English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
local People’s Court is responsible to the People’s Council. 47 Judicial decisions by the courts
are binding on a case-specific basis and are not subject to constitutional review. 48
The Constitution provides that the SPP must exercise the right to prosecution and control
of judiciary activities. 49 The Director-General of the SPP is elected and can be removed
from office by the National Assembly at the proposal of the State President. 50 The Director-
General is subject to the supervision of the National Assembly and reports to it. 51 The tenure
of the Director-General is the same as the National Assembly. 52 Local people’s procuracies
exercise the right in their localities. 53 The directors of the local people’s procuracies are responsible
to the People’s Council. 54 Military procuracies exercise the right according to provisions
of law. 55
II.1.5 THE PEOPLE’S COUNCILS AND PEOPLE’S COMMITTEES
Article 118 of the Constitution provides for the local administrative units of Viet Nam:
The country of divided into provinces and cities under direct central rule;
The province is divided into districts, provincial cities, and towns; the city under direct
central rule is divided into urban districts, rural districts and towns;
The district is divided into communes and townlets; the provincial city and the towns are
divided into wards and communes; the urban district is divided into wards.
In these administrative units, the local organ of State power is the People’s Council. 56
Deputies to the People’s Council are elected by the local people through election units. 57
Taking into account the Constitution, laws and formal written orders of superior State organs,
the People’s Council can pass resolutions on: (a) measures for the implementation at the local
level of the Constitution and laws; (b) the plan for socio-economic development; (c) the execution
of the budget; (d) national security and defense at the local level; and (e) measures on
living conditions. 58
The executive body of the People’s Council and the organ for local State administration
is the People’s Committee. 59 The People’s Committee is elected by the People’s Council and
is responsible for the implementation of the Constitution, laws, formal written orders of
Superior State organs and resolutions of the People’s Council. 60
47
Law on Government, Article 135
48
Center for Reproductive Rights, ‘Women of the World, Laws and Policies Affecting their Reproductive Lives: East and
Southeast Asia’, Center for Reproductive Rights, New York, 2005 (Center for Reproductive Rights), p. 210
49
Constitution, Article 137; Law on Organization of the People’s Procuracies (No. 34/2002/QH10 of April 2, 2002) (Law
on People’s Procuracies), Article 1
50
Law on People’s Procuracies, Article 9
51
Constitution, Article 139; Law on People’s Procuracies, Article 9
52
Constitution, Article 138
53
Ibid., Article 137; Law on People’s Procuracies, Article 1
54
Constitution, Article 140; Law on People’s Procuracies, Article 9
55
Constitution, Article 137; Law on People’s Procuracies, Article 1
56
Constitution, Article 119
57
Law on the Election of Deputies to the People’s Councils (No. 12/2003/QH11 of November 26, 2003) (Law on the
Election to People’s Councils), Article 10
58
Constitution, Article 120
59
Ibid., Article 123
60
Ibid.
41
The political and legal framework of Viet Nam