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Are there any differences between the Modern Conception of the State from the Ancient and Mediaeval State?... TEXT 2 SOME DIFFERENCES BETWEEN THE ANCIENT, MEDIAEVAL AND MODERN STATE Th

Basic Legal

Englis

I&:] NHA XUAT BAN CONG AN NHAN DAN

Discuss these questions with a partner

2 How, in your opinion, was law first created? How has it changed throughout its long existence?

1 The state-enforced laws are made by a range of governmental institutions

Can you name some of them?

2 What aspects of life do you think the law leaves an impact on? -

3 Can you name some legal systems in the world?

4 How is the domain of public law different from that of private law?

5 The article mentions that the law can be divided into public law and

private law Another classification of law is between substantive law and procedural law What are they?

13

TEXT 1 LAW AS A SYSTEM OF RULE

Law is a word that means different things at different times Black’s Law

Dictionary says that law is “a body of rules of action or conduct prescribed by

| controlling authority, and having binding legal force That which must be

‘or legal consequence is a law.”

oye oe e thy

ols © ODey ING

obeyed and Jollowed by citizens subject ÍO s$

kin tng disputes to standard court litigation The creation of laws themselves may be

- -|influenced by a constitution, written or tacit, and the rights encoded therein |

The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people

| Legal systems vary between countries, with their differences analysed in

comparative law In civil law jurisdictions, a legislature or other central

| | body codifies and consolidates the law In common law systems, judges

make binding case law through precedent, although on occasion this s may be

in areas such as contracts, property, tarts

is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less

pronouneed in common law jurisdictions

Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis and sociology Law also raises important and complex issues concerning equality, fairness, and justice

(Adapted from Black’s Law Dictionary, 6" ed s.v “law.” &

hitps://en wikipedia org/wiki/Law)

N° English terminology Vietnamese equivalent

: 1 | regulate (v) | quan ly, diéu chinh

| quy định (thường sử dụng để chỉ văn bản

2 regulation (n) pháp luật do các cợ quan hành pháp ban

3 | state-enforced (adj) được thi hành bằng quyền lực nhà nước

4 legislature (n) co quan lap phap :

5 | legislator (n) nha lap phap

7 statute (n) đạo luật

§ | executive (n) co quan hanh phap

9 | precedent (n) án lệ

10 | comparative law (n) luật so sánh

15

21 | private law (n) luật tư

22 constitutional law (n) luật hiến pháp

23 | administrative law (n) luật hành chính

24 | criminal law(n)_ luật hình sự

' 25 property (n) tài sản

26 torts (n) bồi thường thiệt hại ngoài hợp đồng

1 | enforced 4 | vary 7 | concerns

(c) Work in pairs Test your partner on the collocations by giving the first or

second part to élicit the other

Exercise 4 Complete these sentences with appropriate prepositions

1 Laws made the legislature are referred to as statutes

2 The law has a significant impact on politics, economics, history and

society various ways

3 Legal systems vary countries; no two legal systems are exactly

the same

4 Contrary to substantive law, procedural law deals the rules by

which a court hears and determines what happens in a case brought before it

5 Law provides a source of scholarly inquiry legal history,

philosophy, economic analysis and sociology

Exercise 5 Work in pairs Take turns choosing one of the words in the box

and define or describe it for your partner to guess When they have guessed the word, they must put it into a sentence of their own

3, Social interests do not exist in the absence of human contact T

4 | Social interests have remained unchanged throughout history F

5 Law protects social interests which society deems worthy of protection

(A) It should be noted that law is a scheme of social control [ ] It is not a

scheme of individual control The individual is free to control his own conduct,

so long as it does not affect others He may choose his own all, choose

his own 88, and regulate his own conduct in a thousand and one other

ways, without any interference by the law, provided he alone is concerned But

if his conduct affects the lives of his fellowmen, then there is a possibility of

control by the law

19

(B) In the second place it should be noted that, while law is a scheme of social control, it does not attempt to control all social relations It controls them only

so far as social interests require such control As human beings come in closer

coritact with each other, they have more wants and/ or social interests

Therefore, if a man were alone in the world, or on a desert island, he would call nothing "his own" (proprius)

y A solitary human being would have no wants against other human beings Hence, there would be no social interests But the more people are ‡- thrown into contact with each other, the more social interests they have People

in rural districts do not have as many social interests as people in urban

communities People in small urban communities do not have as many social

interests as people in large cities As social life becomes more complex, more social interests have to be recognized In the early history of the world there were not as many social interests as there are today

