MINISTRY OF EDUCATION AND TRAINING

UNIVERSITY OF FOREIGN LANGUAGES – DA NANG UNIVERSITY

FACULTY: INTERNATIONAL STUDIES


AMERICAN HISTORY, CULTURE, AND POLITICS

MID-TERM PROJECT
TOPIC: POLITICAL INSTITUTIONS OF VIET NAM AND THE U.S.: THE
ELECTORAL SYSTEMS

Lecturer: Le Nguyen Phuong Loan

Class: 19CNQTHCLC01
Students: Nguyen Thao Nhi
Truong Thi Hong Linh
Nguyen Thi Phuong Thanh

Da Nang, October 21, 2022

LECTURER’S RATING
 INTRODUCTION

…
 CONTENT

1. Overview of the political institution of Viet Nam and the U.S.

1.1. Overview of the political institution of Viet Nam
Vietnam is a country under the socialist republic system. The
current Vietnamese political system is a unified whole, organically
attached, including the Communist Party of Vietnam, the State of
the Socialist Republic of Vietnam, the Vietnam Fatherland Front,
and mass organizations socio-political, under the leadership of the
Communist Party of Vietnam fully exercise the people's right to
mastery and build a socialist Vietnam, and is operated according to
the following mechanism: Party leadership State management,
people master.

The political system has been established since the birth of the
Democratic Republic of Vietnam and The National Assembly is
the highest-level representative body of the people; the highest
state power agency of the Socialist Republic of Vietnam; The
National Assembly performs three main functions: to legislate, to
decide on important national issues, and to exercise supreme
supervision over all activities of the State.

Vietnam's political system is a unitary and one-party political

system. The state is governed by the rule of law, but it does not
separate the three powers but exercises the unified, undivided,
centralized power belonging to the people. The people are the
subjects who authorize and give power to the state built and
controlled by the people. In the entities of the state structure, there
is assignment and coordination according to functions and tasks to
exercise the power of the People.

1.2. Overview of the political institution of the U.S.

 The United States is a federal republic in which the President,
Congress, and Courts jointly hold and share the federal
government’s powers under the Constitution. Meanwhile, the
federal government shares power with the governments of each
state. This model combines the division of powers both
horizontally (separation of powers) and vertically (between the
federation and the states).

The federal government is established by the United States

Constitution. Currently, two major political parties, the
Democratic Party and the Republican Party, are dominant in
American politics although there are still groups or political
parties with less significant influence.

2. The electoral systems in Viet Nam

2.1. Principles of election law
Election principles mean the fundamental and base guidelines
orientating the election regime, which are provided in law and must be
strictly adhered to in reality. Vietnam's election regime currently
complies with the following four principles: universal suffrage, equal,
direct, and secret ballot.

The first principle is universal suffrage, whereby all citizens,

regardless of race, male or female, social class, creed, religion,
education, occupation, or length of residence, except for those who
have lost their civil capacity or are deprived of the right to vote by
law, who have reached the age of majority who are entitled to vote.
This principle requires that the State must legally guarantee and create
favorable conditions for citizens to exercise their suffrage rights, and
ensure democracy, publicity, and wide participation of all people in
the election process.
The second principle is equality. Equality in the election means an
assurance of equal opportunity without any discrimination based on
gender, ethnicity, age, social class, political tendency, position, or
occupation,… This principle concentrates on two aspects: Each voter
is entitled to write his/her name on the list of electors where he/she
permanently or temporarily resides; and may cast his/her vote in only
one constituency, and all votes shall be of equal value. As for
candidates, each candidate is only allowed to stand for election in one
constituency, election results are based solely on the number of votes
the person receives, and candidates are given equal conditions in
electoral campaigning. The principle of the equal election also
requires a reasonable distribution of structure, composition, and
several candidates to ensure a representative voice for all regions,
regions, localities, and social classes,…

The third principle is a direct election, which means that voters

directly express their will through their ballots. Legal provisions on
election dates, polling places, election propaganda and campaigning,
etc., all aim to ensure voters’ direct participation in the election. The
election results will rely on the number of voters’ votes. The principle
of direct voting requires that voters do not ask for help, vote on behalf
of, or vote by mail. In case voters cannot write their ballots, they may
ask others to write them for them, but they must vote themselves; the
person writing for the voter must ensure the confidentiality of the
voter's vote. If a voter is sick, old, or disabled, he or she cannot go to
the polling place, the election team will bring an extra ballot box and
ballots to the voters' residence so that the voters can receive their
ballots and carry out voting procedures.

