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Local Government and Administration in the Democratic Republic of Vietnam since 1954 (Part 2)

Published online by Cambridge University Press:  17 February 2009

Extract

Despite the noticeable progress registered since 1954 in the reorganisation of a civilian administrative structure in North Vietnam, after three years much still remained to be done. In particular, while the régime had, from the very start, repeatedly pledged itself to hold popular elections at the earliest possible opportunity to all organs of government, these promises had never been kept, probably out of a desire not to upset the delicate political balance between North and South engineered by the Geneva agreements and to give the South a convenient pretext for repudiating them. But, when the deadline set at Geneva for a referendum in both halves of the divided land on the question of re-unification had expired and it became apparent to Hanoi that it could no longer hope to gain control of South Vietnam at the polls, the last reason for postponing unilateral action in the North vanished. By 1957, official sources in the D.R.V. were openly acknowledging that the situation with regard to elections had indeed become anomalous and even admitting that

the state apparatus had not yet become sufficiently strong; in many places organs of people's power had not been re-elected for a long time. In some areas people's Councils have almost not been functioning at all or have functioned only formally. Some administrative committees were being appointed by higher organs, whereas they had to be elected by people's Councils.

Type
The Intellectuals (IV)
Copyright
Copyright © The China Quarterly 1963

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References

26 Meizlyakov, N., op. cit. (note 18), p. 79.Google Scholar

27 Text in Cong Bao, 07 24, 1957Google Scholar, No. 30; Osnovnye Normativnye Akty, pp. 723.Google Scholar The law was based on a decision of the Sixth Session of the National Assembly adopted in January 1957, was passed by the Government on July 20, 1957, and ratified by the Seventh Session of the National Assembly on September 15, 1957, Nhan Dan, 10 5, 1957.Google Scholar

28 For a description and analysis of the rules applicable to elections to the National Assembly, see the article by Nguyen Dinh Loc (note 16 above), passim.

29 Ibid., p. 84. See also Romashkin, P. S. (ed.), Izbisatelnye Sistemy Stran Mira, Spravochnik (Electoral Systems of the Countries of the World, a Guide) (Moscow: 1961), pp. 2426.Google Scholar

30 See Arts. 29–32. See also Arts. 65–67 on penalties for tampering with the voting or the ballots.

31 Three days for elections to communal, district and provincial city councils; seven days for elections to provincial and municipal councils; twelve days for councils of districts in autonomous zones; fifteen days for zonal councils of autonomous zones.

32 See Art. 63.

33 MerzIyakov, N. S., in 15 let Demokraticheskoi Respubliki Vietnam, p. 52.Google Scholar

34 Ibid.; A. G. BudanoY, in Makhnenko, A. Kh. (ed.), op. cit., p. 392Google Scholar: “The elections, which took place on November 24, 1957, were a vivid demonstration of the solidarity of the Vietnamese people with the Workers' Party and the Patriotic Front.”

35 Merzlyakov, N. S., op. cit. (note 6), p. 51.Google Scholar The same author, op. cit (note 18), p. 80, reports that in Haiphong initially only sixty-five deputies were successful at the polls, of which sixty-four campaigned under the auspices of the Patriotic Front, and one was an independent. Another round of elections filled the remaining vacancy with a Front candidate. On January 16, 1958, the Hanoi city council elected its twenty-four-man executive committee, and Haiphong followed suit a few days later.

36 Merzlyakov, N. S., op. cit. (note 6), p. 51.Google Scholar

37 La République Démocratique du Viet-Nam (Hanoi, 1960), p. 44.Google Scholar N. Merzlyakov, S., op. cit. (note 18), p. 78Google Scholar, on the other hand, gives the figures of twenty-four workers, twelve peasants, fifteen members of the intelligentsia, seventeen, craftsmen, tradesmen and industrialists, five representatives from various religious organisations. Among the deputies were nineteen women. The same source reports that in the thirty-one administrative committees in the province of Thai-Nguyen, of the 212 deputies, three were workers, eighteen rural workers, eighty-eight poor peasants, ninety-nine middle peasants.

Further data may be gathered from Nhan Dan, 08 29, 1960Google Scholar, which estimates that workers constitute 8·17 per cent, of the membership of provincial councils; peasants—52·1 per cent.; representatives of other labouring strata—37·9 per cent.; representatives of the national bourgeoisie—0·28 per cent., etc. In the village councils, the main mass of the deputies is drawn from the peasantry. As for women participation, another practice fostered by the regime, Nhan Dan, August 1, 1960, reported that 20 per cent, of the deputies of local councils were women. In nineteen provinces of the lowland areas, among members of the provincial councils there were 225 women, or 19·4 per cent, of the total; in seven mountain provinces, seventy-eight provincial council delegates were women. There were 13,205 women deputies in 3,927 village councils in the lowlands, or 13·3 per cent, of the total, and 2,934 were deputies in 1,142 mountain village councils, or 13 per cent, of the total.

38 Merzlyakov, N. S., op. cit. (note 33), p. 52.Google Scholar

39 Idem, op. cit. (note 6), p. 51. The same source reports, on p. 68, that 92 per cent, of the electorate participated in the elections in the Thai-Meo zone.