(C) In the early history of our country there were not as many social interests )as there are now At first the only social interest recognized was that of the

‘preservation of the peace Later there was a social interest in the maintenance

3S

x social interest in Greek, Roman, and

of the status quo This was a 8y

English history before the nineteenth century In modern times numerous social

interests have grown up What social interests shall be tecognized is

determined (theoretically) by the 888888588 power, —in the United States by the majority of the people in the state—, as they express themselves through their representatives in the halls of legislation and their judges on the benches

(D) The determination of a new social interest is often a difficult matter Society

is made up of many conflicting and overlapping groups, such as capitalists, laborers, farmers, consumers, producers and the like Representatives may be

governed by self-interest, and judges influenced by bias and SRSA Under

such circumstances it is often difficult to decide what is the social interest What,

for example, is the social interest in such matters as the SENS child labor, liquor,

and drugs? Yet, in the complex modern world, if many social interests were not

recognized and protected, life would be intolerable The human race, through

’, ignorance and laziness would soon destroy itself Law,

then, is ‘a scheme of social control, for the protection of those social interests

which society in some way decides shall be protected

| (Adapted from “A Definition of Law” by Hugh Evander Willis, 1926)

4 | social relation (n) quan hệ xã hội

5 social interest (n) lợi ích xã hội

6: maintenance of/to maintain bảo toàn hiện trạng xã hội

_ | the status quo

7 sovereign power (n) chủ quyền (trong bài đọc mang ý nghĩa là

chủ thê tôi cao của quyên lực nhà nước)

8 | representative (n) dai biéu

10 | overlapping (adj) chéng chéo

11 | capitalist (n) nha tu ban

12 | laborer (n) người lao động

123 | tariff (n) thué quan

14 | warfare (n) chién tranh

15 | degeneracy (n) sự suy đồi, thoái hóa

21

Language work

Exercise 2 Determine the author’s flow of logic by arranging the following

A 3

points.in order of their appearance in the text

Social interests are born from human contacts

f ” Exercise 3 Read the text again and determine which paragraph(s) contain(s)

1 c_ -| The development of social interests throughout human history

2 A The disapproval of a definition of law

3 D | The conflicting nature of social interests

: 4.D | An example of how social interests differ from one social group to

Fars Leagan ae ek bS hye F11 s0atdaie ta -tai

VN Tay ese, AGRE, aes

Exercise 4 Complete these sentences with appropriate prepositions

2 The law controls social relations only so far 8$ social interesfs

require such control

3 „The more people are thrown ini9 contact with each other, the

more social interests they have

4 _At first, the sole social interest was the preservation of the peace

5 The purpose of law is f9f the protection of the social

interests which society in some way decides shall be protected

Ệ box and define or describe it for your partner to guess When they have

E guessed the word, they must put it into a sentence of their own

i

i Domicile Conduct Rural district Peace Judge

: Consumer | Representative Bias and Child labor Warfare

2 Is there a clear separation between law and morality?

3 Must law be compatible with long-standing social practices, customs,

produced laws that are unjust and “wrongful.” What these different forms of government have in common is that each is based on power and that possessing R

the power to enforce its laws is central to each government’s existence This philosophy can be criticized for ignoring arbitrariness, abuses of power, and tyranny, and for producing bad law

Natural Law

Natural law philosophers argued that law is that which reflects, or is based

on, the built-in sense of right and wrong that exists within every person at birth

‘| though during apartheid the all-white South African government may have had the power to enact racially discriminatory statutes, such statutes were not truly