The last principle: is the secret ballot. this principle aims to ensure
respect for the freedom of expression of the will of the electorate and
to create conditions for each voter's selection process to be unaffected
by the other individuals or organizations. Accordingly, the election,
especially the stages of filling out and casting ballots, must be
organized so that no one could know about voters’ choices. Voters
 will fill out their ballots. Those who cannot fill out their ballots on
their own may ask others to do so, but the latter must keep the voters’
decision secret. No one may enter voting booths, including election
officers, while voters fill out their ballots.

2.2. Right to vote and to stand as a candidate in elections

The right to vote and to stand as a candidate in the election are
fundamental rights of citizens which reflect the level of democracy of
the Vietnamese State. Article 27 of the 2013 Constitution of Viet Nam
stipulates: “Every citizen who reaches the age of eighteen has the
right to vote. Every citizen who reaches the age of twenty-one has the
right to stand for election to the National Assembly or People’s
Councils.”

The current law guarantees the right to vote for citizens being
temporary residents, being held in custody or detention, and overseas
Vietnamese. According to the law, persons falling into the following
four cases aren’t entitled to vote: persons who are stripped of the right
to vote under a court’s legally effective judgment or ruling; being
sentenced to death and awaiting judgment execution; serving
imprisonment sentences and not entitled to suspended sentences, and
having lost their civil act capacity.

Regarding the right to stand for election, when fully meeting the
standards and conditions defined by law, citizens may express their
aspirations to stand for election as National Assembly candidates or
People’s Council candidates. To be qualified for candidacy, citizens
must also meet the criteria for National Assembly candidates or
People’s Council candidates and comply with the law-prescribed
procedures for dossier submission and election campaigning.

People who fall into the following cases can’t stand for election:
Being stripped of the right to stand for election under a court’s legally
effective judgment or ruling; being sentenced to imprisonment; having
civil act capacity restricted or lost; being prosecuted as defendants;
 persons who are serving criminal judgments or rulings of courts;
having completely served courts’ criminal judgments or rulings but
their convictions have not yet been expunged; and persons who are
serving the administrative measure of confinement to compulsory
education institutions, confinement to compulsory drug rehabilitation
facilities or commune-based education.

2.3. Election bodies and election consultation process

In all elections in Viet Nam, the election consultation process has 5
steps: The first consultation conference is held to agree on the
proportion, composition, and several candidates for the National
Assembly and People's Council; nominating the candidates; holding
the 2nd consultation conference to make a preliminary list of
candidates and collect opinions from voters in the place where the
candidate resides; collecting opinions of voters of candidate residence;
holding the 3rd consultation conference to close the list of candidates.

Election bodies include the National Council and local election

bodies. The National Election Council has such tasks and powers as
organizing the election of National Assembly deputies; directing and
guiding the election of deputies to the People’s Councils at different
levels; directing the election communication, propaganda, and
campaigning activities; directing the maintenance of security, social
order, and safety during elections; inspecting and urging the
enforcement of the law on the election; prescribing forms of
candidacy dossiers, voters’ cards, and ballot papers, internal rules of
polling places, and other documents used in the election.

Election authorities in the locality include Election Commissions of

provinces, centrally run cities, Election Commissions of districts,
towns, provincial cities, centrally run cities, and Commune Election
Committees. , wards and townships (collectively referred to as
Election Commission); Vice-Deputy Election Committee of the
National Assembly, Vice-Deputy Election Board of the Provincial
People's Council, Vice-Deputy of the Election Board of the District
 People's Council, Vice-Deputy of the Election Board of the
Commune-level People's Council (collectively referred to as the
Election Board); and electoral teams.

2.4. Election propaganda and campaigning

Election propaganda and campaigning are important activities in
promoting the exercise of people’s mastery. This is a channel that
links the candidates and voters, giving chances for candidates to
demonstrate their political capability and creating conditions for
voters to contact candidates at the same time, on that basis to select
and vote for the fully qualified persons to represent them in state
power bodies.

According to the provisions of Vietnamese law, election campaigning

can be carried out in one of the following forms: meeting and
contacting voters at the constituency conference in the locality where
the candidate is; giving interviews on local mass media and election
websites. Election campaigning must ensure democracy and equality,
and must not be used to propagate contrary to the Constitution or the
law or infringe upon the honor, prestige, legitimate rights, and
interests of other organizations and individuals. Funding for the
election campaign will be provided by the state budget. The Law also
clearly stipulates the responsibilities of relevant agencies and
organizations in the propaganda and organization of election
campaigns.

