>>The young state prepares for the anti-French colonalist war (1946-1954)
Lawyer Tran Thi Tuyet
The State and Law Research Institute
The anti-French colonialist war of resistance started on December 19, 1946 in Hanoi and some other cities, then spread nationwide. One day later on December 20, President Ho Chi Minh, on behalf of the Democratic Republic of Vietnam Government, called upon the entire population to take part in the resistance war, having affirmed the Vietnamese nation's iron will not to lose the country and not to be enslaved again. And on December 22, 1946, the Central Committee of the then Indochinese Communist Party issued a directive clearly stating Vietnam's general guideline for the resistance war against the foreign invaders, that is "the entire population is engaged in the resistance war", "the allround war", "the protracted war", "the resistance war is launched together with the national construction."
Such determination and guideline for the resistance war governed the entire organizational structure and operation of the Vietnamese state and law during this period.
In order to meet in time the requirements of the resistance war, the system of the Democratic Republic of Vietnam administration from central to grassroots level basically changed its mode of organization and operation.
Having stressed the important role and tasks of the supreme State power organ and the highest administrative body, the first National Assembly, at its March 2, 1946 session, approved President Ho Chi Minh's proposal: "This National Assembly is the National Assembly of the resistance war and the Government elected by the National Assembly is the Government of the resistance war."
With the appraisal that the resistance war would certainly break out, thus making the National Assembly hardly hold its regular meetings as prescribed by law, the National Assembly, at this session, elected its Standing Committee which was given more important powers of the supreme State power body. The Standing Committee could, on behalf of the National Assembly, pass the Government's decrees, verify international treaties signed by the Government as well as declarations of war or ceasefire, and convene National Assembly meetings when necessary, etc.
In order to mobilize forces for the resistance war and to help the Government run all affairs in a smooth, quick and uniform manner, the National Assembly assigned the Government headed by President Ho Chi Minh big tasks and powers: "The united government of the resistance war is tasked to unite all national forces, military, administrative and judiciary as well, mobilize human resources and State property for the final victory of the resistance war and complete independence of the nation."
In fact, due to war conditions, the National Assembly, throughout the resistance war, met only once in December 1953 when the war neared its end. Therefore, the National Assembly gave the Government more powers. With the direction of the Standing Committee of the National Assembly, the Government Council acted as the supreme State power body, running the war of resistance against the French colonialists.
To help the Government Council direct the protracted and allround war of resistance and handle urgent issues arising therefrom, the Supreme Defense Council was set up on August 19, 1948 by Decision No.206, which was composed of the President and a number of key ministers related to the resistance war such as the Defense Minister, the Interior Minister, the Minister of Economy and the Minister of Finance. From the early 1950, the tasks and powers of the Supreme Defense Council were again concentrated for the Government Council so as to ensure the unified direction and close supervision of the war affairs and promptly meet the requirements of the resistance war in its final stage.
The system of local administrations changed organizationally so as to ensure unified and concentrated leadership from the central to grassroots level and at the same time to enhance the operational efficiency and flexibility of each level of local administration under specific conditions.
The local administrations were organized into four levels: The level of resistance zone which replaced the level of region. There were in the whole country 16 resistance zones which were later grouped into 10 resistance interzones; the provincial level, which was followed by the district then the communal levels. In addition to the administrative committee at each local administration level, which was tasked to handle administrative affairs in the locality, a defense committee which was later renamed the resistance committee, was set up to handle resistance war affairs as its primary task. When necessary, the resistance committee was entitled to decide on many important matters in the locality without having to wait for instructions from above.
However, the coexistence of the administrative committee and the resistance committee caused obstacles to the managerial work of the local administration. Therefore in October 1947, these two were merged into the resistance-cum-administrative committee.
Due to war conditions, the election and operation of the People's Councils at all levels saw numerous difficulties, particularly during the initial stage of the resistance war. Therefore, the resistance-cum-administrative committee of all levels was given more powers, including the power of the State power organ (particularly at the interzone level). However, to gather more comments from people on important issues of the localities, the resistance-cum-administrative committees often convened conferences of representatives of various local bodies and organizations such as the People's Council, Front organizations, women and youth unions, peasants' associations, for discussion and solution.
From 1950, particularly after the second national congress of the Indochinese Communist Party (February 1951), the anti-French colonialist war of resistance waged by the Vietnamese people switched to the period of general offensive in order to gain the final victory for the people's national democratic revolution. At its congress, the Party decided to resume its open activities and rename itself the Vietnam Labor Party.
