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LAWS OF THE JUNGLE
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ast month, the Vietnam Communist National Assembly began the last session of the year. The members have raised their many concerns relating to the law making process. However, many Vietnamese say that the so-called national assembly is just a rubber stamp, only carrying out the Communist Party's decisions to pass "laws of the jungle."Under the Communist regime, in North Vietnam since 1954 and in all Vietnam since April 30, 1975, there were almost no laws at all, either criminal, civil, trade, or administrative. The only one was the 1959 Law of Marriage, consisting of 35 simple articles. The last article states that any cases not provided in the law will be decided by local party and government authorities, in conformity with local situation.
For a long time Hanoi leaders were applying resolutions, ordinances, decrees, and memoranda to govern instead of statutes passed by its national assembly.
In Vietnam today, the court must rule a case conformingly to the directives of the Communist Party Committee of the court, who make final decisions well before the trials.
In such arrangement, the lack of statutes is adding excessive power to the party’s strong arms to exercise oppressive measures to keep the society well under strict control of the party. Due to that control, Hanoi was able to mobilize the maximum human and material resources for the war in South Vietnam.
Since 1985, Communist leaders in Hanoi began to enact their first laws after 40 years in power. By 1995, Hanoi has promulgated almost all laws necessary for the maket economy that it had adopted. But many of the laws have defects that make their enforcement imposssilbe, hinder economic reform and discourage foreign investors. Many laws were amended overnight without prior notice.
In the last few years, representatives in the national assembly have been allowed to voice their opinions in a certain limit enough to alleviate people’s dissatisfaction but not much to encourage the possible opposition. Now the deputies are free to criticize party cadres and government officials ranking below the Central Committee and reveal wrongdoing that can’t be concealed. During the current session, some complaints by the deputies are reported in party-controlled newspapers.
Nguyen Duc Chinh, Saigon, was one of some deputies who argued that the Constitution should not be rewriten so may times (3 times since 1960). Whenever the party fundamental policies changed, Hanoi Constitution was replaced with a new one. In 1980 for instance, after Hanoi parting company with Beijing, the 1960 version was remodeled after the Soviet Union’s new constitution, a nearly-true copy with the Soviet concept of "worlers, farmers and intellects." Even the title "Prime Minister" was replaced by "Chairman of the Ministers Council" until the 1992 version changed it back.
After a new law is promulgated, each responsible ministry and local government has to issue directives to implement provisions of the law. In the past, many decrees and directives for the same law made by different departments and local governments sharply contradict one another, resulting in poor coordination within the government and waste of public time and money.
According to Deputy Dang Ngoc Tung, almost all laws have been amended (many times and shortly after taking effect). Deputy Pham Quang Du said that a score of such directives regulating the implementation of the Criminal Law taking effect last year have not been released.
Mr. Pham Quang Du also argued that the Land Transportation Law should have been urgently passed to lower the high rate of traffic deaths, but it has not been even drafted. Imagine a large city as Saigon with 5 million people, 2 million motorbikes, 1.9 million bikes, 200,000 cars, all moving on narrow streets and highways without being regulated by a law.
The above-mentioned examples prove that Communist cadres in charge of key positions in the cabinet and local governments are not only incapable but also greedy, selfish. All of that combined with authoritarianism of the "Communist feudal lords" at all levels, from village to province, is an unsurmountable obstacle that is slowing down Vietnam’s economic progress.
There is a rumor running that Hanoi may amend its constitution, especially its Article 4 (claiming the Communist Party's monopoly of ruling power) after the Vietnam Communist Party 9th National Congress to be held at the end of March 2001. Many Vietnamese don’t think so. The VCP may amend some of the provisions with modified political rhetoric, but the very contents will be the same.
If foreign investors hope for better administrative and judicial systems in Vietnam, they would be in despair, unless extremely high pressure is brought to bear on the obstinate Hanoi leaders.
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Following is one of the true stories published by newspapers in Saigon last week, that typifies how administrative procedures are performed.
An widower of over 70 years old got married and applied for marriage certificate at Ben Nghe Ward, 1st District, Saigon, where he was living. He couldn't show his birth certificate as required to prove that he was old enough to legally get married, whereas authorities at his place of birth refused to issue a certificate (probably because birth register destroyed by war). His ID Card was not accepted by registry office as legal document for marriage purpose.
At last, authorities at Ben Nghe Ward asked him to produce the birth certificate of one of his children as a proof of his age - above the lowest age to get married.
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