“law” because they were morally abhorrent This natural law philosophy was very influential i in seventeenth- and eighteenth-century Europe Revolutionaries

dethrone bring dev

who sought to RAW established monarchies were attracted to natural law

because it established a philosophical foundation for political reform

NatNatural law thinking has greatly influenced American law as well

American civil rights advocates currently use the same time-tested natural law

24

as law because they are so blatantly unfair [ ]

When there is no consensus in society about what is morally right and wrong, natural law loses its effectiveness as a basis for law Current examples of this problem include issues such as abortion, physician-assisted suicide, and capital punishment

Historical Jurisprudence

Historical jurisprudence evolved in response to the natural law philosophy

Aristocrats were attracted to this school because it provided a justification for

preserving the status quo and the preferential treatment of powerful elites that was deeply rooted in: cultural tradition The historical philosophy of law integrated the notion that law is the will of the sovereign with the idea of the

® That is, law is only valid to the extent that the will of the

sovereign is compatible with long-standing social practices, customs, and values Law, according to this view, could not be arbitrarily imposed by legislators whose legal source was “right” reasoning Instead, the historical school insisted that only practices that have withstood the test of time could be thought of as law Further, these philosophers believed that law changés slowly and invisibly as human conduct changes

A major advantage of historical jurisprudence is that it promotes stability in law In fact, much law is largely grounded in judicially approved custom [ ]

Occasionally a sovereign will enact legislation that significantly contravenes long-standing custom A few years ago, the Massachusetts legislature enacted a mandatory seat belt law Many citizens believed that the state was infringing

on a a matter of f personal choice They insisted that the matter be placed on the

A major problem with historical jurisprudence is determining at what point a

practice has become a custom How long must a practice have been followed,

and how widely must it be accepted, before it is recognized as customary?

equality of opportunity They maintained that property rights should be

: protected because security of property is crucial to attaining happiness People,

| 'they thought, should perform their contracts because increased commercial

‘activity and economic growth produce socially beneficial increases in employment

Utilitarians also favored the simplification of legal procedures They opposed checks and balances, legal technicalities, and complex procedures They believed that these “formalities” increased the costs and length of the judicial process and made the justice system ineffective and unresponsive to the needs

of large numbers of average people [ ]

A major problem with utilitarianism is that not everyone agrees about what is

pleasurable and what is painful And many, if not most, political scientists

would dispute that legislators actually make decisions according to the

Analytical positivism asserted that law was a self-sufficient system of legal A

rules that'the sovereign issued in the form of commands to the governed These

& considerations such as

commands did not.depend for legitimacy on §Ñ§§§§§§

reason, ethics, morals, or even social consequences However, the sovereign’s

will was law only if it was developed according to SNY established procedures,

such as the enactments of a national legislature [ ]

Members of this philosophical school would view disputes about the goodness

{ They would maintain that such issues

or badness of legal rules as GENER

do not relate to the law as it is This approach promotes stability and security

In the United States, people often disagree with governmental decisions about

foreign policy, as well as about such issues as housing, the financing of public

education, health care, abortion, environmental protection, and the licensing of

nuclear power plants Many contend that governmental officials are pursuing

wrongful, and sometimes immoral, objectives Such concerns, however, are

generally unpersuasive in our courts If governmental officials are authorized to

make decisions, act within constitutional limitations, and follow established

procedures, even decisions that are unpopular with some segments of society are

Vocabulary

N° English terminology Vietnamese equivalent

' 1 ` school (n) trường phái

2ˆ tyranny (n) chế độ chuyên chế

3 | monarchy (n) chế độ quân chủ

4 democracy (n) chế độ dân chủ

5 | arbitrariness (n) sự tùy tiện (tính từ: arbitrary)

6 | natural law (n) trường phái pháp luật tự nhiên

7 | intrinsic (adj) nội tại, về mặt bản chất |

8 | (racially) discriminatory (adj) phan piệt đôi sử (về màu da) (động

tir: discriminate)

