VIETNAM
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CONSTITUTION OF VIETNAM
Independence -- Freedom -- Happiness
Preamble
In the course of their millennia-old history, the Vietnamese people, working
diligently, creatively, and fighting courageously to build their country
and defend it, have forged a tradition of unity, humanity, uprightness,
perseverance and indomitableness for their nation and have created Vietnamese
civilization and culture.
Starting in 1930, under the leadership of the Communist Party of Vietnam
formed and trained by President Ho Chi Minh, they waged a protracted revolutionary
struggle full of hardships and sacrifices, resulting in the triumph of the
August Revolution. On 2nd September 1945, President Ho Chi Minh read the
Declaration of Independence and the Democratic Republic of Vietnam came
into existence. In the following decades, the people of all nationalities
in our country conducted an uninterrupted struggle with the precious assistance
of friends throughout the world, especially the socialist countries and
the neighbouring countries, achieved resounding exploits, the most outstanding
ones being the historic Dien Bien Phu and Ho Chi Minh campaigns, defeated
the two wars of aggression by the colonialists and the imperialists, liberated
the country, reunified the Fatherland, and brought to completion the people's
national democratic revolution. On July 2nd, 1976 the National Assembly
of reunified Vietnam decided to change the country's name to the Socialist
Republic of Vietnam; the country entered a period of transition to socialism,
strove for national construction, and unyieldingly defended its frontiers
while fulfilling its international obligations.
In successive periods of resistance war and national construction, our country
adopted the 1946, 1959, and 1980 Constitutions.
Starting in l986, a comprehensive national renewal advocated by the 6th
Congress of the Communist Party of Vietnam has achieved very important initial
results. The National Assembly has decided to revise the 1980 Constitution
in response to the requirements of the new situation and tasks.
This Constitution establishes our political regime, economic system, social
and cultural institutions; it deals with our national defence and security,
the fundamental rights and duties of the citizen, the structure and principles
regarding the organization and activity of State organs; it institutionalises
the relationship between the Party as leader, the people as master, and
the State as administrator.
In the light of Marxism-Leninism and Ho Chi Minh's thought, in furtherance
of the Program for National Construction in the period of transition to
socialism, the Vietnamese people vow to bring into full play the tradition
of patriotism, unite millions as one, uphold the spirit of self-reliance
and self-improvement in the national construction, pursue a foreign policy
of independence, sovereignty, peace, friendship and cooperation with all
countries, strictly abide by the Constitution, and win ever greater successes
in the cause of renovating, building and defending the Fatherland.
Article 1 [Independence and Sovereignity]
The Socialist Republic of Vietnam is an independent and sovereign country
enjoying unity and territorial integrity, including its mainland, islands,
territorial waters, and air space.
Article 2 [Law Governance, People's State, State
Powers]
(1) The Socialist Republic of Vietnam State is a law governed socialist
State of the people, by the people and for the people. All State powers
belong to the people and are based on the alliance between the working class,
the peasantry and the intelligentsia.
(2) The State powers are unified and decentralized to State bodies, which
shall coordinate with one another in the exercise of the legislative, executive
and judiciary powers.
Article 3 [State Objectives]
The State guarantees and unceasingly promotes the people's mastery in all
aspects, with a view to achieving the objectives of prosperous people, strong
country, equitable, democratic and civilized society, in which all people
enjoy an abundant, free and happy life and are given conditions for all-sided
development; and severely punishes all acts of infringing upon the interests
of the Fatherland and the people.
Article 4 [The Communist Party]
(1) The Communist Party of Vietnam, the vanguard of the Vietnamese working
class, the faithful representative of the rights and interests of the working
class, the toiling people, and the whole nation, acting upon the Marxist-Leninist
doctrine and Ho Chi Minh's thought, is the force leading the State and society.
(2) All Party organizations operate within the framework of the Constitution
and the law.
Article 5 [Nationalities]
(1) The Socialist Republic of Vietnam is the unified State of all nationalities
living on the territory of Vietnam.
(2) The State carries out a policy of equality, solidarity and mutual assistance
among all nationalities, and forbids all acts of national discrimination
and division.
(3) Every nationality has the right to use its own language and system of
writing, to preserve its national identity, and to promote its fine customs,
habits, traditions and culture.
(4) The State carries out a policy of comprehensive development and gradually
raises the material and spiritual living conditions of the national minorities.
Article 6 [Democratic Centralism]
(1) The people make use of State power through the agency of the National
Assembly and the People's Councils, which represent the will and aspirations
of the people, are elected by them and responsible to them.
(2) Democratic centralism is the principle governing the organization and
activity of the National Assembly, the People's Councils, and all other
State organs.
Article 7 [Elections]
(1) Elections to the National Assembly and the People's Councils are held
in accordance with the principles of universal, equal, direct, and secret
suffrage.
(2) A member of the National Assembly shall be removed from office by the
electors or the National Assembly, a member of a People's Council by the
electors or the People's Council, when this member is no longer worthy of
the confidence of the people.
Article 8 [Duties of Agencies, Cadres and Employees]
All State agencies, cadres, officials and employees must show respect for
the people, devotedly serve the people, maintain close contact with the
people, listen to their opinions and submit to their supervision; resolutely
struggle against corruption, wastefulness and all manifestations of bureaucracy,
arrogance, authoritarianism.
Article 9 [The Vietnam Fatherland Front]
(1) The Vietnam Fatherland Front is a political alliance and a voluntary
union of political organizations, sociopolitical organizations, social organizations
and individuals representing their social classes and strata, nationalities,
religions, and overseas Vietnamese.
(2) The Vietnam Fatherland Front and its member organizations constitute
the political base of the people's administration. The Front promotes the
tradition of national solidarity, strengthens the people's unity of mind
in political and spiritual matters, participates in the building and consolidation
of the people's administration, joins the State in caring for and protecting
the legitimate interests of the people, encourages people to exercise their
right to mastery, to strictly abide by the Constitution and laws, supervise
activities of the State agencies, people-elected representatives as well
as State cadres, officials and employees.
(3) The State creates conditions for the Fatherland Front and its member
organizations to operate efficiently.
Article 10 [The Trade Union]
The Trade Union, being the socio-political organization of the working class
and the toiling people, joins State organs, economic and social bodies in
looking after and safeguarding the rights and interests of cadres, workers,
employees and other labouring people; it participates in State administration
and social management, in the control and supervision of the activity of
State organs and economic bodies; educates cadres, workers, employees and
other labouring people to work well for national construction and defence.
Article 11 [Participation of the Citizens]
The citizen exercises his right to mastery at the grassroots by participating
in State and social affairs; he is duty bound to help protect public property,
legitimate civic rights and interests, maintain national security and social
order, and organise public life.
Article 12 [Rule of Law]
(1) The State exercises the administration of society by means of the law;
it shall unceasingly strengthen socialist legality.
(2) All State organs, economic and social bodies, units of the people's
armed forces, and all citizens must seriously observe the Constitution and
the law, strive to prevent and oppose all criminal behaviour and all violations
of the Constitution and the law.
(3) All infringements of State interests, of the rights and legitimate interests
of collectives and individual citizens shall be dealt with in accordance
with the law.
Article 13 [Inviolability of the Fatherland]
(1) The Vietnamese Fatherland is sacred and inviolable.
(2) All machinations and acts directed against the independence, sovereignty,
unity, and territorial integrity of the Fatherland, against the construction
and defence of the socialist Vietnamese Fatherland, shall be severely punished
in accordance with the law.
Article 14 [Principles of External Relations]
The Socialist Republic of Vietnam carries out a policy of peace and friendship,
seeks to expand its relations and cooperation with all countries in the
world, regardless of their political and social regimes, on the basis of
respect for each other's independence, sovereignty and territorial integrity,
non-interference in each other's internal affairs, equality, and mutual
interest; it seeks to strengthen solidarity, friendship and cooperation
with the socialist countries and neighbouring countries; it actively supports
and participates in the common struggle of the peoples of the world for
peace, national independence, democracy and social progress.
