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An Analysis of the Practice Model of the Communist Party of Vietnam in Advancing National Governance

徐秦法 张睿:越南共产党推进国家治理的实践模式探析

· · Marxism Abroad · Xu Qinfa, Zhang Rui, School of Marxism, Guangxi University · Theoretical Horizon, 2023, no. 6 · 24 min read

Since its inception, the Communist Party of Vietnam (CPV) has emphasized the Party’s leadership over the state and society, and has continuously explored and perfected a model of national governance under CPV leadership. The “three powers division,” as the CPV’s practical model for advancing national governance, is also the organizational and operational model of state power in Vietnam. It is a product of the combination of the Marxist-Leninist view of state power with Vietnam’s concrete practice. The CPV’s “three powers division” differs from the separation of powers in Western capitalist countries: state powers are not separated and checked and balanced, but rather, under the leadership of the CPV, the unity of state power is ensured and it belongs to the people. The various state organs, when exercising legislative, executive, and judicial powers, engage in division of labor, coordination, and supervision. The national governance model of “three powers division” is compatible with the nature of Vietnam’s socialist state. It is of great significance for Vietnam in adhering to the direction of socialist development, realizing the people being the masters of the country, and building a clean and strong political system, thereby ensuring a national governance system with the CPV at its core.

越南共产党自诞生之初就强调党对国家和社会的领导权,并不断探索和完善越共领导下的国家治理模式。“三权分工”作为越共推进国家治理的实践模式,也是越南国家权力组织和运行模式,是马克思列宁主义国家权力观与越南具体实践相结合的产物。越共的“三权分工”不同于西方资本主义国家的三权分立,国家权力之间不是分立、制衡,而是在坚持越共的领导下,确保国家权力统一且属于人民,各国家机关在行使立法权、行政权、司法权时分工、配合、监督。“三权分工”的国家治理模式与越南社会主义国家性质相适应,对越南坚持社会主义发展方向,实现人民当家作主和建设廉洁强大的政治体系具有重要意义,确保了以越共为核心的国家治理体系。

I. The Logical Path of the Communist Party of Vietnam in Advancing the National Governance Model

一、越南共产党推进国家治理模式的逻辑理路

The “three powers division,” as the CPV’s practical model for advancing national governance, embodies the CPV’s inheritance and development of the Marxist-Leninist view of state power, condenses the practical experience of the CPV in leading the organization and operation of state power during Vietnam’s revolution, construction, and renovation periods, and is the result of the CPV’s creative application in response to the practical predicament of “peaceful evolution.” [1]1 “Peaceful evolution” (和平演变) refers to a strategy, attributed to Western powers, of subverting a socialist state from within through ideological, cultural, and economic means rather than military force.

“三权分工”作为越共推进国家治理的实践模式,体现了越共对马克思列宁主义国家权力观的继承和发展,凝聚了越共领导越南革命、建设和革新时期国家权力组织运行的实践经验,是越共为应对“和平演变”的现实困境进行创造性运用的结果。

(I) Theoretical Foundation: The Marxist-Leninist View of State Power

(一)理论基础:马克思列宁主义国家权力观

First, the people are the subject of state power. Starting from the historical materialist view that the masses of the people are the creators of history, Marx and Engels elucidated that the people are the subject of state power, and that all state power belongs to the people. Marx emphasized the decisive role of the people in state activities, pointing out that the people are the actual embodiment of the state system: “Just as it is not religion that creates man but man who creates religion, so it is not the state system that creates the people but the people who create the state system.” [2]2 Karl Marx, “Contribution to the Critique of Hegel’s Philosophy of Law,” in Marx-Engels Collected Works, vol. 3 (Moscow: Progress Publishers, 1975), p. 29. The Paris Commune made it a reality for the people to hold state power. In summarizing its experience, Marx and Engels pointed out that the Commune represented and safeguarded the interests of the masses of the people, with the people directly exercising power: “it was the people acting for themselves.” [3]3 Karl Marx, “The Civil War in France,” in Marx-Engels Collected Works, vol. 22 (Moscow: Progress Publishers, 1986), p. 332. They also noted that the Commune was “the reabsorption of the state power by the people as their own social force, instead of the organized force of their suppression,” [4]4 Ibid., p. 333. to establish a form of state power belonging to all the people. The CPV inherits and develops the Marxist-Leninist view that all state power belongs to the people, stating that all state power originates from and belongs to the people, which becomes the value orientation of the “three powers division” national governance model.

首先,人民是国家权力的主体。马克思、恩格斯从人民群众是历史的创造者这一唯物史观出发,阐明了人民是国家权力的主体,国家的一切权力属于人民。马克思强调人民在国家活动中的决定作用,指出人民是国家制度的实际体现者,“正如同不是宗教创造人而是人创造宗教一样,不是国家制度创造人民,而是人民创造国家制度。”巴黎公社使人民掌握国家权力成为了现实,马克思、恩格斯在总结其经验时指出,公社代表和维护人民群众的利益,由人民直接行使权力,“它是由人民自己当自己的家”,并指出公社“这是人民群众把国家政权重新收回,他们组成自己的力量去代替压迫他们的有组织的力量”,去建立一种为全体人民所有的国家权力形态。越共继承和发展马克思列宁主义国家权力属于人民的观点,指出国家一切权力属于人民、源于人民,这成为“三权分工”国家治理模式的价值旨归。

Second, the dialectical unity of the unity of state power and the division of functions. Marxism-Leninism holds that the separation of powers is merely a form of power division among different interest groups within the bourgeoisie, always serving the interests of the bourgeoisie. As Lenin pointed out: “This happens in all capitalist countries. The government is the steward of the capitalist class. The stewards receive high salaries, and these stewards themselves are shareholders.” [5]5 V. I. Lenin, “The State and Revolution,” in Lenin Collected Works, vol. 25 (Moscow: Progress Publishers, 1964), p. 416. Although Marx opposed the separation of powers, he endorsed the necessary division of state power. This division, based on maintaining the unity of state power, is a “vital and rational division” of it, not a fragmentation of power itself, but a division of functions. The developmental direction of the principle of “fusion of powers” [6]6 “Fusion of powers” (议行合一) is a principle of government where legislative and executive powers are combined in a single body, as opposed to the separation of powers. It is often associated with the Paris Commune and Soviet-style systems. is the concentration of power and the division of functions. The CPV inherits and develops the organizational form of the “fusion of powers” regime, stating that on the basis of the unity of state power and its belonging to the people, the various state organs in Vietnam divide labor and coordinate, which becomes the basic law of the “three powers division” national governance model.

