subordinate positions. The National Assembly Standing Committee (NASC) is the
permanent body of the NA principally responsible for legislative affairs when
the NA is in recess. The President of State is vested with symbolic authorities.^4
The Government is the highest administrative state body.^5 The people’s courts
are the judicial bodies.^6 The people’s procuracies are authorized to prosecute and
supervise judicial activities.^7 All of these central institutions must report, and be
accountable, to the NA.^8 Within this constitutional order, the political institutions
are required to function in an Apollonian manner to maintain the unison of state
power. The corollary is that there are no checks and balances among these
institutions.
The current constitution of Vietnam also commits to a wide range of human
rights.^9 According to Article 50 , “In the Socialist Republic of Vietnam, human
rights in all respects, political, civic, economic, cultural and social, are respected,
find their expression in the rights of citizens and are provided for by the Consti-
tution and the law.” The Constitution appears to be in accordance with inter-
national human rights engagement. However, the Constitution fails to provide an
independent institution responsible for implementing human rights. Rather, the
Constitution delegates the constitutional review power to the legislative and execu-
tive bodies. The NA is authorized to abrogate unconstitutional documents enacted
by other central institutions while the body itself is subject to no external insti-
tutional surveillance. As a subsidiary body of the NA, the NASC is vested with the
power to interpret the Constitution.
10
The prime minister is empowered to nullify
unconstitutional legal normative documents passed by ministries and the chairmen
of provincial people’s committees.
11
Apart from state apparatus, the role of the Communist Party in Vietnam should
be mentioned. The pre-eminent leadership of the Communist Party is homolo-
gated by Article 4 of the Constitution:
The Communist Party of Vietnam, the vanguard of the Vietnamese
working class, the faithful representative of the rights and interests of
the working class, the toiling people and the whole nation, acting upon
the Marxist–Leninist doctrine and Ho Chi Minh’s thought, is the force
leading the State and society. All organizations of the Party operate
within the framework of the Constitution and the law.^12
Functionally, the party leads the state and society mainly by nominating its
members to hold key state positions and formulating policy that is subsequently
legalized by the state.
(^41992) constitution, Art. 101. (^51992) constitution, Art. 109.
(^61992) constitution, 127. (^71992) constitution, Art. 137.
(^81992) constitution, Arts. 84 , 102 , 109 , 135 and 139. (^91992) constitution, Chapterv.
(^101992) constitution, Art. 91. (^111992) constitution, Art. 114.
(^121992) constitution, Art. 4.