Separation des pouvoirs en droit vietnamien

3026 mots 13 pages
Alexandre Tieu 2010/2011

Separation of powers in the State of Vietnam

Table of Content

Introduction

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 : powers concentrated 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

Introduction

1. Historical approach

From 939 to 1945, VietNam has known a monarchal regime with a 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 China with 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 sate system 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, Ho

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