其次,国家权力统一与职能分工的辩证统一。马克思列宁主义认为,三权分立只是资产阶级内部不同利益集团之间的分权形式,始终维护资产阶级的利益,正如列宁所指出的:“在一切资本主义国家里都有这样的事情发生。政府就是资本家阶级的管事人。管事人领取优厚的薪金,这些管事人本身就是股东。”马克思虽然反对三权分立,但赞同对国家权力作必要的分工,这种分工是在坚持国家权力统一的基础上,对其进行“有生命的和合乎理性的划分”,不是对权力本身的肢解,而是对职能的划分。“议行合一”原则的发展方向就是权力集中,职能分工。越共继承和发展“议行合一”的政权组织形式,指出越南在国家权力统一且属于人民的基础上,各国家机关分工、配合,这成为“三权分工”国家治理模式的基本规律。

Finally, preventing the alienation of state power. In examining state power, Marx and Engels pointed out that state power arises from the need to maintain public social interests and social order. However, with its own development, state power has a tendency toward alienation, gradually evolving into a force that deviates from safeguarding the masses of the people, stands above them, and becomes a tool for a minority to seek profit. Engels noted: “In the course of time, these organs—foremost among them the state power—pursuing their own special interests, have transformed themselves from servants of society into masters of society.” [7]7 Friedrich Engels, “Introduction to Karl Marx’s The Civil War in France,” in Marx-Engels Collected Works, vol. 27 (Moscow: Progress Publishers, 1990), p. 190. To prevent the alienation of state power, they advocated entrusting state power to “responsible servants of society” and ensuring that “the people could guard against their own representatives and officials by declaring them subject to recall at any time, without exception.” [8]8 Ibid., p. 191. On the basis of absorbing the Marxist-Leninist view on preventing the alienation of state power, the CPV proposed that state organs and their staff must wholeheartedly serve the people, accept the people’s supervision, and that state organs should also supervise each other. This has become the logical core of the “three powers division” national governance model.

最后,防范国家权力异化。马克思、恩格斯在考察国家权力时指出,国家权力在维护社会公共利益和社会秩序的需要中产生,但随着其自身发展,国家权力存在异化的倾向,逐渐演变成背离维护人民群众而凌驾于人民之上,成为少数人牟利的工具。恩格斯指出:“随着时间的推移,这些机关—为首的是国家政权—为了追求自己的特殊利益,从社会的公仆变成了社会的主人。”为了防范国家权力异化,主张将国家权力“交给社会的负责的公仆”,并“还应当保证本身能够防范自己的代表和官吏,即宣布他们毫无例外地可以随时撤换”。越共在吸收马克思列宁主义防范国家权力异化观点基础之上,提出国家机关及其工作人员必须全心全意为人民服务、接受人民的监督,各国家机关之间也应相互监督,这成为了“三权分工”国家治理模式的逻辑内核。

(II) Historical Path: Summary of Experience in Leading the Organization and Operation of State Power

(二)历史进路:领导国家权力组织运行的经验总结

First, the germination period of the “three powers division” national governance model. In 1945, Vietnam established the Democratic Republic of Vietnam. Under the direct leadership of Ho Chi Minh, Vietnam’s first constitution was adopted in 1946, which stipulated the organization and operation of state power. First, all state power belongs to the entire Vietnamese people, regardless of race, gender, wealth, class, or religion. The Vietnamese people, while retaining the right to vote on matters concerning the fate of the nation and the power to seek public opinion on constitutional amendments revised by the National Assembly, delegated state power to the National Assembly. Second, state power was divided: the National Assembly was the highest state authority; the Government was the highest state administrative organ; the courts were the state judicial organs. Third, a mechanism for inspection and supervision among state organs was established. For example, the Standing Committee of the National Assembly had the power to supervise and criticize the Government; the President, as head of state and also head of government, bore no responsibility except for treason, but the National Assembly could establish a special court to prosecute the President, Vice President, or cabinet officials for treason. Thus, although the Democratic Republic of Vietnam had been established for a very short time, the organizational model of state power had been preliminarily established, laying a solid foundation for consolidating the new regime and resisting French colonial aggression.

首先,“三权分工”国家治理模式的萌芽时期。1945年越南建立了民主共和国,在胡志明的直接领导下,越南首部宪法于1946年通过,该宪法规定了国家权力的组织运行。其一,国家的一切权力归全体越南人民所有,不分种族、性别、贫富、阶级或宗教。越南人民在保留对事关国家命运事项的表决权和宪法修正案经国会修改后须征求民意的权力外,将国家权力授权给国会。其二,对国家权力进行分工,国会是最高国家权力机关;政府是最高国家行政机关;法院是国家司法机关。其三,建立国家机关之间的检查和监督机制。如:国会常务委员会有权监督和批评政府;国家主席作为国家元首,又是政府首脑,除叛国罪外,不承担任何责任,但国会可以设立特别法庭以叛国罪起诉国家主席、副主席或内阁官员。由此可见,虽然越南民主共和国建立的时间很短,但国家权力组织模式已初步建立,为巩固新生政权和抗击法国殖民侵略奠定了坚实的基础。

Second, the period of tortuous development of the “three powers division” national governance model. In 1954, North Vietnam was liberated, and Vietnam began 21 years of division between North and South. To adapt to the new situation and new tasks, Vietnam promulgated the 1959 and 1980 constitutions. Both constitutions were born during the period of Cold War confrontation between the US and the Soviet Union. The socialist countries led by the Soviet Union implemented highly centralized political systems. The CPV, “taking the Soviet Union as its teacher,” [9]9 “Taking the Soviet Union as its teacher” (以苏为师) refers to the early period of the Democratic Republic of Vietnam when it closely modeled its political and economic institutions on those of the Soviet Union. drew on Soviet experience and practices. Therefore, although the 1959 and 1980 constitutions both mentioned implementing the principle of democratic centralism and a certain division of state power, in practice, state power was organized according to the principle of high centralization. Under this principle, all state power belongs to the people, who exercise power through the National Assembly and People’s Councils at all levels, with state power concentrated in the National Assembly and People’s Councils at all levels. This highly centralized political system was of great significance for building socialism in North Vietnam and striving for national reunification, but it also exposed some drawbacks. For example, the people, as the subjects of state power, were unable to express opinions on major national issues or supervise state power; there was a potential risk of abuse of power and corruption.

其次,“三权分工”国家治理模式的曲折发展时期。1954年越南北方获得解放,越南开始南北分治的21年。为了适应新形势新任务,越南颁布了1959和1980年宪法。两部宪法都诞生于以美苏为首的冷战对抗格局时期。以苏联为首的社会主义国家实行高度集中的政治体制,越共“以苏为师”借鉴苏联的经验做法,因此1959和1980年宪法虽然都提及实行民主集中制原则,国家权力有一定的分工,但实际是按照高度集权的原则组织国家权力。在此原则下,一切国家权力属于人民,人民通过国会和各级人民议会行使权力,国家权力集中在国会和各级人民议会。这种高度集权的政治体制,对越南北方建设社会主义和争取国家统一具有重大意义,但也暴露出一些弊端。例如:作为国家权力主体的人民,无法对国家重大问题提出意见,无法对国家权力进行监督;国家权力存在滥用和腐败的潜在风险。

Finally, the period of formal formation of the "three-power division" national governance model. The 2001 constitutional amendment stated that all state power belongs to the people, based on the alliance of workers, peasants, and intellectuals. State power is unified, and state organs, when exercising legislative, executive, and judicial powers, divide and coordinate; for the first time, the principle of division and coordination of legislative, executive, and judicial powers was written into the Vietnamese Constitution. The "Platform for National Construction in the Period of Socialist Transition in Vietnam" (revised in 2011) added for the first time a mechanism for supervising state power, further perfecting the organization and operation of Vietnamese state power. The 2013 Constitution, on the basis of building and perfecting the socialist rule-of-law state in Vietnam, formed and perfected the "three-power division" national governance model, namely: "The Socialist Republic of Vietnam is a state where the people are the masters; all state power belongs to the people, based on the alliance of workers, peasants, and intellectuals. State power is unified, and state organs, when exercising legislative, executive, and judicial powers, divide, coordinate, and supervise."

