Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

the hands of the Party, but a gradually active forum for the public to check


Government and Party activities. Concomitantly, legislative–executive interaction


has been cacophonic rather than entirely polyphonic, demonstrating the increas-


ingly active role of the democratic institution. Below are some vivid examples.


First, in the last decade, the country has seen contentious interpellations broad-


cast to the public via live television. Through the congressional forum, a number of


active delegates have advocated for more governmental accountability on societal


issues such as corruption, inflation, educational degeneration, environmental


pollution, and transportation congestion.


Second, in spite of having not yet been practiced since its introduction in 2001 ,


the new tool of the vote of confidence has served as the instrument for legislators


to challenge the Government in some cases. To illustrate this point, in dissatis-


faction with the government’s response to serious socioeconomic issues, some


progressive legislators have sought to apply the vote of confidence mechanism to


the relevant ministers.
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Furthermore, in late 2010 , frustrated by the Vietnam


Shipbuilding Industry Group’s failure to repay the laden loans of US$ 4. 5 billion,


a senior legislator even called for a vote of confidence in the prime minister.
48


Third, the new century has witnessed the unprecedented phenomenon of rejection


by the National Assembly of several projects initiated by the Government. First worth


mentioning is the famous express railway case. On June 19 , 2010 , with 37 percent for


and 41 percent against, the National Assembly rejected the Government’s proposed


US$ 56 billion Hanoi–Ho Chi Minh City express railway project.
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The case drew


tremendous attention due to the socioeconomic implications of this huge project.


During a month of deliberation, while the government tried to use persuasion to pass


the project, a myriad of legislators and the public openly criticized it via mass media,


on grounds including its cost and benefits that the majority of the people could not


see. Eventually, the concordance of the public and majority of legislators won. That


was the first time in modern Vietnamese history that democratic institutions were


successful in frustrating a project of the Government.


In another case, on March 29 , 2011 , with 35 percent for and 44 percent against,


the National Assembly rejected the draft Law on the Capital City by the


(^47) “Quoc hoi se Bo phieu Tin nhiem Bo truong Le Huy Ngo” (The National Assembly will vote
confidence in Minister Le Huy Ngo),http://vietbao.vn/Xa-hoi/Quoc-hoi-se-bo-phieu-tin-
nhiem-Bo-truong-Le-Huy-Ngo/ 10861674 / 157 ; “Toi Chinh thuc De nghi Bo phieu Tin nhiem
Bon Bo truong” (I officially appealed for a vote of confidence in four ministers),http://
vietbao.vn/Xa-hoi/Toi-chinh-thuc-de-nghi-bo-phieu-tin-nhiem-bon-bo-truong/ 40034148 / 157.
(^48) “Vu Vinashin: Yeu cau Bo phieu Tin nhiem Thanh vien Chinh phu” (The Vinashin Case:
appealing for a vote of confidence in members of the Government),http://laodong.com.vn/
Tin-tuc/Vu-Vinashin-Yeu-cau-bo-phieu-tin-nhiem-thanh-vien-Chinh-phu/ 18782 (last visited
September 27 , 2011 ).
(^49) “National Assembly Rejects Express Railway Project”http://english.vietnamnet.vn/politics/
201006 /National-Assembly-rejects-express-railway-project- 917324 (last visited September 27 ,
2011 ).


Constitutional developments in Vietnam 205

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