Socialist Republic of Vietnam

SOCIALIST REPUBLIC OF VIETNAM

CONSTITUTION Vietnam’s modern history is marked by unification following years of deep division. In the mid-19th century Vietnam was annexed to French Indochina and became a colony of France. The colonization marked the first time that Vietnam subjected to foreign rule since 938 A.D. when the Vietnamese gained independence from Chinese rule. Resistance to French rule divided the country with French loyalists in the southern third of the country. In 1941, Japan occupied Vietnam as part of its regional strategy during World War II. Vietnam declared independence from France and Japanese occupation in 1945, but Vietnam was not a peaceful country. The Geneva Accords of 1954 partitioned the country along the 17th Parallel. The

Vietminh governed the northern portion and the southern portion became the State of Vietnam. The two parts of Vietnam fought for the next twenty years, aided by the Cold War interests of foreign nations. The conflict ended with the capture of Saigon in 1975.

Vietnam’s National Assembly reunified Vietnam on July 2, 1976, and changed the name of the country to the Socialist Republic of Vietnam. To reflect the values of the new socialist republic, the Vietnamese enacted a Constitution in 1980. It was the third Constitution promulgated since 1946 and in turn, the 1980 Constitution was replaced by the current Constitution in 1992.

The current Constitution of the Socialist Republic of Vietnam was unanimously adopted and enacted in April 1992 by Vietnam’s National Assembly. The Constitution was most recently amended in December 2001. In 147 articles, the Constitution outlines Vietnam’s Political System, Economic System, Culture, Education, Science and Technology, Defense of the Vietnamese Socialist Homeland, Basic Rights and Obligations of Vietnamese Citizens, the National Assembly, the President of the State, the Government, People’s Councils and People’s Committees, People’s Court and People’s Inspectorate, the National Flag, National Emblem, National Anthem, National Capital (Hanoi) and National Day (September 2, 1945).

The Constitution provides that the Vietnamese Communist Party is the “vanguard of the Vietnamese working class and the loyal representative of the interests of the working class, the working people and the whole nation.” The Constitution charges the Communist Party to adhere to Marxism-Leninism and Ho Chi Minh’s thought.

EXECUTIVE AUTHORITY Vietnam is led by the Vietnamese Communist Party. Executive authority is vested in a largely symbolic President, who is the head of state, and the Prime Minister, who serves as the head of Government. Both the President and Prime Minister hold high positions within the Vietnamese Communist Party.

The President is elected by Vietnam’s legislative body, the National Assembly, and serves a five-year term.

The President appoints the Prime Minister, who is nominated for the position by the National Assembly. The Prime Minister presides over the Cabinet and is responsible for the appointment of Cabinet members.

LEGISLATIVE BODY Vietnam’s main governing and law-making body is the 493-member unicameral National Assembly. The National Assembly is elected every five years. Nearly all the members of Vietnam’s National Assembly are members of the Vietnamese Communist Party. Of the 493 members elected in 2007, 492 were Vietnamese Communist Party members or endorsed by the party. Only one member was independent of the Party.

The full National Assembly meets in Hanoi twice a year, but much of the legislature’s business is accomplished through the 150-member Central Committee and 15-member Politburo, both of which are highly influenced by the Vietnamese Communist Party.

JUDICIAL SYSTEM Vietnam’s judicial system was reorganized under the most recent Constitution. The system is three tiered into the Supreme People’s Court, and intermediate appellate court, and people’s courts of general jurisdiction.

The Supreme People’s Court is the highest court in Vietnam.

Justices are appointed to five year terms by the National Assembly. As is also true in China, the judiciary of Vietnam is not an independent branch of government. The Supreme People’s Court is funded by the National Assembly. In addition, the Court reports to the National Assembly. The judicial system in Vietnam is regarded as corrupt in great need of reform and separation from the influence of the Vietnamese Communist Party.

IMPLEMENTATION OF UNITED NATIONS COUNTER-TERRORISM RESOLUTIONS The Socialist Republic of Vietnam has ratified eight of the sixteen United Nations international legal instruments against terrorism.

Ratified

Yet to be Ratified

The Aircraft Convention: 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft Ratified: October 10, 1979 The Unlawful Seizure Convention: 1970 Convention for the Suppression of Unlawful Seizure of Aircraft Ratified: September 17, 1979 The Civil Aviation Convention: 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: September 17, 1979 The Diplomatic Agents Convention: 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons Ratified: February 5, 2002 Airport Protocol and Montreal Convention on Air Safety: 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: August 25, 1999 Maritime Convention: 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

Hostages Convention: 1979 International Convention against the Taking of Hostages

Nuclear Materials Convention: 1980 Convention on the Physical Protection of Nuclear Material

Plastic Explosives Convention: 1991 Convention on the Marking of Plastic Explosives for the Purpose of Detection Nuclear Terrorism Convention: 2005 International Convention for the Suppression of Acts of Nuclear Terrorism 2005 Amendment to the Convention on the Physical Protection of Nuclear Material

2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation

Ratified: July 12, 2002 Fixed Platform Protocol: 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf and the 2005 Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf Ratified: July 12, 2002 Terrorist Financing Convention: 1999 International Convention for the Suppression of the Financing of Terrorism Ratified: September 25, 2002

2005 Protocol for the Suppression of Unlawful Acts against the safety of fixed platforms located on the Continental Shelf

1997 International Convention for the Suppression of Terrorism

In addition, Vietnam is working to implement UN Resolutions 1373 and 1624 and has made five reports to the United Nations CTC on the county’s progress. Most recently Vietnam reported that they have not specifically enacted legislation criminalizing the financing of terrorism, but in Vietnam, terrorism is a crime and other provisions in the Vietnamese legal code apply. Vietnam admits that it does not have established mechanisms to combat terrorism. Vietnam wants to focus on prevention and the root causes of terrorism. Vietnam also intends to put greater focus on border, port and airport security.

CORRUPTION AND GOVERNANCE

Vietnam ranks 116th out of 178 countries according to the Global Corruption Perception Index. Vietnam residents perceive the police as the most corrupt institution in the country with 44% of residents reporting that they bribed public officials in the past year.

All of Vietnam’s governance indicators, with the exception of voice and accountability are steady and in the 25th to 75th percentile. The voice and accountability indicator is below the 10th percentile and has been steadily at that very low level since the study began in 2003.