NATIONAL ECONOMICS UNIVERSITY

SUBJECT: FUNDAMENTAL OF LAW

ASSIGNMENT:

THE GOVERNMENT OF THE

SOCIALIST REPUBLIC OF VIETNAM
GROUP 3
MEMBERS:
ĐẶNG ĐÌNH LONG (LEADER)
PHAN KIM CHI – PHAN THẢO NGUYÊN – LẠI MINH HIẾU
TRẦN NGỌC SƠN – NGUYỄN TIẾN MINH
 GROUP ASSIGNMENT: THE GOVERNMENT
*Overview:

 The Government of the Socialist Republic of Vietnam (abbreviated as the Government

of Vietnam) is the highest state administrative body of the Socialist Republic of
Vietnam, exercising executive power, the executive body of the National Assembly. The
Government is responsible to the National Assembly and reports on its work to the
National Assembly, the National Assembly Standing Committee and the President.
Before being named the Government, this body was known as the Government Council
during the period 1959-1980 and the Council of Ministers during the period 1980-
1992. The 1946 Constitution (the first Constitution) was different when the President
was also the head of the Government. From the 1959 Constitution, the institution of
the executive branch returned to the Prime Minister as the head of the Government as
it is now.

 The first Prime Minister of the Socialist Republic of Vietnam was Mr. Pham Van
Dong, elected at the first session of the 6th National Assembly in 1976. By the time we
make this presentation, the current Prime Minister of the Socialist Republic of
Vietnam is Mr. Pham Minh Chinh since April 5, 2021. Headquarters of Government
Office at 1 Hoang Hoa Tham Street, Ngoc Ha Ward, Ba Dinh District, Hanoi. The
term of office of the Prime Minister is 5 years, article 97 of the 2013 Constitution
stipulates that the term of the Government follows the term of the National Assembly.

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I) Position:
*Overview: The Government is the highest state administrative body of the
Socialist Republic of Vietnam, exercising executive power and serving as the
executive branch of the National Assembly.

1. Administrative Body: The Government acts as the executive body of the National
Assembly, responsible for implementing the political, economic, cultural, social, national
defense, security, and foreign affairs tasks of the State; ensuring the effectiveness of the
state apparatus from the central to the local level; and upholding the Constitution and
laws.

 Economic Development Orientation: The resolution emphasizes the Government's

role in developing and implementing economic strategies to achieve sustainable
growth, improve the living standards of the people, and ensure national defense.
 Strengthening State Management: The Government is tasked with enhancing the
efficiency of state management, reforming administrative procedures, combating
corruption and waste, and creating a favorable environment for investment and
business development.
 Protecting Citizens' Rights: The Government must ensure the protection of
citizens' legitimate rights and interests, helping their participation in managing
and deciding on important national issues, while ensuring stability and improving
the material and cultural lives of the people.

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  International Integration: The resolution highlights the importance of
strengthening international cooperation and promoting economic integration,
thereby enhancing Vietnam's position on the global stage.
 Party Leadership: The position of the Government is intricately linked to the
leadership of the Communist Party of Vietnam, executing the Party’s guidelines
and policies in all governmental activities.
2. Executive body of the National Assembly: the Government is established by the National
Assembly, carries out the tasks assigned by the National Assembly, reports its work to the
National Assembly, and is responsible for the results of its assigned tasks before the
National Assembly.

Based on article 1 chapter 1 and article 94 of the Constitution of the Socialist Republic of Vietnam

II) The Government has the following tasks, powers and funtions.

*Functions:

1. Administrative Function: The Government performs the function of state management,

enforces laws, and manages socio-economic activities, ensuring national security and
defense.
2. Executive Function: The Government is the highest executive body of the State,
responsible for implementing the decisions of the National Assembly and executing state
policies.

Based on article 6 chapter 2 of the Constitution of the Socialist Republic of Vietnam

*Tasks and powers:

1. Implementing Laws and Policies: Organizing the enforcement of the Constitution, laws,
resolutions of the National Assembly, ordinances, resolutions of the National Assembly
Standing Committee, and orders and decisions of the President.

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2. Policy Proposals: Proposing and developing policies for the National Assembly and the
National Assembly Standing Committee to decide within its authority to carry out the
tasks and powers specified in this article; presenting draft laws, state budget projects, and
other projects to the National Assembly; submitting draft ordinances to the National
Assembly Standing Committee.

