has the responsibility to legislate and implement state plans and budgets. Through its constitution-making powers it defines its own role and the roles of the Council of

State, the Council of Ministers, the People's Councils and People's Committees, the Supreme People's Court, and the Supreme People's Organs of Control. The assembly can elect and remove members of the Council of Ministers, the chief justice of the Supreme People's Court, and the procurator general of the People's Supreme Organ of Control. Finally, it has the power to initiate or conclude wars and to assume other duties and powers it deems necessary. The term of each session of the National Assembly is five years, and meetings are convened twice a year, or more frequently if called for by the Council of State. Despite its many formal duties, the National Assembly exists mainly as a legislative arm of the VCP's Political Bureau. It converts Political Bureau resolutions into laws and decrees and mobilizes popular support for them. In this role, the National Assembly is led by the Council of Ministers acting through the Council of State and a variable number of special-purpose committees. Actual debate on legislation does not occur. Instead, a bill originates in the Council of Ministers, which registers the bill and assigns a key party member to present it on the floor. Before presentation, the member will have received detailed instructions from the party caucus in the assembly, which has held study sessions regarding the proposed legislation. Once the legislation is presented, members vote according to party guidelines. A general national election to choose National Assembly delegates is held every five years. The first election following the reunification of the North and South was held in April 1976 and the voters selected 492 members, of which 243 represented the South and 249 the North. In 1987 the Eighth National Assembly numbered 496 members. Because successful candidates were chosen in advance, the electoral process was not genuine. No one could run for office unless approved by the party, and in many cases the local body of the party simply appointed the candidates. Nevertheless, every citizen had a duty to vote, and, although the balloting was secret, the electorate, through electoral study sessions, received directives from the party concerning who should be elected. The elections in 1987, however, were comparatively open by Vietnamese standards. It was evident that the party was tolerating a wider choice in candidates and more debate. The Eleventh National Assembly (2002-2007) numbers 498 members. Judicial branch The Supreme People's Court of Vietnam is the highest court and the Court of Appeal in Vietnam. It functions under the authority of the National Assembly of Vietnam. Judges are appointed by the National Assembly of Vietnam for five year terms. Provincial Municipal Courts of Vietnam are lower level courts in Vietnam's judicial system. These courts are essentially provincial courts and report directly to the central government in Hanoi. Local Courts of Vietnam or People's Courts deal with legal issues at the district precinct levels. These courts report to provincial or municipal governments. Matters dealt by this court include: • labour disputes • individual disputes Military Courts of Vietnam deals with criminal matters within the military of

Vietnam. The are part of the court system in Vietnam The Supreme People's Court , the local People's Courts, the Military Tribunals and the other tribunals established by law are thejudicial organs of the Socialist Republic of Vietnam. Under special circumstances,the National Assembly may decide to set up a Special Tribunal.At the grassroots appropriate popular organi- zations shall be set up to deal with minor offenses and disputes among the people according to the provisions of the law. The tenure of the President of the Supreme People's Court shall be the same as that of the National Assembly.The regime of the appoint- ment, release from duty, dismissal,and the tenure of office of the judges;the system of election and the tenure of office of people's assessors in People's Courts at every level shall be determined by law.Trials before People's Courts with the participation of people's assessors and before Military Tribunals with the participation of military assessors shall be conducted in conformity with the provi- sions of the law. During a trial the assessors shall be on an foot- ing with the judges.During a trial the judges and assessors are in- dependent and shall only obey the law.The People's Courts shall hold their hearings in public, except in cases determined by law. The People's Courts shall try their cases collegially and their de- cisions shall be in conformity with the will of the majority. The right of the defendant to be defended is guaranteed.The defendant can either conduct his own defense or ask someone else to do it. An organization of barristers shall be set up to help the defendant and other parties in a law case to defend their rights and legitimate interest and contribute to the safeguarding of socialist legality. The People's Court shall guarantee that citizens of the Socialist Republic of Vietnam who are members of various nationalities can use their own respective languages and system, of writing in court. The Supreme People's Court is the highest judicial organ of the Socialist Republic of Vietnam. It supervises and directs the judicial work of local People's Court and Military Tribunals. It supervises and directs the judicial work of Special Tribunals and other tribunals, unless otherwise prescribed by the National Assembly at the establishment of such Tribunals. The president of the Supreme People's Court is responsible and makes his report to the National Assembly and, when the latter is not in session, to its Standing Committee and to the country's President.The President of the local People's Court is responsible to and makes his reports to the People's Council . The sentences and decisions of the People's Court which have acquired legal effect must be respected by State organs, economic bodies, social organizations,armed unit and all citizens. They must be seriously implemented by the individuals and organs concerned. Executive branch Organisational structure of the Government The organisational structure of the Government consists of: - Ministries - Ministerial Equivalents