最后,“三权分工”国家治理模式正式形成时期。2001年宪法修正案指出,国家一切权力属于以工农知识份子联盟为基础的人民。国家权力统一,各国家机关在行使立法权、行政权、司法权时分工、配合,首次将立法、行政和司法权的分工、配合原则写入越南宪法。《越南社会主义过渡时期国家建设纲领》(2011年修订版)首次增加了国家权力监督机制,进一步完善了越南国家权力组织和运行。2013年宪法在建设和完善越南社会主义法权国家的基础上,形成和完善了“三权分工”国家治理模式,即:“越南社会主义共和国由人民当家作主;国家一切权力属于以工农知识份子联盟为基础的人民。国家权力统一,各国家机关在行使立法权、行政权、司法权时分工、配合、监督。”

(3) Realistic Generation: Realistic Considerations in Responding to "Peaceful Evolution"

(三)现实生成:应对“和平演变”的现实思考

Since the mid-term conference of the 7th CPV Central Committee identified "peaceful evolution" as one of the "four major crises," [10]10 The "four major crises" identified by the CPV are: the danger of lagging behind economically, the danger of "peaceful evolution," the danger of deviation from the socialist direction, and the danger of corruption and bureaucracy. all subsequent CPV congresses and Central Committee resolutions have emphasized resolutely opposing all activities of "peaceful evolution," regarding "peaceful evolution" as the main means by which hostile forces attack the socialist regime in Vietnam. With the implementation of Vietnam's comprehensive and diversified foreign policy, Vietnam's international influence has been significantly enhanced, but it also faces strong impacts in the political and ideological spheres, and the situation of "peaceful evolution" has become increasingly intense.

自越共七届中期会议将“和平演变”确定为“四大危机”以来,越共历次代表大会和中央决议都强调,要坚决反对一切“和平演变”的活动,认为“和平演变”是敌对势力对越南社会主义政权发动进攻的主要手段。随着越南全方位、多样化外交战略的实施,越南国际影响力得到显著提升,但也面临着政治和思想领域的强烈冲击,“和平演变”的局势愈演愈烈。

In recent years, Vietnam's political renovation has taken large strides, and significant progress has been made in political democratization. Following this, various mixed and confused propositions have emerged, leading to the appearance of different social trends of thought in Vietnam. For example: opposing and negating Marxism-Leninism, Ho Chi Minh Thought, and the leadership of the CPV, demanding the implementation of pluralism and a multi-party system; opposing and negating socialist democracy and the socialist rule-of-law state, demanding the implementation of the separation of powers, attempting to subvert the socialist system in Vietnam. The separation of powers is the political system of Western capitalist countries represented by the United States. Some extremist elements in Vietnam believe that the separation of powers is a manifestation of modern political civilization, a panacea for preventing the alienation of power, curbing corruption and embezzlement, and addressing the inefficiency of state organs, [11]11 The original text uses a Chinese-style footnote marker "7" here, which has been omitted in translation as per the instruction to keep citations and quotations as such; the note number is retained for consistency. denying that state power belongs to the people, denying that the people exercise state power through state organs under the leadership of the CPV, proposing that Vietnam should also implement a political system of separation of powers, attempting to undermine the people's confidence in the socialist system of Vietnam.

近年来,越南的政治革新步伐迈的很大,政治民主化取得重大进展。随之而来的是各种鱼龙混杂的主张,导致越南出现了各种不同的社会思潮。例如:反对和否定马克思列宁主义、胡志明思想和越共的领导,要求实行多元化、多党制;反对和否定社会主义民主、社会主义法权国家,要求实行三权分立,企图颠覆越南社会主义制度。三权分立是以美国为代表的西方资本主义国家政治体制。越南部分极端份子认为三权分立是现代政治文明的体现,是防止权力异化、防范贪污腐败行为以及国家机关工作效率低下等状况的万能良药7,否定国家权力属于人民,否认人民通过越共领导下的国家机关行使国家权力,提出越南也应实行三权分立的政治体制,试图瓦解人民对越南社会主义制度的信心。

The Vietnamese Party and state emphasize that implementing Western-style democracy such as a multi-party system and the separation of powers is an erroneous, extremist, and politically opportunistic argument, and that the principle of checks and balances under the separation of powers will seriously damage Vietnam's model of state power organization and the principle of democratic centralism, and is not in line with Vietnam's national conditions. Nguyen Phu Trong has repeatedly emphasized that Vietnam does not implement the separation of powers, pointing out that the National Assembly is the highest state authority, and other state organs are created by the National Assembly, report to the National Assembly, and are supervised by the National Assembly. In 2016, the Resolution of the 4th Plenary Session of the 12th CPV Central Committee pointed out that opposing and negating socialist democracy and the socialist rule-of-law state, demanding the implementation of "separation of powers" and "civil society" are manifestations of "self-evolution" and "self-transformation." [12]12 "Self-evolution" (tự diễn biến) and "self-transformation" (tự chuyển hóa) are CPV terms referring to internal ideological and political deviations that could lead to abandoning the Party's principles. The "Regulations on Disciplinary Measures for Violations of Party Discipline" promulgated in 2017 stipulates that CPV members who demand the implementation of systems such as "separation of powers," "civil society," and "multi-party pluralism" will be expelled from the Party. The political system of the separation of powers in Western capitalist countries is closely linked to a whole set of systems such as the bourgeois multi-party system. If the system of separation of powers is copied, it means implementing "wholesale Westernization" in the political system, which undoubtedly negates the socialist system of Vietnam and the leadership of the CPV, violating the fundamental principles of the Vietnamese Constitution and the common will of the Vietnamese people. To counter the proposition of hostile elements to implement the separation of powers in Vietnam, the CPV has inherited and developed Marxism-Leninism and Ho Chi Minh Thought, based on Vietnam's specific realities, and proposed a "three-power division" national governance model with Vietnamese characteristics.