Article 15 [Basic Principles of the Economic System]
(1) The State builds an independent and sovereign economy on the basis of
bringing into full play the internal resources and actively integrating
into the international economy; and carries out the national industrialization
and modernization.
(2) The State consistently implements the policy of developing a socialist-oriented
market economy. The multi-sector economic structure with diversified forms
of production and business organization is based on the regime of the entire
people's ownership, collective ownership and private ownership, in which
the entire people's ownership and collective ownership constitute the foundation.
Article 16 [Aim of the Economic Policy, Economic
Sectors]
(1) The aims of the State's economic policy are to make the people prosperous
and the country strong, to better and better satisfy the people's material
and spiritual demands on the basis of releasing all production capacity,
bringing into full play all potentials of the economic sectors, including
the State economic sector, the collective economic sector, the private and
small-owner economic sector, the private capitalist economic sector, the
State capitalist economic sector and foreign-invested economic sector in
various forms, boosting the construction of material-technical foundations,
broadening economic, scientific and technical cooperation as well as exchange
with the world market.
(2) All economic sectors are important constituents of the socialist-oriented
market economy. Organizations and individuals of all economic sectors are
allowed to conduct business and/or production activities in branches and
trades not banned by law and to be jointly engaged in long-term development,
cooperation and healthy competition according to law.
(3) The State accelerates the formation, development and gradual improvement
of markets of all kinds along the socialist orientation.
Article 17 [Ownership of the Entire People]
The land, forests, rivers and lakes, water supplies, wealth lying underground
or coming from the sea, the continental shelf and the air, the funds and
property invested by the State in enterprises and works in all branches
and fields - the economy, culture, society, science, technology, external
relations, national defence, security - and all other property determined
by law as belonging to the State, come under ownership by the entire people.
Article 18 [Management of the Land]
(1) The State manages all the land according to overall planning and in
conformity with the law, and guarantees that its use shall conform to the
set objectives and yield effective results.
(2) The State shall entrust land to organizations and private individuals
for stable and lasting use.
(3) These organizations and individuals are responsible for the protection,
enrichment, rational exploitation and economical use of the land; they may
transfer the right to use the land entrusted to them by the State, as determined
by law.
Article 19 [The State Economic Sector]
The State economic sector shall be consolidated and developed, particularly
in key branches and domains, play the leading role in the national economy,
and, together with the collective economic sector, become an ever firmer
and firmer foundation of the national economy.
Article 20 [The Collective Sector]
(1) The collective sector growing out of the pooling by citizens of funds
and efforts for cooperative production and trading shall be organised in
various forms following the principles of free consent, democracy, and mutual
benefit.
(2) The State shall create favourable conditions for consolidating and broadening
the cooperatives and allowing them to operate efficiently.
Article 21 [The Private Economic Sectors]
(1) The private individual, small-owner and private capitalist economic
sectors may opt for organizational forms of production and business, may
set up enterprises not restricted in scope of operation in branches and
trades beneficial to the national economy and the people's life.
(2) The family household economy is encouraged to develop.
Article 22 [Rights and Obligations of Enterprises]
(1) Production and trading enterprises belonging to all components of the
economy must fulfil all their obligations to the State; they are equal before
the law; their capital and lawful property shall receive State protection.
(2) Enterprises belonging to all components of the economy can enter into
joint venture and partnership with individuals and economic organizations
at home and abroad in accordance with the provisions of the law.
Article 23 [Property, Expropriation]
(1) The lawful property of individuals and organizations shall not be nationalised.
(2) In cases made absolutely necessary by reason of national defence, security
and the national interest, the State can make a forcible purchase of or
can requisition pieces of property of individuals or organizations against
compensation, taking into account current market prices.
(3) The formalities of the forcible purchase or requisition shall be determined
by law.
Article 24 [External Economic Relations]
The State manages and expands external economic relations, promotes economic
ties of all kinds with all nations and all international organizations on
the basis of the principles of respect for each other's independence and
sovereignty, mutual advantage, and aiming at the protection and stimulation
of domestic production.
Article 25 [Foreign Investments,Vietnamese People Abroad]
(1) The State encourages foreign organizations and individuals to invest
capital and technologies in Vietnam in conformity with Vietnamese law and
international law and practice; it guarantees the right to lawful ownership
of capital, property and other interests by foreign organizations and individuals.
Enterprises with foreign investments shall not be nationalised.
(2) The State encourages and creates favorable conditions for overseas Vietnamese
to investing the country.
Article 26 [State Management of the Economy]
The State manages the national economy by means of laws, plans and policies;
it makes a division of responsibilities and devolves authority to various
departments and levels of the administration; the interests of individuals
and collectives are brought into harmony with those of the State.
Article 27 [Relevance of the Economy]
All economic and social activities and State administration as a whole have
to observe economy.
Article 28 [Protection of the Economy]
(1) All illegal production and trading activities, all acts wrecking the
national economy and damaging the interests of the State, the rights and
lawful interests of collectives and individual citizens shall be dealt with
severely and equitably by the law.
(2) The State shall enact policies protecting the rights and interests of
the producers and the consumers.
Article 29 [Protection of the Environment]
(1) State organs, units of the armed forces, economic and social bodies,
and all individuals must abide by State regulations on the rational use
of natural wealth and on environmental protection.
(2) All acts likely to bring about exhaustion of natural wealth and to cause
damage to the environment are strictly forbidden.
Article 30 [Culture]
(1) The State and the society preserve and develop the Vietnamese culture,
which is modern and deeply imbued with the national identity; inherit and
promote the values of cultures of all nationalities in Vietnam, and the
thought, morality and style of Ho Chi Minh; absorb the mankind's cultural
quintessence; and bring into full play all creative talents among the people.
(2) The State exercises the unified management of cultural activities, strictly
prohibits the popularization of reactionary and depraved thoughts and cultures,
eliminates superstition and bad customs.
Article 31 [Education]
The State shall create favourable conditions for the citizens to develop
all-sidedly; it shall undertake civic education and urge people to live
and work in accordance with the Constitution and the law, to set up families
that are cultured and happy, marked by patriotism, love of socialism, a
genuinely internationalist spirit, friendship and cooperation with all nations
in the world.
Article 32 [Arts]
(1) Literature and art contribute to fostering the personality of and nurturing
spiritual nobility and beauty of the Vietnamese people.
(2) The State shall make investments for the promotion of culture, literature
and art; it shall create favourable conditions for the people's enjoyment
of valuable literary and artistic works; it shall give its patronage to
creative talent in literature and the arts.
(3) The State shall promote diversity in literary and artistic activity;
it shall give encouragement to mass literary and artistic activities.
Article 33 [Media]
The State shall promote information work, the press, radio, television,
cinema, publishing, libraries and other means of mass communication. All
activities in the fields of culture and information that are detrimental
to the national interests and which undermine the fine personality, morality,
and way of life of the Vietnamese people shall be strictly banned.
Article 34 [Cultural Heritage]
(1) The State and society seek to preserve and develop the national cultural
heritage; they take good care of preservation and museum work; they look
after the repair and maintenance of, and seek to obtain the best effects
from, historical vestiges, revolutionary relics, items of the national heritage,
artistic works, and places with beautiful scenery.
(2) All acts in infringing historical vestiges, revolutionary relics, art
works and places with beautiful scenery are strictly forbidden.
Article 35 [Relevance and Aim of Education]
(1) Development of education is a primary national policy.
(2) The State and the society develop education with a view to elevating
the people's intellectual standards, training human resources and fostering
talents.
(3) The aim of education is to form and nurture the personality, qualities
and capabilities of citizens; to train laborers who are possessed of professional
skills, dynamism, creativeness, national pride, good morality and the will
to strive harder to contribute to making people prosperous and the country
strong, meeting the requirements of the cause of building and defending
the Fatherland.
