>>Vietnamese state: its structure and operation during the anti-American war period (1954-1975)
Pham Diem
The State and Law Research Institute
Following the victorious resistance war against the US for national salvation, there temporarily existed two different states with two different law systems: The Democratic Republic of Vietnam state in the North and the Republic of South Vietnam state in the South. As the result of the post-war national reunification such two states were unified, giving rise to the state of the Socialist Republic of Vietnam.
I. The establishment of the Socialist Republic of Vietnam State
After the war, Vietnam has entered a new period, the period of peace and national construction, in which the unification of the states became a major and urgent task which must be fulfilled as soon as possible so as to officialise the unification of Vietnam and create favourable conditions for the national unification in other domains.
The process of unification of states was effected through three steps:
1) The political consultative conference for national reunification was held from November 15-21, 1975 with the participation of the North Vietnam delegation appointed by the Standing Committee of the National Assembly of the Democratic Republic of Vietnam and South Vietnam delegation jointly by the Central Committee of the South Vietnam National Liberation Front, the Provisional Revolutionary Government of the Republic of South Vietnam and the Advisory Council of the Provisional Revolutionary Government.
The conference, which represented the people of all strata throughout the country, discussed and decided the requirements and contents of the national reunification as well as steps and measures to achieve the unification of the states, of which the important and immediate task was to organize a general election on the principle of universal suffrage to elect a National Assembly for the whole country.
The results of the political consultative conference for national reunification were approved by the National Assembly of the Democratic Republic of Vietnam and by the joint conference of the South Vietnam National Liberation Front Central Committee, the Provisional Revolutionary Government of the Republic of South Vietnam and its Advisory Council.
So, the political consultative meeting was a preparatory step of decisive significance for the process of the State unification.
2) The general legislative election on April 25, 1976
Following the political consultative conference, active preparations were made for the legislative election.
The revolutionary administration in South Vietnam reinstated civil rights to more than 95 percent of the officials of the former Saigon regime, who had well redeemed their past and reformed themselves.
The nomination of candidates for the general election was carried out in accordance with the 1960 Law on Election of National Assembly Deputies in the North and the February 20, 1976 Ordinance on Election of National Assembly Deputies in the South. Lists of candidates were scrutinized by grassroots mass organizations before they were submitted to the National United Front for consultation and official nomination. All such preparations for the general election contributed to raising the people’s consciousness and sense of responsibility in building the State.
On April 25, 1976, more than 23 million voters went to the poll, electing 492 deputies to the National Assembly of the unified Vietnam, accounting for 98.77% of the total number of voters throughout the country. Among the newly elected deputies to the National Assembly, 80 were workers, 100 were peasants, 54 armymen, 141 politicians, 98 intellectuals and public figures, 13 religious people.
So, after 30 years of hard and staunch struggle, a general election was again organized nationwide, which ushered in a new period for the Vietnamese State and legislation. The victory of such general election testified to the Vietnamese people’s iron will and determination to build a peaceful, independent, unified and prosperous Vietnam. It was of decisive significance for building a unified State of Vietnam.
3) The newly elected National Assembly held its first session from June 24 to July 3, 1976.
On July 2, 1976, the National Assembly adopted a resolution on the name of the country, the national flag, emblem, the national anthem and the capital city. In this resolution, the National Assembly solemnly declared to name the country the Socialist Republic of Vietnam.
Besides, the meeting also adopted the following important resolutions:
- The resolution to label the National Assembly of the unified Vietnam, which was elected on April 25, 1976, the VIth National Assembly, with a view to showing the continuity and uniformity of the Vietnamese state.
- The resolution on setting up 6 commissions of the National Assembly.
- The resolution on naming Saigon-Gia Dinh city the Ho Chi Minh City.
- The resolution on the establishment of the Committee for Drafting the Constitution of the Socialist Republic of Vietnam, a new Constitution.