40 Ibid. pp. 51–52.

41 La République Démocratique du Viet-Nam, p. 47.Google Scholar

42 Merzlyakov, N. S., op. cit. (note 6), p. 68.Google Scholar See also the data in Mazaev, A. G., op. cit. (note 10), p. 157Google Scholar, on thé national composition of the 140-man zonal council of the Thai-Meo region as of 1958.

43 Merzlyakov, N. S., op. cit. (note 6), pp. 67, 69.Google Scholar As Fall, B., Le Viet-Minh, La République Démocratique du Viet-Nam, 1945–1960 (Paris: Armand Colin, 1960), p. 108Google Scholar, fn. 36, points out, however, even D.R.V. sources frequently contradict themselves on such statistics.

44 Duong-Cong-Hoat, , op. cit., p. 2.Google Scholar

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47 Shortly after, the Mongolian People's Republic followed the D.R.V.'s example in its new Constitution, adopted on July 6, 1960, in Article 62. For text of the Constitution, see 40 let Narodnoi Mongola (40 Years of People's Mongolia) (Moscow, 1961), pp. 147166Google Scholar, and Osteuropa-Recht, 1960, No. 4, pp. 251263Google Scholar, and for analysis see the author's “Mongolia's ‘Socialist’ Constitution,” Pacific Affairs, 1961, No. 2, pp. 141156Google Scholar, and “Local Government in the Mongolian People's Republic, 1940–1960,” Journal of Asian Studies, 1961, No. 4, pp. 489508.Google Scholar

48 Merzlyakov, N. S., op. cit. (note 33), p. 53.Google Scholar

49 Nhan Dan, 11 25, 1958.Google Scholar According to Budanov, A. G., op. cit., p. 61Google Scholar, “zones were abolished in the Democratic Republic of Vietnam in March, 1958,” which probably refers to a preliminary decision. This would explain why the April 29 law “On the Organisation of Local Organs of Authority” already made no mention of the regular zones, the November 24 decree then simply formalising the earlier tentative decision and ratifying the tacit abolition implied by default in the wording of the April 29 enactment.

50 Arturov, O. A., in V. F. Kotok (ed.), op. cit., p. 408.Google Scholar

51 Merdyakov, N. S., op. cit. (note 6), p. 160.Google Scholar For text, see Cong Bao, 1959, No. 10.Google Scholar

52 Cong Bao, 1959, No. 46.Google Scholar

53 Merzlyakov, N. S., op. cit. (note 6), p. 158.Google Scholar

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55 Gudoshnikov, L. M., in Kotok, V. F. (ed.), Gosudarstvennoe pravo stran narodnoi demokratii (State Law of Countries of People's Democracy) (Moscow: 1961), p. 269Google Scholar

56 Voevodin, L. D., op. cit., p. 518.Google Scholar

57 ibid. pp. 518, 525.

58 ibid. p. 534.

59 Ibid. p. 525.

60 Merzlyakov, N. S., op. cit. (note 6), p. 151.Google Scholar The term of office of the district councils was set at two years. It should also be added that with the inauguration of a new judicial system in the D.R.V. under the 1960 Constitution, Art. 84 noted that “the people's councils elect, and have power to recall, the presidents of the people's courts at corresponding levels.”

61 Fall, B., op. cit. (note 43), p. 83.Google Scholar

62 This example has again been followed by the Mongolian People's Republic in its 1960 Constitution and by Czechoslovakia in its own “socialist” Constitution and has been proposed, too, for the new Constitution of the Soviet Union presently under discussion. See the author's “A Khrushchev Constitution for the Soviet Union: Projects and Prospects,” Osteuropa-Recht, 1962, No, 3, pp. 191214.Google Scholar

63 Nhan Dan, 01 24, 1962.Google Scholar

64 Gudoshnikov, L. M., op. cit., p. 289.Google Scholar

65 Cf. Shchetinin, B. V., “Nekotorye voprosy raboty mestnykh organov gosudarstvennoi vlasti stran narodnoi demokratii” (“Some Questions of the Work of Local Organs of State Power in Countries of People's Democracy”), in Sovety deputatov trudyash-chikhsya v period razvemutogo stroitelstva kommunizma (Soviets of Workers' Deputies in the Period of Accelerated Construction of Communism) (Moscow: 1961), p. 215Google Scholar: “Despite differences in name, local organs of rule in all countries of people's democracy are socialist in type and in this respect are related to the local organs of State rule in the USSR, even though they differ from the latter in political form and level of development.” It is interesting to note that in the D.R.V., as in Mongolia, for instance, local organs of government exercise no authority over the so-called agricultural production co-operatives in the territory under their jurisdiction, these institutions lying exclusively within the sphere of responsibility and control of the central ministerial apparatus. Thus, see Loc, Nguyen Dinh, “Pravovoe polozhenie selskokhozyaistvennykh proizvodstvennykh kooperativov Demokraticheskoi Respubliki Vietnam” (“Legal Status of the Agricultural Production Co-operatives in the Democratic Republic of Vietnam”), Sovetskoe Gosudarstvo i Pravo, 1962, No. 5, pp. 9297.Google Scholar

66 For an indication of some of the difficulties being experienced by the Viet-Minh with the proper operation of the State apparatus, see the speech by Dong, Pham Van, “On the People's Democratic State,” in Third National Congress of The Viet Nam Workers' Party (Hanoi: 1961), III, pp. 7884.Google Scholar