>>The state structure and legislation of former Saigon regime
>>Vietnamese state: its structure and operation during the anti-American war period (1954-1975)
Pham Diem
The State and Law Research Institute
The emergence of the revolutionary administration in South Vietnam during the period of resistance war against the US imperialists for national salvation was the basic political outcome of the process of struggle of the entire Vietnamese nation, the people of South Vietnam included, under the leadership of Communist Party of Vietnam.
The system of revolutionary administration in South Vietnam underwent two major stages of development.
I. The South Vietnam National Liberation Front which functioned as a revolutionary administration (1960-1969)
After the 1954 Geneva Agreement on Indochina was signed, the Vietnam People’s army regrouped to the North while the revolutionary organizations in the South had to withraw into secret activities, having shifted from armed struggle to mainly political struggle. In spite of barbarous suppression by the US and Saigon administration, the revolutionary movement in South Vietnam had by the late ’50s developed into a vigorous high tide, sweeping away the adversary local administrations in many rural areas. By the end of 1960, people had set up their self-ruled administrations in 1,383 of the total 2,627 communes throughout South Vietnam while paralyzing the puppet administration in other communes. The liberated zone quickly expanded with a population of about 5.6 million and an area of 170,000 hectares. During this revolutionary high tide which culminated in the general uprising in late 1960, the revolutionary armed forces were formulated, comprising the guerrilla and militia force, the regional army and the regular army.
The victory of strategic significance of the general uprising shook to the roots the Ngo Dinh Diem administration, broadened the revolutionary base where a people’s democratic regime was set up. This created decisive conditions for the initial step of development in the process of revolutionary struggle to regain power in South Vietnam. The South Vietnam National Liberation Front emerged and functioned as the revolutionary administration.
On December 20, 1960, representatives of the patriotic forces in South Vietnam (including various political parties, mass organizations, different ethnic groups, religions, people of all strata) met at Tan Lap commune, Chau Thanh district (now Tan Bien district) of Tay Ninh province in a congress to found the South Vietnam National Liberation Front. The congress adopted a Declaration and a Program of Action to concretize it, which were the basic political documents of the Front. A provisional Central Committee of the Front was elected.
The South Vietnam National Liberation Front performed a dual functions, first as a united national front to unite all patriotic forces in South Vietnam throughout the process of its existence from its founding to the unification of all fronts in the country (1960-1977), and secondly as a revolutionary administration in the first stage (1960-1969) before the Provisional Revolutionary Government of the Republic of South Vietnam was set up.
1/ The Front’s second function as a revolutionary administration was reflected through its organizational structure and operation.
On the basis of the Front’s dual strategic tasks: struggling against imperialists for national independence and struggling against the feudalistic to bring land to the tillers, its Declaration set forth the following concrete tasks:
a/ To topple the colonial regime beefed up by the US imperialists and the nepotic administration of Ngo Dinh Diem, the US imperialists lackey, and establish a national democratic alliance administration.
b/ To build a democratic and progressive regime, promulgate the people’s rights to freedom of speech, press, religious belief, meeting, association and movement and other democratic freedoms.
To release the political prisoners, dismantle all concentration camps, land-reclaiming zones, to annul the fascist law of 10-59 and other non-democratic legislation.
c/ To abolish the economic monopoly by the US imperialists and their stooges, to protect the home-made goods, promote domestic industrial production, develop agriuclutral production and build an independent and sovereign economy.
d/ To reduce rent, redistribute public land then carry out a land reform.
e/ To abolish the enslaved and decadent culture of the US type and build a national and progressive culture and education. To eradicate illiteracy, open more schools and reform the study and examination regimes.
f/ To disregard the regime of US advisers, to abolish foreign military bases in Vietnam and build a national army to defend the Fatherland and the people.
g/ To ensure the equality between men and women, between ethnicities, ensure the self-rule rights for ethnic minorities. To protect the legitimate interests of expatriates living in Vietnam; to protect and attend to the interests of Vietnamese overseas.
h/ To pursue a foreign policy of peace, neutrality and establish diplomatic relations with all countries that respect independence and sovereignty of Vietnam.
i/ To restore the normal relations between the two zones then proceed to unify the country.
k/ To struggle against aggressive war and actively defend world peace.
