CONSTITUTION OF VIETNAM
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, 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 2 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 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 motherland, and brought to
completion the people's national democratic revolution. On 2 July 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 internationalist duty.
In successive periods of resistance war and national construction, our
country adopted the 1946, 1959, and 1980 Constitutions.
Starting in 1986, 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 institutionlizes 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, carrying into
effect the Programme of national construction in the period of transition to
socialism, the Vietnamese peoples vow to unite millions as one, uphold the spirit
of selt-reliance in building the country, carry out a foreign policy of
independence, sovereignty, peace, friendship and co-operation with all nations,
strictly abide by the Constitution, and win ever greater successes in their effort
to renovate, build and defend their motherland.
Chapter I
THE SOCIALIST REPUBLIC OF VIETNAM
THE POLITICAL REGIME
-
- ARTICLE 1:
The Socialist Republic of Vietnam is an independent and sovereign
country enjoying unity and territorial integrity, including its mainland, island,
territorial waters and air space.
-
- ARTICLE 2:
The Socialist Republic of Vietnam is a State of the people, from the
people, for the people. All State power belong to the people and is based on an
alliance between the working class, the peasantry, and the intelligentsia.
-
- ARTICLE 3:
The State guarantees and unceasingly promotes the people's mastery in
all fields, and severely punishes all acts violating the interests of the motherland
and the people ; it strives to build a rich and strong country in which social
justice prevails, all men have enough to eat and to wear, enjoy freedom,
happiness and all necessary conditions for complete development.
-
- ARTICLE 4:
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.
All Party organizations operate within the framework of the Constitution
and the law.
-
- ARTICLE 5:
The Socialist Republic of Vietnam is the unified State of all nationalities
living on the territory of Vietnam.
The State carries out a policy of equality, solidarity and mutual assistance
among all nationalities, and forbids all acts of national discrimination and
division.
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.
The State carries out a policy of comprehensive development and
gradually raises the material and spiritual living conditions of the national
minorities.
-
- ARTICLE 6:
The people make use of State 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.
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 to the National Assembly and the People's Councils are held in
accordance with the principles of universal, equal, direct, and secret suffrage.
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:
All Sate organs, cadres and employees must show respect for the people,
devotedly serve them, maintain close links with them, listen to their opinions and
submit themselves to their control; all manifestations of bureaucratism,
arrogance, arbitrariness and corruption shall be vigorously opposed.
-
- ARTICLE 9:
The Vietnam Fatherland Front and its member organizations constitute the
political base of people's power. 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 people's power, works together
with the State for the care and protection of the people's legitimate interests,
encourages the people to exercise their right to mastery, ensures the strict
observance of the Constitution and the law, and supervises the activity of State
organs, elected representatives, and State officials and employees.
The State shall create favourable conditions for the effective functioning
of the Fatherland Front and its component organizations.
-
- ARTICLE 10:
The Trade Unions, being the socio-political organization of the working
class and the toiling people, joints 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 workers, employees and other labouring people
to work well for national construction and defence.
-
- ARTICLE 11:
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 civil rights and interests, maintain national security and
social order, and organize public life.
-
- ARTICLE 12:
The State exercises the administration of society by means of the law; it
shall unceasingly strengthen socialist legality.
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.
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:
The Vietnamese motherland is sacred and inviolable.
All machinations and acts directed against the independence,
sovereignty, unity, and territorial integrity of the motherland, against the
construction and defence of the socialist Vietnam motherland, shall be severely
punished in accordance with the law.
-
- ARTICLE 14:
The Socialist Republic of Vietnam carries out a policy of peace and
friendship, seeks to expand its relations and co-operation with all countries in the
world regardless of political and social system 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 interests; it seeks to strengthen
solidarity, friendship and co-operation with 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.
Chapter II
ECONOMIC SYSTEM
-
- ARTICLE 15:
The State promotes a multi-component commodity economy functioning
in accordance with market mechanisms under the management of the State and
following the socialist orientation. The multi-component economic structure with
various forms of organization of production and trading is based on a system of
ownership by the entire people, by collectives, and by private individuals, of
which ownership by the entire people and by collectives constitutes the
foundation.
-
- ARTICLE 16:
The aim of the State's economic policy is to make the people rich and the
country strong, satisfy to an ever greater extent the people's material and
spiritual by releasing all productive potential, developing all latent possibilities of
all components of the economy - the State sector, the collective sector, the
private individual sector, the private capitalist sector, and the State capitalist
sector in various forms - pushing on with the construction of material and
technical bases, broadening economic, scientific, technical co-operation and
expanding intercourse with world markets.
-
- ARTICLE 17:
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:
The State manages all the land in accordance with the plan and the law,
and guarantees that its use shall conform to the set objectives and yield effective
results.
The State shall entrust land to organizations and private individuals for
stable and lasting use.
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 sector shall be consolidated and developed, especially in key
branches and areas, and play the leading role in the national economy.