The National Assembly can decide to establish or abolish certain Ministries and Ministerial Equivalents at the request of the Prime Minister Main office holders The president is elected by the National Assembly from among its members for a five-year term. The prime minister is appointed by the president from among the members of the National Assembly; deputy prime ministers are appointed by the prime minister. The Cabinet is appointed by the president on the proposal of the prime minister and ratification of the National Assembly. Position and function Government agencies which are mandated and authorised to exercise the State management function over sectors and areas; public services of respective sectors and areas; and control over, on behalf of the State and as stipulated by law, the State capital in State-owned enterprises. Government agencies which provide public services are mandated to exercise the State management function on behalf of the Government or provide important public services which require special oversight of the Government. These agencies are also assigned to carry out some tasks and authorities concerning the control over State capital in State-owned enterprises as stipulated by law. (Excerpt from the government Decree No. 20/2003/ND-CP dated April 1st, 2003 defining functions, mandates, authorities and organisational structure of government agencies). - Chairmen of government agencies are leaders of these agencies and responsible to the Prime Minister and the Government for implementation of functions, mandates and authorities assigned to their agencies. Chairmen of government agencies are not entitled to promulgate normative legal documents. The Prime Minister is the only person who has full competence to sign normative legal documents in order to ensure the State management of issues related to sectors and areas managed by government agencies.ff Duties and authority •

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Leading the operation of Ministries, ministerial equivalents, Governmentaffiliated agencies, People’s Committees at all levels; building and strengthening a unified State administrative apparatus from the central to local levels; guiding and supervising the implementation of legal documents issued by superior State agencies of People’s Councils; enabling People’s Councils to fulfil and execute their legal tasks and authorities; and training, upgrading, arranging and utilising civil servants and public employees; Ensuring the execution of the National Constitution and law by State agencies, socio-political organisations, social organisations, economic organisations, and civil and people’s armed bodies; organising and guiding the advocacy and educational activities for the people on the National Constitution and Law; Submitting draft Laws, Ordinances and other legal documents to the National Assembly and the Standing Committee of the National Assembly; Consistently managing the development of the national economy, culture, education, science and technology and public services; managing and guaranteeing effective use of people-owned assets; implementing socio-

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economic development plans, State budget, and national financial and monetary policies. Carrying out measures to protect the legitimate rights and benefits of citizens; enabling citizens to use their rights and fulfil their obligations; protecting the State and social assets and benefits; and preserving the environment; Reinforcing and strengthening the people’s national defence and security; guaranteeing national and social security and order; setting up people’s armed forces; executing call-up papers, orders to announce the State of emergency and other necessary measures to defend the country; Organising and leading the State efforts in inventory and statistics, inspection and monitoring, anti-corruption, combating all signs of corruption, red-tape and authoritarian behaviour in the State apparatus; addressing citizen’s complaints and accusations; Consistently managing the external relations, international negotiation and signing of international agreements on behalf of the State of the Socialist Republic of Vietnam, except for agreements which are signed by the Country’s President and the President of another country; negotiating, signing, approving and joining international treaties in the name of the Government; steering the implementation of international treaties of which the Socialist Republic of Vietnam is one signatory or member; protecting the State’s interests and legitimate benefits of overseas Vietnamese organisations and citizens; Implementing policies on social, national and religious issues; consistently managing the emulation, commendation and reward activities; Making decisions on adjusting border lines between administrative units in central cities and provinces; Cooperating with the Central Committee of the Vietnam’s Fatherland Front, the Standing Committee of the Vietnam’s Labour Federation and Standing Committees of mass organisations while executing its responsibilities and authorities; facilitating the effective operation of these organisations.