The Declaration reflected a strategic line and flexible and clever tactics. Clearly, the above contents showed that the Declaration was not only a political program of the Front to unite the entire population but also a constitutional convention of an administration with its concrete tasks.
The Front was structured into a unified system from the central to grassroots level to perform the domestic and external functions of a state.
The Front’s Congresses, of which gathered representatives of people from all walks of life, exercised the Front’s supreme powers, that was to map out internal and external policies, to elect various bodies of the Front. All the Front’s documents were of the highest legal value. So, while the revolutionary forces had no conditions to organize a legislative election in South Vietnam, the Front’s Congress, in fact, performed the tasks and powers of a war time National Assembly.
After its founding, the South Vietnam National Liberation Front held its first congress in 1962, electing the official Central Committee. After its second congress held in 1964, the Front organized an extraordinary congress in 1967, proclaiming its Political Program aimed at expanding the national unity bloc in face of the US imperialists’ intensified war of aggression in Vietnam.
The Front’s Central Committee, elected by its congress, was the standing body of the Front, which mobilized efforts for and supervised the implementation of policies set forth by the Front’s congresses and elaborated guidelines and policies detailing and implementing the documents passed by the Front’s congress. The Central Committee was headed by the Presidium comprising the President and Vice-Presidents. Attached to and elected by the Front’s Central Committee were functional committees (the Military Committee, the Economic-Financial Committee, the Committee for Information, Culture and Education, the Communications and Transport Committee, the Liberated Zone Management Committee, the External Affairs Committee) and functional councils (The Public Health Council, the Commendation Council, the War Invalids and Deads Council...). In fact, these committees and councils functioned as ministries of a government. So, the Front’s Central Committee in fact performed the functions, tasks and powers of a wartime government.
Local Committees of the Liberation Front: By the end of 1961, local committees of the Liberation Front had been set up in central and southern Central Vietnam, eastern and western South Vietnam and the Saigon-Gia Dinh Special Zone, covering 38 of the total 41 provinces and cities of South Vietnam. The Front’s organizations were also founded at district and commune levels. So, the local committees of the Liberation Front were set up at four levels: regional, provincial or municipal, district and communal. In areas where the revolutionary administrations were yet founded, the local Front committees functioned as the local revolutionary administrations. A resolution of the Politbureau of the Communist Party of Vietnam Central Committee (passed in November 1961) said: “Our aim is to topple the adversary administration and build a revolutionary one. In the immediate future, in mountainous areas and some delta regions, if the enemy’s administrations disintegrate, the local Front committees shall also perform the tasks of maintaining security, law and order, guiding the people in their study, production and daily life, improving the people’s life, maintaining revolutionary order. These are the seeds of a future revolutionary administration.”
The resolution of an enlarged conference of the Communist Party of Vietnam organization in South Vietnam also detailed: “All Front committees of communes and districts perform the tasks of the commune and district People’s Councils. Some of executive members shall take charge of the administrative affairs while others undertake the Front’s work. In contested zones where the political struggles were combined with armed struggles, the Front’s committees also functioned as the revolutionary administrations.”
Externally, the South Vietnam National Liberation Front performed the function of external relations like a State. It joined 11 international organizations and established diplomatic relations with 18 countries and was widely recognized and supported by 41 countries, 26 international organizations as well as many political parties and mass organizations in various countries.
2. Forms of the Front’s local revolutionary administration
- Local people’s self-rule committees which emerged during the 1950-1960 general uprising movement then later became the first form of the Front’s revolutionary administration which managed local affairs and protected the people’s interests.