- The resolution on the organization and operation of the State pending a new Constitution. Under this resolution, the State of the Socialist Republic of Vietnam was then structured as follows:
+ At the central level: The National Assembly, the State President and two State Vice-Presidents, the National Assembly Standing Committee, the Government Council, the Defense Council, the Supreme People’s Court and the Supreme People’s Procuracy.
+ At the local level: There existed administrative bodies of different levels: in provinces and cities directly under the Central Government, districts, wards, provincial capitals and towns, communes, district towns. At each administrative level, there were the People’s Council and the People’s Committee.
This resolution also stipulated: “Pending a new Constitution, the Socialist Republic of Vietnam State is organized and operates on the basis of the 1959 Constitution of the Democratic Republic of Vietnam”, and “The Government Council of the Socialist Republic of Vietnam speeds up the drafting of essential laws and ordinances in the new situation, then submit them to the National Assembly or its Standing Committee for adoption. For existing legislation (including laws, ordinances, decrees, resolutions, circulars...) of the Democratic Republic of Vietnam and the Republic of South Vietnam, the Government Council of the Socialist Republic of Vietnam shall guide the implementation thereof according to the reality.”
The National Assembly elected people to various posts of the highest-level State bodies as prescribed by the above-mentioned resolution. So, the national unification in terms of the State’s organizational structure and legislation was effected.
With the completion of the national unification in term of the State and the establishment of the Socialist Republic of Vietnam, which officialized the unification of Vietnam, the first session of the VIth National Assembly constituted an event of paramount importance in the political life of Vietnam and greatly resounded over the world then.
II. The operation and charac-teristics of the Vietnamese State in the 1975 - 1986 period
After the resistance war against the US, Vietnam has embarked on a period of peaceful national construction with numerous difficulties and hardships due to its war-ravaged and backward economy which also made the building of the new State an uphill task.
1) Building the State apparatus:
During the 1975 - 1986 period the National Assembly underwent two legislatures. The VIth legislature had its term prolonged (according to the resolution of its 6th session in December 1979) in order to hold a general election under the new Constitution. The VIIth legislature was elected on April 26, 1981 with 414 deputies, including 100 workers, 92 peasants, 49 armymen, 121 politicians, 15 patriotic personalities and religious people, 73 people of various ethnic minorities. At its first session, the VIIth National Assembly elected people to various high-level State bodies in accordance with the new Constitution. At its 10th session (in December 1985), the National Assembly adopted a resolution to prolong the VIIth legislature’s term for one more year to 6 with 12 sessions.
Regarding the Government, under the 1980 Constitution, the Government Council was renamed the Council of Ministers, with many new ministries and State Commissions set up. After the reunification of the country, the Government concentrated its efforts on socio-economic management.
Meanwhile, the local adminis-trations were strengthened through the merger of several northern provinces, the disintegration of zones as well as the reorganization of southern provinces into 20, plus Ho Chi Minh City, the new provinces included:
- Binh Tri Thien encompassing Quang Binh, Quang Tri, Thua Thien and Hue city.
- Quang Nam-Da Nang, encom-passing Quang Nam province and Da Nang city.
- Nghia Binh that embraces Quang Ngai and Binh Dinh.
- Phu Khanh embracing Phu Yen and Khanh Hoa.
- Gia Lai-Kon Tum embracing Gia Lai and Kon Tum.
- Dac Lac embracing Dac Lac and Quang Duc.
- Thuan Hai embracing Ninh Thuan, Binh Thuan and Binh Tuy.
- Lam Dong embracing Lam Dong, Da Lat city and part of Tuyen Duc province.
- Dong Nai embracing part of Tuyen Duc province, Long Khanh, Bien Hoa and Bien Hoa city.
- Song Be, embracing Thu Dau Mot and Binh Phuoc,
- Long An embracing Go Cong, My Tho and My Tho city.
- Cuu Long embracing Vinh Long and Tra Vinh.