Article 36 [Management of Education]
(1) The State exercises the unified management of the national education
system with regard to the educational objectives, programs, contents and
plans, the teachers' criteria, the regulations on examinations and the system
of diplomas and certificates.
(2) The State develops in a balanced manner the educational system consisting
of the pre-school education, general education, vocational training, college
and post-graduate education; it enforces the universalisation of secondary
education; it develops various educational institutions: State-run schools,
people-run schools as well as other educational forms.
(3) The State prioritizes investment in education and encourages other sources
of investment.
(4) The State adopts the priority policy to ensure the educational development
in mountainous areas, regions inhabited by ethnic minority people and regions
encountering exceptional difficulties.
(5) Mass organizations, first of all the Ho Chi Minh Communist Youth Union,
social organizations, economic organizations and families shall, together
with schools, have the responsibility to educate the youth, teenagers and
children.
Article 37 [Science and Technology]
(1) Development of science and technology is a primary national policy.
Science and technology play a key role in the country's socio-economic development.
(2) The State works out and implements the national policy on science and
technology; builds an advanced science and technology; synchronously develops
sciences, studies and absorbs scientific and technological achievements
in the world in order to build scientific grounds for the elaboration of
lines, policies and legislation, renovate technology, develop production
forces, raise the managerial skill level, ensure the quality and rate of
economic development, and contribute to maintaining national defence and
security.
Article 38 [State Support of Science]
The State makes investment in and gives financial assistance to science
through various channels, priority being reserved for vanguard sciences
and technologies. It looks after the training and rational use of scientific
and technical cadres particularly highly-qualified ones, skilled workers
and artisans; it strives to create favourable conditions for creative work
by scientists; devises many forms of organization and activity for researchers,
ties scientific research to the requirements of socio-economic development,
ensures good coordination between scientific research and training on the
one hand and production and trading on the other.
Article 39 [Public Health Care]
(1) The State makes investment in, ensures the development of, and exercises
unified management over the protection of the people's health; it mobilises
and organises all social forces in the building and development of Vietnamese
medicine following a far-sighted orientation; prevention shall be combined
with treatment, traditional medicine and pharmacology with modern medicine
and pharmacology, State health services with people's health services; the
State shall see to the organization of health insurance and create the necessary
conditions for all citizens to enjoy health care.
(2) Priority is given to the programme of health care for highlanders and
national minorities.
(3) It is strictly forbidden to private organizations and individuals to
dispense medical treatment, to produce and trade in medicaments illegally,
thereby damaging the people's health.
Article 40 [Family]
It is the responsibility of the State, society, the family and the citizen
to ensure care and protection for mothers and children; to carry into effect
the population programme and family planning.
Article 41 [Sports]
(1) The State and society shall develop a system of physical culture and
sports that is national, scientific and popular.
(2) The State exercises overall management for the development of physical
culture and sports; it shall establish a regime of compulsory physical education
in the school; it shall give encouragement and assistance to various forms
of physical culture and sports activity freely practised by the people;
it shall create the necessary conditions for the unceasing expansion of
mass activity in physical culture and sports; it shall pay attention to
activities in professional sports and to the fostering of sports talent.
Article 42 [Tourism]
The State and society shall promote tourism; tourist activities shall be
expanded inside and outside the country.
Article 43 [International Cooperation]
The State shall expand international exchanges and cooperation in the fields
of culture, information, literature, art, science, technology, education,
health care, physical culture and sports.
Article 44 [National Defence]
(1) The entire people shall endeavour to defend the socialist Vietnamese
Fatherland and ensure national security.
(2) The State shall consolidate and strengthen national defence by the entire
people and the people's security, the people's armed forces being regarded
as the core, and shall develop to the full the aggregate strength of the
country to defend the national territory.
(3) All State organs, economic bodies, social organizations and all citizens
shall fulfil all their national defence and security obligations as laid
down by the law.
Article 45 [Duties of the Armed Forces]
All units of the people's armed forces must show absolute loyalty to the
Fatherland and the people; their duty is to stand ready to fight to safeguard
national independence and sovereignty, the country's unity and territorial
integrity, national security and social order, to safeguard the socialist
regime and the fruits of the revolution, and to join the entire people in
national construction.
Article 46 [The Army]
The State shall build a revolutionary people's army which shall be a well-trained
regular army to be gradually modernised; it shall built up powerful reserves
and self-defence militia by combining national construction with national
defence, the strength of the people's armed forces with that of the entire
people, the strength of the traditional unity against foreign aggression
with that of the socialist regime.
Article 47 [The Police]
The State shall build a revolutionary people's police which shall be a well-trained
regular force to be gradually modernised; this police shall rely on the
people and shall serve as the core of a popular movement to safeguard national
security and social order, political stability and the citizen's freedoms
and democratic rights, the lives and property of the people and socialist
property; it shall seek to prevent all crimes and shall fight against them.
Article 48 [Basic Principles of the National Defence
Policy]
The State shall develop to the full the people's patriotism and revolutionary
heroism, educate the entire people in matters of national defence and security,
enforce compulsory military service and an appropriate policy with regard
to soldiers' families, build up the national-defence industry to ensure
proper equipment for the armed forces. It shall harmonise national defence
with the economy and vice versa, seek to ensure proper material and spiritual
living conditions for officers and soldiers, national-defence workers and
employees. It shall build powerful people's armed forces and unceasingly
reinforce the country's national-defence potential.
Article 49 [Citizenship]
A citizen of the Socialist Republic or Vietnam is a person with Vietnamese
nationality.
Article 50 [Human Rights]
In the Socialist Republic of Vietnam human rights in the political, civic,
economic, cultural and social fields are respected. They are embodied in
the citizen's rights and are determined by the Constitution and the law.
Article 51 [Inseparabillity of Rights and Duties]
(1) The citizen's rights are inseparable from his duties.
The State guarantees the rights of the citizen; the citizen must fulfil
his duties to the State and society.
(2) The citizen's rights and duties are determined by the Constitution and
the law.
Article 52 [Equality]
All citizens are equal before the law.
Article 53 [Right to Participate]
The citizen has the right to participate in the administration of the State
and management of society, the discussion of problems of the country and
the region; he can send petitions to State organs and vote in referendums
organised by the State.
Article 54 [Right to Vote]
The citizen, regardless of nationality, sex, social background, religious
belief, cultural standard, occupation, time of residence, shall, upon reaching
the age of eighteen, have the right to vote, and, upon reaching the age
of twenty-one, have the right to stand for election to the National Assembly
and the People's Councils in accordance with the provisions of the law.
Article 55 [Right and Duty to Work]
(1) The citizen has both the right and the duty to work.
(2) The State and society shall work out plans to create ever more employment
for the working people.
Article 56 [Protection of Labour]
(1) The State shall enact policies and establish regimes for the protection
of labour.
(2) The State shall establish working times, wage scales, regimes of rest
and social insurance for State employees and wage-earners; it shall encourage
and promote other forms of social insurance for the benefit of the working
people.
Article 57 [Freedom of Enterprise]
The citizen enjoys freedom of enterprise as determined by law.
Article 58 [Ownership, Inheritance]
(1) The citizen enjoys the right of ownership with regard to his lawful
income, savings, housing, chattel, means of production funds and other possessions
in enterprises or other economic organizations; with regard to land entrusted
by the State for use, the matter is regulated by the provisions of Articles
17 and 18.
(2) The State protects the citizen's right of lawful ownership and right
of inheritance.
Article 59 [Education]
(1) Education ist both a right and duty of citizens.
(2) Primary education is compulsory and dispensed free of charge.
(3) The citizen has the right to get general education and vocational training
in various ways.
(4) With regard to school students with special aptitudes the State and
society shall create conditions for them to blossom out.
(5) The State shall enact policies regarding tuition fees and scholarships.
(6) The State and society shall create the necessary conditions for handicapped
children and other children in particularly difficult circumstances to to
enjoy appropriate general and vocational education.