- Local liberation committees: After their failure in the “special warfare”, the US imperialists massively introduced troops into South Vietnam for a “local war”. The US imperialists and Saigon administration stepped up land-grabbing operations against liberated zones. In face of such situation, the people’s self-rule committees were reorganized into the liberation committees, bringing into the fore the primary tasks of a revolutionary administration, that was to struggle against the imperialists and liberate the country.
- The local people’s revolutionary committees which emerged in replacement of the liberation committees after the Spring 1968 general offensive and uprising that foiled the US local war. By June 1969, provincial/municipal People’s Revolutionary Committees had been set up in 34 of the total 44 provinces and 4 of the total 6 cities throughout South Vietnam; and the people’s revolutionary committees had also been founded in 1,300 of the total 1,600 communes as well as many provincial and district towns.
Such people’s revolutionary committees were elected by the Front’s member organizations or directly by local population.
Regarding the relationship between the local revolutionary administrations and Front committees, the local revolutionary administrations maintained a close relationship of coordination with the Front committees; and by then the entire system of local administrations had been placed under the South Vietnam National Liberation Front.
In liberated zones, the Front organizations, together with the local revolutionary administrations, mobilized, united and organized people to fight back the adversary’s mopping-up operations, defend the liberated zone, build a new life and contribute material and human resources to the national cause of revolution.
3. Historical and legal significance of the Front
The South Vietnam National Liberation Front inherited and brought into the fullest play the experiences of the former Vietnam Independence and Alliance Front during the anti-French war of resistance. The latter gathered mainly the patriotic forces inside the country and performed the domestic functions of a state while the former gathered not only the patriotic forces in the country but also wide support of progressive forces in the world and performed not only the domestic but also the diplomatic functions of a state.
The emergence of the South Vietnam National Liberation Front was of great political and legal significance for the resistance against the US imperialists for national salvation. In the first days of the revolution in South Vietnam when the revolutionary administrations were set up in localities and the provisional revolutionary government of South Vietnam was not founded yet, the South Vietnam National Liberation Front not only was able to gather and unite patriotic forces but also constituted a political form suitable to the level of political consciousness and capability of the patriotic people of all strata. At the same time, the Front was able to temporarily manage activities in the liberated zone, thus raising the legality and justice of the struggle of South Vietnam people. It created premise and political foundations for the establishment of the provisional revolutionary government.
II. The Republic of South Vietnam State (1969-1976)
1. Its establishment, organizational structure and operation
The Republic of South Vietnam State was founded through two steps:
The consultative conference between the South Vietnam National Liberation Front and the Alliance of National, Democratic and Peace Forces of Vietnam (1) was held on May 23, 1969. The conference decided to organize the National Congress of South Vietnam and set up a preparatory committee therefor.
The South Vietnam National Congress met in three days from June 6-8, 1969 with the participation of representatives from all patriotic forces (political parties, mass organizations, ethnicities, religions, armed forces, people from all walks of life). The Congress adopted the basic resolution on the establishment of the Republic of South Vietnam regime and the Provisional Revolutionary Government of the Republic of South Vietnam, and an important appeal. The Congress elected the Provisional Revolutionary Council and an Advisory Council of the Provisional Revolutionary Government. The appeal said: “The national congress of South Vietnam representatives warmly welcomes and officially acknowledges the solemn statement of the South Vietnam National Liberation Front Central Committee to transfer to the Provisional Revolutionary Government the State functions, internal and external as well, and the status of official representative of the South Vietnam people at the Paris Conference on Vietnam, which was brilliantly performed by the Front.”
In a war circumstance where a legislative election could not be held, the National Congress of South Vietnam Representatives, with the participation of a large number of people from various social and political strata and adoption of documents of constitutionality and the election of the supreme State bodies, performed the functions of a constituent assembly.
