Pham Diem
State and Law Research Institute
Following the victorious anti-US war of resistance for national salvation, Vietnam was completely unified, ending 30 years of wars against the French colonialists then the US imperialists and embarking on the period of national reconstruction. And naturally, the two governments which existed during the anti-US war of resistance- the Democratic Republic of Vietnam Government in the North and the Provisional Revolutionary Government of the Republic of South Vietnam in the South- were also unified into one government, namely the Socialist Republic of Vietnam Government.
I. The Vietnamese Government under the 1980 Constitution
In 1980, the National Assembly of the Socialist Republic of Vietnam passed a new Constitution in replacement of the 1959 Constitution - the Constitution of the period of anti-US war of resistance for national salvation. The 1980 Constitution was the Constitution of the first post-war years before the country has embarked on the national cause of “doi moi” (renewal).
In the 1980 Constitution, the Government institution demonstrated the inheritance of experiences from the previous Constitutions on the one hand and the prominent changes on the other hand.
First of all, if in the 1946 Constitution, the Government was called the Government and in the 1959 Constitution, the Government Council, in the 1980 Constitution it was called the Council of Ministers.
This was not merely the change of its name, but more importantly a big change in the Government’s position with its closer attachment to the National Assembly and the assembly in its organization and operation. As compared to the 1946 and 1959 Constitutions, the 1980 Constitution absolutely heightened the principle of unifying and concentrating State power into the National Assembly. Consequently, the Government institution was naturally reformed along that direction. Article 104 of the 1980 Constitution prescribed: “The Council of Ministers is the Government of the Socialist Republic of Vietnam and the top executive and administrative body of the supreme State power organ (the National Assembly). The Council of Ministers uniformly manages the implementation of political, economic, cultural, social, security, defense and external tasks of the State, enhances the effect of the State apparatus from the central to grassroots levels, ensures the respect and observance of laws, promote the people’s collective mastery, ensures the socialist construction and constantly raises the material and cultural life of the people. The Council of Ministers is answerable and reports on its activities to the National Assembly or the State Council when the National Assembly is in recess.”
Meanwhile, Article 112 of the said Constitution stated: “Each member of the Council of Ministers takes personal responsibility for his/her assigned tasks before the National Assembly, the State Council, the Council of Ministers, and take joint responsibility with other members for the activities of the Council of Ministers before the National Assembly and the State Council.”
So, under the 1980 Constitution, though the Government was organized and operated according to the assembly regime on the principle of collective leadership, its position altered. The Council of Ministers was no longer defined clearly with two capacities as in the 1959 Constitution, but merely became an agency attached to the National Assembly. Consequently, the Government’s executive and administrative functions were only performed in the capacity as an agency of the National Assembly. The Council of Ministers in its capacity as the top administrative body of the State was, in essence, turned into the top administrative body of the National Assembly. The assembly regime of the Council of Ministers and its role of absolute attachment to the National Assembly led to a fairly dim legal status of the Government’s head- the Chairman of the Council of Ministers- whose powers were not specified in the 1980 Constitution. Therefore, the chairmanship of the Council of Ministers was not determined as a fairly independent power institution like in the 1946 Constitution. The Chairman of the Council of Ministers under the 1980 Constitution was regarded only as the head of the Council with his/her powers limited within the Council only , and, therefore, the role of the Government’s head was not specifically defined in the State power structure in the legal aspect and the practical activities as well. The 1980 Constitution did not define the responsibilities of the Government’s head as stated in the 1946 Constitution: “The Prime Minister must bear responsibility for the political path of the Cabinet.” In the 1980 Constitution, as the assembly nature of the Government was given too much prominence, the personal responsibility of each minister became dim.
Another striking feature of the Government under the 1980 Constitution was that the Government’s powers were defined more fully and more comprehensively than in the previous Constitutions, particularly in economic management, to suit the period of post-war national reconstruction. According to Article 107 of the 1980 Constitution, the Government had 25 following powers:
- To ensure the enforcement of the Constitution and laws.
- To submit bills, draft ordinances and other legal drafts to the National Assembly; organize the implementation of the State plans and State budget.
- To uniformly manage the cultural, educational, scientific and technical transformation, construction and development.
- To care for the improvement of the people’s material and cultural life.
- To protect the legitimate interests of citizens and create conditions for citizens to enjoy their interests and fulfill their obligations.
- To organize the all-people defense and build the people’s armed forces.
- To maintain political security and social order and safety.
- To effect mobilization, curfews and all necessary measures to defend the Fatherland.
- To implement measures to protect the socialist property, the interests of the State and the entire society.
- To uniformly manage the finance, money and credit.
- To organize and direct the State inventory and statistics.
- To organize and direct the State economic arbitration.
- To organize and direct the State insurance work.
- To organize and direct the State inspection and supervision.
- To organize and manage external activities of the State, to direct the implementation of already concluded treaties and agreements.
