Vietnam: Government, Politics and

Constitutional Reform

Pamela S. Katz, J.D.Professor of Political Science and Legal

StudiesThe Sage Colleges, Troy, NY

Fulbright Scholar in Vietnam, 2012-13

Law, Youth and Citizenship Annual ConferenceOctober 18, 2013

Agenda• Government Structure and Communist Party • Historical context of Constitutional Development• Current Constitutional Reform• The Road to Democracy: Predictions

Government Structure and Communist Party• Communist Party of Vietnam• umbrella over governmental institutions• Politburo, Provincial and local Peoples’ Committees

• National Assembly, Presidency, Prime Minister, Administrative Agencies, Judiciary

• Fatherland Front• University System• Ethnic Minorities

Historical Context

Historical marker

• 1945- Declaration of Independence of the Democratic Republic of Vietnam

• 1954- Geneva accords.

• 1975-South liberated. Unification as Socialist Republic of Vietnam

• 1986- Doi Moi

Constitutional reform

• 1946- first Vietnamese Constitution approved by National Assembly

• 1959- North Vietnam approved second Constitution.

• 1980- Third Constitution approved for entire nation.

• 1992- Fourth Constitution adopted

Current Constitutional Reform• Reasons- • Relationship to world in global economy has changed• 1995- Entry into ASEAN• 2007- Entry into WTO• Current negotiation of TPP

• Pressure to advance rule of law and human rights• Desire to reaffirm primacy of Communist Party

• Process-• National Assembly established Constitutional Drafting

Committee• draft of revised Constitution approved by NA• Submitted to public for comments • Editorial Board of CDC will collect and report on public comments• Modifications to CDC, then to NA for 2/3 vote.

Road to Democracy?

• Legacy of division• Civic engagement• Openness• Different voices

within Communist party

• Open dissent• Article 19• Petition 72•Multiparty system

• CORRUPTION• Coopting the

educated elite• Fear of

colonialism/concern about stability

• Speech and assembly restrictions• Decree 72• Censorship