- Hau Giang embracing Can Tho, Soc Trang and Can Tho city.
- Dong Thap embracing Sa Dec and Kien Phong.
- An Giang embracing An Giang, part of Long Chau Ha, part of Dong Chau Tien and part of Sa Dec province.
- Kien Giang embracing Ca Mau and Bac Lieu.
Only two provinces were kept intact, namely Tay Ninh and Ben Tre.
In May 1979, the VIth National Assembly adopted at its 5th session a resolution to set up the special zone of Vung Tau-Con Dao, directly under the Central Government.
In South Vietnam, the revolutionary administration was set up just after the liberation. Hence, the immediate task then was to strengthen it. On May 15, 1977, an election was held for the People’s Council of all levels. Through such election, the local administrations of all levels were unified throughout the country.
2) National construction
In the South, the market economy had taken shape during the colonial time but it was heavily dependent on foreign countries and seriously imbalanced. Meanwhile in the North, the material and technical bases were backward and most of the infrastructure as well as economic and cultural establishments were ravaged by the US air war of destruction, while foreign aid from the Soviet Union and other eastern European countries was substantially reduced.
In face of such situation, the Vietnamese State conducted the socialist transformation of the South Vietnam economy, having confiscated almost all business establishments of compradore capitalists as well as land of the landlords, mobilized peasants to join into agricultural cooperatives. During the 1975-1986, the State worked out two five-year plans, 1976-1980 and 1981-1985, for social-economic development. A number of big projects were built such as the Pha Lai thermal power plant, the Hoa Binh hydroelectric power plant, the Hoang Thach and Bim Son cement plants, Thang Long bridge.
Generally speaking, during the 1975-1986 period, Vietnam recorded certain achievements in national construction and also made some serious mistakes and shortcomings. Many socio-economic development targets were not achieved while a serious socio-economic crisis hit the country and people.
3. National defense:
After South Vietnam was liberated, the revolutionary administrations in localities discovered and frustrated various schemes and acts of sabotage of reactionary forces, having firmly maintained the political stability, social law and order and stabilized the social life.
Particularly in 1978 and 1979, Vietnam recorded great victories in the northern and southwestern border wars, having firmly defended the national sovereignty and territorial integrity.
4. On the diplomatic front
After the Cambodian people, with the support of the Vietnamese army, overthrew the genocidal clique of Pol Pot, the friendship between the two countries was restored. The Socialist Republic of Vietnam State signed various friendship and cooperation agreements with different countries such as Laos (the Friendship and Cooperation Treaty signed on July 18, 1977), the Soviet Union (the Friendship and Cooperation Treaty signed on November 3, 1978), Cambodia (the Peace, Friendship and Cooperation Treaty, February 18, 1979)... And on September 21, 1977, Vietnam was admitted into the United Nations.
In spite of all these, Vietnam was still confronted with numerous difficulties in the diplomatic field due to the US-led embargo against the country, thus being unable to mobilize foreign investment for national construction.
In short, during this historical period, Vietnam recorded certain achievements while having made some serious mistakes, as frankly admitted by the Communist Party of Vietnam in the resolutions of its 5th and 6th national congresses (respectively in March 1982 and December 1986).
Among the achievements recorded during this period were the early national unification in terms of the State; the maintenance of the political stability as well as social order in the newly liberated South Vietnam; the victorious northern and southwestern border wars with the firm defense of national independence, sovereignty and territorial integrity.
The serious mistakes and short-comings seen during this period were subjective thinking, hastiness and willfulness in setting too high targets for socio-economic development, conservatism and inertia in changing the bureaucratic and centralized management mechanism as well as policies that had hindered production. All these contributed to the socio-economic crisis faced then by Vietnam.
In 1986, the Communist Party and the State of Vietnam initiated in time the “doi moi” (renewal) policy, having gradually taken the country out of the socio-economic crisis so as to build a strong and prosperous Vietnam and an equitable and civilized society.-