9 ANNONSHE (adj) dang khinh

| 10 BERBERS (adv) một cách ngang nhiên, trang tron

12 | reform (n) cải cách

14 | capital punishment (n) tử hình

15 | historical R@R§Y(n) trường phái luật học lịch sử

16 | preferential treatment đối xử thiên vị

19 bãi bỏ 20_ | referendum (n) cuộc trừng cầu dân ý

21 | utilitarian (adj) thuc dung, vi loi

i 22 analytical positivism trường phái thực chứng

| 23 legitimacy (n) sự phù hợp, đúng đắn

i 25 | extra-legal (adj) không mang tính pháp lý

Language work

ị Exercise 2 From the article, determine whether the following statements

| are true (T) or false (F)

Ị 1 Democracies have produced only good laws F

t 2 Natural law philosophers believed that morally evil laws must be evil

4 “ 3 According to historical jurisprudence philosophy, legislators must pave

i the way for changes in social norms by means of law F

+ 4 Legislations should encourage socially desirable behaviors and

discourage unwanted conducts T

5 | Analytical positivists viewed moral goodness as a legalissue T

ậ Exercise3 Match these words to make collocations from the article

In a group, research contemporary rules of war and answer the following

31

UNIT 2 WHAT IS THE STATE?

Discuss these questions with a partner

Lead-in 1 What is the State?

2 Are there any differences between the Modern Conception of the State from the Ancient and Mediaeval State?

TEXT 1 KEY CONCEPTS OF THE STATE IN POLITICAL THEORY

A state is considered a form of political association or polity that is

discriminated by the fact that it is not itself joined into any other political

associations, though it may combine other such associations The state is thus a

highest corporate entity because it is not incorporated into any other entity,

even though it might be subordinate to other powers (eg another state or an

empire) One state is differentiated from another by its having its own

independent organization of political authority, and an attachment to separate

physical boundaries The state is itself a political community, though not all

political communities are states A state is not a nation, or a people, though it

may comprise a single nation, parts of different nations, or a number of whole

nations A state arises out of society, but it does not encompass or contain

society A state will have a government, but the state is not solely a

| government, for there exist many more governments than there are states The

state is a modern political construction that emerged in early modern Europe,

but has been replicated in all other parts of the world The most important

| feature of the state that makes it a typical and new structure of political

i association is its most abstract quality: it is a corporate entity

The term “State” has been used as “Polis” (Greeks), “Civitas and Republica”

: (Romans), “Christian Common Wealth” (Medieval period) and “Stato” (16

The “State” is described as a community of persons, permanently occupying a

definite territory, legally independent of external control, and possessing an

organized government which creates and administrates law over all persons

and groups within its jurisdiction in ‘State’ The State has four indispensable

elements, which are: (1) Population (It is an association of large groups of

individuals So, people are the primary element Population also acts as a

resource of the state Without sufficient population, a state may not thrive); (2)

Territory (A definite and more or less permanent geographical territory is

required The population usually resides within the territory Apart from size of

li

the territory, the type of geography, natural resources, climate, etc are also

factors in determining the status as either strong and powerful or otherwise);

(3) Government (The population of the territory should be politically organised Government is the political organisation of the state and helps in the day to day functioning of the state Government makes policies that affect the lives of the population of that state.); and (4) Sovereignty (It is the

characteristic of the state that distinguishes the state from all other associations

or association It has Internal Sovereignty and External Sovereignty)

States may be classified according to some criteria as the following mind map:

Map 1 Types of States

group) controte all is as elected president there fs As the sion of partially self "Eo ihs amon af parttatie calf-

