Pham Diem
State and Law Research Institute
Following the victorious war of resistance against the French colonialists, North Vietnam was completely liberated while the South was still dominated by the US imperialists and their stooges. As a result, the Democratic Republic of Vietnam State had to organize the socialist construction in the North in parallel with the resistance war against the US imperialists to liberate the South, defend the North and reunify the country, of which the anti-US war of resistance for national salvation was the primary task. In such a historical circumstance, the National Assembly of the Democratic Republic of Vietnam was organized and operated, better serving these two strategic tasks.
I. The National Assembly’s organization under the 1959 Constitution
The second Constitution of the Democratic Republic of Vietnam was passed in 1959 by the National Assembly in replacement of the 1946 Constitution which was no longer suitable to the then political, social and economic situation of Vietnam. It could be considered the Constitution of the period of struggle against the US imperialists for national salvation.
In the 1959 Constitution, the term “Quoc Hoi” (National Assembly) was used to replace the term “Nghi Vien Nhan Dan” (the People’s Parliament) in the 1946 Constitution. That was not merely the change of appellation but the manifestation of a basic change in respect of the history of the Vietnamese National Assembly. The model of people’s parliament in the first Constitution of the country just stopped short at confirming a basic shift from the colonial-feudal regime to the democratic republic regime without clearly defining what type of democratic republic it was. Meanwhile, the 1959 Constitution, with the National Assembly being given all State powers, clearly demonstrated the orientation for development of a socialist regime in Vietnam. Such basic change was manifested clearly in the functions, powers and organizational structure of the National Assembly under the 1959 Constitution, which were defined more clearly and broadly than in the 1946 Constitution. Under the new Constitution, “the National Assembly is the supreme State power organ of the Democratic Republic of Vietnam” (Article 43) and “the only body having the legislative power”. This demonstrated a change in the juridical regime of the Democratic Republic of Vietnam from the regime of decrees and orders to the regime of law.
The National Assembly’s jurisdiction was defined more specifically and broader in the 1959 Constitution than in the 1946 Constitution. According to Article 50 of the 1959 Constitution, the National Assembly had 17 powers in various domains of the social life: The constitutional and legislative power, the power in organizing the State apparatus, the power to decide on important issues of the country, to supervise the implementation of the Constitution and laws. More specifically, they included the powers to make and amend the Constitution and laws, to supervise the enforcement of the Constitution and laws, to elect and dismiss key State positions: The State President and Vice Presidents, the Prime Minister, the chief judge of the Supreme People’s Court, the chairman of the Supreme People’s Procuracy, to decide on the State economic plans, examine and ratify the State budget estimates and final settlement, to set taxes, ratify the establishment of ministries and ministerial-level agencies, to decide on general amnesties, to decide on war and peace as well as other important issues of the country.
Organizationally, the National Assembly under the 1959 Constitution was better reformed as compared to the People’s Parliament under the 1946 Constitution, without such leading positions as Speaker and Deputy-Speakers like in the 1946 Constitution but with its standing body called the National Assembly Standing Committee composed of the chairman, vice-chairmen, the general secretary and members (Article 51 of the 1959 Constitution). The National Assembly Standing Committee’s powers were defined more specifically and broader (with 18 powers prescribed in Article 53) than those of the Standing Board of the People’s Parliament under the 1946 Constitution. In addition to its Standing Committee, the National Assembly was structured also with various committees such as the Law Committee, the Planning and Budget Committee and possible others to be set up if the National Assembly deemed it necessary, as stated in Article 57 of the 1959 Constitution. Unlike the previous committees which were set up only when the National Assembly met, these committees were permanent bodies operating not only when the National Assembly was in session but also when the National Assembly was in recess, with their functions of researching into and giving comments on matters assigned by the National Assembly, the National Assembly Standing Committee, the Presidium of the National Assembly session, and also proposing ideas to help the National Assembly settle matters.
Regarding the National Assembly’s term, it was three years under the 1946 Constitution, but four years under the 1959 Constitution.
II. The National Assembly’s operations
During the anti-French war of resistance, the People’s Parliament’s term was prolonged and it could not hold regular sessions. After the restoration of peace in North Vietnam in July 1954, the Democratic Republic of Vietnam did not hold the general election to elect deputies to the IInd National Assembly as the 1954 Geneva Agreement had provided that the general election would be held nationwide in July 1956. Yet, from then on, the National Assembly met regularly, performing its function of the supreme State power organ. At its sessions, the National Assembly discussed and decided important policies on building the North while struggling to achieve national reunification. At its sixth session lasting from December 29, 1956 to January 25, 1957, the National Assembly adopted a resolution on further improve-ment of the organization and operation of the National Assembly, thereby the legislative body would meet twice a year. Actually, this was already prescribed in the 1946 Constitution, but not yet realized due to wars. Now that, with the restoration of such provision, the National Assembly’s role was further consolidated. During the intervals between two National Assembly sessions, the National Assembly Standing Committee had the following tasks and powers:
- To convene the National Assembly meeting and maintain contacts with National Assembly deputies.
- To vote on decrees made by the Government before they were submitted to the National Assembly at its nearest session for ratification. Once ratified by the National Assembly, the decrees would be valid as laws.