越南党和国家强调,实行多党制和三权分立等西式民主是错误的、极端的、政治投机主义的论调,三权分立的权力制衡原则将严重损害越南的国家权力组织模式和民主集中制原则,不符合越南国情。阮富仲多次强调越南不实行三权分立,指出国会是最高国家权力机关,其它国家机关由国会产生、向国会报告、受国会监督。2016年,越共中央第十二届四中全会决议指出,反对和否定社会主义民主和社会主义法权国家,要求实行“三权分立”“公民社会”是“自我演变”“自我转化”的表现。2017年颁布的《党内违纪行为纪律处分条例》规定越共党员要求实行“三权分立”“公民社会”“多元多党”等制度将被开除党籍。西方资本主义国家三权分立的政治制度同资产阶级多党制等一整套制度紧密联系,如果照搬三权分立制度,就是在政治制度上实行“全盘西化”,这无疑是否定越南社会主义制度和越共领导,违背了越南宪法的根本原则和越南人民的共同意愿。为应对敌对份子提出在越南实行三权分立的主张,越共继承和发展马克思列宁主义和胡志明思想,立足越南具体实际,提出了具有越南特色的“三权分工”国家治理模式。

II. Basic Principles of the Communist Party of Vietnam in Promoting the National Governance Model

二、越南共产党推进国家治理模式的基本原则

In the process of promoting national governance, the Communist Party of Vietnam organically unifies the leadership of the Party, the management of the state, and the mastery of the people, adheres to the CPV's "overall leadership" over state power, follows the basic principle that state power is unified in the people, and operates according to the mechanism where state organs, when exercising legislative, executive, and judicial powers, divide, coordinate, and supervise.

越南共产党在推进国家治理进程中,将党的领导、国家管理、人民当家作主有机统一,坚持越共对国家权力“总的领导”,遵循国家权力统一于人民的基本原则,按照各国家机关在行使立法权、行政权、司法权时分工、配合、监督的机制运作。

(1) Fundamental Guarantee: Adhering to the "Overall Leadership" of the Communist Party of Vietnam

(一)根本保障:坚持越南共产党“总的领导”

Under the leadership of the CPV, the Vietnamese people have achieved national liberation and national reunification, and the cause of renovation and opening up has achieved great successes. Practice has proven that the leadership of the CPV is the decisive factor for all victories of the Vietnamese revolution. As the sole ruling party in Vietnam, the CPV is the leading force of the state and society, holding comprehensive leadership over state power. Adhering to the CPV's "overall leadership" over state power is the fundamental guarantee for ensuring that the CPV always maintains leadership over national governance, always moves towards the direction of socialist development, and implements the "three-power division" national governance model.

在越共的领导下,越南人民争取了民族解放、国家统一,革新开放事业取得巨大成就。实践证明,越共的领导是越南革命取得一切胜利的决定性因素。越共作为越南唯一的执政党,是国家和社会的领导力量,对国家权力拥有全面的领导权。坚持越共对国家权力“总的领导”,是确保越共始终保持对国家治理的领导权,始终朝着社会主义发展方向和实行“三权分工”国家治理模式的根本保障。

As a socialist country led by a communist party, Vietnam's state power cannot be led by forces outside the CPV. The CPV is a political party organization, not a state power organization; it cannot directly exercise state power, but rather provides "overall leadership" to state power organs. Lenin emphasized, "The task of the Party is to provide overall leadership over the work of all state organs," rather than trivial and frequent intervention in specific affairs. Party leadership means leading and supporting the people to master state power according to correct theories, lines, principles, and policies; it is core leadership over state power and social affairs, not leadership over trivial details and every aspect; "the state is precisely this kind of management institution that has separated itself from human society," [13]13 This is a paraphrase of Lenin's view on the state as a specialized管理机构 (management institution) separated from society, found in works like "The State and Revolution." specializing in management work. State organs exercise state power according to the Party's line and principles, organizing state and social management. The CPV achieves political leadership over state power by formulating correct lines, principles, and policies, and turning them into the will of the state through legal procedures, with state organs working in accordance with the Constitution and laws; it achieves organizational leadership over state power by selecting and recommending outstanding Party members to hold positions in state organs, giving play to the vanguard and exemplary role of Party members; it achieves ideological leadership over state power by strictly controlling ideological tendencies, using Marxism-Leninism and Ho Chi Minh Thought to educate and train state organ personnel, forging a cadre team loyal to the Party, the state, and the people, with both moral integrity and professional competence.

越南作为共产党领导的社会主义国家,其国家权力不能由越共以外的力量领导。越共是政党组织不是国家政权组织,不能直接行使国家权力,而是对国家权力机关进行“总的领导”。列宁强调,“党的任务是对所有国家机关的工作进行总的领导”,而不是对具体事务进行琐碎、频繁的干预。党的领导是按照正确的理论、路线、方针、政策领导和支持人民掌握国家权力,是对国家政权和社会事务的核心领导,而不是细枝末节、面面俱到的领导;“国家正是这种从人类社会中分化出来的管理机构”,专门从事管理工作,国家机关按照党的方针路线行使国家权力,组织国家和社会管理。越共通过制定正确的路线、方针、政策,并通过法定程序使之变成国家意志,国家机关按照宪法和法律开展工作,实现党对国家权力的政治领导;通过选拔和推荐优秀党员到国家机关任职,发挥党员的先锋模范作用,实现党对国家权力的组织领导;通过严格把握意识形态倾向,用马克思列宁主义、胡志明思想教育和培养国家机关公职人员,锻造忠于党、国家和人民德才兼备的干部队伍,实现党对国家权力的思想领导。

Western capitalist countries generally adopt a two-party system or multi-party system to achieve the division of power among different interest groups within the bourgeoisie, maintaining capitalist relations of production and the interests of bourgeois dictatorship. The "three-power division" national governance model, under the unified leadership of the CPV, is committed to establishing "a political system where power truly belongs to the people, comes from the people, and serves the interests of the people," [14]14 This is a paraphrase of CPV and Ho Chi Minh's concept of a people's democratic state. realizing "a society truly for human development, not for exploiting and trampling on human dignity for profit; a society where economic development goes hand in hand with social fairness and justice, not a society that increases the gap between rich and poor and social inequality; a society full of benevolence, solidarity, mutual assistance, moving towards progress and humanistic values, not an unfair and law-of-the-jungle society that only serves the selfish interests of a few people and factions." [15]15 This is a paraphrase of CPV's vision for a socialist society, emphasizing human development, social justice, and solidarity.

西方资本主义国家一般采取两党制或多党制来实现资产阶级内部不同利益集团之间的分权,维护资本主义的生产关系和资产阶级专政的利益。“三权分工”国家治理模式在坚持越共统一领导下,致力于建立“一个权力真正属于人民、来自人民、为了人民利益服务的政治制度”,实现“真正为了人的发展,而不是为了谋取利益而剥削和践踏人的尊严的社会;经济发展与社会公平正义齐头并进,而不是增加贫富差距和社会不平等的社会;充满仁爱、团结、互助、朝着进步及人文价值方向前进,而不是仅服务于少数人和派系私利的不公平和弱肉强食的社会”。

(2) Value Orientation: State Power is Unified and Belongs to the People

(二)价值旨归:国家权力统一且属于人民

Nguyen Phu Trong pointed out: "Building socialist democracy, ensuring that power truly belongs to the people, is an important and long-term task of the Vietnamese revolution." The CPV has always adhered to a people-oriented approach in the process of leading the revolution, construction, and renovation, continuously expanding democracy to ensure that state power is unified and belongs to the people, ensuring that the people are the most supreme subject of state power, and the only subject. The "three-power division" national governance model is a reasonable division of labor, close coordination, and power supervision based on the unity of state power and its belonging to the people, fully reflecting Vietnam's people-oriented thought.

