Under the age of updated information around the clock, the demand for free democracy and human rights is well known throughout Vietnam. On the occasion of the founding of the Communist Party of Vietnam (CPV), many people are asking the following questions:
What is CPV’s legitimacy? What legal basis does the ruling party exist and rule over the past 90 years in a country with more than 95 million people?
Talking to BBC News Vietnamese on Feb 2 from Saigon, lawyer Le Cong Dinh, former deputy chairman of Ho Chi Minh City Bar Association, said:
“This issue has been raised by many, and the CPV has so far cited two issues:
First, it is a historical process, a merit in the struggle to liberate the nation and they postulate that success is an legitimacy placed on the whole society as the Communist Party naturally has the right to receive for the country and society of Vietnam.
“And the second problem is that in the Constitutions Vietnam, under the Communist regime, such as the previous Constitution and the 2013 Constitution, also in Article 4 stipulates that the CPV is the leader having a unique role for the country and society of Vietnam.
“They relied on that historical issue and constitutional basis to say that the leadership of the CPV is legitimate and righteous, but the Constitution has also not banned other parties from operating.
“Seriously, from a legal perspective: There is practically no specific provision in the Constitution, as well as in the Law, for CPV’s leading role.”
Attorney Le Cong Dinh said:
“For example, until now, the National Assembly of Vietnam has postponed the Law on Association, so that it can be said that because there is no Law, independent associations are not allowed to establish.
“Then one also raises the obvious question that there is no such law and especially no law on the Communist Party, on political parties, so what is the legal basis for the CPV’s existence and leading role in the country?
“Of course, they always justify that legitimacy with Article 4 of the Constitution. But if we read carefully Article 4 of the Constitution, that provision is absolutely not about organizational issues and established the Communist Party of Vietnam.
“Generally speaking, the CPV has a leadership role, so there is an assumption that the leadership of the party is not convincing because the Constitution was drafted by the CPV and brought to the National Assembly which is also controlled by the Party.”
On what legal basis, which law regulates the establishment and operation of the Communist Party of Vietnam? “
On the occasion of the 90th anniversary of the establishment of CPV, lawyer Le Cong Dinh said what the Party needed to do:
“Certainly they have to amend the Constitution and the electoral law, which gives real voting rights to the people democratically and the people really have the choice of whatever political institutions they want, as well as choosing which party to come to power.
“It was not imposed and said it was the will of the people!”
And the people have no means to protest against that, but for sure people wont admire the party.
The regime “must hold a referendum in order for the people to express their right of determination in choosing political institutions, as well as chose through elections which party to be able to rule,”
According to the data, this Party got power in Vietnam through the event “Stealing the government” from another civilian government in Vietnam in the context of Japan-France war, on Aug 19, 1945 in Hanoi, then organized the event to declare independence on Sept 2 headed by its party leader Ho Chi Minh.
Tran Thanh Hiep, former lawyer of the Saigon High Court before April 30, 1975, talked about what he called – “lack of legitimacy” of the “robbing the government” in 1945.
“I was originally from Hà Tĩnh, but back then I studied in Hà Nội,” recalls Trần Thanh Hiệp, former lawyer at the Sài Gòn Superior Court.
“I remember that because of a protest organized by civil servants and people to support the government of Tran Trong Kim, during that protest the Viet Minh stole the flag and took it as a demonstration of the Viet Minh. to do the August Revolution. But there’s really no revolution, it’s just a robbery of the government.”
“For me it was an act of robbing the government, not what they called the August Revolution because nothing changed, revolutionary, only robbing the authority from the government of Tran Trong Kim to the Communist Party under the name of Viet Minh Front or Vietnam Front of the Allies, robs the government … “
Until 1975, it was still not returned to the people to normalize the participation of the people in the governance of the country, it was only to expand the scope of the robbed government so that the government could be for the whole country, cannot be called united, nor can it be called liberation.
Government of Tran Trong Kim
Tran Trong Kim’s cabinet (1883-1953) consisted of intellectuals: Tran Trong Kim, Hoang Xuan Han, Ho Ta Khanh, Trinh Dinh Thao, Tran Trong Kim, Vu Ngoc Anh, Tran Van Chuong and Tran Dinh. Nam, Vu Van Hien, Phan Anh and Nguyen Huu Thi.
In just four months from April 17 to August 25, 1945, the Government of Tran Trong Kim created the symbol, laying the legal and educational foundation for Vietnam later:
- Setting up the national name as Vietnam – awarded “independence” by Japan, King Bao Dai and the Government quickly declared the national name to be Vietnam.
- Using Vietnamese as the national language and Vietnameseizing education
- Reclaiming the South to unite its territory
- The constitution emphasizes freedom and independence
- Retreat and empower the revolutionary generation
According to Tran Trong Kim, Vietnam later fell into the massacre between Viet Minh and the Vietnamese Nationalist Party in 1945-46.
Institutionally, the Vietnamese Empire withdrew and closed the monarchy period to move to the Republic with progress and consequences as was known later.
Historical witness – Doctor, former Colonel Hoang Co Lan said:
“Now that I think about it, sometimes I decide, the fate of a country, of a person or of a family is only for a split second.
A witness who was present at a rally at the Hanoi Opera House on August 19, 1945, Doctor Hoang Co Lan, former colonel, chief physician of the Paratrooper, Army of the Republic of Vietnam, said “Back then I was more than 13 years old, I was born in Hanoi in 1932, my father was a dentist …“
“Bao Dai, if only had asked the Japanese military to keep order and security, because they have received orders from the Allied army to preserve order in Indochina.
“If at that time, they had just relied on Japan, which had no ambition to dominate Vietnam. After being defeated by the Allies, Japan was asked to maintain security in Vietnam. With Japan’s support, Tran Trong Kim’s government would work hard to reorganize the internal affairs of Vietnam, especially after the famine of 1945. “
The Communists did not respect their pledge, did not let the people be democratically organized as the former Emperor Bao Dai wanted, so I think Bao Dai’s ‘abdication’ has a value of creating conditions for establishing democracy, which was not enforced.
President Ho Chi Minh received Prince of Cambodia (Laos, left) and former Emperor Bao Dai (right)
Also about former Hoang Bao Dai, lawyer Tran Thanh Hiep stated “I see many people who do not read carefully and do not understand the value of ‘Royal resignation letter’ by former Emperor Bao Dai.
When he abdicated, he made it clear that he voluntarily terminated the Empire to allow its people to be free.”
“And when he read ‘The Royal resignation letter’ and he said that ‘it is better to be a citizen of a free and independent country, than to be King of a slave country‘,
When he abdicated to give the people the freedom to establish democracy, he also asked two of the delegation to ask him to abdicate, Tran Huy Lieu and Cu Huy Can, whether they accepted the condition. No, the two of you said yes …
“Now few people know it, I think it is worth repeated to make it clear that King Bao Dai abdicated to end the Empire just to build the democracy that the Communist Party committed respect that.
But the Communist Party eventually betrayed its pledge and regarded its pledge as non-existent. That is to say but not keeping the promise. “
After 90 years of existence, now most probably people are completely disappointed with the Communism that the Party has brought, sparked, devastated the best in Vietnam. A series of veteran party members have left the organization to live a free life.
In order to eliminate the enormous dangers that the Communist Party will continue to cause to the nation, the most peaceful and effective way at the moment is millions of people like one, speaking together, expressing the main opinion before the tyrannical regime in Ba Dinh.
Although General Secretary Nguyen Phu Trong tries to keep the people, the inhuman regime will collapse when the people’s believes are gone.
Thu Thuy from Hochiminh city – Thoibao.de (Translated)