Ministry of Foreign Affairs The Ministry of Foreign Affairs is a Government agency performing the function of State management in the field of foreign affairs, including issues on: diplomatic affairs, national borders and territories, overseas Vietnamese; signing and implementing international treaties, overseas missions and public services in these fields; and representing the State ownership rights to the State investment capital in enterprises in fields under its management as prescribed by law. Ministry of Justice The Ministry of Justice (MOJ), is a Government agency which has the function of implementing State management in the fields of legal system formulation, normative legal documents review, dissemination and education on law, civil cases enforcement, judiciary administration and support, and other judiciary issues nationwide; and over public services in its fields of management in accordance with legal provisions. Ministry of Trade (now not avaiable) The Ministry of Trade (MOT), is a Government agency which has the function of implementing State management in the field of commerce and over public services in this field; representing the State ownership in enterprises with State investment

capital under the Ministry’s management according to legal regulations. Ministry of Labour, Invalids and Social Affairs The Ministry of Labour, Invalids and Social Affairs (MOLISA) is a Government agency which has the function of implementing State management in the fields of labour, jobs, work security, vocational training, policies for invalids, revolutionary martyrs and estimable people, social sponsorship, social evils prevention (generally considered as the fields of labour, invalids and social affairs) in a national scale, and over public services in these fields; representing the State ownership in enterprises with State investment capital under the Ministry’s management according to legal provisions. Ministry of Transportation The Ministry of Transportation is a Government agency which has the function of implementing State management in the fields of road, railway, river, sea and air transportation nationwide and over public services in these fields; representing the State ownership in enterprises with State investment capital under the Ministry’s management as prescribed by law. Ministry of Construction The Ministry of Construction is a Government agency which has the function of implementing State management in the fields of construction; building materials; houses and offices; urban architecture, planning for construction and rural planning for construction; urban infrastructure; and over public services in these fields; representing the State ownership in enterprises with State investment capital under the Ministry’s management as prescribed by law. Ministry of Fisheries (now not avaiable) The Ministry of Fisheries is a Government agency which has the function of implementing State management in the field of aquaculture, including growing, processing, protecting and developing sources of aquatic species, and over public services in this field; representing the State ownership in enterprises with State investment capital under the Ministry’s management as prescribed by law. Ministry of Culture and Information The Ministry of Culture & Information is a Government agency which has the function of implementing State management in the fields of culture and information, including cultural heritage, performance arts, movies, fine arts, photography, exhibitions, the press, publications, authorship for literature and art works, libraries, advertising, mass culture, propaganda, and over public services in these fields; representing the State ownership in enterprises with State investment capital in the fields of culture and information and according to legal provisions. Ministry of Education and Training The Ministry of Education & Training is a Government agency which has the function of implementing State management in the field of education, including pre-school, general, professional high-school, tertiary, post-graduate education and non-regular training, and over public services in these fields; representing the State ownership in enterprises with State investment capital under the Ministry’s management and according to legal provisions. Ministry of Agriculture and Rural Development The Ministry of Agriculture and Rural Development (MARD) is a Government agency