- To examine, amend or annul decrees of the Government, which were no longer compatible with laws.
- To reach agreement with the Government on appointment of the ministers before submitting the list thereof to the National Assembly at its nearest session for approval.
- To reach agreement with the Government on signing treaties with foreign countries before submitting them to the National Assembly at its nearest session for ratification.
So, with such tasks and powers, the National Assembly Standing Committee was perfected one step further.
Legislatively, as from the restoration of peace in the North, the Ist National Assembly passed the 1959 Constitution and 13 laws, including the Law on Freedom to Assembly, the Law on the Right to Form Associations, the Law on People’s Inviolable Right to their Dwelling Houses, Objects and Mails, the Law on Press Regime, the Law on Trade Unions, the Law on Organization of Local Administrations, the Law on Service Regime of Vietnam People’s Army Officers, the Law on National Assembly Election, the Law on Marriage and Family, the Law on Publication Regime, the Law on In-the-Act Offenses and Emergency Cases, the Law on Economic Manipulation Ban, the Law on Election of Deputies to the People’s Councils and the People’s Committees at all levels.
With its term prolonged to 14 years due to wars, the Ist National Assembly held 12 sessions, including 9 sessions from 1954 when peace was restored in the North.
As the US imperialists and their lackeys unilaterally broke the Geneva Agreement with a view to perpetuating the division of Vietnam, the National Assembly of the Democratic Republic of Vietnam decided to organize a general election to elect deputies to the IInd National Assembly and issued a resolution to prolong the term of deputies elected by Southern people in the 1946 general election. On August 5, 1960, the new National Assembly was elected with 362 deputies, including 56 deputies of various ethnic minorities, 49 female deputies, 40 being youths, 46 being peasants, 20 army men, 65 science, technical, educational, cultural or art workers, two nationalist bourgeois, three Catholic priests, two Buddhist monks.
The prolongation of the term of the Southern deputies and the diversified composition of the IInd National Assembly testified to the will that Vietnam was a unified country and the entire Vietnamese nation united together in the struggle for materialization of such will.
Right at its first session (lasting from August 7-15, 1960), the newly elected parliament elected top State leaders, including State President and Vice- Presidents, the Prime Minister and cabinet members as well as chairman and members of the National Assembly Standing Committee and of the Defense Council, the chief judge of the Supreme People’s Court, the chairman of the Supreme People’s Procuracy.
With 8 sessions, the IInd National Assembly (1960-1964) decided on key State policies on building the North and stepping up the struggle for national reunification. It passed six laws, including the Law on Organization of the National Assembly, the Law on Organization of the Government Council, the Law on Organization of the People’s Courts, the Law on Organization of the People’s Procuracies, the Law on Organization of the People’s Councils and the Administrative Committees of all levels, the Law Amending and Supplementing the Military Service Law.
On April 26, 1964, the IIIrd National Assembly was elected with 366 deputies, of whom 60 were of ethnic minorities; 62 were women; 71, workers; 90, peasants; 18, army men; 98 engaged in scientific, technical, cultural, educational or art activities; 8 were religious people; and 3 were nationalist bourgeois, plus Southern deputies whose term continued to be prolonged.
Not long after the first session of the new Legislature, North Vietnam had to confront the US imperialists’ air war of destruction. Consequently, the National Assembly, at its 3rd session (in April 1965), adopted a resolution having delegated a number of its powers to its Standing Committee in cases where the National Assembly could not meet as usual. They included the powers:
- To decide on State plans, examine and approve State budget estimates and final settlement.
- To set assorted taxes.
- To ratify the delimitation of provincial or equivalent-level boundaries.
- To decide to convene meetings of the National Assembly at convenient time.
Later, at its 4th session (in May 1968), the National Assembly decided to prolong its term as the parliamentary election could not be held, due to war conditions, and at the same time assigned the National Assembly Standing Committee to organize the IVth Legislature election when conditions permit.
Throughout its prolonged term of seven years (1964-1971), the IIIrd National Assembly held seven sessions (as against the usual 14 sessions for its 7 year-term in a normal situation). Due to fierce war conditions, it could pass only one law, namely the Law Amending and Supplementing the Military Service Law, while its Standing Committee adopted three Ordinances: The Ordinance on Punishment of Crimes against Revolution, the Ordinance on Punishment of Crimes of Infringing Upon Socialist Property and the Ordinance on Punishment of Crimes of Infringing Upon the Personal Property of Citizens.
On April 11, 1971, the IVth National Assembly was elected with 420 deputies, of whom 90 were peasants; 91, workers; 125 were female; 87 were intellectuals; 27, army men; 72 were of various ethnic minorities; 82 were youths. Throughout its four-year term (1971-1975), it could hold only five sessions. The National Assembly of third and fourth legislatures had to confront two air wars of destruction waged by the US imperialists against the North.
Panoramically, the organization and operation of the National Assembly of the Democratic Republic of Vietnam during the war of resistance against the US aggression were further strengthened and enhanced, with many important achievements recorded in the field of law-making, supervision and making decisions on important matters of the country. The striking feature of the Vietnamese Legislatures during this period was that they have brought into the fullest play the national unity block for the performance of the primary tasks of fighting the US aggressors and achieving national reunification.-