Article 60 [Freedom of Science and Arts, Protection
of Copyright]
The citizen has the right to carry out scientific and technical research,
make inventions and discoveries, initiate technical innovations, rationalise
production, engage in literary and artistic creation and criticism, and
participate in other cultural activities. The State protects copyright and
industrial proprietorship.
Article 61 [Access to Health Care, Public Hygiene,
Prohibition of Drug Abuse]
(1) The citizen is entitled to a regime of health protection.
(2) The State shall establish a system of hospital fees, together with one
of exemption from and reduction of such fees.
(3) The citizen has the duty to observe all regulations on disease prevention
and public hygiene.
(4) It is strictly forbidden to produce, transport, deal in, store and use
unlawfully opium and other narcotics. The State shall enact regulations
on compulsory treatment of drug addiction and treatment of dangerous social
diseases.
Article 62 [Construction]
The citizen has the right to build dwelling-houses accord to zoning regulations
and the law. The right of tenants and landlords are protected by the law.
Article 63 [Sexual Equality]
(1) Male and female citizens have equal rights in all fields - political,
economic, cultural, social, and the family life.
(2) All acts of discrimination against women and all acts damaging women's
dignity are strictly banned.
(3) Men and women shall receive equal pay for equal work. Women workers
shall enjoy a regime related to maternity. Women who are State employees
and wage-earners shall enjoy paid pre- natal and post-natal leaves during
which they shall receive all their wages and allowances as determined by
law.
(4) The State and society shall create all necessary conditions for women
to raise their qualifications in all fields and increasingly bring into
full play their roles in society, they shall ensure the development of maternity
homes, paediatric departments, creches and other social-welfare units so
as to lighten house work and allow women to engage more actively in work
and study, undergo medical treatment, enjoy periods of rest and fulfil their
maternal duties.
Article 64 [Protection of the Family, Freedom of
Marriage]
(1) The family is the cell of society.
(2) The State protects marriage and the family.
(3) Marriage shall conform to the principles of free consent, progressive
union, monogamy and equality between husband and wife.
(4) Parents have the responsibility to bring up their children into good
citizens. Children and grandchildren have the duty to show respect to and
look after their parents and grandparents.
(5) The State and society shall recognise no discrimination among children.
Article 65 [Protection of Children]
Children enjoy protection, care and education by the family, the State and
society.
Article 66 [Promotion of Young People]
The family, the State and society shall create favourable conditions for
young people to study, work, relax, develop bodies and minds, and shall
educate them in morality, national tradition, civic consciousness and the
socialist ideal, for them to be in the van of creative labour and national
defence.
Article 67 [War Invalids, Old People, Disabled People,
Orphans]
(1) War invalids, sick soldiers, and the families of fallen soldiers and
revolutionary martyrs shall enjoy preferential treatment in State policies.
War invalids shall enjoy favourable conditions for their physical rehabilitation,
shall be given employment suited to their state of health and assistance
in securing stable living conditions.
(2) Individuals and families credited with meritorious service to the country
shall be given commendation and reward and shall be looked after.
(3) Old people, disabled people and orphans without support shall receive
State assistance.
Article 68 [Freedom of Movement]
The citizen shall enjoy freedom of movement and of residence within the
country; he can freely travel abroad and return home from abroad in accordance
with the provisions of the law.
Article 69 [Freedom of Opinion, Press, Information,
Assembly, Association, Demonstration]
The citizen shall enjoy freedom of opinion and speech, freedom of the press,
the right to be informed, and the right to assemble, form associations and
hold demonstrations in accordance with the provisions of the law.
Article 70 [Freedom of Religion]
(1) The citizen shall enjoy freedom of belief and of religion; he can follow
any religion or follow none. All religions are equal before the law.
(2) The places of worship of all faiths and religions are protected by the
law.
(3) No one has the right to infringe on the freedom of faith and religion
or to take advantage of the latter to violate State laws and policies.
Article 71 [Inviolability of the Person; Legal Guaranties
to Protect Liberty; Ban on Torture]
(1) The citizen shall enjoy inviolability of the person and the protection
of the law with regard to his life, health, honour and dignity.
(2) No one can be arrested in the absence of a ruling by the People's Court,
a ruling or sanction of the People's Office of Supervision and Control except
in case of flagrant offences. Taking a person into, or holding him in, custody
must be done with full observance of the law.
(3) It is strictly forbidden to use all forms of harassment and coercion,
torture, violation of his honour and dignity, against a citizen.
Article 72 [Presumption of Innocence, Compensation,
Rehabilition]
(1) No one shall be regarded as guilty and be subjected to punishment before
the sentence of the Court has acquired full legal effect.
(2) Any person who has been arrested, held in custody, prosecuted, brought
to trial in violation of the law shall be entitled to damages for any material
harm suffered and his reputation shall be rehabilitated. Anybody who contravenes
the law in arresting, holding in custody, prosecuting, bringing to trial
another person thereby causing him damage shall be dealt with severely.
Article 73 [Inviolability of Domicile, Secrecy of
Correspondence]
(1) The citizen is entitled to the inviolability of his domicile.
(2) No one is allowed to enter the domicile of another person without his
consent, except in cases authorised by the law.
(3) Safety and secrecy are guaranteed to the citizen correspondence, telephone
conversations and telegrams.
(4) Domiciliary searches and the opening, control, and confiscation of a
citizen's correspondence and telegrams can only be done by a competent authority
in accordance with the provisions of the law.
Article 74 [Right of Complaint and Denunciation]
(1) The citizen has the right to lodge complaints and denunciations with
the competent State authorities against the illegal doings of State organs,
economic bodies, social organizations, units of the people's armed forces,
or of any individual.
(2) The complaints and denunciations must be examined and settled by the
State authorities within the time laid down by the law.
(3) All acts violating the interests of the State, the rights and legitimate
interests of collectives and citizens shall be dealt with severely in time.
The person who has suffered loss and injury shall be entitled to damages
for any material harm suffered and his reputation rehabilitated.
(4) It is strictly forbidden to take vengeance on the person making complaints
and denunciations, or to misuse the right to make complaints and denunciations
with the aim of slandering and causing harm to another person.
Article 75 [Vietnamese People Abroad]
(1) Overseas Vietnamese make up a part of the Vietnamese nationalities community.
The State protects the legitimate interests of Vietnamese people residing
abroad.
(2) The State encourages and creates favourable conditions for Vietnamese
residing abroad to preserve the Vietnamese cultural identity, maintain close
ties with their families and native land, and to contribute to national
construction.
Article 76 [Loyality]
(1) The citizen must show loyalty to his Fatherland.
(2) To betray one's Fatherland is the most serious crime.
Article 77 [Duty of Defence]
(1) It is the sacred duty and the noble right of the citizen to defend his
Fatherland.
(2) The citizen must fulfil his military obligation and join in the all-people
national defence.
Article 78 [Respect for State Property and Public
Interest]
The citizen has the duty to respect and protect the property of the State
and the public interest.
Article 79 [Duty to Obey Laws and Rules]
The citizen has the duty to obey the Constitution and the law, join in the
safeguarding of national security and social order and the preserving of
national secrets, and respect the established rules of public life.
Article 80 [Tax Duty]
The citizen has the duty to pay taxes and perform public-interest labour
according to the provisions of the law.
Article 81 [Rights and Duties of Foreign Residents]
Foreigners residing in Vietnam must obey the Constitution and law of Vietnam;
they shall receive State protection with regard to their lives, possessions
and legitimate interests in accordance with the provisions of Vietnamese
law.
Article 82 [Asylum]
The Socialist Republic of Vietnam shall consider granting asylum to foreigners
struggling for freedom, national independence, socialism, democracy and
peace, or are harmed because of their scientific work.
Article 83 [The National Assembly]
(1) The National Assembly is the highest representative organ of the people
and the highest organ of State power of the Socialist Republic of Vietnam.
(2) The National Assembly is the only organ with constitutional and legislative
powers.