The State-run enterprises enjoy autonomy in production and trading and
shall guarantee that production and trading are to yield effective results.
-
- ARTICLE 20:
The collective sector growing out of the pooling by citizens of funds and
efforts for co-operative production and trading shall be organized in various
forms following the principles of free consent, democracy, and mutual benefit.
The State shall create favourable conditions for consolidating and
broadening the co-operatives and allowing them to operate efficiently.
-
- ARTICLE 21:
In the private individual and private capitalist sectors people can adopt
their own ways of organizing production and trading; they can set up enterprises
of unrestricted scope in fields of activity which are beneficial to the country and
the people. Encouragement shall be given to the development of the family
economy.
-
- ARTICLE 22:
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.
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:
The lawful property of individuals and organizations shall not be
nationalized.
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.
The formalities of the forcible purchase of requisition shall be determined
by law.
-
- ARTICLE 24:
The State manages and expand 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:
The State encourage foreign organizations and individuals to invest funds
and technologies in Vietnam in conformity with Vietnamese law and intern
ational law and usage; it guarantees the right to lawful ownership of funds,
property and other interests by foreign organizations and individuals. Enterprise
with foreign investments shall not be nationalized.
The State creates favourable conditions for Vietnamese residing abroad
to invest in the country.
-
- ARTICLE 26:
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:
The State shall practice economy in all its economic, social and
managerial activities.
-
- ARTICLE 28:
All illegal production and trading activities, all acts wrecking the national
economy and damaging interests of the State, the rights and lawful interests of
collectives and individual citizens shall be dealt with severely and equitably by
the law.
The State shall enact policies protecting the rights and interests of the
producers and the consumers.
-
- ARTICLE 29:
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.
All acts likely to bring about exhaustion of natural wealth and to cause
damage to the environment are strictly forbidden.
Chapter III
CULTURE, EDUCATION, SCIENCE, TECHNOLOGY.
-
- ARTICLE 30:
The State and society seek to preserve and develop Vietnamese culture,
which shall be national, modern, and humanistic, it shall inherit and promote the
values of the cultures of all nationalities in Vietnam, the thought, morality and
style of Ho Chi Minh, the quintessence of human culture; all creative talent
activities the people shall be developed to the full.
The State undertakes the overall administration of cultural activities. The
propagation of all reactionary and depraved thought and culture is forbidden;
superstitions and harmful customs are to be eliminated.
-
- ARTICLE 31:
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 co-operation with all nations in the world.
-
- ARTICLE 32:
Literature and art contribute to fostering the personality of and nurturing
spiritual nobility and beauty in the Vietnamese people.
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 activity; it shall give its patronage to creative talent in
literature and the arts.
The State shall promote diversity in literature and arts; it shall give
encouragement to mass literary and artistic activities.
-
- ARTICLE 33:
The State shall promote information work, the press, radio, television,
cinema, publishing, libraries and other means of mass communication. The
State shall strictly band all activities in the fields of culture and information that
are detrimental to national interests, and destructive of the personality, morals,
and fine lifestyle of the Vietnamese.
-
- ARTICLE 34:
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, seek to obtain the best effects from, historical
vestiges, revolutionary relics, items of the national heritage, artistic works, and
places with beautiful scenery.
All acts infringing historical vestiges, revolutionary relics, art works and
places with beautiful scenery are strictly forbidden.
-
- ARTICLE 35:
Education and training are top-priority policies.
The State develops educational work with a view to heightening the
people's spirit, training manpower, and fostering talent.
The aim of education is to form and nurture the personality, moral
qualities, and abilities of the citizen, to train working people and equip them with
skills, to imbue them with dynamism and creativeness, national pride, good
morality, and the will to strive for national prosperity, so as to meet the need to
build and defend the country.
-
- ARTICLE 36:
The State undertakes the overall management of the national system of
education with regard to the objectives, contents, plans, the standards required
of teachers, the regulations governing examinations and the system of diplomas
and certificates.
The State shall ensure the harmonious development of the educational
system: per-school education, general education, vocational training, college
and post-graduate education; it shall enforce the generalization of primary
education, eliminate illiteracy; it shall develop various educational institutions :
State-run schools, people-run schools, and others.
The State gives priority investment to education and encouragement to
other investors.
Priority investment is reserved for educational work in the highland, in
regions inhabited by national minorities and in regions encountering special
difficulties.
Mass organizations, first of all the Ho Chi Minh Communist Youth Union,
social organizations, economic bodies, the family and the school all bear
responsibility for the education of the youth, teenagers and children.
-
- ARTICLE 37:
Science and technology play a key role in the country's socio-economic
development.
The State works out and implements a national policy on science and
technology; strives to build an advanced science and technology; sees to a well-
co-ordinated development of all scientific branches with the aim of laying a
scientific groundwork for the enactment of lines, policies and laws, renovating
technologies, promoting productive forces, upgrading managerial skills, ensuring
proper standards and rate of economic development, and contributing to national
defence and security.
