Pham Diem
State and Law Research Institute
After thousands of years under the absolute monarchy, then nearly 100 years under the French colonialist regime, Vietnam, with its victorious August 1945 revolution, toppled the semi-feudal and colonial regime and established the people’s democratic republic, opening up the history of Vietnam’s National Assembly- the first ever constitutional history in the country.
I. The first National Assembly general election in Vietnam
Following the victorious August revolution, only the provisional government of the newly proclaimed Democratic Republic of Vietnam was set up while the National Assembly was not yet elected. Therefore, right at the first session of the provisional government on September 3, 1945, President Ho Chi Minh proposed the organization of National Assembly general election and the promulgation of the Constitution as soon as possible. He said: “Formerly, we were ruled by the absolute monarchy, then the no less monarchical colonial regime; hence, our country had no Constitution and our people were unable to enjoy democratic freedoms. So, I propose that the Government organize the universal suffrage general election the sooner the better. All citizens, male and female, who are aged 18 or older, can stand for the election and vote, regardless of their economic conditions, religions... A National Assembly must be elected as soon as possible. Internally, the people will have more confidence in our regime. Externally, the National Assembly elected by the people would be legally valid and cannot be denied by anyone.”
Later, on September 8 and 26, 1945 the provisional government issued decrees on organization of the National Assembly general election, according to which “all Vietnamese citizens, male and female, aged 18 or older are entitled to vote and stand for the election, excluding those who have been deprived of civic rights and persons who are not intellectually sound,” and the general election would be held according to the regime of universal suffrage, equality, secret ballots, freedom to campaign for election provided that such does not contradict the democratic republic. So, for the first time in Vietnam’s history, the election institution and citizens’ rights were established.
By then, South Vietnam was being confronted with the armed re-invasion by the French colonialists who attempted to restore their colonial regime in the country. Meanwhile, in the North, the Chiang Kai-shek troops, in the name of the allied army, flocked from China and joined the local henchmen to realize various schemes aiming to destroy the young independent Vietnam. Moreover, 95% of the population had been illiterate by then while the famine - the legacy of the colonial regime - still lingered on. In spite of such a difficult circumstance, that made many people disbelieve in the success of the general election, the provisional government headed by President Ho Chi Minh, with firm belief in the people’s patriotism and political consciousness, made correct and timely decision on organization of the general election.
In preparation for this important national event, the Election Boards were set up at all levels. People with administrative capability, talents and good virtue were nominated or self-nominated for candidacy. Lists of eligible voters and candidates were posted up publicly. People everywhere exchanged their opinions, debated and questioned candidates in order to select worthy persons to represent them. On January 3, 1946, President Ho Chi Minh chaired a meeting to make the final examination of the election preparation and two days later on January 5, he called upon the entire population to go to the poll.
And the first ever universal suffrage general election in Vietnam’s history was held on January 6, 1946 with around 90% of the voters going to the poll. 333 deputies were elected, of whom 57% were members of various political parties, 10 were women and 34 were of various ethnic minorities. The general election, which opened up the history of Vietnam’s National Assembly, was of great historic significances:
Firstly, the State apparatus was basically further perfected after the Republic was established.
Secondly, the national unity bloc was further consolidated and strengthened for the country to embark on the resistance war against the French colonialists.
Thirdly, the young Vietnamese State was legalized and the legal status of the Democratic Republic of Vietnam on the international arena was further consolidated. In the face of the treacherous scheme of the French colonialists and a number of international reactionary forces, who availed themselves of the name of the alliance to revive the colonial regime in Vietnam, the 1946 parliamentary general election reconfirmed before the world the fact, which had been solemnly stated in the September 2, 1945 Independence Declaration proclaiming the birth of the Democratic Republic of Vietnam, that “Vietnam has the right to enjoy freedom and independence and has actually become a free and independent country.”
II. Organization and operations of the newly elected National Assembly during the resistance war against the French colonialists (1946-1954)
Immediately after the end of the World War II and the emergence of the Democratic Republic of Vietnam, the French colonialists reinvaded the country in an attempt to re-establish the colonial regime. So, the then primary and vital task of the Vietnamese nation was to rise up against the French colonialists and defend the national independence. Such task prevailed entirely the organization and operation of the National Assembly throughout the 9-year period of resistance war against the French colonialists.