(3) The National Assembly shall decide the fundamental domestic and foreign
policies, the socio-economic tasks, the country's national-defence and security
issues, the essential principles governing the organization and activity
of the State machinery, the social relations and the activities of the citizen.
(4) The National Assembly shall exercise supreme control over all activities
of the State.
Article 84 [Duties and Powers]
The National Assembly has the following duties and powers:
1. To make and amend the Constitution; to make and amend laws; to work out
a programme for making laws and decree-laws;
2. To exercise supreme control over conformity to the Constitution, the
law and the resolutions of the National Assembly, to examine the reports
of the State President, the Standing Committee of the National Assembly,
the Government, the Supreme People's Court, the Supreme People's Office
for Supervision and Control;
3. To decide on the national socio-economic development plan;
4. To decide on the national financial and monetary policies; to decide
on planning of the State budget and allocation of the central State budget,
to approve the accounts of the State budget; to set, change, or abolish
taxes;
5. To decide on the State's policies on nationalities and policies on religions;
6. To regulate the organization and activity of the National Assembly, the
State President, the Government, the People's Courts, the People's Office
of Supervision and Control and the local administrations.
7. To elect, release from duty, remove from office the State President and
Vice-President, the Chairman of the National Assembly, the Vice-Chairmen
and members of the Standing Committee of the National Assembly, the Prime
Minister, the President of the Supreme People's Court, the Head of the Supreme
People's Office of Supervision and Control; to sanction the proposals of
the State President on the list of members of the Defence and Security Council;
to cast a vote of confidence on persons holding positions elected or approved
by the National Assembly.
8. To set up or suppress government ministries and government organs of
ministerial rank; to establish, merge, divide, or adjust the boundaries
of provinces and cities under direct central rule; to set up or disband
special administrative-economic units;
9. To abrogate all formal written documents issued by the State President,
the Standing Committee of the National Assembly, the Government, the Prime
Minister, the Supreme People's Court, and the Supreme People's Office of
Supervision and Control, that run counter to the Constitution, the law,
and resolutions taken by the National Assembly;
10. To proclaim an amnesty;
11. To institute titles and ranks on the people's armed forces, in the diplomatic
service and other State titles and ranks; to institute medals, badges and
State honours and distinctions;
12. To decide issues of war and peace; to proclaim a state of emergency
and other special measures aimed at ensuring national defence and security;
13. To decide on fundamental policies in external relations; to ratify or
nullify international treaties signed directly by the State President; to
ratify or nullify other international treaties signed or acceded to at the
proposal of the State President;
14. To hold a referendum.
Article 85 [Tenure]
(1) The duration of each National Assembly is five years.
(2) Two months before the end of its tenure, a new National Assembly shall
have been elected. The electoral procedure and the number of members of
the National Assembly shall be established by law.
(3) In special cases, with the approval of at least two-thirds of its members,
the National Assembly can either reduce or prolong its period of tenure.
Article 86 [Sessions]
(1) The National Assembly shall hold two sessions each year, to be convened
by its Standing Committee.
(2) When so required by the State President, the Prime Minister, or at least
one-third of the total membership of the National Assembly, or in pursuance
of its own decision, the Standing Committee may convene an extraordinary
session of the National Assembly.
(3) The first session of the newly-elected National Assembly shall be convened
two months after its election at the latest; it shall be opened and presided
over by the chairman of the outgoing Assembly until the election by the
incoming Assembly of its chairman.
Article 87 [Submission of Draft Laws]
(1) The State President, the Standing Committee of the National Assembly,
the Nationalities Council and Committees of the National Assembly, the Government,
the Supreme People's Court, the Supreme People's Office of Supervision and
Control, the Vietnam Fatherland Front and its member organizations may submit
draft laws to the National Assembly.
(2) Members of the National Assembly may present motions concerning laws
and draft laws to the National Assembly.
(3) The procedure for the presentation to the National Assembly of draft
laws and motions concerning laws shall be established by law.
Article 88 [Adoption of Laws and Resolutions]
(1) Laws and resolutions of the National Assembly must be approved by the
majority of its members; but decisions taken by the National Assembly to
remove from office one of its members as stipulated in Article 7, to reduce
or prolong its tenure as stipulated in Article 85 and to amend the Constitution
as stipulated in Article 147 must be approved by at least two-thirds of
its total membership.
(2) Laws and resolutions of the National Assembly must be made public fifteen
days after their adoption at the latest.
Article 89 [Credentials Committee]
The National Assembly shall elect a Credentials Committee and base itself
on the report of the Committee to confirm the capacity of its members.
Article 90 [Standing Committee]
(1) The Standing Committee of the National Assembly is its permanent Committee.
(2) It is composed of:
- the Chairman of the National Assembly,
- the Vice-Chairmen of the National Assembly;
- the members.
(3) The membership of the Standing Committee shall be determined by the
National Assembly. A member of the Standing Committee of the National Assembly
cannot be at the same time a member of the Government.
(4) The Standing Committee of each legislature shall fulfil its tasks and
exercise its powers until the election by the new legislature of a new Standing
Committee.
Article 91 [Duties and Powers of the Standing Committee]
The Standing Committee of the National Assembly has the following duties
and powers:
1. To call and preside over the election of the National Assembly,
2. To prepare for, to convene, and preside over the sessions of the National
Assembly;
3. To interpret the Constitution, the law, and decree-laws;
4. To enact decree-laws on matters entrusted to it by the National Assembly;
5. To exercise supervision and control over the implementation of the Constitution,
the law, the resolutions of the National Assembly, decree-laws, the resolutions
of the Standing Committee of the National Assembly; over the activities
of the Government, the Supreme People's Court, the Supreme People's Office
of Supervision and Control; to suspend the execution of the formal written
orders of the Government, the Prime Minister, the Supreme People's Court,
the Supreme People's Office of Supervision and Control, that contravene
the Constitution, the law, the resolutions of the National Assembly; to
report the matter to the National Assembly for it to decide the abrogation
of such orders; to repeal the written orders of the Government, Prime Minister,
the Supreme People's Court, the Supreme People's Office of Supervision and
Control that are contrary to the decree-laws and resolutions of the Standing
Committee of the National Assembly;
6. To exercise supervision and control over, and to give guidance to the
activities of the People's Councils; to annul wrong resolutions by the People's
Councils of provinces and cities under direct central rule; to disband People's
Councils of provinces and cities under direct central rule whenever such
Councils cause serious harm to the interests of the people;
7. To direct, harmonise, and co-ordinate the activities of the Nationalities
Council and the Committees of the National Assembly, to give guidance to,
and to ensure good working conditions for, members of the National Assembly;
8. In cases where the National Assembly cannot meet, to decide on proclaiming
the state of war when the country is invaded, and report it to the National
Assembly for consideration and decision at its nearest session;
9. To proclaim general or partial mobilisation; to proclaim a state of emergency
throughout the country or in a particular region;
10. To carry out the National Assembly's external relations;
11. To organise a referendum as decided by the National Assembly.
Article 92 [Chairman]
(1) The Chairman of the National Assembly shall preside over its sessions;
authenticate through his signature laws and resolutions of the National
Assembly; give leadership to the activities of its Standing Committee; organise
the carrying out of its external relations; maintain relationship with its
members.
(2) The Vice-Chairmen of the National Assembly shall assist the Chairman
in the fulfilment of his duties as required by him.
Article 93 [Laws and Resolutions of the Standing Committee]
The decree-laws and resolutions of the Standing Committee of the National
Assembly must be approved by more that half of its membership. They must
be made public fifteen days following their adoption at the latest, except
in case they are presented by the State President to the National Assembly
for review.
Article 94 [Nationalities Council]
(1) The National Assembly shall elect a Nationalities Council comprising
the Chairman, Vice-Chairmen, and members.