which has the function of implementing State management in the fields of agriculture, forestry, salt production, irrigation and rural development nationwide; and over public services in these fields; representing the State ownership in enterprises with State investment capital under the Ministry’s management and according to legal provisions. Ministry of Industry The Ministry of Industry is established by the Government and responsible to the Government for State management of the industrial sector namely mechanical engineering, metal industry, new energy, renewable energy, oil and gas, mineral mining, chemicals (including the pharmaceutical industry), industrial explosive materials, consumer-goods industry, foodstuff industry and other processing industries throughout the country; implements State management of public services and represents the State ownership in State-shared enterprises in industries managed by the Ministry under the Law. Ministry of Planning and Investment The Ministry of Planning and Investment (MPI) is a Government agency which has the function of implementing State management in the field of planning and investment, including: providing comprehensive advice on the formulation of country-level socio-economic development strategies, programmes and plans, on economic management mechanisms and policies for general management as well as for some specific areas; on domestic and foreign investments, industrial and processing zones, on Official Development Aids (ODA) management, contracting, enterprise and business registration nationwide; and over public services in these fields under the Ministry’s management and according to legal provisions. Ministry of Public Health The Ministry of Health (MOH) is a government agency responsible for the State management on health care and treatment in areas such as disease prevention, health consultation, disease treatment, rehabilitation, traditional medicine, medicine production for disease prevention and treatment, control of health-related products, food safety control and healthcare equipment. MOH also exercises the State management function over health-related public services and on behalf of the Government, the control over State capital in State-owned enterprises managed by MOH as stipulated by law. Ministry of Science and Technology The Ministry of Science and Technology (MOST) is a government agency responsible for the State management on science and technology activities; development of science and technology potential; definition of standards, measurements and quality of products; reservation of intellectual property rights; development of anatomic power and assurance of radiation and nuclear safety; and public services related to science and technology. MOST also exercises the State management function over the control over State capital in State-owned enterprises managed by MOST on behalf of the Government and as stipulated by law. Ministry of Natural Resources and Environment The Ministry of Natural Resources and Environment (MONRE) is a government agency responsible for State management of natural resources i.e. land, water, minerals and environment; hydrometeorology; geographic measurement and topography. MONRE also exercises the State management function over public services and the control over, on behalf of the Government, State capital in State-

owned enterprises in areas of land resource, water resource, mineral resource, environment, hydrometeorology, geographic measurement and topography as stipulated by law. Ministry of Home Affairs The Ministry of Home Affairs (MOHA) is a government agency responsible for the State management of organisation of the State administrative apparatus; organisation of local administrations; administrative land borders; contingent of cadres and public servants; associations and non-governmental organisations; State stationary and archive systems. MOHA also exercises the State management function over related public services and the control over, on behalf of the Government, State capital in State-owned enterprises managed by the Ministry as stipulated by law. The State Inspectorate The State Inspectorate is a government, ministerial-level agency responsible for the State management of inspection; settlement of complaints and denunciations; enforcement of inspectorate rights; prevention and fighting against corruption within its competency The State Bank The State Bank of Vietnam (hereinafter shortened to: State Bank) is a government ministerial-level agency responsible for the State management of monetary issues, banking and acting as the Central Bank of the Socialist Republic of Vietnam. The State Bank also exercises the State management function over banking public services and the control over, on behalf of the Government, State capital in Stateowned enterprises of the banking sector as stipulated by law. Office of the Government The Office of the Government (OOG) is a ministerial-level agency, assisting the Government and the Prime Minister. OOG functions are: To organise the general activities of the Government and the Prime Minister; advise the Prime Minister on the direction and administration of general activities of the State administrative apparatus; assist the Prime Minister in organising the regulation and coordination of activities of ministries, ministerial-level agencies, agencies attached to the Government, People’s Councils and People’s Committees of provinces and centrally-run cities for the implementation of the Government’s and Prime Minister’s working programmes and plans; to develop, manage and strictly observe the Government’s and Prime Minister’s Working Regulations and working programmes and plans; and ensure the material and technical conditions for the Government’s and Prime Minister’s activities.