In such situation, the people's democratic administration was further strengthened. The People's Councils of all levels were re-elected and operating under the provisions of law. The administration of grassroots level was consolidated with an increasing number of workers and peasant having participated therein.
The Vietnamese State laws during this war-time period were of national and democratic character. In order to meet the urgent requirements of the revolution, some laws passed during this period were more or less war-time laws.
First of all, a great number of decrees were signed by the President on the mobilization of human and material resources for the resistance war. They included the decree on the requisition and confiscation of moveable and immovable property as well as the mobilization of human resources for the resistance war (promulgated on November 30, 1945); the decree on military services and obligations (May 22, 1950); the decree on the general mobilization of human and material resources for the resistance war (February 12, 1950), etc.
Also issued during this period were a large number of legal documents on economic and financial matters, which served the resistance war, including tax policies, particularly the agricultural tax which was heavily levied on the landlords while lowered for the tenant farmers, thus having encouraged the development of production.
A fairly large number of legal documents issued by the revolutionary administration during this period concentrated on the development of the wartime economy, the blockade of the enemy's economy, the improvement of people's living conditions and the development of agricultural production so as to be self-sufficient in food in service of the protracted war. On the other hand, the then legislation gradually limited the economic and political influence of the bourgeoisie and the feudal landlord class, limited their exploitation, gradually liberated the rural labor with a view to completing the national democratic revolution and preparing necessary economic condi-tions for the next revolutionary stage.
Legal documents issued during this period were largely in the form of decree signed by the President so as to ensure their validity and promptly meet the requirement of the resistance war. They included decrees on land rent reduction, land allotment, maximum lending interest rate, on the establishment of public-private joint companies, the establishment of State ownership over mines, minerals and on the mining regulations, etc.
At its third session on December 4, 1953, the National Assembly, first legislature, of the Democratic Republic of Vietnam passed the Land Reform Law, having abolished the private ownership of land by French colonialists and local feudal landlords while enhancing the peasants' right to own land under the motto "land to the tillers."
However, in order to mobilize to the utmost all forces for the final stage of the resistance war the Land Reform Law provided for the confiscation of only land owned by the foreign colonialists, reactionary landlords and village tyrants, not the land of democratic personalities and patriotic landlords, which were purchased by the State instead.
The promulgation of the Land Reform Law greatly contributed to bringing the Vietnamese people's 9-year war of resistance against the French colonialists to final victory.
Though legal documents on democratic freedoms as well as social and cultural affairs promulgated during the period of resistance war were not numerous, they were of great significance, marking a new step of development in this field. On the early days of the revolution, the people's administration had to temporarily use some laws and regulations of the previous regime; yet at the final stage of resistance war it had enough necessary conditions for amending or replacing the old laws and regulations. Decree No.97 of May 22, 1950 amended a number of provisions in the civil law, stressing: "Every citizen is entitled to exercise their civil rights in accordance with law and with the common interests of people." It also ensured the equality between signatory parties, recognized the owners' rights, and abolished the creditors' rights over the debtors as well as the bourgeoisie's absolute ownership.
Decree No.97 also affirmed the equality between husband and wife, abolishing patriarchialism advocated by the feudalists and recognizing the grown-up children's rights to inheritance, marriage of their own choice.
On May 22, 1953, the Government promulgated the nationality policy in order to reaffirm and concretize the principle of equality between ethnic groups living on the Vietnamese territory as acknowledged by the 1946 Constitution.
Regarding culture and education, the State promulgated many legal documents on educational development through the construction of more general education schools, evening classes, intermediate vocational training schools, universities; mobilized intellectuals, artists, writers,... to participate in the resistance war.
The great allround victory of the Vietnamese people's war of resistance against the French colonialists led to the signing of the agreement on ceasefire in Indochina. The Geneva conference opened on April 26, 1954 with the participation of representatives from the then Soviet Union, the United States, Great Britain, France, China, Laos, Cambodia, the Democratic Republic of Vietnam and the feudal government of King Bao Dai. The victory of the Dien Bien Phu battle on May 7, 1954 decided the success of the conference with the signing of two important documents on July 20, 1954: "The final declaration" and "The agreement on Ceasefire in Indochina." The documents adopted by the Geneva conference clearly stated: France recognizes the independence, sovereignty, unification and territorial integrity of Vietnam, Laos and Cambodia.
The Vietnamese people's war of resistance against the French colonialists was crowned with success, having ushered in a new period of development of the Vietnamese revolution, State and laws.-