English - CEDAW Southeast Asia

CEDAW and the Law:
The Law on the Organization of People’s Councils and People’s Committee of
November 26, 2003 specifies the responsibilities of these bodies. The Law on the Election of
Deputies to the People’s Councils (No. 12/2003/QH11 of November 26, 2003) (Law on
Election to People’s Councils) provides for qualifications, number, election and tasks of
deputies to the People’s Councils. Decentralization of State management from central to local
authorities has also been taking place. 61
II.1.6 THE COMMUNIST PARTY OF VIET NAM
The Communist Party of Viet Nam is highlighted in the Constitution, which provides that it is
the “vanguard of the working class, the faithful representative of the rights and interest of the
working class, the toiling people and the whole nation, acting upon the Marxist-Leninist doctrine
and Ho Chi Minh thought, is the force leading the State and society.” 62
With this constitutional acknowledgment of the Communist Party of Viet Nam’s key role
in providing leadership to the State, with a membership of 2.5 million countrywide, 63 with almost
all key and senior positions in State organs occupied by its members as well as its historical
engagement in the running of the State, it is obvious that Communist Party of Viet Nam policies,
resolutions, programmes and directions have foremost authority. In many cases, they are
incorporated into or made the basis of legal documents. This is most significant in the light of
Viet Nam being a one-party State.
The National Congress is the highest body of the Communist Party of Viet Nam, while
at each level it is the Congress of Representatives. In between Congresses, the Central
Committee is the leading body of the Communist Party of Viet Nam, while at each level it is
the Party Organization Committee or Party Cell (Party Committee). Central Committee and
Party Committee members are decided by the congresses of their corresponding levels. 64
42
The National Congress is normally convened every five years and it appraises the
implementation of Communist Party of Viet Nam resolutions, elects the Central Committee and
amends Communist Party of Viet Nam Political Programmes. The Central Committee elects
the Political Bureau, and the General Secretary of the Communist Party of Viet Nam establishes
the Secretariat. The Political Bureau monitors the execution of the resolutions of the
National Congress and Central Committee, and the Secretariat exercises leadership over the
Communist Party of Viet Nam’s daily affairs, monitors resolutions and directs coordination of
activities. At the local level, congresses are convened to discuss documents prepared by higher
Party Committees, elect Party Committees and appraise implementation of resolutions. 65
The Communist Party of Viet Nam committees exercise leadership over the implementation of
resolutions and instructions from higher levels.
61
For further details, see Resolution No. 08/2004/NQ-CP of June 30, 2004 on Further Decentralisation of State
Management from Central Government to Local Governments of Centrally-Affiliated Cities and Provinces (Resolution
on Decentralisation)
62
Constitution, Article 4
63
Mekong Economics, Public Administration Reform Study: The Structure and Functions of Government in Viet Nam,
(Mekong Economics Study), p. 20
64
Ibid.
65
Ibid., p. 21
Structures of governance