= Ea a TT : ee : ee

ie mm _ Thate i a central goverense,

š PATRUL T838 their oven linited goveratents

characteristics Among them, Democracy, which derives from the Greek word,

or people, is defined, basically, as government in which the supreme power is

vested in the people In some forms, democracy can be exercised directly by

the people; in large societies, it is by the people through their elected agents

Freedom and democracy are often used interchangeably, but the two are not synonymous Democracy is indeed a set of ideas and principles about

freedom, but it also consists of practices and procedures that have been molded

through a long, often tortuous history Democracy is the institutionalization of

freedom In the end, people living in a democratic society must serve as the

ultimate guardians of their own freedom and must forge their own path toward

the ideals set forth in the preamble to the United Nations Universal Declaration

of ‘Human Rights: Recognition of the inherent dignity and of the equal and

“| inalienable rights of all members of the human family is the foundation of

freedom, justice, and peace in the world

(Adapted from “The Theory of the State” by Johan Kaspar Bluntschli & Batoche

Books, 2004 and The Formation of Greek City-States by Julien Zurbach, 2013)

Language work

Exercise 2 Find nouns/ verbs/ adjectives in the article that collocate with

these words

| 1 ‘association 4 nations 7 State

2 authority 5 | government 8 religion : \

Exercise 3

| (a) Match these words to make collocations from the article

2 State (to be) an instrument in the hands of ruling class and subordinate

to capitalist class

3 An international law was strengthened which (to uphold) all the states’

equal right to self-determination

4 | After the agreement of Westphalia (to end) 30 years war in 1648, many

religious wars among the European powers also (to end) and (to undermine) the power of Church

5 The legislation (to be) so difficult to interpret that it needed clarification

Exercise 5 Work in pairs Take turns to choosing one of the words in the box and define or describe it for your partner to guess When they have guessed the word, they must put it into a sentence of their own

Secular vest oligarchy jurisdiction foundation political association _ state legislation Freedom Democracy

38

TEXT 2 SOME DIFFERENCES BETWEEN THE ANCIENT, MEDIAEVAL

AND MODERN STATE

The State can be only defined and discovered by history; the idea of the State is

derived from philosophical speculation The universal conception of the State

is identified when the many actual States which have appeared in the world’s

history and their common characteristics have been discovered The highest

idea of the State is beheld when the movement of human nature to political

society is considered, and the highest conceivable and possible development of

this trend is regarded as the political end of mankind Therefore, there are some

major differences of the Modern Conception of the State from the Ancient and

Mediaeval State as in the following:

Ancient State

The ancient State did not identify the personal rights of man, or consequently

the right of individual freedom In all ancient States, a half of the population

consisted of slaves without rights, and only the smaller half of free citizens

39

to be in great measure = to a considerable extent or degree

to be of little/no account = ~not worth considering

the State through their masters The slaves had no fatherland in the ancient State The rights of man were almost altogether denied to them Custom was

IP definitely often better than the law, but their actual situation was uncertain, and i

HS broke out,

The ancient idea of the State embraced the entire life of men in

community, in religion and law, morals and art, culture and science The

spiritual freedom of the individual

| and the State Individual freedom as against the State was not yet recognized

quyen luc cong

city State to a world State de quoc La Ma

In the ancient State, public activities were differentiated by their nature and objects, but usually the same assemblies and magistrates exercised

The ancient State felt itself limited externally only by the tes

loi phai cua

The middle ages derived the State and the right of the State from God The

State was-held to be an organization willed and created by God

_ The notion of the State was based on and regulated by theological principles Islam, which belonged altogether to the Middle Ages, recognized

an God to the Sultan Mediaeval Christianity avowed the dualism of Church and State, but believed that both

swords, the spiritual and the temporal, ‘were entrusted by God, the one to the

rd, and recognized only the one sword of the State, but held firmly

to the religious idea that sovereign power comes from God

The Mediaeval State differentiated the ideal from the old oriental peoples, a direct theocracy, but an indirect theocracy The ruler was the vicegerent of God

