Pham Diem
State and Law Research Institute
Following the victorious war of resistance against the US imperialists in 1975, Vietnam was reunified, peace was restored and the country was reconstructed. The years from 1975 through 1986 constituted a special period in Vietnam – a post-war and pre- “doi moi” (renewal) period.
In such historical context, the local administrations during this period also bore special features with their organizational structures and operation being still heavily shadowed by the past though initial preparations were made for the cause of “doi moi”.
I. The local administrations under the 1980 Constitution
After the national reunification, the National Assembly of the Socialist Republic of Vietnam passed a new Constitution in 1980 in replacement of the 1959 Constitution.
Under the 1980 Constitution, the local administrations in Vietnam were organized at the three following levels:
- The provincial and municipal administration and equivalent administrative units.
- The rural/urban district, provincial-capital/town administration.
- The commune, township, ward administration.
According to the traditional model, a local administration was organized to include the People’s Council and the People’s Committee. Particularly, under the 1980 Constitution, the former Administrative Committees were renamed People’s Committees with a view to further raising the popularity of the administration and laying stress on the role of the People’s Committees which perform not only the administrative management but also the economic management in localities.
The People’s Councils of the provinces, centrally-run cities or equivalent level have a four-year term while the People’s Councils of other levels have a term of two years. The tenures of the People’s Committees correspond to the terms of the People’s Councils of the same levels. Under the 1980 Constitution, the position and nature of the People’s Councils remained basically unchanged. According to Article 114 of the 1980 Constitution, the People’s Councils were the State power organs in localities, elected by local population and accountable to the local people and the superior authorities. Meanwhile, according to Article 121, the People’s Committees were elected by the People’s Councils of the same level, being the executive bodies of the People’s Councils and the State administrative agencies in localities.
Under the 1980 Constitution, the People’s Councils had the following tasks and powers:
- To ensure that the Constitution and laws are respected and enforced in the localities.
- To decide on the local plans and budget estimates.
- To decide on matters related to production, distribution, circulation, culture, social affairs and services in localities.
- To build the entire people’s defense and the people’s armed forces in the localities.
- To maintain political security as well as social order and safety.
- To protect public property.
- To ensure the equality among ethnic groups.
- To ensure that citizens enjoy their interests and fulfill their obligations.
- To elect and dismiss members of the People’s Committees and members of the People’s Courts of the same level.
- To amend or abrogate improper decisions of the People’s Committees of the same level or of the immediate subordinate People’s Councils.
- To dissolve the immediate subordinate People’s Councils when they cause serious harms to the people’s interests. The resolutions on such dissolution must be approved by the immediate superior People’s Councils before they are enforced.
- Within the ambit of their tasks and powers, to supervise the law observance by agencies, enterprises and other organizations of the superior levels in the localities.
Meanwhile, the People’s Committees had the following tasks and powers:
- To convene meetings of the People’s Councils of the same level.
- To abide by the resolutions of the People’s Councils of the same level and decisions as well as directives of the superior administrative agencies, manage the administrative work in the localities.
- Within their jurisdiction prescribed by law, to issue decisions and directives and examine the implementation thereof.
- To suspend the execution of, amend or cancel improper decisions of branches under their management and of subordinate People’s Committees; to suspend the implementation of improper resolutions of the immediate subordinate People’s Councils, and at the same time propose the People’s Councils of the same level to amend or abrogate those resolutions.
- Where the People’s Councils were dissolved, the immediate superior People’s Committees may nominate provisional People’s Committees to run affairs until the newly elected People’s Councils elect the new People’s Committees.
The 1980 Constitution’s provisions on local administrations were later concretized in the 1983 Law on Organization of the People’s Councils and the People’s Committees. Such Constitution and Law not only demonstrated the inheritance of the previous Constitution and Law but also contained new provisions, new adjustments, including the prominent ones below:
For the first time, the 1980 Constitution and the 1983 Law prescribed the establishment of Boards of a People’s Council to assist it in deciding the policies and working measures in localities and to examine the observance of laws and policies of the State and the resolutions of the Councils.
Also for the first time, the 1980 Constitution and the 1983 Law specified: The People’s Council deputies are entitled to question the People’s Committees and other State agencies in the localities and the questioned agencies have to give answers before the People’s Councils. The People’s Council deputies might propose the State bodies in localities and the heads of these agencies have the responsibility to receive the deputies, consider and settle their proposals.
The 1983 Law prescribed the number of members of the People’s Committees of different levels as follows:
- A provincial/municipal or equivalent-level People’s Committee had between 11 and 17 members.
- A district or equivalent-level People’s Committee had between 9 and 13 members.
- A commune or equivalent-level People’s Committee had between 5 and 8 members.
So, the number of such members was larger than the previous period’s figures.