Not long after the election, the National Assembly held its first session in Hanoi on March 2, 1946, with the participation of nearly 300 deputies as some who were in far-flung areas failed to arrive in time for the meeting while others were busy with the resistance war. At this session, the National Assembly decided on extremely important issues. At the proposal of President Ho Chi Minh, the National Assembly adopted the list of 70 deputies (not through election) of “Vietnam Quoc Dan Dang” (Vietnam National Party) and “Vietnam Cach Mang Dang” (Vietnam Revolutionary Party) - the two lackeys of the Chiang Kai-shek army - into the National Assembly. Actually, this was the Vietnamese Government’s concession to the Chiang Kai-shek army and those two political parties, which reflected President Ho Chi Minh’s flexible and clever tactics aiming to avoid confronting many hostile forces at a time and to spearhead the resistance against the main enemy, that was the French colonialists.
The National Assembly also elected various State bodies (also with pre-arrangement among political parties), including:
- The official government (in replacement of the provisional government), which was called the united resistance government and headed by President Ho Chi Minh.
- The National Assembly Standing Committee, which was composed of its head, its full-fledged members and a number of alternate members.
- The Resistance War Committee, which was composed of its president and members who took care of the resistance war.
- The Advisory Board, which was headed by top advisor Vinh Thuy (alias deposed Emperor Bao Dai, an elected deputy to the National Assembly).
- The Constitution Drafting Committee.
This first National Assembly session lasted for only four hours, being the historic, extremely special and shortest session, which concentrated on settling the most important and most decisive question, i.e. the establishment of the official government and other important agencies of the new Vietnamese State, thus basically perfecting the State apparatus of the Republic.
The National Assembly held its second session in Hanoi from October 28 to November 9, 1946, which was attended by 290 deputies, including 37 from “Vietnam Quoc Dan Dang” and “Vietnam Cach Mang Dang” as the rest withdrew together with the Chaing Kai-shek troops from Vietnam. Particularly, this session was open to the public for observation, questioning and comments on the Government. The session reviewed and evaluated the activities of the National Assembly and the united resistance government, adopted the new cabinet line-up put forward by President Ho Chi Minh as earlier some cabinet members (of the two said political parties) had deserted their posts. The most important thing and success of this session was that it adopted the first Constitution of Vietnam, under which the National Assembly was called “Nghi vien nhan dan” (the People’s Parliament) with a three-year term. Being adopted at a time when the whole country was in a war against foreign invaders, the new Constitution only prescribed the powers of the People’s Parliament in a general manner while having delegated some powers, which could not be performed by the People’s Parliament during the war time, to its Standing Committee, the Government and the State President.
The People’s Parliament was simply and lightly structured with only one committee — The Standing Committee of the People’s Parliament. As the war became fiercer and fiercer, the National Assembly voted not to promulgate the Constitution for implementation. That was why, throughout the resistance war against the French colonialists, the Vietnamese National Assembly was organized and operating in a flexible manner suitable to war- time conditions.
As the National Assembly hardly met during the war time, it decided, right at its first session, to delegate a number of its powers to the National Assembly Standing Committee as follows:
- The National Assembly Standing Committee would work besides the Government in order to comment on or criticize the Government; if the Government acts against the national interests, the Committee could convene the National Assembly meeting.
- It would together with the Government decide to declare war, ceasefire and/or to sign treaties with foreign countries.
- It could convene National Assembly meetings when necessary.
At the end of February 1946, the National Assembly Standing Committee met and decided:
- Due to war-time difficulties, only the head of the National Assembly Standing Committee works besides the Government Council.
- The National Assembly deputies would participate in resistance-war activities according to their capabilities and positions.
- The National Assembly Standing Committee would represent the National Assembly to make appeals and receive petitions from people.
In furtherance of the above decisions, the National Assembly Standing Committee heads, one after another, during the resistance war always worked besides the Government, having attended meetings of the Government Council and given comments to the Government on various war activities. The Committee members were sent to various localities to encourage people and, together with the local administration, direct the resistance war.
As from 1950, many important victories were obtained in the national salvation war, the National Assembly Standing Committee was further perfected and held a number of meetings. The third National Assembly session was convened in Viet Bac resistance base from December 1- 4, 1953 with the participation of 166 deputies, having adopted the Land Reform Law.
Panoramically, in the initial period, the period of resistance war against the French colonialists, due to the war conditions, the Vietnamese National Assembly had to prolong its term and could hold only three sessions and delegate many of its powers to the Standing Committee and the Government. Yet, the National Assembly did its utmost to promote its supervisory role and coordinate with the executive body (the Government) and to perform its legislative function (having passed the Constitution and the Land Reform Law). Worthy of note was that through its organizational structure and activities, the National Assembly demonstrated to the utmost the national unity bloc and greatly contributed to Vietnam’s victory over the French colonialists.-