The Mediaeval State depended upon community of belief, and

considered spiritual, and therefore higher; the State as bodily, and therefore lower Hence, the rule, or at least the guardianship, of the priesthood was above that of kings The c§ i

che do phong kien

The middle ages produced the feudal

Vicegerent of God: dai dien cho Chua

the clergy: giao sỉ

given duty w great trust ar

confidence

Dao Tin Lanh

Dao Kito thoi Trung

Co

Conversely, the peasantry was kept in an unfree condition

The medieval State was simply a legal State; but the administration of justice was indifferently guarded, and people were often left to maintain their own-+

rights Government and administration were weak and underdeveloped The Mediaeval State had little perception of its own spirit It was determined by characters and tendencies It gives one the impression of natural growth;

custom was the chief source of its law

Modern State

The modern State is founded by human means on human nature The State is -| also an organization of common life fanned and administered by men, and for

| human ends

The fundamental principles of the State are determined by the human

‘sciences of philosophy and history Modern political science starts from the consideration of man in explaining the State The State is considered to be a society of individuals who have united together for the defence of their safety and freedom, the others as an embodiment of the nation in its unity The modern idea of the State is not religious, therefore the State does not depend

on religious belief However, the State does not deny that God has made human nature, and that His providence has a part in the government of the world Modern political science does not profess to comprehend the ways of God, but Modern political science attempts to understand the State as a

State is conditioned by public law, and its politics aim at the welfare of the

nation (the commonweal), understood by human reason, and carried out by

human means

‘The modern State does not consider religion a condition of legal status Public

and private'law are independent of creed The modern State protects freedom

of belief, and unites peacefully dissimilar churches and religious societies It withdraws from all persecution of dissenters or unbelievers

The modern State regards itself as a person, consisting at once of spirit (the national spirit) and body (the constitution) The modern State feels itself independent, even as against the Church, which is likewise a collective person, consisting of spirit and body, and maintains its supremacy even over the Church It identifies no superior status in the clergy, abolishes their privileges and immunities, and extends the authority of law over all classes equally

| The modern State leaves only religious education to the Church, the school is a

| State school, science is free from ecclesiastical authority, and its freedom is protected by the State

Public and private law are distinguished, and public rights imply public duties

The modern State is an organization of the nation and preserves a central unity

in its authority States are formed on a national basis, and tend to become great

in size Law is national and human, and applies to all equally

The modern State requires a uniform representation of the people The great classes of the people have the chief power: the basis is democratic Citizenship embraces all classes equally The law is the same for the whole

country and people

The modern State develops the common freedom of citizenship in all classes, and compels everyone to submit to its authority

The modern State, because constitutional, is likewise a legal State; but at the

43

same time it concerns itself with economics and culture, and above all with

politics Government is strong, and administration is carefully developed with a

The modern State is aware of itself; the modern State acts according to principles and from reason rather than from instinct Accordingly, legislation is considered the principal source of its law

Batoche Books, 2004 and The Formation of Greek City-States by Julien Zurbach, 2013)

(Adapted from “The Theory of the State” by Johan Kaspar Bluntschli &

Vocabulary

N° English terminology Vietnamese equivalent

2 | Mediaeval State (np) ‘Nha nude thoi ky Trung cb

3 | Modern State (np) Nhà nước hiện đại

4 slave (n) nô lệ

| 5 identify (v) thừa nhận, công nhận -

6 | city state (np) thành phố tự trị |

7 | The Greek state (np) nhà nước Hy lạp

& | embodiment (n) tính hiện thân

9 | constitutional monarchy (n) chế độ quân chủ lập hiến

2 | public activities were differentiated by their nature and objects, but usually

the same assemblies and magistrates exercised dissimilar functions, legislative

and administrative

3 | guided the education of the young, and exercised authority over science

4 |Modern political science starts from the consideration of man in

explaining the State ”

5 | Accordingly, legislation is considered the principal source of its law

4, | pillars of democracy - democracy

5 |.to be entitled - to be empowered

Exercise-4 Work in pairs Take turns choosing one of the words in the box

and define or describe it for your partner to guess When they have guessed

the word, they must put it into a sentence of their own

citizenship alegal State city State authority _ political society

‘

Section2 THE STATE OF THE SOCIALIST REPUBLIC OF VIET NAM

Reading 3 *

gain consensus designated = dc chi dinh

‘TEXT3 THE STATE OF THE SOCIALIST REPUBLIC OF VIETNAM ˆ

d

was đi Guten ‘by the 13" National Assembly in

_ The current Constitution was adopte

12013, The 2013 Constitution is the fundamental legal document of highest : | : legal jurisdiction that institutionalizes basic viewpoints of the Communist Party

