View source for Directory:Vietnam/Vietnam Government And Politics

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'''Government Overview:''' The Vietnamese Communist Party (VCP) has a monopoly on power. A 
three-person collective leadership consists of the VCP general secretary, the prime minister, and 
the president. President Tran Duc Luong is the chief of state, while Prime Minister Phan Van 
Khai is head of government. General Secretary Nong Duc Manh heads up not only the VCP but 
also the 15-member Politburo. A decision by any member of the triumvirate is vetted by the 
other two. As a result, policy announcements tend to be bland and equivocal. 

In July 2002, the National Assembly voted to keep Prime Minister Khai and President Luong in 
office until 2007. Khai, who is the oldest member of the cabinet and is known for his pro-reform 
policies, is believed likely to complete his 2002–7 term because of the absence of an heir 
apparent. The mechanism for transfers of power suffers from a lack of transparency. 


'''Constitution:''' Vietnam has had a series of constitutions, introduced in 1946, 1959, 1980, and 
1992. As of late 2004, the Vietnamese constitution is regarded as the 1992 document, as 
amended in 2001 to continue the reform of the state apparatus, to allow more leeway to the 
private sector, and to promote progress in the areas of education, science, and technology. The 
original 1992 constitution modestly downgraded the roles of the Vietnamese Communist Party 
(VCP) and the government in favor of reform. Instead of being authorized to do whatever was 
necessary to “build socialism,” the VCP was subordinated to the constitution and the law, while 
the government was assigned specific management functions under the direction of a prime 
minister, whose powers also were defined. In addition, the constitution called for a multisector 
economy. Although the autonomy of state enterprises was recognized, a role also was assigned to 
the private sector. Individuals were permitted to acquire lengthy land leases. Foreign investors 
were granted ownership rights and protection against nationalization. 

In 2001 the constitution was amended to increase the role of the National Assembly by giving it 
the authority to decide budget allocations and to stage votes of no confidence in office holders. 
Amendments also boosted the role of the private sector by recognizing the right to operate of any 
businesses not explicitly prohibited and lifting restrictions on their size. These revisions were 
intended to encourage the development of a cottage industry of individual traders and private 
enterprises. In the field of education, amendments established the goals of universal secondary 
education, more vocational and technical training, and easier access to education by the poor and 
handicapped. 


'''Branches of Government:''' The constitution recognizes the National Assembly as “the highest 
organ of state power.” The National Assembly, a 498-member unicameral body elected to a five-
year term, meets twice a year. The assembly appoints the president (chief of state), the prime 
minister (head of government), chief procurators of the Supreme People’s Court and the 
Supreme People’s Office of Supervision and Control (the heads of the judiciary), and the 21-
member cabinet (the executive). Once a rubber stamp, the National Assembly has become more 
assertive in holding ministers accountable and amending legislation. Ultimately, however, the 
Vietnamese Communist Party (VCP) controls the executive and the electoral process. The VCP 
exercises control through the 150-member Central Committee, which elects the 15-member 
Politburo at national party congresses held every five years. Members of the party hold all senior 
government positions. 

The Vietnamese government has ministers in the following areas: agriculture and rural 
development; construction; culture and information; education and training; finance; foreign 
affairs; industry; interior; justice; labor, war invalids, and social affairs; marine products; 
national defense; planning and investment; public health; science, technology and environment; 
trade; and transport and communications. 


'''Administrative Divisions:''' Administratively, Vietnam consists of 59 provinces and 5 
municipalities. The provinces are An Giang, Bac Giang, Bac Kan, Bac Lieu, Bac Ninh, Ba Ria-
Vung Tau, Ben Tre, Binh Dinh, Binh Duong, Binh Phuoc, Binh Thuan, Ca Mau, Cao Bang, Dac 
Lak, Dac Nong, Dien Bien, Dong Nai, Dong Thap, Gia Lai, Ha Giang, Hai Duong, Ha Nam, Ha 
Tay, Ha Tinh, Hau Giang, Hoa Binh, Hung Yen, Khanh Hoa, Kien Giang, Kon Tum, Lai Chau, 
Lam Dong, Lang Son, Lao Cai, Long An, Nam Dinh, Nghe An, Ninh Binh, Ninh Thuan, Phu 
Tho, Phu Yen, Quang Binh, Quang Nam, Quang Ngai, Quang Ninh, Quang Tri, Soc Trang, Son 
La, Tay Ninh, Thai Binh, Thai Nguyen, Thanh Hoa, Thua Thien-Hue, Tien Giang, Tra Vinh, 
Tuyen Quang, Vinh Long, Vinh Phuc, and Yen Bai. The municipalities are Can Tho, Da Nang, 
Haiphong, Hanoi, and Ho Chi Minh. 


