Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

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.


Constitutional developments in Vietnam 195

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