Particularly, for the first time, the 1983 Law prescribed the setting up of the Standing Bodies of the People’s Committees, consisting of the presidents, vice-presidents and secretaries of the People’s Committees. The Standing Bodies of the People’s Committees had the following powers:
- To ensure the materialization of the resolutions of the People’s Councils as well as the decisions and directives of the People’s Committees.
- On the basis of decisions of the People’s Committees, during the intervals between two meetings of the People’s Committees, to settle matters falling under the jurisdiction of the People’s Committees and report thereon to the People’s Committees at their nearest meetings.
- To prepare for meetings of the People’s Committees, put up for discussions by the People’s Committees matters in the contents of the meetings of the People’s Councils.
Panoramically, as the local administrations during this period still fell within the centralized bureaucratic mechanism of the entire State apparatus, the then legislation on organization and operation of the local administrations, though having contained a number of new provisions, revealed such mishaps as the People’s Councils had no standing bodies of their own and, therefore, depended on the People’s Committees; or the standing bodies of the People’s Committees decided on and directed almost all important matters related to the tasks and powers of the People’s Committees while the People’s Committees worked under the principle of collectivism; the organization of the People’s Committee was too cumbersome with too large administrative staff.
II. Practical situation on the organization and operation of the local administrations
After the anti-US war of resistance for national salvation ended in success, in South Vietnam, the local administrations were just established. Therefore, the then immediate and central task was to consolidate the local administration at all levels. On May 15, 1977, a national election of deputies to the People’s Councils at all levels was held for the first time throughout Vietnam after the country was reunified, thus having unified the national system of local administrations. Pending a new Constitution, the system of local administrations was organized and operated in accordance with the 1959 Constitution.
Following its complete liberation, South Vietnam was divided into 20 provinces, one centrally-run city and one special zone, which correspond to the local administrative units in North Vietnam. They included:
The provinces of:
- Binh Tri Thien, which embraces Quang Binh and Quang Tri province and Hue city;
- Quang Nam Da Nang, which embraces Quang Nam province and Da Nang city;
- Nghia Binh, which consists of Quang Ngai and Binh Dinh provinces.
- Phu Khanh, which embraces Phu Yen and Khanh Hoa provinces.
- Gia Lai Kon Tum, which is composed of Gia Lai and Kon Tum provinces.
- Dac Lac, which covers two provinces of Dac Lac and Quang Duc.
- Thuan Hai consisting of Ninh Thuan, Binh Thuan and Binh Tuy provinces.
- Lam Dong consisting of Tuyen Duc and Lam Dong provinces and Da Lat city.
- Dong Nai which covers a section of Tuyen Duc province, and Long Khanh and Bien Hoa provinces as well as Bien Hoa city.
- Song Be consisting of Thu Dau Mot and Binh Phuoc provinces.
- Long An which is composed of Long An and Kien Tuong provinces.
- Tien Giang, composed of Go Cong and My Tho provinces as well as My Tho city.
- Cuu Long, composed of Vinh Long and Tra Vinh provinces.
- Hau Giang, composed of Can Tho and Soc Trang provinces as well as Can Tho city.
- Dong Thap, composed of Sa Dec and Kien Phong provinces.
- An Giang, composed of An Giang province, a section of Long Chau Ha province, a section of Long Chau Tien province, and a section of Sa Dec province.
- Kien Giang, composed of Rach Gia province, a section of Long Chau Ha province and a section of Long Chau Tien province.
- Minh Hai, composed of Ca Mau and Bac Lien provinces.
- Tay Ninh and Ben Tre provinces.
Ho Chi Minh city (former Sai Gon) is the centrally-run city; and the Vung Tau-Con Dao Special Zone under the central government.
In short, the local administrations during the 1975-1986 period concentrated their efforts not only on the consolidation and perfection of their organizational apparatus but also on restoration of production, economic and cultural development in localities, having suppressed in time all sabotage acts of reactionaries, having firmly maintained the political security as well as social order and safety. However, affected by the then centralized and bureaucratic mechanism and the serious socio-economic crisis, the system of local administrations during this period revealed shortcomings and weaknesses in its organization and operation. The People’s Councils at different levels proved to be less effective in their organization and less efficient in their operation, which were heavily ceremonial. They failed to actually assume the role as the agencies representing local people in exercising the State powers, namely the people’s powers in localities. In other words, the People’s Councils did not effectively and efficiently perform the functions of the State power organs in localities as well as the bodies representing the local people.
Meanwhile, the People’s Committees were then organized too cumbersomely, having operated with less effect and less efficiency. They often encroached upon the functions and usurped the powers of the People’s Councils. Red tape and corruption were rampant within the apparatus of the administration at different levels.
Such situation of the country and the local administrations at all levels urgently required the renewal of the country, the renewal of organization and operation of the administration apparatuses at all levels.-