3. Unified Management: Managing the economy, culture, society, education, healthcare,

science, technology, environment, information, communication, foreign affairs, national
defense, security, and social order and safety; implementing general mobilization orders
or localized mobilization, emergency declarations, and other necessary measures to
protect the homeland and ensure the safety and property of the people.

4. Administrative Divisions: Proposing to the National Assembly the establishment and

dissolution of ministries and equivalent agencies; establishing, dissolving, merging,
dividing, and adjusting the administrative boundaries of provinces, centrally governed
cities, and special economic administrative units; proposing to the National Assembly
Standing Committee to establish, dissolve, merge, divide, and adjust the boundaries of
administrative units below the provincial level.

5. National Administration Management: Unifying the management of the national

administration; managing officials, civil servants, public employees, and public service in
state agencies; organizing inspection and examination work, handling complaints and
denunciations, preventing bureaucracy and corruption within the state apparatus; leading
the work of ministries, equivalent agencies, agencies under the Government, and local
People's Committees; guiding and supervising the People's Councils in implementing
documents from higher state agencies; facilitating the People's Councils in carrying out
their tasks and powers as stipulated by law.

6. Protecting Rights and Interests: Protecting the rights and interests of the State and society,
human rights, and citizens' rights; ensuring social order and safety.

7. International Negotiations: Organizing negotiations and signing international treaties on

behalf of the State under the authorization of the President; deciding on the signing,
joining, approving, or terminating the validity of international treaties on behalf of the

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 Government, except for international treaties requiring approval from the National
Assembly as specified in Clause 14 of Article 70; protecting the interests of the State and
the legitimate interests of organizations and Vietnamese citizens abroad.

8. Cooperation with Social Organizations: Coordinating with the Central Committee of the
Vietnam Fatherland Front and central agencies of socio-political organizations in
performing its tasks and powers.

Based on article 96 chapter 7 of the Constitution of the Socialist Republic of Vietnam

*Additionally, the Constitution also stipulates the rights and responsibilities of the Prime
Minister, ministries, sectors, and agencies under the Government in conducting these functions.

III) Organization of the Government

GOVERNMENT OFFICE

DISTRICT/ CITY POLICE

GOVERNMENT PROVINCE/ CITY

INSPECTORATE POLICE
PROVINCE/ CITY/
DISTRICT MILITARY
COMMAND
HA NOI NATIONAL
DEPARTMENTS
UNIVERSITY

OFFICES AND COMMUNE/ WARD/

DEPARTMENTS TOWN POLICE
PRIME MINISTER AND
DEPUTY CHAIRPERSON
DEPUTY PRIME PROVINCE /CITY DISTRICT/ AFFILIATED
OF NATIONAL
MINISTER COMMITTEES CITY COMMITTEES
DEFENSE AND
SECURITY COMMUNE/ WARD/ COMMUNE/ WARD/
TOWN/ AFFILIATED TOWN MILITARY
CITY COMMITTEES COMMAND
HO CHI MINH
PROVINCE/ CITY
NATIONAL
INSPECTORATES
UNIVERSITY

AFFILIATED AGENCIES SMALL DEPARTMENTS

GOVERNMENT
MINISTRIES AND AFFILIATED AGENCIES
AGENCIES
PROVINCE/ CITY
INSPECTORATES

AFFILIATED
COMMITTEES

*Overview: The current government has 18 ministries, 4 equivalent agencies, 8 subordinate units
and The Government shall be composed of the Prime Minister, the Deputy Prime Ministers, the
Ministers, and heads of organs of ministerial rank. The structure and number of members of the
Government are decided by the National Assembly. The Government shall run as a collegium

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 and take its decisions by a vote of the majority. Deputy Prime Ministers, the Heads of Ministry
and equivalent agencies are nominated by the Prime Minister to the National Assembly, and they
will make the final decision of proposing them.