阮富仲指出:“建设社会主义民主,确保权力真正属于人民,是越南革命重要而长久的任务。”越共在领导革命、建设和革新进程中始终坚持以民为本,不断扩大民主以确保国家权力统一且属于人民,确保人民是国家权力最崇高的主体,也是唯一的主体。“三权分工”国家治理模式是在国家权力统一且属于人民的基础上进行的合理分工、紧密配合和权力监督,充分体现了越南的民本思想。

Ho Chi Minh always emphasized that the people are the subjects of state power, and it must be ensured that power belongs to the people: “Our country is a democratic country; all interests are for the people. The work of reform and construction is the responsibility of the people. From the commune to the central government, everything is elected by the people. From the central to the commune level, organizations are formed by the people. In short, power and strength lie in the hands of the people.” From 1946 to 2013, successive constitutions affirmed that the true subject and highest subject of Vietnam’s state power is the people. The unity of Vietnam’s state power first indicates that the source of state power is unified: whether legislative, executive, or judicial power, all originate uniformly from the people and are exercised as powers conferred and authorized by the people. Second, the unity of state power indicates the unity of the political objectives that state power must achieve. Although legislative, executive, and judicial powers have different functions and powers, the political objective of “ensuring and continuously promoting the people’s right to be masters… achieving a prosperous people, a strong country, democracy, fairness, and civilization” is unified.

胡志明一直强调,人民是国家权力的主体,必须确保权力属于人民,“我们的国家是民主国家,多少利益都是为了人民,改革和建设工作是人民的责任,从公社到中央政府都由人民选举产生,从中央到公社的团体都由人民组织,总之,权力和力量都在人民手中”。从1946年到2013年,历次宪法都肯定了越南国家权力的真正主体和最高主体是人民。越南国家权力统一,首先表明国家权力来源统一,无论是立法权、行政权、司法权都是统一来源于人民,都是行使人民赋予和授权的权力。其次,国家权力统一表明国家权力需要实现的政治目标的统一,虽然立法权、行政权和司法权具有不同的职能和权力,但“确保和不断促进人民当家作主的权利……实现民富、国强、民主、公平、文明”的政治目标是统一的。

In the process of building socialist democracy and a socialist rule-of-law state, Vietnam has promulgated many guidelines, policies, and legal documents to promote socialist democracy and effectively ensure that the people exercise state power. According to the 2013 Constitution, to ensure that state power belongs to the people, the people exercise state power through direct democracy and through representative democracy via the National Assembly, People’s Councils at all levels, and other state organs. Direct democracy and representative democracy are the most basic and most important forms for the Vietnamese people to exercise state power. Direct democracy means that the people, as the subjects of state power, exercise state power themselves. The 2013 Constitution stipulates that Vietnamese citizens exercise direct democracy in forms including: citizens aged eighteen and above have the right to vote in state-organized public opinion polls; the Constitution Drafting Committee must solicit public opinion when drafting the constitution; voters can recall National Assembly or People’s Council deputies at all levels who have lost the people’s trust; citizens have the right to participate in and make recommendations on state and social management. Representative democracy means that the people authorize their state power to state organs or individuals. Vietnam’s representative democracy is reflected in the people electing deputies to the National Assembly and People’s Councils at all levels, who then perform state and social management functions on behalf of the voters, are responsible to the people, and are subject to the people’s supervision.

越南在建设社会主义民主和社会主义法权国家进程中,颁布了许多方针、政策和法律文件以促进社会主义民主,切实保障人民行使国家权力。根据2013年宪法规定,为确保国家权力属于人民,人民通过直接民主,通过国会、各级人民议会和其它国家机关代议制民主的方式行使国家权力。直接民主和代议制民主是越南人民行使国家权力最基本,也是最重要的形式。直接民主,指人民作为国家权力的主体,由自己行使国家权力。2013年宪法规定,越南公民行使直接民主的形式,包括:年满十八岁的公民在国家组织民意测评时有表决权;宪法起草委员会起草宪法时需征集民意;选民可罢免丧失人民信任的国会或各级人民议会代表;公民有权参与国家和社会管理并提出建议。代议制民主,指人民将自己的国家权力授权给国家机关或个人。越南代议制民主体现在通过人民选举出国会和各级人民议会代表,由国会和各级人民议会代表选民履行国家和社会管理职能,对人民负责,受人民监督。

(III) Practical Form: Division of Labor, Coordination, and Supervision Among State Organs

(三)实践形式:各国家机关分工、配合、监督

The 13th National Congress of the CPV [16]16 The 13th National Congress of the Communist Party of Vietnam (CPV) was held in January 2021, setting the country’s socio-economic development direction for the next five years and electing the Party’s top leadership. pointed out: “The mechanism for the division of power, coordination, and supervision among state organs when exercising legislative, executive, and judicial powers has become increasingly clear and has achieved positive progress.” It affirmed the effectiveness of the “three-power division” model of national governance. The division of labor, coordination, and supervision of state power is the practical form through which the CPV advances national governance. It aims, under the leadership of the CPV, to horizontally allocate state power, improve the efficiency of state management, and prevent the alienation of state power to the greatest extent.

越共十三大指出:“各国家机关在行使立法权、行政权、司法权时权力分工、配合、监督机制越来越明晰,取得了积极进展。”肯定了“三权分工”国家治理模式的成效。国家权力的分工、配合和监督是越共推进国家治理的实践形式,旨在通过越共的领导,对国家权力进行横向配置,提高国家管理效率,最大限度防止国家权力异化。

When exercising legislative, executive, and judicial powers, state organs rationally divide labor to clarify the responsibilities and tasks of each organ, thereby performing state management functions more effectively. The division of state power is based on upholding the CPV’s leadership over state power, rationally delineating the functions of state organs. The purpose of the division is not to cause state organs to be separate from each other, but to ensure that each organ independently fulfills its duties, exercises state power on behalf of the people, and fully realizes its responsibility in exercising statutory powers. The 2013 Constitution divides state power into three types: legislative, executive, and judicial. The National Assembly, as the highest representative organ of the state, exercises legislative power, representing and ensuring that the common will of the people is reflected in the law. The Government, as the highest administrative organ of the state, exercises executive power and is the organizer of state policy implementation and management. The People’s Courts, as judicial organs, exercise judicial power, protecting the common will of the state by adjudicating violations of the constitution and laws.

各国家机关在行使立法权、行政权、司法权时合理分工,以明确各国家机关的职责和任务,从而更加有效的履行国家管理职能。国家权力分工是在坚持越共对国家权力领导权的基础上,对国家机关的职能进行合理划分,分工的目的不是为了造成各国家机关相互分立,而是为了确保各国家机关独立履行职责,代表人民行使国家权力,充分发挥各国家机关在行使法定权力的责任。2013年宪法将国家权力划分为立法、行政、司法三大类型。国会作为最高国家代表机关,行使立法权,代表和确保人民的共同意志在法律中得以体现;政府作为最高国家行政机关,行使执法权,是国家政策实施和管理的组织者;人民法院作为审判机关,行使司法权,通过审判违反宪法和法律的行为,保护国家的共同意志。

When exercising legislative, executive, and judicial powers, state organs coordinate with each other to ensure mutual collaboration among state organs. Each state organ operates within its own scope of authority, performing its own duties while forming a unified whole that operates with mutual coordination and collaboration. To ensure the unity of state power, state organs enhance coordination and cooperation when exercising power, forming a strong synergy for governing the country, and avoiding a state of isolation, division, and opposition. Mutual coordination among state organs will further promote more complete and effective fulfillment of their respective duties by state power organs. For example, in the legislative field, laws are passed by the National Assembly, but legal documents are usually drafted by the Government, opinions from the people are collected in advance by the National Assembly Standing Committee and submitted to the National Assembly for approval, and finally the State President promulgates the law. The State President often closely coordinates with the National Assembly and the National Council; when deciding major national issues, important decisions of the National Assembly or the National Assembly Standing Committee are announced by the State President.

