amended constitution introduced a mechanism of veto of all ordinances of the
NASC: the President of State can
propose to the NASC to revise its ordinances within ten days from the
date these ordinances were passed; if such ordinances are still voted for
by the NASC against the State President’s disapproval, the State Presi-
dent shall report it to the NA for decision at its nearest session.^27
Additionally, the amended constitution withdraws the authority of the NASC to
sanction proposals of the prime minister concerning the appointment and dismissal
of deputy prime ministers, cabinet ministers, and other members of the Govern-
ment in the intervals between sessions of the NA.^28 The new constitution exclu-
sively authorized the NA to sanction the appointment and dismissal of senior
governmental officials.
Apart from the functions of the legislative branch, there are also some consti-
tutional revisions which adjusted the functions of the executive branch. Since the
year 2000 , due to the impact of globalization, Vietnam has experienced dynamic
international co-operation, both bilateral and multilateral, which has significantly
involved the executive role. Meanwhile, the old constitution limited the authority
of the Government concerning international law. To allow the Government to
more actively participate in transnational legal affairs, the revised constitution has
empowered the body to negotiate and conclude international agreements in the
name of the State of the Socialist Republic of Vietnam, except for international
agreements negotiated and concluded by the President of State.
29
Challenging a Soviet institution: limiting the procuracy’s jurisdiction
The procuracy (vien kiem sat), an institution endemic in the socialist pedigree,
arguably imputed to V.I. Lenin’s contrivance, was introduced in Vietnam as early
as 1959.^30 Prior to the 2001 constitutional amendment, the procuratorial system in
Vietnam was closely patterned on the Soviet prototype. Organizationally, the
Vietnamese procuratorial branch is independent of the three traditional legislative,
executive, and judicial branches. The branch consists of the supreme people’s
procuracy, local people’s procucacies arranged parallel to the local governments,
and military procuracies. The institution is vested with two categories of authority:
general supervision (kiem sat chung), and criminal investigation and prosecution.
General supervision is the substantial authority of the procuracy. The general
supervision function of the procuracy in Vietnam is contemplated to implement
the Soviet principle of “socialist legality” (phap che xa hoi chu nghia). In the Soviet
(^271992) constitution, Art. 103 (revised). (^281992) constitution, Art. 90 (revised).
(^291992) constitution, Art. 112 (revised).
(^30) For the creation of this institution in Vietnam, see George Ginsburg, “The genesis of the
people’s procuracy in the Democratic Republic of Vietnam” ( 1979 ) 5 Review of Socialist
Law 179.