3. The electoral systems in the U.S.

3.1. Summary of the U.S. political institutions
The politics of the United States function within a
framework of a constitutional federal republic and
presidential system, with three distinct branches that share
powers. These are: the U.S. Congress which forms the
legislative branch, a bicameral legislative body comprising
the House of Representatives and the Senate; the executive
branch which is headed by the President of the United
States, who serves as country’s head of state and
government; and the Judiciary branch, composed of the
Supreme Court and lower federal courts, and which
exercises judicial power.

The legislative power is vested in the Congress and made up

of two houses: the Senate and the House of Representatives.
There are 435 members in the House of Representatives and
100 senators in the Senate. Each state elects two members
every two years for a six-year term to the 100-member
Senate. A senator must be 30 years old, 9 years a citizen and
an inhabitant of the state, which elects him. A representative
must be 25, a US citizen and live in the state which he is
elected. The Congress makes law, controls finances (foreign
and domestic spending).
The executive branch is headed by the President, who
proposes bills to the Congress, enforces laws, controls
foreign policy, serves as Commander in Chief of the Armed
Forces and with the approval of the Senate, makes treaties
and appoints secretaries (ministers). President can veto a bill
unless Congress by a two-thirds vote shall overrule it. The
President is chosen in nation-wide elections every 4 years
together with the Vice-President. A US president must be 35
or older, a US citizen born in the USA and have lived in the
USA at least 14 years. He can only serve two terms. Before
1951 the law was different, that’s why Franklin D.Roosevelt
was elected 4 times.
The Vice-President, elected from the same political party as
the President, acts as Chairman of the Senate, and takes
President’s office if President is unable to finish his term.
The judicial branch is made up of Federal District Courts,
11 Federal Court and the Supreme Court. Nine Federal
judges and appointed by the President for life. Federal
courts decide cases involing federal law, and conflicts
between citizens of different states. The Supreme Court
 interprets constitution, tests laws and may rule the law to be
unconstitutional. No veto is possible.
In principle. These branches and independent and maintain a
balance of power. In practice, they sometimes come into
conflict and can exercise more or less power than originally
intended.
The work of the national or federal govemment is also
distributed among various departments, such as the
Department of State, Defense, Labour, Interior, or
Education.
There are two main political parties in the US, the
Republican Party (the Elephant) and have more support
among the upper classes. The Democrats tend to be more
liberal and to have more support among the working classes.
3.2. Electoral systems
3.2.1. Primary elections
Candidates will mobilize support within the party to become
the candidate to represent their party. In internal meetings,
party members meet, discuss and vote on the person they
consider to be the best candidate in the party.

At the primary elections, party members vote at the state

level to find the candidate who will represent them in the
general election. The candidate representing each party is
officially announced at the party's national congress and
then selects a Vice Presidential candidate runs with him or
her.

From 1853 to the present, the winner of the race for the
White House has always been the candidate of the
Republican or Democratic party, although some other
parties also have candidates.

3.2.2. Principles of electoral systems

The first principle is equality between the states. The
process of negotiating to form the federal state of the United
States of America, which initially consisted of only 13 states
(actually 13 countries) was a bargain. They compromise on
the senate, agreeing that this is the most important
legislative institution, deciding on important issues of the
country and where the big and small states are equally
represented by 2 senators. For example, the state of
Delaware has only 900,000 people but also has 2 senators
like the most populous state is California with 38 million
people.

Second, the principle of universal suffrage and equality for

all. The total of 435 US congressmen is constant, but the
population of the states can change every year due to
economic development, changes in the environment,
education, and people's need to move in search of work,
jobs, and find a new place to live. Therefore, every 10 years,
the United States organizes national censuses with many
questions to use for many different purposes. On the basis of
a map of population changes over a decade, the electoral
"map" is also redrawn according to population changes, and
the number of congressmen in each state can increase or
decrease depending on the number of residents in the state. a
state at the time of the census. The states with large and
rapidly growing populations and therefore also a large
number of representatives in the House of Representatives
are California, Texas, and Florida.

The 3rd principle is “Winner gets it all”. Due to the

organization of the state in the form of a federation, the
people in the United States, although known as the direct
presidential election, do not vote directly, but indirectly,
according to the total number of seats that the states are
represented in the congress. federal consists of 100 votes for
 senators, 435 votes for representatives of representatives,
and 3 electoral votes for Washington DC (total of 538
Electoral College votes), and the presidential election must
win at least 270 electoral votes.