(2) The Nationalities Council studies and makes proposals to the National
Assembly on issues concerning the nationalities; supervises and controls
the implementation of policies on nationalities, the execution of programmes
and plans for socio-economic development of the highlands and regions inhabited
by national minorities.
(3) Prior to the promulgation of decisions related to nationalities policies,
the Government must consult the Nationalities Council.
(4) The Chairman of the Nationalities Council can sit in on meetings of
the Standing Committee of the National Assembly and meetings of the Government
at which are discussed ways of putting into effect policies on nationalities.
(5) The Nationalities Council has also other duties and powers as assigned
to the Committees of the National Assembly in Article 95.
(6) A number of members of the Nationalities Council are in charge of special
tasks.
Article 95 [Election of Committees]
(1) The National Assembly shall elect its Committees.
(2) The Committees of the National Assembly study and check draft laws,
make proposals concerning laws, draft decree-laws and other drafts, and
reports entrusted to them by the National Assembly or its Standing Committee;
present to the National Assembly and its Standing Committee their views
on legislative programmes; exercise supervision and control within the bounds
determined by law; make proposals concerning issues within their fields
of activity.
(3) A number of members of each Committee are in charge of special tasks.
Article 96 [Access to Information]
(1) The Nationalities Council and the Committees of the National Assembly
can require members of the Government, the President of the Supreme People's
Court, the Head of the Supreme People's Office of Supervision and Control,
and other State officials to report or supply documents on certain necessary
matters. Those to whom such requests are made must satisfy them.
(2) It is the responsibility of State organs to examine and answer the proposals
made by the Nationalities Council and the Committees of the National Assembly.
Article 97 [Duties of the Representatives]
(1) The deputy to the National Assembly represents the will and aspirations
of the people, not only of his constituency but of the whole country.
(2) The deputy to the National Assembly must maintain close ties with the
electors; submit himself to their control; collect and faithfully reflect
their views and aspirations for the consideration of the National Assembly
and the State organs concerned; maintain regular contacts with and make
reports to the electors on his own activities and the National Assembly's;
answer the requests and proposals of the electors; examine, activate and
keep track of the way citizens' complaints and denunciations are dealt with,
and give guidance and assistance to citizens seeking to exercise their rights.
(3) The deputy to the National Assembly shall popularise and urge the people
to implement the Constitution, laws and resolutions of the National Assembly.
Article 98 [Rights of the Representatives]
(1) The deputy to the National Assembly has the right to interpellate the
State President, the Chairman of the National Assembly, the Prime Minister,
Cabinet Ministers and other members of the Government, the President of
the Supreme People's Court, and the Head of the Supreme People's Office
of Supervision and Control.
(2) The interpellated officials must give an answer at the current session;
in case an inquiry is needed the National Assembly may decide that the answer
should be given to its Standing Committee or at one of its own subsequent
sessions, or may allow the answer to be given in writing.
(3) The deputy to the National Assembly has the right to request State organs,
social organizations, economic bodies, and units of the armed forces to
answer questions on matters with which he is concerned. The people in charge
of those organs, organizations, bodies and units have the responsibility
to answer questions put by the deputy within the time limit set by the law.
Article 99 [Immunity]
(1) A member of the National Assembly cannot be arrested or prosecuted without
the consent of the National Assembly and, in the intervals between its sessions,
without the consent of its Standing Committee.
(2) In case of a flagrant offence and the deputy is taken into temporary
custody, the organ effecting his arrest must immediately report the facts
to the National Assembly or its Standing Committee for it to examine them
and take a decision.
Article 100 [Duties and Rights of the Representatives]
(1) The deputy to the National Assembly must devote the necessary time to
his work.
(2) It is the responsibility of the Standing Committee of the National Assembly,
the Prime Minister, the Cabinet Ministers, the other members of the Government,
and the other State organs to supply him with the material he requires and
to create the necessary conditions for him to fulfil his duty.
(3) The State shall ensure that he has the money necessary to his activities.
Article 101 [The State President]
The State President is the Head of State and represents the Socialist Republic
of Vietnam internally and externally.
Article 102 [Election, Responsibilty]
(1) The State President shall be elected by the National Assembly from among
its members.
(2) He is responsible to the National Assembly for his work and reports
to it.
(3) His term of office follows that of the National Assembly. At the end
of the latter's tenure he shall continue in office until a new President
of the State is elected by the new legislature.
Article 103 [Duties and Powers]
The State President has the following duties and powers:
1. To promulgate the Constitution, laws and decree-laws;
2. To have overall command of the armed forces and hold the office of Chairman
of the National Defence and Security Council;
3. To propose to the National Assembly to elect, release from duty, remove
from office, the Vice-President of the State, the Prime Minister, the President
of the Supreme People's Court, the Head of the Supreme People's Office of
Supervision and Control;
4. On the basis of resolutions of the National Assembly, to appoint, release
from duty or dismiss Deputy Prime Ministers, Ministers and other members
of the Government;
5. On the basis of resolutions of the National Assembly or its Standing
Committee to proclaim a state of war; to proclaim an amnesty;
6. On the basis of resolutions of the Standing Committee of the National
Assembly, to issue order on general mobilization or limited mobilization,
to declare the state of emergency; in cases where the National Assembly
Standing Committee cannot meet, to declare the state of emergency nationwide
or in a locality;
7. To propose to the National Assembly Standing Committee to revise its
ordinances within ten days from the date these ordinances were passed; if
such ordinances are still voted for by the National Assembly Standing Committee
against the State President's disapproval, the State President shall report
it to the National Assembly for decision at its nearest session;
8. To appoint, release from duty, dismiss the Vice-Presidents and judges
of the Supreme People's Court, the Deputy Head and members of the Supreme
People's Office of Supervision and Control;
9 To decide on the conferment of titles and ranks on senior officers of
the people's armed forces, the ambassadorial title and rank and the State
titles and ranks in other domains; to decide on the award of medals, badges,
State prizes and State honors and distinctions;
10. To appoint and recall Vietnam's ambassadors extraordinary and plenipotentiary;
to accept foreign ambassadors extraordinary and plenipotentiary; to negotiate
and conclude international agreements in the name of the State of the Socialist
Republic of Vietnam with the heads of other States; to submit to the National
Assembly for ratification international agreements directly signed by him/her;
to decide on ratification of, or accession to international treaties, except
where they must be submitted to the National Assembly for decision;
11. To grant Vietnamese nationality, release from Vietnamese nationality,
or deprive of Vietnamese nationality;
12. To grant pardons.
Article 104 [The National Defence and Security Council]
(1) The National Defence and Security Council consists of a Chairman, Vice
Chairmen and other members.
(2) The State President shall propose a list of members of the National
Defence and Security Council to the approval of the National Assembly. Members
of the National Defence and Security Council shall not necessarily be members
of the National Assembly.
(3) The National Defence and Security Council shall mobilise all forces
and potentialities of the country for national defence.
(4) In case of war the National Assembly can entrust the National Defence
and Security Council with special duties and powers.
(5) The National Defence and Security Council shall operate as a collegium
and take its decisions by a vote of the majority.
Article 105 [Attendance Rights]
(1) The State President is entitled to attend sessions of the Standing Committee
of the National Assembly.
(2) Whenever he deems it necessary he can attend meetings of the Government.
Article 106 [Orders and Decisions]
The State President shall issue orders and decisions for the accomplishment
of his duties and the exercise of his powers.
Article 107 [The Vice-President]
(1) The Vice-President of the State shall be elected by the National Assembly
from among its members.
(2) He shall assist the State President in the performance of his duties
and may be delegated by him to perform certain tasks.
Article 108 [Powers of the Vice-President]
(1) When the State President is incapacitated for work over a long period
of time, the Vice-President shall act as President.
(2) In case of vacancy of the State Presidency, the Vice-President shall
be acting President until the election of a new President by the National
Assembly.
Article 109 [The Government]
(1) The Government is the executive organ of the National Assembly, the
highest organ of State administration of the Socialist Republic of Vietnam.