Following the establishment of the Republic of South Vietnam State, the Communist Party of Vietnam issued the following specific directive on the consolidation of the Provisional Revolutionary Government and the promotion of its role:
“a/ With regard to the local administrations of all levels, the establishment of the revolutionary administrations in areas where there is none or in liberated areas must couple with the consolidation of the organizations of the revolutionary administration and the promotion of its role so as to step up the war of resistance against the US imperialists for national salvation.
b/ To strive to bring into full play the role of the Provisional Revolutionary Government. In the immediate future, it is necessary to well perform the following tasks: To formulate various agencies and apparatuses of the Government for the implementation of its tasks. First, to build a working order and relationship among different levels of the administration system from the central to the grassroots. To study and promulgate a number of policies and regulations of the Government so as to cope with the current situation. To regularly propagate for the role and activities of the Provisional Revolutionary Government and local administrations of all levels.
c/ To fulfill the above-mentioned tasks, the leadership of the Party Committees at all levels over the administration must be enhanced.”
The political regime of the Republic of South Vietnam State, though called a republic to unite all forces that advocated peace and national independence, was by nature the people’s democratic republic.
The Republic of South Vietnam State was organized in a centralized manner from the central to grassroots levels according to the principle of democratic centralism suitable to wartime situation.
The Provisional Revolutionary Government Council: It was composed of the President, Vice-Presidents and ministers. Right after its founding, the Provisional Revolutionary Government set up the Ministry of Defense, the Ministry for Foreign Affairs, the Ministry of the Interior, the Ministry of Economy and Finance, the Ministry of Information and Culture, the Ministry of Education and Youth, the Ministry of Health, War Invalids and Social Affairs and the Ministry of Justice.
On its legal status, the Provisional Revolutionary Government, as prescribed in the basic resolution of the National Congress of South Vietnam Representatives, was the representative of the South Vietnam people, being entrusted with the right to exercise the people’s powers, including the legislative, executive and judicial powers, and fully entitled to handle all domestic and external affairs of the State. It had the following concrete powers:
- The legislative power, to promulgate decrees of legislative character (Article 7 of the basic resolution of the National Congress of South Vietnam Representatives).
- The executive powers, to manage and run all affairs, to promulgate decrees, directives, circulars..., to unformly lead the local revolutionary administrations of all levels, to determine the tasks, powers and organizational structure of the Revolutionary People’s Councils and the Revolutionary People’s Committees of all levels (Articles 7 and 11 of the basic resolution).
- To set up and determine the organizational structure of the people’s courts and the people’s procuracy.
- To conduct external activities: establishing diplomatic, economic and cultural relations with foreign countries; signing international treaties, etc. (Article 7 of the basic resolution).
The Advisory Council of the Provisional Revolutionary Government: It was composed of the President, Vice-Presidents and members, who were representatives of the National Liberation Front, the Alliance of National, Patriotic and Peace Forces of Vietnam and mass organizations.
Regarding its functions and tasks, the Advisory Council was set up to assist the Government in reflecting fully the aspiration of the entire population in its activities and further expanding the national unity bloc in the revolutionary administration (Article 12 of the basic resolution). It also advised the Government on the elaboration of domestic and external policies, the promulgation and amendment of legal documents.
The local revolutionary administrations: Under the basic resolution, the local revolutionary administrations included the Revolutionary People’s Councils and their executive bodies, namely the Revolutionary People’s Committees, which were set up at all levels: provincial and municipal, urban and rural district, commune and city ward. Through universal suffrage, people elected deputies to the Revolutionary People’s Councils which in turn appointed members of the Revolutionary People’s Committees. In localities where war conditions did not permit the election through universal suffrage, congresses of people’s representatives were held to appoint the Revolutionary People’s Committees (Article 11 of the basic resolution).
In order to meet the requirement of managing the chained and expanded liberated zone, in 1971, Government representations were set up in four regions (central Central Vietnam, southern Central Vietnam, eastern South Vietnam and western South Vietnam).
