Separation des pouvoirs en droit vietnamien

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Alexandre Tieu 2010/2011

Separation of powers in the State of Vietnam

Table of Content


1. Historical approach
2. Constitutional evolution of Vietnam
3. Actual situation

Part 1 : Constitutional repartition of powers in Vietnam

1. The notion of separation of powers : absent in the vietnamese institutional conception
2. Vietnamese conception : powersconcentrated in one organ, the National Assembly

Part 2 : the unofficial rapartition of powers in Vietnam
1. The people : the state powers resting on this fictive basis
2. The vietnamese National Assembly : a weak power in practice
3. The communsit party : the real holder of the power


1. Historical approach

From 939 to 1945, VietNam has known a monarchal regime witha king concentrating all his powers in one hand : the legislative, the executive and the judiciary. The country is essentially composed of peasants. Vietnam is made of rural villages and a few towns and has conserved his society order and preserved peaceamong its inhabitants thanks to the confucianist and buddhist influence.
But the French Colonisation started in 1858 and recognized by Chinawith the 4th of June of 1885 treaty, followed by the Indochina war from 1946 to 1954 and the war of Vietnam against USA until the seventies, put Vietnam in a political, economical an social dead end that the communist party leaded by Ho Chi Minh has tried to overcome.
It is because Viet Nam had a rough history and rythmed by the war during the 20th century that we can understand why today the satesystem is the one we will study. This is why it is important to know the institutional evolutions of Vietnam to settle the features of the repartition of powers in Vietnam.

2. Constitutional evolution in Vietnam

There are only four official constitutions recognised (6 unofficially), which are modulated according to historical events. In effect, to put an end to the French colonial regime, HoChi Minh, the leader of the workers party, managed to unify the vietnamese people attached to various politic opinions thanks to thsi same goal, to be able to proclaim the second of december of 1945 the Deeclaration of Independence giving birth to the Democratic Republic of Vietnam, trying to eradicate at the same time colonialism and monarchal system.
In 1946, the first Constitution puts thePresident of Vietnam (Ho Chi MINh) as the chief of the executive with a system nearly identical to the French one but giving him more powers. Thsi Constitution does not reflect the weight of communism because at that time they needed the approval of the whole people to struggle against the French and conquish their independence. Thus the National Assembly was composed of various political parties( the first being the one of Nguyen Ngo To and the second one the one of Ho Chi Minh folllowed by others parties of less importance) on the opposite of the composition of the Assemblies that existed in the following Consitutions.
It is not until the second Constitution of 1959 that the communist influence is feeled in the institutions. In effect only one party remains and the majority of it ispart of the National Assembly. The later only meets twice a year and to take care of daily issues, a Standing Committee has be put in place. The President is only the Chief of the State and it is now the government who has the executive power, influenced by the communist principle of taking decisions in a collective way. Everything is controlled by the party - education, economy, sciences,technology, politics, finances and culture. But this Consitution could not remain beacuse of the war.
Thus with the Constitution of 1980 amended in 1986, instittuions changed again : the chief of state is replaced by a collective organ : the State Council comprising 11 members exercising the powers of the Standing Committe of the National Assembly while The Cabinet having the executive power takes...
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