| of Viet Nam on economic and political reforms, socialist goals, socialist

| democracy and citizens’ freedom rights The Constitution clearly indicates that

the state power is in the hand of the people The State is of the people, by the people, and for the people The State ensures and constantly promotes the people’s right to mastery in all fields and implements the policy of equality, unity and mutual assistance among ethnic groups The people use the state power through the National Assembly and people’s councils These agencies are elected by the people, representing their will and aspiration :

The Constitution endows all citizens (men and women alike) with equal rights in \

all political, economic, cultural and social areas, as well as in family affairs, the right

iit

to freedom of belief and religion, the right to follow or not to follow any religion,

the right to freedom of movement and residence within Viet Nam, the right to go

abroad and return home as stipulated by laws, etc

The Socialist Republic of Viet Nam is a law-governed state The political system

was established upon the birth of the Democratic Republic of Viet Nam and

comprises the following:

The Communist Party of Viet Nam is the vanguard of the Vietnamese working class, the working people, and the whole nation; a loyal representative

of the interests of the working class, the working people, and the whole nation

People play a key role in the political system of Viet Nam They are considered the maker of history The people constitute the decisive force in the

process of social evolution and make up the current political system in Viet

Nam All powers belong to the people and their powers are exercised through

the State The State regulates the society by laws under the leadership of the

Communist Party of Viet Nam

The State of the Socialist Republic of Viet Nam is the central organization and

the pilldr of the political system that realizes the will and power of the people,

acts on behalf of the people and is accountable to the people for the management

of all activities of the social life and in domestic and external affairs

The National Assembly is the highest-level representative body of the people; the highest organ of state power of the Socialist Republic of Viet Nam;

the National Assembly exercises three main functions: to legislate, to decide on

important national issues, to exercise supreme supervision over all activities of

the State

The State President is the Head of State, elected by the National Assembly

from among its deputies to represent the Socialist Republic of Viet Nam in

domestic and foreign affairs

The Government 1s the highest body of State administration of the Socialist

Republic of Viet Nam The Government has the same term of office as the

National Assembly The Government administers the implementation of the Siate’s affairs in the fields of politics, economics, culture, society, national

defénse and security and foreign relations; ensures the efficiency of the State

apparatus from central to grassroots levels; assures that the Constitution and laws are respected and executed; and guarantees the sustainability and improvement of the people’s material and spiritual life

The Supreme People’s Court, local People’s-Courts, Military Tribunals and the other tribunals established by law are the judicial organs of the Socialist Republic of Viet Nam

The Supreme People’s Procuracy oversees the enforcement of the law by Ministries, Ministerial-level organs, other Government agencies, local administration, economic entities, mass organizations, people's military organs

and citizens It exercises the right to prosecution, ensures serious and uniform

implementation of the law Local People’s Procuracy and Military Procuracy oversee the execution of the law and exercise the right to prosecution as stipulated

by the law

Lastly, the Vietnamese Fatherland Front, Vietnamese Trade Union, Vietnamese Women’s Union, Ho Chi Minh Communist Youth Union, and Veterans Association and other professional organizations are currently major social- political organizations in Viet Nam

(Adapted from “Hién phdp Việt Nam 2013” and https://vietnamembassy-usa

org/vietnam/politics)

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1 The Socialist Republic of Viet Nam (np)

2 reform @)

3 | the state power

4 | law-governed state (np)

5 | Supreme People’s Court (np)

6 Supreme People’s Procuracy (np)

7 | Military Tribunal (np)

8 | Military Procuracy (np)

9 | political system (np) -

10 | Ministeriallevel organs (np)

11 | Vietnamese Women’s Union (np)

12 Vietnamese Trade Union (np)

13 | The Vietnamese Fatherland Front (np)

1 | Power „ 4 | Right affairs

49

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|

| 2 | economic b freedom rights