I. Basic features of the Socialist Republic of Vietnam
- Nature of the Socialist Republic of Vietnam
According to Article 2 of the 2013 constitution, the nature of the Socialist Republic of Vietnam:
“The Socialist Republic of Vietnam is a law- based state of the people, by the people, for the people.
The Socialist Republic of Vietnam is owned by the people; All state power belongs to the people, whose foundation is the alliance between the working class and the populace and the intelligentsia.
The Socialist Republic of Vietnam brings the deeply national and civic. The nature of the state is determined by the economic and social bases.
- The economic basis: is the "relation of production" of the socialist republic based on public ownership of means of production, social labor products and friendly cooperation and assistance among workers.
- The social basis: It is the entire labouring poeple whose foundation is the alliance between the working class, the peasantry, and the intelligentsia.
- Form of The Socialist Republic of Vietnam
- Form of government: Democratic Republic – Socialist Republic.
The government of the democratic republic of the Socialist Republic of Vietnam has many unique characteristics that are different from the bourgeois democratic republic.
- State structure form: The Socialist Republic of Vietnam is a unitary, independent and sovereign state with a unified legal system that is "effective" nationwide 2013 Consitution stipulated in Article 1: “The Socialist Republic of Vietnam is an independent, sovereign, unified and territorial state, including the mainland, Islands territorial waters and air space.
- The fundamental characteristics of the socialist republic of Vietnam
- First, the State of the Socialist Republic of Vietnam is a rule- based socialist state.
- Second, the Socialist Republic of Vietnam is a state of the people, by the people and for the people.
- Third, in the Socialist Republic of Vietnam, there is an equal relationship between the state and citizens in terms of rights and obligations of both parties.
- Fourth, the State of the Socialist Republic of Vietnam is a democratic state, the state guarantees and constantly promotes the people's right to mastery in all aspects.
- Fifth, the State of the Socialist Republic of Vietnam is a unitary state of all ethnic groups living in the Vietnamese territory.
- Sixth, the State of the Socialist Republic of Vietnam is in a transitional period to socialism. As a one-party state, it is the Communist Party.
- Seventh, the Socialist Republic of Vietnam is a peace-loving state that wants to make friends with all nations in the world.
II. The state apparatus
- Definition:
- The state apparatus is a system of state agencies from the central to local levels, organized to operate according to common and unified principles in order to perform the tasks and functions of the state.
- Classification of organs in the state apparatus:
- Based on the form of exercise of power:
+ The organ of state power
+ The organ of state administration
+ The organ of Judiciary
- Based on the order of establishment:
+ Elected state organs (elected by the people)
+ The body is not elected by the people
- Based on the nature of authority
+ The organ with general Authority
+ The organ with speciall Authority
- Based on authority level:
+ Central state agency
+ Local government agency
* Organizational models of the state apparatus
- The state apparatus of chattel slavery system:
- Features: The difference between the East and the West, specifically:
- The East: The form of absolute monarchy is popular. The state apparatus was primitive, heavily civil in nature and deeply influenced by religion.
- The West: The form of the state is more diverse than in the East, and the specialization in state activities is increasing gradually. The judicial body is separate from the administrative body.
- Feudal state apparatus:
- Features: Heavy military character associated with the feudal caste system. The enforcement agencies (such as the army, prisons, etc.) are the mainstays.
- The state structure includes:
+ King holds the highest position in the state apparatus, has unlimited power.
+ Central helper apparatus.
+ System of agencies and mandarins in the locality.
The apparatus of bourgeois state:
- Features: Being organized based on the principle of separation of powers. Among the three legislative, executive and judicial principles which are in a mutual and restrainted relationship. The sovereignty belongs to the people.
- The structure includes:
+ Head of State (President): being established by the election of the parliament (parliamentary republics), by the electors (the presidential republic), by the electorate (the mixed republican state).
+ Parliament: is the highest authority representative body, can execute the constitution and laws. There may be 1 or 2 institutes.
+ Government: Can be elected by the parliament and be responsible for it (in parliamentary republics and the mixed republican state), or established by the president and be responssible to the president (in republican republics and mixed republics). President)
+ Court System
- The socialist state apparatus:
- Features: The state apparatus is organized on the basis of political economy and from the nature of the state.
- The structure includes:
+ The organs of state power
+ The president of the country
+ State management agencies
+ The Judiciary authorities
+ Supervisory authorities
III. State apparatus of the Socialist Republic of Vietnam:
-
- Definition:
- State apparatus is the totality of state agencies organized and operated according to certain order and procedures prescribed by the Constitution and law. They have relationships and interactions with each other, and have their own functions and powers as prescribed by the Constitution and laws in order to participate in the performance of common functions and tasks of the state.
- Classification of organs in the state apparatus:
+ Congress: is the highest representative body and the highest power, is the only body with constitutional power and legislates representing the will and aspirations of the people of the whole country.
+ People's Council: is the organ of the state power at the local level which is elected by the locality.
- The president is the head of state, represents the state in domestic and foreign affairs, and is a member of the National Assembly.
- State management agencies:
+ Government: is the executive body of the National Assembly, the highest administrative body of the Socialist Republic of Vietnam, responsible to the National Assembly.
+ People's Committee: Elected by the People's Council, is the executive body of the People's Council, the local state administrative agency, responsible to the People's Council at the same level and the above state agencies.
- Judicial bodies: Including People's Courts, Military Courts and other courts established by law.
- Procuracy agencies: Including the People's Procuratorate and the Military Procuracy.