(2) The Government shall carry out overall management of the work for the
fulfilment of the political, economic, cultural, social, national-defence,
security and external duties of the State; it shall ensure the effectiveness
of the State apparatus from the centre to the grassroots; it shall ensure
respect for and implementation of the Constitution and the law; it shall
promote the mastery of the people in national construction and defence;
it shall ensure security and the improvement of the people's material and
cultural living conditions.
(3) The Government is accountable to the National Assembly and shall make
its reports to the National Assembly, its Standing Committee, and the State
President.
Article 110 [Members of the Government]
(1) The Government shall be composed of the Prime Minister, the Deputy Prime
Ministers, the Cabinet Ministers, and other members. With the exception
of the Prime Minister, its members are not necessarily members of the National
Assembly.
(2) The Prime Minister is accountable to the National Assembly and shall
make his reports to the National Assembly, its Standing Committee, and the
State President.
(3) The Deputy Prime Ministers shall assist the Prime Minister in the performance
of his duties, as required by him. In the absence of the Prime Minister,
one of his Deputies shall be delegated by him to direct the work of the
government.
Article 111 [Attendance of Chairmen]
The Chairman of the Central Committee of the Vietnam Front, the Chairman
of the Vietnam Federation of Labour and the heads of mass organizations
shall be invited to attend the sessions of the Government when relevant
problems come up for discussion.
Article 112 [Duties and Powers]
The Government has the following duties and powers:
1. To direct the work of the ministries, the organs of ministerial rank
and the organs of the Government, the People's Committees at all levels;
to build and consolidate the unified system of the apparatus of State administration
from the centre to the grassroots; to guide and control the People's Councils
in their implementation of the directives of superior organs of State administration;
to create favourable conditions for the People's Councils to fulfil their
duties and exercise their powers as laid down by law, to train, foster,
dispose and use State officials and employees;
2. To ensure the implementation of the Constitution and the law in State
organs, economic bodies, social organizations, units of the armed forces,
and among the citizens; to organise and direct propaganda and educational
work among the people concerning the Constitution and the law;
3. To present draft laws, decree-laws and other projects to the National
Assembly and its Standing Committee;
4. To ensure the overall management of the building and development of the
national economy; to carry into effect national financial and monetary policies;
to manage and ensure the effective use of property in the ownership of the
entire people; to promote the development of culture, education, health
care, science and technology; to carry out the plan for socio-economic development
and to give effect to the State budget;
5. To take measures to protect the rights and legitimate interests of the
citizen, to create conditions for him to exercise his rights and fulfil
his duties, to protect the property and interests of the State and society;
to protect the environment;
6. To consolidate and strengthen national defence by the entire people and
the people's security; to ensure national security and social order; to
build the people's armed forces; to carry into effect general mobilisation,
to proclaim the state of emergency and all other necessary measures to defend
the country;
7. To organise and direct the conduct of State inventories and statistics;
State inspection and control; to fight bureaucratism and corruption in the
State machinery; to settle complaints and denunciations by citizens;
8. To ensure the overall management of the State's external relations; to
negotiate and conclude international agreements in the name of the State
of the Socialist Republic of Vietnam, except for cases prescribed in Clause
10 of Article 103; to negotiate, sign, ratify and accede to international
agreements in the name of the Government; to direct the implementation of
international agreements which the Socialist Republic of Vietnam has concluded
or acceded to; to protect the interests of the State, the legitimate interests
of Vietnamese organizations and citizens in foreign countries;
9. To implement social policies, nationalities policies, policies on religion;
10. To take decisions in the adjustment of the boundaries of administrative
units below the level of the province and the city under direct central
control;
11. To coordinate its efforts with those of the Vietnam Front and all mass
organizations in the fulfilment of their duties and exercise of their rights;
to create conditions for their effective functioning.
Article 113 [Tenure]
The tenure of the Government is the same as that of the National Assembly.
When the latter's tenure ends the Government shall continue in office until
the new legislature establishes a new Government.
Article 114 [Duties and Powers of the Prime Ministers]
The Prime Minister has the following duties and powers:
1. To direct the work of the Government, the Government members, the People's
Councils at all levels; to chair Cabinet meetings;
2. To propose the National Assembly to establish or dissolve ministries
and ministerial-level agencies; to submit to the National Assembly for approval
proposals on appointment, release from duty or dismissal of Deputy Prime
Ministers, Ministers and other members of the Government;
3. To appoint, release from duty, or dismiss Vice-Ministers and officials
of equal rank; approve the election, release from duty, secondment, and
dismissal of Chairmen and Deputy Chairmen of People's Committees of provinces
and cities under direct central rule;
4. To suspend or annul decisions, directives and circulars of Cabinet Ministers
and other Government members, decisions and directives of People's Councils
and Chairmen of People's Committees of provinces and cities under direct
central rule that contravene the Constitution, the law, and other formal
written documents of superior State organs;
5. To suspend the execution of resolutions of People's Councils of provinces
and cities under direct central rule that contravene the Constitution, the
law, and formal written orders of superior State organs; at the same time
to propose to the Standing Committee of the National Assembly to annul them;
6. To make regular reports to the people through the mass media on major
issues to be settled by the Government.
Article 115 [Law Making Power]
(1) On the basis of the Constitution, the law, and the resolutions of the
National Assembly, the decree-laws and resolutions of the latter's Standing
Committee, the orders and decisions of the State President, the Government
shall issue resolutions and decrees, the Prime Minister shall issue decisions
and directives and shall supervise the execution of those formal written
orders.
(2) Important issues falling within the competence of the Government must
be discussed collectively and decisions thereon adopted by majority.
Article 116 [Duties and Powers of Government Members]
(1) Cabinet Ministers and other Government members shall be responsible
for State administration in the fields and branches under their respective
authority throughout the country; they shall ensure the autonomy of grassroots
units in production and trading according to the provisions of the law.
(2) On the basis of the Constitution, the law, and the resolutions of the
National Assembly, the decree-laws and resolutions of the latter's Standing
Committee, the orders and decisions of the country's President, the written
orders of the Government and the Prime Minister, the Cabinet Ministers and
the other Government members shall issue decisions, directives and circulars
and shall control the execution of these formal written instructions by
all branches, regions and grass roots units.
Article 117 [Responsibility of the Government Members]
Cabinet Ministers and the other Government members shall be responsible
to the Prime Minister and the National Assembly for the fields and branches
under their respective authority.
Article 118 [Administrative Units]
(1) The administrative units of the Socialist Republic of Vietnam are distributed
as follows:
(2) The country is divided into provinces and cities under direct central
rule.
(3) The province is divided into districts, provincial cities, and towns;
the city under direct central rule is divided into urban districts, rural
districts, and towns.
(4) The district is divided into communes and townlets; the provincial city
and the town are divided into wards and communes; the urban district is
divided into wards.
(5) The establishment of People's Councils and People's Committees in administrative
units is determined by law.
Article 119 [The People's Council]
The People's Council is the local organ of State power; it represents the
will, aspirations, and mastery of the people; it is elected by the local
people and is accountable to them and to the superior State organs.
Article 120 [Powers of the People's Council]
On the basis of the Constitution, the law, and the formal written orders
of superior State organs the People's Council shall pass resolutions on
measures for the serious implementation of the Constitution and the law
at local level; on the plan for socio-economic development and the execution
of the budget; on national defence and security at local level; on measures
for stabilising and improving the people's living conditions, fulfilling
all duties entrusted by the superior authorities and all obligations to
the country as a whole.
Article 121 [Representatives to the People's Council]
(1) The deputy to the People's Council represents the will and aspirations
of the local people; he must maintain close ties with the electors, submit
himself to their control, keep regular contact with them, regularly report
to them on his activities and those of the People's Council, answer their
requests and proposals; look into and activate the settlement of the people's
complaints and denunciations.
(2) It is the duty of the deputy to the People's Council to urge the people
to abide by the law and State policies, the resolutions of the People's
Council, and to encourage them to join in State administration.