1. The Prime Minister is the head of the Government, is accountable before the National
Assembly on the activities of the Government and assigned duties; and shall report to the
National Assembly, the National Assembly Standing Committee, and the State President
on the activities of the Government and the Prime Minister.
2. The Deputy Prime Ministers shall help the Prime Minister in the performance of his
duties, as required by him, and are responsible to the Prime Minister. In the absence of
the Prime Minister, one of his Deputies shall be delegated by him to direct the work of
the Government.
3. The Ministers and Heads of organs of ministerial ranks shall be personally accountable to
the Prime Minister, the Government, and the National Assembly on their respective fields
and branches, and shall be, together with other members of the Government, collectively
accountable for the activities of the Government.
4. Ministries and equivalent agencies are agencies of the Government that perform the
function of state management over one or several industries, sectors, and public services
within those industries or sectors on a national scale. The organizational structure of
ministries and equivalent agencies includes departments, offices, inspection units, general
departments, and public service units, which are set up by the Government.

Based on article 2 chapter 1 of the Constitution of the Socialist Republic of Vietnam and Wikipedia

IV)Addition
*Comparison:
USA government:
1. The Federal Government is composed of three distinct branches: legislative, executive,
and judicial, whose powers are vested by the U.S. Constitution in the Congress, the
President, and the Federal courts, respectively. This ensures that no individual or group
will have too much power. This branch is made up of Congress (the Senate and House of
Representatives) and special agencies and offices that provide support services to
Congress.

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 2. The legislative branch’s roles include:
 Drafting proposed laws.
 Confirming or rejecting presidential nominations for heads of federal agencies,
federal judges, and the Supreme Court.
 Having the authority to declare war.

3. The executive branch’s key roles include:

 President – The president is the head of state, leader of the federal government, and
Commander in Chief of the United States armed forces.
 Vice president – The vice president supports the president. If the president is unable
to serve, the vice president becomes president. The vice president also presides over
the U.S. Senate and breaks ties in Senate votes.
 The Cabinet – Cabinet members serve as advisors to the president. They include the
vice president, heads of executive departments, and other high-ranking government
officials. Cabinet members are nominated by the president and must be approved by
the Senate.
 The executive branch also includes executive departments, independent agencies, and
other boards, commissions, and committees.

4. The judicial branch includes the Supreme Court and other federal courts.
It evaluates laws by:
 Interpreting the meaning of laws.
 Applying laws to individual cases.
 Deciding if laws violate the Constitution.
*Similarities:
1. Government Structure:
2. Both countries have a government organized into three branches: legislative, executive,
and judicial.
3. Functions of the Branches:

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 4. The legislative branch handles making laws, the executive branch enforces laws, and the
judicial branch oversees and interprets laws.
5. Legislative Process: Two systems have a process for drafting, reviewing, and passing
legislation.
*Differences:
1. Form of Government:
 U.S.: A federal democracy where states have significant autonomy. Congress consists of
two houses (the Senate and the House of Representatives).
 Vietnam: A socialist state led by a single party (the Communist Party of Vietnam). The
National Assembly is the sole legislative body, without the bicameral structure like that of
the U.S.
2. Election Process:
 U.S.: Voters have the right to elect the president and congressional representatives, with
multiple political parties participating.
 Vietnam: Voters elect members of the National Assembly, but candidates primarily come
from the Communist Party and other political organizations.
3. Power of the Branches:
 U.S.: There is a clear separation of powers, with the ability for each branch to check and
balance the others.
 Vietnam: The Communist Party holds the highest leadership role, leading to less
independence among the branches of power.
4. Judiciary:
 U.S.: The judicial system is independent and can check the actions of the executive
branch.
 Vietnam: The judiciary is not fully independent and is influenced by the Party and the
government.
 Vietnam and The US government systems have their own strengths and weaknesses. The
main differences arise from each country's historical, cultural, and political contexts,
which influence how the government is organized and functions.

*Conclusion:

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1. Concept: The state apparatus is a system of state agencies established according to
certain principles, procedures, and regulations to use state power, perform the functions,
tasks, and powers of the state set out in each specific period. Among them, the principles
of organization and operation of the state apparatus are fundamental principles that guide
the entire process of establishment and operation of each type of state agency as well as
the entire state apparatus.

2. Functions: The state apparatus is a special institution, the most important constituent
element of the state. Thanks to the state apparatus, state power is expressed and promoted
effectively, state functions are deployed, and specific goals, plans and tasks of the state
are implemented. Furthermore, in general, the state apparatus usually includes agencies to
organize and exercise powers including legislative power, executive power and judicial
power.

3. Organization: The Government consists of the Prime Minister, Deputy Prime Ministers,
Ministers and Heads of ministerial-level agencies. The structure of the number of
Government members shall be submitted by the Head of Government to the National
Assembly for decisions.