Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

Implementation of the revised constitution


During the implementation stage of the amended constitution, there were some


important practical movements, discussed below.


More open national elections


In a single-party polity like Vietnam where competitive elections are absent, the


Communist Party predominantly controls the national election and nominates


candidates. However, in the last decade, the country has seen a more complex


scenario in which NA elections reflected popular moves which were to a certain


extent beyond the domination of the Party.


Edmund Malesky, a political scientist at the University of California, San


Diego, observes that Vietnam’s elections are relatively more open than those


held in other one-party communist states such as Cuba and China. In Vietnam


there is a broader range of candidates, more competition for seats and a greater


risk of senior officials losing.
45
For example, in the most recent May 2011 NA


election the range of 827 candidates was actually very eclectic, with a number of


non-Party members, women, ethnic people, religious people, and business can-


didates. More importantly, the election results indicated a more open, or at least


less authoritarian, election system. First, among 500 elected candidates, forty-two


were non-Party members. Second, more self-nominated candidates won than


before, the number increasing from one in 2007 to four in 2011 ,allofwhomare


businesspeople. Third, more senior officials lost elections: a total of fifteen


candidates nominated by the central government failed, including some senior


incumbents of the NA.^46


The changing representative democracy


In the first decade of the present century, Vietnam’s representative democratic


institution has witnessed some unconventional developments. The NA in Vietnam


is conventionally viewed as a tractable instrument for the Communist Party to


formalize its policies through the channel of the Government. Although signs of


the socialist dogma of unity and co-ordination of powers still exist in the National


Assembly–Government relationship, the first decade of the present century indi-


cates that representative democracy in Vietnam has been incrementally increasing.


The national selected body has proven to be not a totally malleable device in


(^45) “Vietnam rulers reach out to business people,”www.ft.com/cms/s/ 0 /de 6 dd 360 - 82 fc- 11 e 0 -
85 a 4 - 00144 feabdc 0 .html#axzz 1 ZDMd 7 tfh(last visited October 16 , 2011 ).
(^46) “Cong bo Ket qua Bau cu Dai bieu Quoc hoi Khoaxiiiva Hoi dong Nhan dan cac cap
nhiem ky 2011 – 2016 ” (Announcement of the result of elections of National Assembly
13 th term and People’s Councils term 2011 – 2016 ),www.nclp.org.vn/thong_tin_congtac
lap_phap/cong-bo-ket-qua-bau-cu- 111 ai-bieu-quoc-hoi-khoa-xiii-va-hoi- 111 ong-nhan-dan--
cac-cap-nhiem-ky- 2011 – 2016 (last visited October 16 , 2011 ).


204 Bui

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