'''Provincial and Local Government:''' Provinces and municipalities are subdivided into towns, 
districts, and villages. The provinces and municipalities are centrally controlled by the national 
government. The towns, districts, and villages are locally accountable to some degree through 
elected people’s councils. 


'''Judicial and Legal System:''' At the apex of the judicial system is the Supreme People’s Court 
(SPC), which is the highest court for appeal and review. The SPC reports to the National 
Assembly, which controls the judiciary’s budget and confirms the president’s nominees to the 
SPC and Supreme People’s Procuracy. The Supreme People’s Procuracy issues arrest warrants, 
sometimes retroactively. Below the SPC are district and provincial people’s courts, military 
tribunals, and administrative, economic, and labor courts. The people’s courts are the courts of 
first instance. The Ministry of Defense (MOD) has military tribunals, which have the same rules 
as civil courts. Military judges and assessors are selected by the MOD and SPC, but the SPC has 
supervisory responsibility. 

Although the constitution provides for independent judges and lay assessors (who lack 
administrative training), the U.S. Department of State maintains that Vietnam lacks an 
independent judiciary, in part because the Vietnamese Communist Party (VCP) selects judges 
and vets them for political reliability. Moreover, the party seeks to influence the outcome of 
cases involving perceived threats to the state or the party’s dominant position. In an effort to 
increase judicial independence, the government transferred local courts from the Ministry of 
Justice to the SPC in September 2002. However, the Department of State saw no evidence that 
the move actually achieved the stated goal. Vietnam’s judiciary also is hampered by a shortage 
of lawyers and rudimentary trial procedures. The death penalty often is imposed in cases of 
corruption and drug trafficking. 


'''Electoral System:''' Vietnam has universal suffrage at age 18. Elections for the National 
Assembly are scheduled every five years. The last election was held on May 19, 2002. The next 
election is scheduled in 2007. In addition, elections to the people’s councils (local assemblies) 
were last held in April 2004. Although candidates are carefully vetted, about 25 percent of those 
elected were not members of the Vietnamese Communist Party (VCP). By a law enacted in 
2003, each district has at least two more candidates than the number of elected positions. 


'''Politics/Political Parties:''' Vietnam is a one-party state. The Vietnamese Communist Party 
(VCP) has a monopoly on power. 


'''Mass Media:''' Vietnam’s mass media are supervised by the Ministry of Culture and Information 
and communicate officially approved information. The government has shut down non-
compliant newspapers. Only senior officials are permitted access to foreign television via 
satellite. Given Vietnam’s close supervision of official media outlets, dissidents have sought to 
disseminate their views via the Internet, leading the government to impose restrictions on 
Internet use and access. The regime controls Internet access via Vietnam’s sole gateway, 
Vietnam Data Communications. In 2002 the Ministry of Culture and Information began to block 
access to Internet Web sites it considers “subversive,” such as the BBC’s Vietnamese language 
Web site. Also in 2002, the government sent a warning by jailing activists for publishing critical 
commentaries on the Internet. Altogether, Reporters Without Borders documented seven cases of 
dissidents being imprisoned or detained for illicit Internet use. The government also has 
tightened controls over cybercafés. In 2004 the government reprimanded 65 cybercafé owners 
for violating restrictions on Internet access, including the viewing of pornography. 


'''Foreign Relations:''' During its incursion into Cambodia in 1978–89, Vietnam was isolated 
internationally. However, soon after the conflict was resolved in the Paris Agreement on 
Cambodia in October 1991, Vietnam established or reestablished diplomatic and economic 
relations with most of Western Europe, China, and other East Asian countries. Vietnam joined 
the Association of Southeast Asian Nations (ASEAN) in 1995 and the Asia-Pacific Economic 
Cooperation forum (APEC) in 1998. Vietnam’s foreign policy is aimed at developing good 
relations with a diversified mix of nations. 