各国家机关在行使立法权、行政权、司法权时相互配合,以确保国家机关之间的相互协作。各国家机关在各自的职权范围内开展工作,既各司其职,又形成相互配合、相互协作运行的统一体。为保证国家权力的统一性,国家机关在行使权力时增进协调和配合,形成治国理政的强大合力,避免造成孤立、分裂和对立的状态。各国家机关之间相互配合将进一步促进国家权力机关更加充分有效的履行各自的职责。如:在立法领域,法律由国会通过,但通常由政府起草法律文件,由国会常务委员会提前收集人民的意见并提交到国会批准,最后由国家主席颁布法律;国家主席经常与国会和国务委员会密切配合,在决定国家重大问题时,国会或国会常务委员会的重要决定由国家主席公布。

When exercising legislative, executive, and judicial powers, state organs exercise supervision to ensure that state organs or individuals authorized by the people correctly exercise state power and serve the state and the people more effectively. From the moment state power is born, it always tends to move in the direction of self-negation, a phenomenon called “the alienation of state power.” The alienation of power manifests in various forms, such as abuse of power, bureaucracy, corruption, etc. To overcome the alienation of power, effective supervision of state organs is necessary. The 13th National Congress of the CPV emphasized the need to “more clearly define the role, position, functions, tasks, and authority of state organs in exercising legislative, executive, and judicial powers on a legal basis, ensuring the unity of state power, clear division of labor, close coordination, and strengthening supervision over state power.” Supervising state organs is an important way to prevent the alienation of state power. The National Assembly exercises the highest supervisory power over the activities of the state. National Assembly deputies have the right to question state organs and public officials elected or approved by the National Assembly, and to conduct confidence assessments and confidence votes. The Government has the power to manage and supervise all activities of state organs in the field of state administration, preventing and punishing corruption among state organs. The People’s Courts have the power to adjudicate any lawbreaker, including National Assembly deputies and government members, based on the principle of independent adjudication and adherence only to the law.

各国家机关在行使立法权、行政权、司法权时进行监督,以确保经人民授权的国家机关或个人正确行使国家权力,更加有效的为国家和人民服务。国家权力自诞生之日起,就总是朝着自我否定的方向运动,这种现象称为“国家权力的异化”。权力的异化表现为多种不同的形式,如滥用权力、官僚主义、贪污腐败等,为克服权力的异化须对国家机关进行有效监督。越共十三大强调,要“更加明确国家机关在法权的基础上行使立法权、行政权和司法权的作用、地位、职能、任务和权限,确保国家权力统一,分工明确、密切配合和加强对国家权力的监督”。对国家机关进行监督是防范国家权力异化的重要方式。国会对国家的活动行使最高监督权;国会代表有权向由国会选举或批准产生的国家机关和公职人员提出质询、进行信任测评和信任投票等。政府有权在国家行政管理方面对国家机关的一切活动进行管理和监督,预防和惩治国家机关的贪污腐败现象。人民法院有权根据独立审判和只遵守法律的原则,对包括国会代表和政府成员在内的任何违法者进行审判。

III. The Practical Value of the Communist Party of Vietnam’s Model for Advancing National Governance

三、越南共产党推进国家治理模式的现实价值

The “three-power division” model of national governance under the leadership of the CPV is a product of Vietnam’s construction of a socialist rule-of-law state and socialist democratic politics. It plays an important role in strengthening Vietnam’s socialist development direction, realizing the people’s role as masters of the country, and building a clean and strong political system.

越共领导下的“三权分工”国家治理模式是越南建设社会主义法权国家、社会主义民主政治的产物,对坚定越南社会主义发展方向,实现人民当家作主,建设廉洁强大的政治体系具有重要作用。

(I) An Important Measure to Strengthen Vietnam’s Socialist Development Direction

(一)坚定越南社会主义发展方向的重要举措

Nguyen Phu Trong [17]17 Nguyen Phu Trong (born 1944) served as General Secretary of the Communist Party of Vietnam from 2011 until his death in 2024, and was a key figure in promoting anti-corruption campaigns and ideological orthodoxy. pointed out: “From its inception and throughout the entire revolutionary struggle, the Communist Party of Vietnam has always adhered to socialism as the goal and ideal of the CPV and the Vietnamese people. Moving towards socialism is the objective requirement and inevitable path of the Vietnamese revolution.” This reaffirms that Vietnam will continue to uphold the leadership of the Communist Party and unswervingly move towards socialism. The “three-power division” model of national governance under the leadership of the CPV is an important measure for the Party and state of Vietnam to strengthen the direction of socialist development.

阮富仲指出:“越南共产党自诞生之初和整个革命斗争过程中始终坚持社会主义是越南共产党和越南人民的目标和理想,走向社会主义是越南革命的客观要求和必然路径。”再次重申了越南将继续坚持共产党的领导,坚定不移的走向社会主义。越共领导下的“三权分工”国家治理模式,是越南党和国家坚定社会主义发展方向的重要举措。

As Vietnam’s reform and opening up [18]18 “Reform and opening up” (革新开放, Đổi Mới) refers to Vietnam’s economic and political reforms initiated in 1986, analogous to China’s reform and opening up. and integration into the world deepen, the influence of the Western democratic political model on Vietnam has shifted from the economic sphere to the political sphere. Some radical elements in Vietnam have called for abandoning the socialist path and breaking free from the leadership of the Communist Party of Vietnam (CPV), attempting to borrow Western democratic political forms such as multipartyism and the separation of powers to shake Vietnam’s socialist orientation and the Party’s leadership. Against this backdrop, the Vietnamese Party and state, taking Marxism-Leninism and Ho Chi Minh Thought as their theoretical guidance and action guide, grasp the objective realities of Vietnam’s national construction, summarize historical experience, and draw on and absorb the essence of political civilization from countries around the world. They have proposed a national governance model of “division of powers among three branches” [19]19 “Division of powers among three branches” (三权分工) is a Vietnamese model distinct from the Western “separation of powers”; it emphasizes a division of labor, cooperation, and supervision among legislative, executive, and judicial organs under the unified leadership of the CPV. suited to Vietnam’s national conditions, once again emphasizing that only by adhering to the CPV’s leadership over state power and upholding Vietnam’s socialist orientation can state power truly be guaranteed to belong to the people. The “division of powers among three branches” national governance model is linked to the political party system of Vietnam’s socialist state. It is a practical model of national governance under the leadership of the CPV, reflecting the nature of Vietnam as a socialist law-based state that is of the people, by the people, and for the people. This model emphasizes that when exercising legislative, executive, and judicial powers, the various state organs should divide labor, cooperate, and supervise one another. This helps promote the efficient operation of state power, prevent the alienation of state power, and maintain the organization and operation of state power organs under CPV leadership, thereby laying a political foundation for upholding the CPV’s leadership and firmly advancing the socialist development direction.