Article 122 [Rights of the Representatives]
(1) The deputy to the People's Council has the right to interpellate the
Chairman of the People's Council, the Chairman and other members of the
People's Committee, the President of the People's Court, the Head of the
People's Office of Supervision and Control, and the heads of organs under
the People's Committee. The interpellated officials must answer this interpellation
within the time determined by law.
(2) The deputy to the People's Council has the right to make proposals to
local State organs. The officials in charge of these organs have the responsibility
to receive him, and to examine and settle the issues raised in his proposals.
Article 123 [The People's Committee]
The People's Committee elected by the People's Council is the latter's executive
organ, the organ of local State administration. It is its responsibility
to implement the Constitution, the law, the formal written orders of superior
State organs and the resolutions of the People's Council.
Article 124 [Powers of the People's Committee and its Chairman]
(1) Within the bounds of its duties and powers the People's Committee shall
issue decisions and directives and supervise their execution.
(2) The Chairman of the People's Committee shall give leadership and operational
guidance to the activities of the People's Committee.
(3) When deciding major local matters, the People's Committee shall undertake
collegial discussion and its decisions must conform to the will of the majority.
(5) The Chairman of the People's Committee can suspend or annul the wrong
decisions of organs under the People's Committees and People's Councils
of a lower rank; it can suspend wrong resolutions of People's Councils of
a lower rank and at the same time propose to the People's Council at his
own level to annul such resolutions.
Article 125 [Attendance Rights]
(1) The Chairmen of the Vietnam Fatherland Front committee and the heads
of mass organizations in the locality shall be invited to attend sessions
of the People's Council and to attend meetings of the People's Committee
at the same level when relevant problems are discussed.
(2) The People's Council and the People's Committee shall make regular reports
on the local situation in all fields to the Front and the mass organizations;
shall listen to their opinions and proposals on local power building and
socio-economic development; shall cooperate with them in urging the people
to work together with the State for the implementation of socio-economic,
national-defence, and security tasks in the locality.
Article 126 [Duty of the Institutions]
It is the duty of the People's Court and the People's Office of Supervision
and Control to, within the bounds of their functions, safeguard socialist
legality, the socialist regime and the people's mastery, the property of
the State and the collectives, the lives, property, freedom, honour and
dignity of the citizen.
The People's Court
Article 127 [Establishment of the Courts]
(1) The Supreme People's Court, the local People's Courts, the Military
Tribunals and the other tribunals established by law are the judicial organs
of the Socialist Republic of Vietnam.
(2) Under special circumstances, the National Assembly may decide to set
up a Special Tribunal.
(3) At the grassroots appropriate popular organizations shall be set up
to deal with minor offences and disputes among the people according to the
provisions of the law.
Article 128 [Tenure]
(1) The tenure of the President of the Supreme People's Court shall be the
same as that of the National Assembly.
(2) The regime of the appointment, release from duty, dismissal, and the
tenure of office of the judges; the system of election and the tenure of
office of people's assessors in People's Courts at every level shall be
determined by law.
Article 129 [Trials]
Trials before People's Courts with the participation of people's assessors
and before Military Tribunals with the participation of military assessors
shall be conducted in conformity with the provisions of the law. During
a trial the assessors shall be on an equal footing with the judges.
Article 130 [Independence of the Judges]
During a trial the judges and assessors are independent and shall only obey
the law.
Article 131 [Public Hearings, Majority Principle]
(1) The People's Courts shall hold their hearings in public, except in cases
determined by law.
(2) The People's Courts shall try their cases collegially and their decisions
shall be in conformity with the will of the majority.
Article 132 [Rights of the Defendant]
(1) The right of the defendant to be defended is guaranteed. The defendant
can either conduct his own defence or ask someone else to do it.
(2) An organization of barristers shall be set up to help the defendant
and other parties in a law case to defend their rights and legitimate interests
and contribute to the safeguarding of socialist legality.
Article 133 [Free Choice of Language]
The People's Courts shall guarantee that citizens of the Socialist Republic
of Vietnam who are members of various nationalities can use their own respective
languages and systems of writing in court.
Article 134 [The Supreme People's Court]
(1) The Supreme People's Court is the highest judicial organ of the Socialist
Republic of Vietnam.
(2) It supervises and directs the judicial work of Special People's Courts
and Military Tribunals.
(3) It supervises and directs the judicial work of Special Tribunals and
other tribunals, unless otherwise prescribed by the National Assembly at
the establishment of such Tribunals.
Article 135 [The President of the Supreme People's
Court]
(1) The President of the Supreme People's Court is responsible and makes
his reports to the National Assembly and, when the latter is not in session,
to its Standing Committee and to the State President.
(2) The President of the local People's Court is responsible to and makes
his reports to the People's Council.
Article 136 [Binding Effect of the Sentences and
Decisions]
The sentences and decisions of the People's Court which have acquired legal
effect must be respected by State organs, economic bodies, social organizations,
people's armed units and all citizens; they must be seriously implemented
by the individuals and organs concerned.
The People's Office of Supervision and Control
Article 137 [Duties]
(1) The Supreme People's Office of Supervision and Control shall exercise
the right to prosecution and control judicial activities, thus contributing
to ensuring that laws are strictly and uniformly observed.
(2) The local Offices of Supervision and Control and the Military Offices
of Supervision and Control shall exercise the right to prosecution and control
judiciary activities within the scope of their responsibilities prescribed
by law.
Article 138 [The Heads of the Offices, Majority Principle,
Tenure]
(1) A People's Office of Supervision and Control is directed by its Head.
The Heads of inferior Offices are subject to the leadership of the Heads
of superior Offices. The Heads of local Offices of Supervision and Control
and the Heads of Military Offices of Supervision and Control are subject
to the overall leadership of the Head of the Supreme People's Office of
Supervision and Control.
(2) The setting up of the Committee of Supervision and Control, the problems
to be settled by the Head of the People's Office of Supervision and Control,
the major issues to be discussed and settled by the Committee of Supervision
and Control in conformity with the will of the majority, are to be prescribed
by law.
(3) The tenure of the Head of the Supreme People's Office of Supervision
and Control is the same as that of the National Assembly.
(4) The Heads, Deputy Heads and members of the local People's Offices of
Supervision and Control and of Military Offices of Supervision and Control
in military zones and areas shall be appointed, released from duty, or dismissed
by the Head of the Supreme People's Office of Supervision and Control.
Article 139 [Reports to the National Assembly]
The Head of the Supreme People's Office of Supervision and Control shall
be responsible and shall make his reports to the National Assembly and,
when the latter is not in session, to its Standing Committee and to the
State President.
Article 140 [Responsibility of the Local Heads]
The Heads of the local People's Offices of Supervision and Control are responsible
for reporting to the People's Councils on the observance of the law in their
localities, and answer the questions raised by the deputies to the People's
Councils.
Article 141 [The National Flag]
The national Flag is rectangular in shape, its width being equal to two-thirds
of its length; in the middle of a red background is a five-pointed gold
star.
Article 142 [The National Emblem]
The National Emblem is circular in shape; in the middle of a red background
is a five-pointed gold star framed by rice ears below which is half a cog
wheel and the inscription "Socialist Republic of Vietnam".
Article 143 [The National Anthem]
The national anthem of the Socialist Republic of Vietnam is the music and
words of the "March to the Front".
Article 144 [The Capital]
The capital of the Socialist Republic of Vietnam is Hanoi.
Article 145 [The National Day]
The day of the Declaration of Independence, the Second of September 1945,
is the National Day.
Article 146 [Legal Effect of the Constitution]
(1) The Constitution of the Socialist Republic of Vietnam is the fundamental
law of the State and has the highest legal effect.
(2) All other legal documents must conform to the Constitution.
Article 147 [Amendments to the Constitution]
The National Assembly alone shall have the right to amend the Constitution.
An amendment to the Constitution must be approved by at least two-thirds
of its total membership.