- To build and consolidate the State apparatus from the central to grassroots levels, training, fostering, arranging and employing the contingent of State officials.
- To direct the work of the ministries and other agencies of the Council of Ministers.
- To ensure the performance of tasks and the exercise of powers by the People’s Councils of all levels as the State-power organs in localities.
- To lead the People’s Committees at all levels.
- To create favorable conditions for Vietnam Fatherland Front and its members to operate.
- To organize and direct the propagation and education of Constitution and law.
- To suspend the implementation of and to amend or annul decisions, directives and/or circulars of the ministries and other agencies of the Council of Ministers, which are no longer appropriate.
- To suspend the implementation of inappropriate resolutions of the People’s Councils of the provincial or equivalent levels, and at the same time to propose the State Council to amend or annul those resolutions.
- To suspend the implementation of, and amend or annul, inappropriate decisions and directives of the People’s Committees of all levels.
- To decide the delimitation of land boundaries of administrative units of levels lower than the provincial level.
Under the 1980 Constitution, the Council of Ministers was composed of the chairman and vice-chairmen, the ministers and chairmen of the State Commissions.
II. Practical organization and operation of the Government
During its first session in July 1976, the National Assembly of the unified Vietnam decided: Pending a new Constitution, the State apparatus and the Government Council of the Socialist Republic of Vietnam would be organized in accordance with the 1980 Constitution. Also in this session, the National Assembly elected key leaders of the State and the Government as well (including the Prime Minister, the Deputy- Prime Ministers, the ministers and chairmen of the State Commissions).
In the 1976-1986 period, the Vietnamese Government underwent two terms corresponding to two legislatures of the National Assembly:
The first tenure of the unified Vietnam’s Government (which was called the Government Council replacing two Governments: the Government of the Democratic Republic of Vietnam in the North and the Provisional Revolutionary Government of the Republic of South Vietnam in the South, which had been dissolved) stretched from 1976 to 1981. The then Government was structured with the Prime Minister, 10 Deputy-Prime Ministers and 38 ministers as well as State Commission chairmen.
The Council of Ministers of the 1981-1987 was elected by the National Assembly in July 1981, being the first Government organized and operating under the new Constitution – the 1980 Constitution. It was composed of the chairman and seven deputy-chairmen , 31 ministers and State Commission chairmen.
The central tasks of the Vietnamese Government during the ten-year (1976-1986) period were to rebuild the country and defend the Fatherland.
Economically, in former South Vietnam, neo-colonialism initially created the market economy which, however, depended too much on foreign countries and was seriously imbalanced. Meanwhile, in North Vietnam, small-scale production remained common, the technical and material foundations were extremely weak and heavily ravaged by wars, and fell foreign aids sharply. Together with economic restoration, the Vietnamese Government conducted the socialist transformation in the South. By the end of 1976, almost all capitalist business establishments had been confiscated. During the years of 1977 to 1979, the Government conducted the transformation of private capitalist industrial and commercial sectors, confiscated and forced the sale of land of landlords while peasants were mobilized to join the agricultural cooperatives in South Vietnam.
In the said 10-year (1976-1986) period, the Vietnamese Government carried out two five-year plans nationwide, resulting in the construction of a number of big projects such as the Pha Lai thermo-electric power plant, the Hoa Binh hydro-electric power plant, the cement plants of Hoang Thach and Bim Son, Thang Long bridge,... Panoramically, during the 1976-1986 period, Vietnam recorded certain achievements in national reconstruction but also committed serious mistakes and shortcomings, which resulted in failure to attain many socio-economic targets, serious socio-economic crisis, lower living standards of people.
Politically, following the liberation of South Vietnam, the Vietnamese Government quickly consolidated and perfected the system of local administrations, having rid the local administration apparatus of reactionary elements. At the same time, it mobilized tens of thousands of public servants from the North as reinforcement for the South. On May 15, 1977, the election of local administrations at all levels was conducted, resulting in the unification and consolidation of the system of local administrations throughout the country. Following the liberation of South Vietnam, the revolutionary administrations at different levels detected in time and smashed the sabotage attempts and acts of reactionaries and firmly defended the political security as well as social order and safety.
Externally, after gaining total independence and national reunification, Vietnam signed numerous friendship agreements with socialist countries. Generally speaking, due to the slander of some foreign forces that “Vietnam had invaded Cambodia”, aiming to blockade and isolate Vietnam, the Vietnamese Government met untold difficulties and obstacles in its external activities, thus being unable to attract large cooperation and investment from the outside for the cause of national reconstruction.
In short, during the 1976-1986 period, in Vietnam, the mechanism for organization and operation of the State in general and the Government in particular was the bureaucratic and subsidy mechanism with cumbersome apparatus and low effectiveness and efficiency in its operation. It was for those reasons that, in 1986, Vietnam initiated in time the national cause of “doi moi”, having renewed the mechanism of organization and operation of the State and the Government.-