If the presidential candidate wins in any state, it is

considered to receive the electoral votes of the entire state.
From here the following cases can occur: the candidate that
wins in more states is not guaranteed to win; the candidate
who receives the highest number of votes from the voters
does not necessarily win. It is important for any presidential
candidate to find a way to win in the populous states to get
more electoral votes. Because some states in the US have
traditionally left Republicans (such as Texas, and Georgia),
and some states have traditionally left for Democrats (such
as California, and New York), and up to 80% of available
voters have “Republican blood” or “Democratic blood”, no
matter how bad or good their party is, they are always loyal
to the ideal they have chosen and vote for their party, so the
Voting is actually aimed at “Swing states” or “Swing voters”
or undecided voters.
3.2.3. Election stages

Step 1: Primaries and Caucuses

People with similar ideas usually belong to the same

political party. The two main parties in the U.S. are
Republican and Democrat.

Many people want to be President. They campaign around

the country and compete to try to win their party’s
nomination.

In caucuses, party members meet, discuss, and vote for who

they think would be the best party candidate.
 In primaries, party members vote in a state election for the
candidate they want to represent them in the general
election.

Step 2 &3: National Conventions and General Election

After the primaries and caucuses, each major party,

Democrat and Republican, holds a national convention to
select a Presidential nominee.

The party’s Presidential nominee announces his or her

choice for Vice President.

The Presidential candidates campaign throughout the

country to win the support of the general population.

On election day, people in every state cast their vote .

Step 4: The Electoral College

When people cast their vote, they are actually voting for a
group of people called electors.

The number of electors each state gets is equal to its total

number of Senators and Representatives in Congress. A
total of 538 electors form the Electoral College.

Each elector casts one vote following the general election.

The candidate who gets 270 votes or more wins.

The newly elected President and Vice President are

then inaugurated on January 20th.
3.2.4. Electors and the U.S. federal election
Each State's Certificates of Ascertainment confirms the names of
its appointed electors. A State's certification of its electors is
generally sufficient to establish the qualifications of electors.
The United States has a presidential system of government,
which means that the executive and legislature are elected
separately. Article II of the United States Constitution requires
that the election of the U.S. president by the Electoral College
must occur on a single day throughout the country; Article I
established that elections for Congressional offices, however, can
 be held at different times. Congressional and presidential
elections take place simultaneously every four years, and the
intervening Congressional elections, which take place every two
years, are called midterm elections.
The constitution states that members of the United States House
of Representatives must be at least 25 years old, a citizen of the
United States for at least seven years, and be a (legal) inhabitant
of the state they represent. Senators must be at least 30 years old,
a citizen of the United States for at least nine years, and be a
(legal) inhabitant of the state they represent. The president and
vice president must be at least 35 years old, a natural born citizen
of the United States and a resident in the United States for at
least fourteen years. It is the responsibility of state legislatures to
regulate the qualifications for a candidate appearing on a ballot
paper, although in order to get onto the ballot, a candidate must
often collect a legally defined number of signatures.
3.2.5. Public opinion polls and the election campaign

a) Public opinion polls

Public opinion polling has a long history in the United States.

Polls are ubiquitous in American political life. In 2007, there
were nearly 5,500 polling organizations in the United States, an
increase of over 1,500 organizations in ten years (Goidel, 2011).
Every day the public is polled about topics ranging from their
views about taxes and the federal budget, their opinions about
the environment and global warming, and whether or not a
principal has the right to prevent students from bringing their
lunches to school.

Polls vary greatly in terms of their quality, content, and purpose.

Reliable public opinion data are gathered by reputable
commercial polling organizations, nonpartisan think tanks,
academic institutions, government agencies, and news
organizations. Misleading information about public opinion can
result from quick polls that do not employ appropriate data-
gathering techniques.

The typical opinion poll consists of a set of “interviews” with

people selected to be representative of a population of interest,
such as all U.S. adults. These aren’t like the anxiety-inducing
interviews you might have for a job. In survey interviews, a
 pollster will ask everyone the same set of questions in exactly the
same way and then tally up the answers and report the results. If
the poll is designed properly, the responses collectively can
describe the thinking and experiences of the much larger group
of people from whom the sample is chosen. Our goal in this
course is to demystify how this actually happens.

b) The election campaign

Election campaigns are the means by which candidates and

political parties prepare and present their ideas and positions on
issues to the voters in the period preceding election day.
Contestants use a variety of techniques to reach voters and
deliver their messages, including through traditional and new
media, public events, written materials, or other means. In some
countries, public media and/or space are allocated to contestants
for these purposes (considered indirect public campaign
financing). The dates of an official election campaign period,
usually a period of a month or several months leading up to
election day, are often legally defined. In many countries, the
legal window for campaigning will end a day or two prior to
election day, providing a so-called “black-out period”
immediately before voting begins. Parties and candidates will
establish physical premises from which they carry out campaign
activities and overall operations.

4. Similarities and differences between the two electoral systems

4.1. Similarities
4.2. Differences
 CONCLUSION

https://vietnamembassy-usa.org/vietnam/politics