On September 12, 1974, the Provisional Revolutionary Government Council issued Decree No.1/ND/74 specifying the organizational structure, tasks ad powers of the local revolutionary administrations. Under this Decree, all the local revolutionary administrations were structured comprehensively, comprising the Revolutionary People’s Councils as the State power bodies and the Revolutionary People’s Committees as the executive bodies in the localities. On that basis, the Revolutionary People’s Councils and People’s Committees of the regional or equivalent level were set up in replacement of the Government representations in regions.
The local people’s courts and people’s procuracies: These bodies were set up only after the complete liberation of South Vietnam under Decree No.01/SL-76 of March 15, 1976 of the Provisional Revolutionary Government Council.
Overseas diplomatic missions;
After its founding, the international prestige of the Provisional Revolutionary Government was increasingly heightened and its external relations widely expanded. It opened embassies in nearly 20 countries and information offices in many others, including France, Sweden, Norway, Denmark, Finland, and appointed its representatives to a number of international organizations.
2. Legislation
In the liberated zone, the Saigon administration’s laws and regulations were completely abrogated. Yet, due to fierce war conditions, the number of legal documents promulgated by State of the Republic of South Vietnam were not many (some 40 documents in all), adequate and complete. The promulgated legislation concentrated on the institutionalization of the most fundamental and important issues of the revolutionary strategies and tactics as well as on urgent tasks. Such documents were mainly in the form of policy. Following were some major ones:
- The basic resolution of June 8, 1969 of the National Congress of South Vietnam Representatives, which was of the constitutional value, having the highest legal effect like the basic law of a State. It defined the political regime, policies, tasks and organization of the State of the South Vietnam Republic.
- The Program of Action of the Provisional Revolutionary Government, which was issued on June 10, 1969 concretizing the basic resolution.
- The September 12, 1974 Decree of the Provisional Revolutionary Government Council, stipulating the tasks and organization of the local revolutionary administration.
- The March 15, 1975 Decree of the Provisional Revolutionary Government Council defending the policy to maintain order and security in the liberated zone.
- The 7-point policy issued on March 25, 1975 by the Provisional Revolutionary Government towards soldiers, officers and officials of the Saigon puppet administration.
- The 10-point policy issued on April 1st, 1974 by the Provisional Revolutionary Government towards the newly liberated areas.
- Three decrees issued on March 15, 1976 by the Provisional Revolutionary Government Council respectively on the establishment of the local people’s courts and people’s procuracies; to the procedures for arresting people, body search, house and object inspection; and on crimes and penalties therefor.
3. The historical and legal significance of the Republic of South Vietnam State
The establishment of the Republic of South Vietnam State was of great political and legal significance for the Vietnamese people’s war of resistance against the US imperialists for national salvation.
In the diplomatic struggle against the US and Saigon administration at the Paris conference on Vietnam, there had to be a new proper form of political organization higher than the National Liberation Front, as counterbalance to parties to the conference. Hence, the emergence of the Republic of South Vietnam State, raised the legal status of the South Vietnam revolutionary administration at the Paris conference.
So, with the emergence of the Republic of South Vietnam State, the national unity bloc was ever broadened and Vietnam’s patriotic struggle gained increasing international support and sympathy. The revolutionary administration system in South Vietnam was consolidated at all levels from the central to the grassroots with its legal status as a state; and the management of the liberated zone was ever enhanced.
The Republic of South Vietnam State was the second step of development in the South Vietnam people’s process of struggle to regain the power.
In July 1976, the Republic of South Vietnam State and the State of the Democratic Republic of Vietnam merged into the Socialist Republic of Vietnam State; and the Republic of South Vietnam State fulfilled its glorious mission.-
Footnote:
(1) The Alliance of National, Democratic and Peace Forces of Vietnam was set up on April 20, 1968 to unite all patriotic forces in cities, that had not yet joined the National Liberation Front.