随着越南革新开放和融入世界的程度加深,西方民主政治模式对越南的影响从经济领域走向了政治领域,越南部分激进分子提出要放弃社会主义道路、摆脱越共的领导,企图借鉴西方的多党制和三权分立等民主政治形式动摇越南社会主义方向和共产党的领导。在此背景下,越南党和国家以马克思列宁主义和胡志明思想为理论指导和行动指南,把握越南国家建设的客观实际,总结历史经验,汲取和借鉴世界各国政治文明的精华,提出了符合越南国情的“三权分工”国家治理模式,再次强调了只有坚持越共对国家权力的领导,坚持越南社会主义方向才能真正保证国家权力属于人民。“三权分工”国家治理模式与越南社会主义国家政党制度相联系,是在坚持越共领导之下的国家治理实践模式,体现了越南是属于人民、来自人民、为了人民的社会主义法权国家的国家性质。“三权分工”国家治理模式强调各国家机关在行使立法权、行政权、司法权时分工、配合、监督,有利于促进国家权力高效运行,防范国家权力异化,维护越共领导下的国家权力机关的组织和运行,为坚持越共的领导,坚定社会主义发展方向奠定了政治基础。

(II) An Effective Path to Realizing the People as Masters of the Country

(二)实现人民当家作主的有效途径

Nguyen Phu Trong [20]20 Nguyen Phu Trong (阮富仲, born 1944) is the General Secretary of the Central Committee of the Communist Party of Vietnam, serving since 2011. pointed out: “The essential difference between a socialist law-based state and a capitalist law-based state is that the rule of law in capitalism is essentially a tool to protect and serve the interests of the bourgeoisie, whereas the rule of law in the socialist system represents and exercises the people’s right to be masters of the country, a tool to safeguard and uphold the interests of the majority of the people.” Compared with the falsity and deceptiveness embodied in the Western capitalist separation of powers, the “division of powers among three branches” possesses a popular character and authenticity. It consistently insists that all power belongs to the people, fundamentally upholds the fundamental interests of the people, and helps the people exercise their right to be masters of the country.

阮富仲指出:“社会主义法权国家与资本主义法权国家本质上的不同是:资本主义的法权实质上是保护和服务资产阶级利益的工具,而社会主义制度的法权则代表和行使人民当家作主的权利,保障和维护大多数人民利益的工具。”相较于西方资本主义国家三权分立所体现出的虚假性和欺骗性,“三权分工”则具有人民性和真实性,始终坚持一切权力属于人民,从根本上维护人民的根本利益,有助于人民行使当家作主的权利。

The CPV has always regarded the people as the center and subject of Vietnam’s revolution, reform, and construction endeavors. All the Party’s and state’s guidelines and policies must truly proceed from the people’s legitimate and just demands, aspirations, and rights and interests. “All the Party’s lines, all the state’s policies, laws, and activities are for the well-being of the people, with the people’s happiness as the goal of struggle.” This means that the people are the beneficiaries of the Party’s guidelines, policies, and the state’s laws and regulations; all policies and regulations of the Party and state must serve the people. According to Vietnam’s Constitution, all state power belongs to the people and is concentrated in the people, not in the National Assembly. The powers exercised by various state organs all derive from the people’s authorization. Therefore, the organization and operation of all state organs must serve the people and ensure the people’s right to be masters of the country. State organs and their cadres and public servants must respect the people, be responsible to the people, serve the people, and accept the people’s supervision. The 13th National Congress of the CPV [21]21 The 13th National Congress of the CPV was held in January 2021, setting the direction for Vietnam’s development to 2030 and beyond. emphasized that all work of the Vietnamese Party and state must earnestly implement the people-centered ideology, truly respect and bring into play the people’s right to be masters of the country, adhere to the guideline of “the people know, the people discuss, the people do, the people inspect, the people supervise, the people enjoy,” and effectively implement direct democracy and representative democracy, especially at the grassroots level. Ho Chi Minh pointed out: “Do your utmost to do things that benefit the people; do your utmost to avoid things that harm the people.” This emphasizes that the Vietnamese Party and state consistently uphold the people’s standpoint, and safeguarding and realizing the interests of the broad masses of the people is their fundamental pursuit.

越共始终认为人民是越南革命、革新和建设事业的中心和主体,党和国家的一切主张和政策要真正从人民的合法正当要求、愿望和权益出发。“党的一切路线,国家的所有政策、法律和活动,都是为人民谋福祉,以人民的幸福为奋斗目标。”这意味着人民是党的方针政策、国家法律法规的受益者,党和国家的一切政策法规都要为人民服务。根据越南宪法规定,国家一切权力属于人民,集中在人民,而不是在国会,各国家机关所行使的权力都来自于人民的授权,因此各国家机关的组织和运行必须服务于人民,确保人民当家作主的权利;国家机关及其干部公职人员必须尊重人民,对人民负责,为人民服务,受人民监督。越共十三大强调,越南党和国家的全部工作必须认真贯彻落实以民为本的思想,真正尊重并发挥人民当家作主的权利,坚持“民知、民议、民为、民检、民监、民享”的方针,有效落实直接民主、代议制民主,尤其是基层民主。胡志明指出:“对老百姓有利的事情要尽力而为,对老百姓有害的事情要尽力避免。”强调越南党和国家始终坚持人民立场,维护和实现广大人民群众的利益是其根本追求。

(III) An Inevitable Requirement for Building a Clean and Strong Political System

(三)建设廉洁强大政治体系的必然要求

The report of the 13th National Congress of the CPV pointed out that Vietnam must “build a clean, strong Party and political system, consolidate the people’s confidence in the Party, the state, and the socialist system… maintain a peaceful and stable environment, and strive to build our country into a developed country along the socialist direction by the middle of the 21st century.” The “division of powers among three branches” national governance model, as an important measure for building and perfecting Vietnam’s socialist democracy and socialist law-based state, will help Vietnam build a clean and strong political system.