In February 1994, the United States lifted its economic embargo against Vietnam, and in June 
1995 the United States and Vietnam normalized relations. However, these relations remain 
somewhat volatile. Full implementation of a bilateral trade agreement, which came into effect in 
December 2001, is being held up by a dispute over catfish exports. In July 2003, the 
International Trade Commission decided in favor of the United States in the catfish dispute. 
Vietnam’s government is also upset with a bill introduced in the U.S. Congress in July 2004 to 
link non-humanitarian aid to Vietnam’s human rights record. In June 2005, a high-level 
Vietnamese delegation, led by Prime Minister Phan Van Khai, visited the United States and met 
with their U.S. counterparts, including President George W. Bush. This was the first such visit in 
30 years. The leaders engaged in far-reaching discussions, including lingering issues from the 
Second Indochina War, but the United States did not endorse Vietnam’s bid to join the World 
Trade Organization (WTO) during the visit. 

Ideological affinities are driving improved relations with China, and trade between the nations 
soared to reach US$7.2 billion in 2004. But despite improved relations, Vietnam remains 
suspicious of China’s intentions. In January 2000, China and Vietnam signed a treaty defining a 
common land border. However, the countries both claim sovereignty over the Spratly and 
Paracel Islands in the South China Sea, and this dispute is a potential source of renewed tension. 

Vietnam enjoys a good political and economic relationship with Japan, and the two countries are 
partnering to exploit the disputed offshore oil fields in the South China Sea. At a meeting in 
Hanoi in July 2004, foreign ministers from the two nations pledged to strengthen the partnership. 
Already a major trading partner and investor, Japan promised to boost direct investment in 
Vietnam. Japan also offered support for Vietnam’s bid to join the WTO. In December 2004, 
Japan announced a grant of US$19 million to fight poverty in Vietnam. 

Russia’s predecessor state, the Soviet Union, was a longstanding ally and a major investor. 
Following the break-up of the Soviet Union, Russia reduced its investments in Vietnam. Trade 
also suffered as a result of a dispute over the large debt that Vietnam owed the Soviet Union. 
This debt has been restructured to Vietnam’s benefit so that Vietnam now must repay only 15 
percent, with payments stretched over two decades. Part of the debt is repayable in commodities 
such as rice and coffee. 


'''Membership in International Organizations:''' Vietnam is a member of the Asian Development 
Bank, the Asia-Pacific Economic Cooperation forum, the International Monetary Fund, the 
United Nations, and the World Health Organization. Reflecting Vietnam’s recognition of its 
place in the global economy, in 1995 Vietnam joined the Association of Southeast Asian Nations 
(ASEAN). Now an observer at the World Trade Organization (WTO), Vietnam hopes to become 
a full member of the WTO in 2006. 

Other memberships include the Colombo Plan for Cooperative Economic and Social 
Development in Asia and the Pacific, Food and Agriculture Organization of the United Nations, 
International Atomic Energy Agency, International Bank for Reconstruction and Development 
(World Bank), International Civil Aviation Organization, International Development 
Association, International Fund for Agricultural Development, International Finance 
Corporation, International Federation of Red Cross and Red Crescent Societies, International 
Labour Organization, International Maritime Organization, Interpol, International Olympic 
Committee, International Telecommunication Union, Nonaligned Movement, Organisation for 
the Prohibition of Chemical Weapons, United Nations Conference on Trade and Development, 
United Nations Educational, Scientific and Cultural Organization, United Nations Industrial 
Development Organization, World Confederation of Labor, World Customs Organization, World 
Federation of Trade Unions, and World Intellectual Property Organization. 


'''Major International Treaties:''' With the United States, Vietnam reached the following 
agreements: Normalization of Relations (1995), Bilateral Trade (2001), and Counternarcotics, 
Civil Aviation, and Textiles (2003). With China, Vietnam reached a Land Border Agreement 
(1999), an Agreement on Borders in the Gulf of Tonkin (2000), and a Declaration on the 
Conduct of Parties in the South China Sea (2002). With Russia, Vietnam agreed to a Strategic 
Partnership (2001). 

Aside from these bilateral agreements, Vietnam is a signatory to numerous international 
agreements on biological weapons, chemical weapons, civil aviation, counterterrorism, 
diplomatic immunity, nuclear nonproliferation, and war crimes. Notable agreements on the 
environment include the following: Convention on the Prohibition of Military or any other 
Hostile Use of Environmental Modification Techniques (1978), Convention on Early 

Notification of a Nuclear Accident (1986), Convention on Assistance in the Case of a Nuclear 
Accident or Radiological Emergency (1987), Convention for Protection of the Ozone Layer 
(1988), Montreal Protocol on Substances that Deplete the Ozone Layer (1989), and United 
Nations Framework Convention on Climate Change (1994).