越共十三大报告指出,越南要“建设廉洁、强大的党和政治体系,巩固人民对党、国家、社会主义制度的信心……维护和平稳定的环境,力争沿着社会主义方向到21世纪中叶将我国建设成为发达国家”。“三权分工”国家治理模式作为建设和完善越南社会主义民主和社会主义法权国家的重要举措,将助力越南建设廉洁强大的政治体系。

In the process of political reform, Vietnam faces problems such as low efficiency in the organization and operation of state organs, corruption, waste, negative phenomena, and serious internal “self-evolution” and “self-transformation” [22]22 “Self-evolution” and “self-transformation” (自我演变、自我转化) are terms used by the CPV to describe internal ideological and political deviations that could lead to the erosion of Party leadership and socialist orientation.. These are inconsistent with building a clean and strong Party and political system in Vietnam. Building a clean and strong political system in Vietnam requires, under the leadership of the CPV, establishing streamlined, efficient state organs that serve the people, perfecting the supervision mechanism over state power, and resolutely preventing and punishing corruption, waste, negative phenomena, and internal “self-evolution” and “self-transformation.” The “division of powers among three branches” national governance model emphasizes that, on the basis of adhering to the CPV’s leadership over national governance and the unity of state power belonging to the people, the functions and tasks of various state organs are clearly divided, ensuring close cooperation and mutual supervision during their operation, fully leveraging the state management functions of each state organ, curbing the alienation of state power and “self-evolution” and “self-transformation,” and making the operation of state organs clearer and more efficient. On the one hand, this model ensures the unity of the people’s will and state power, and the effectiveness of Party and state decision-making, which is conducive to pooling the people’s will to accomplish major tasks of overall and forward-looking significance. In recent years, Vietnam’s achievements in combating the COVID-19 pandemic have fully demonstrated the superiority of Vietnam’s socialist system and the superiority of the “division of powers among three branches.” On the other hand, under the leadership of the CPV, the legislative, executive, and judicial branches have both their own operational and mutual cooperation mechanisms, as well as a supervision mechanism, which improves the efficiency of state organ operation and effectively prevents the alienation of state power, thereby maximizing the maintenance of the unity and stability of Vietnam’s national laws, regulations, guidelines, and policies.

越南在政治革新的进程中存在国家机关组织和运作效率不高、贪污腐败、浪费、消极现象和内部“自我演变”“自我转化”现象严重等问题,这与越南建设廉洁强大的党和政治习题不相符。越南建设廉洁强大的政治系统,要求在越共的领导下,建立精简、高效、为人民服务的国家机关,健全国家权力监督机制,坚决预防和惩治贪污腐败现象和内部“自我演变”“自我转化”。“三权分工”国家治理模式强调,在坚持越共对国家治理领导权和在国家权力统一且属于人民的基础之上,对各国家机关的职能任务进行明确分工,保证各国家机关在运行时能密切配合和相互监督,充分发挥各国家机关的国家管理职能,遏制国家权力异化和“自我演变”“自我转化”,使国家机关运行更加明确高效。“三权分工”国家治理模式,一方面保证了人民意志和国家权力的统一,保证了党和国家决策的有效性,有利于集聚人民意愿办成全局性、前瞻性的大事。近年来,越南在抗击新冠疫情中取得成果,充分显示了越南社会主义制度的优越性,充分显示了“三权分工”的优越性。另一方面,国家机关在越共的领导下,立法、行政、司法既有各自运作和相互配合机制,又有监督机制,提高了国家机关运行的效率,有效防范了国家权力的异化,从而最大限度维持越南国家法律法规和方针政策的统一性、稳定性。

(Fund: National Social Science Fund Youth Project “Research on New Trends of the Communist Party of Vietnam after the 13th National Congress and Countermeasures” (Project No.: 21CGJ001); Guangxi Graduate Education Innovation Project “New Trends in the Construction of Vietnam’s Socialist Law-based State after the 13th National Congress of the CPV” (Project No.: YCBZ2023040) – phased results)

(基金:《国家社科基金青年项目“越共十三大后的越南共产党新动向及应对研究》(项目编号:21CGJ001);广西研究生教育创新计划项目《越共十三大以来越南社会主义法权国家建设新动向》(项目编号:YCBZ2023040)的阶段性成果)

Online Editor: Tongxin

网络编辑:同心

Notes

  1. “Peaceful evolution” (和平演变) refers to a strategy, attributed to Western powers, of subverting a socialist state from within through ideological, cultural, and economic means rather than military force. ↩
  2. Karl Marx, “Contribution to the Critique of Hegel’s Philosophy of Law,” in Marx-Engels Collected Works, vol. 3 (Moscow: Progress Publishers, 1975), p. 29. ↩
  3. Karl Marx, “The Civil War in France,” in Marx-Engels Collected Works, vol. 22 (Moscow: Progress Publishers, 1986), p. 332. ↩
  4. Ibid., p. 333. ↩
  5. V. I. Lenin, “The State and Revolution,” in Lenin Collected Works, vol. 25 (Moscow: Progress Publishers, 1964), p. 416. ↩
  6. “Fusion of powers” (议行合一) is a principle of government where legislative and executive powers are combined in a single body, as opposed to the separation of powers. It is often associated with the Paris Commune and Soviet-style systems. ↩
  7. Friedrich Engels, “Introduction to Karl Marx’s The Civil War in France,” in Marx-Engels Collected Works, vol. 27 (Moscow: Progress Publishers, 1990), p. 190. ↩
  8. Ibid., p. 191. ↩
  9. “Taking the Soviet Union as its teacher” (以苏为师) refers to the early period of the Democratic Republic of Vietnam when it closely modeled its political and economic institutions on those of the Soviet Union. ↩
  10. The "four major crises" identified by the CPV are: the danger of lagging behind economically, the danger of "peaceful evolution," the danger of deviation from the socialist direction, and the danger of corruption and bureaucracy. ↩
  11. The original text uses a Chinese-style footnote marker "7" here, which has been omitted in translation as per the instruction to keep citations and quotations as such; the note number is retained for consistency. ↩
  12. "Self-evolution" (tự diễn biến) and "self-transformation" (tự chuyển hóa) are CPV terms referring to internal ideological and political deviations that could lead to abandoning the Party's principles. ↩
  13. This is a paraphrase of Lenin's view on the state as a specialized管理机构 (management institution) separated from society, found in works like "The State and Revolution." ↩
  14. This is a paraphrase of CPV and Ho Chi Minh's concept of a people's democratic state. ↩
  15. This is a paraphrase of CPV's vision for a socialist society, emphasizing human development, social justice, and solidarity. ↩
  16. The 13th National Congress of the Communist Party of Vietnam (CPV) was held in January 2021, setting the country’s socio-economic development direction for the next five years and electing the Party’s top leadership. ↩
  17. Nguyen Phu Trong (born 1944) served as General Secretary of the Communist Party of Vietnam from 2011 until his death in 2024, and was a key figure in promoting anti-corruption campaigns and ideological orthodoxy. ↩
  18. “Reform and opening up” (革新开放, Đổi Mới) refers to Vietnam’s economic and political reforms initiated in 1986, analogous to China’s reform and opening up. ↩
  19. “Division of powers among three branches” (三权分工) is a Vietnamese model distinct from the Western “separation of powers”; it emphasizes a division of labor, cooperation, and supervision among legislative, executive, and judicial organs under the unified leadership of the CPV. ↩
  20. Nguyen Phu Trong (阮富仲, born 1944) is the General Secretary of the Central Committee of the Communist Party of Vietnam, serving since 2011. ↩
  21. The 13th National Congress of the CPV was held in January 2021, setting the direction for Vietnam’s development to 2030 and beyond. ↩
  22. “Self-evolution” and “self-transformation” (自我演变、自我转化) are terms used by the CPV to describe internal ideological and political deviations that could lead to the erosion of Party leadership and socialist orientation. ↩