-
- ARTICLE 38:
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, devices
many forms of organization and activity for researchers, ties scientific research
to the requirements of socio-economic development, ensures good co-ordination
between scientific research and training on the one hand and production and
trading on the other.
-
- ARTICLE 39:
The State makes investment in, ensures the development of, and
exercises unified management over, the protection of the people's health; it
mobilizes 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 service with people's health services; the State shall
see to the organization of the health insurance and create the necessary
conditions for all citizens to enjoy health care.
Priority is given to the programme of health care for highlanders and
national minorities.
It is strictly forbidden to private organisations and individuals to dispense
medical treatment, to produce and trade in medicaments illegally, thereby
damaging the people's health.
-
- ARTICLE 40:
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:
The State and society shall develop a system of physical culture and
sports that is national, scientific and popular.
The State exercises overall management for the development of physical
culture and sports; it shall establish a regime of compulsory physical culture in
the school; it shall give encouragement and assistance to various form 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:
The State and society shall promote tourism; tourism activities shall be
expanded at home and internationally.
-
- ARTICLE 43:
The State shall expand international intercourse and co-operation in the
fields of culture; information, literature, art, science, technology, education,
health care, physical culture and sports.
Chapter IV
DEFENCE OF THE SOCIALIST VIETNAMESE MOTHERLAND
-
- ARTICLE 44:
The entire people shall endeavour to defend the socialist Vietnamese
motherland and ensure national security.
The State shall consolidate and strengthen national defence by the entire
people and the people's security, the peoples armed forces being regarded as
the core, and shall develop to the full the aggregate strength of the country to
defend the national territory.
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:
All units of the people's armed forces must show absolute loyalty to the
motherland 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 State shall build a revolutionary people's army which shall be a well-
trained regular army to be gradually modernized; it shall build 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 State shall build a revolutionary people's police which shall be well-
trained regular force to be gradually modernized; this police shall rely on the
people and shall serve as the core of a popular movement to safeguard national
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:
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,
enact a regime of military service and rear-area policies, build up the national
defence industry to ensure proper equipment for the armed forces. It shall
harmonize 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 and
unceasingly reinforce the country's national defence potential.
Chapter V
FUNDAMENTAL RIGHTS AND DUTIES OF THE CITIZEN
-
- ARTICLE 49:
A citizen of the Socialist Republic of Vietnam is a person with Vietnamese
nationality.
-
- ARTICLE 50:
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:
The citizen's rights are inseparable from his duties.
The State guarantees the rights of citizen; the citizen must fulfil his duties
to the State and society.
The citizen's and duties are determined by the Constitution and the law.
-
- ARTICLE 52:
All citizens are equal before the law.
-
- ARTICLE 53:
The citizen has 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 organized
by the State.
-
- ARTICLE 54:
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:
The citizen has both the right and duty to work.
The State and society shall work out plans to create ever more
employment for the working people.
-
- ARTICLE 56:
The State shall enact policies and establish regimes for the protection of
labour.
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:
The citizen enjoys freedom of enterprise as determined by law.
-
- ARTICLE 58:
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.
The Sate protects the citizen's right of lawful ownership and right of
inheritance.
-
- ARTICLE 59:
The citizen has both the right and the duty to receive training and
instruction.
Primary education is compulsory and dispensed free of charge.
The citizen has the right to get general education and vocational training
in various ways.
With regard to school students with special aptitudes the State and
society shall create conditions for them to blossom out.
The State shall enact policies regarding tuition fees and scholarship.
The State and society shall create the necessary conditions for
handicapped children to acquire general knowledge and appropriate job training.
-
- ARTICLE 60:
The citizen has right to carry out scientific and technical research, make
inventions and discovers, initiate technical innovations, rationalize production,
engage in literary and artistic creation and criticism, and participate in other
cultural activities. The State protects copyright and industrial proprietorship.
-
- ARTICLE 61:
The citizen is entitled to a regime of health protection.
The State shall establish a system of hospital fees, together with one of
exemption from and reduction of such fees.
The citizen has the duty to observe all regulations on disease prevention
and public hygiene.
It is strictly forbidden to produce, transport, deal in, store and use
unlawfully opium and other narcotise. The State shall enact regulations on
compulsory treatment of drug addiction and treatment of dangerous social
discuses.
-
- ARTICLE 62:
The citizen has right to build dwelling-houses according to zoning
regulations and the law. The rights of lessees and lessors are protected by the
law.
-
- ARTICLE 63:
Male and female citizens have equal rights in all fields - political,
economic, cultural, social, and family.
All acts of discrimination against women and all acts damaging women's
dignity are strictly banned.
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 prenatal and post-natal leaves during which they
shall receive all their wages and allowances as determined by law.
The State and society shall create all necessary conditions for women to
raise their qualifications in all fields and fully play their roles in society; they shall
see to 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:
The family is the cell of society.
The State protects marriage and the family.
Marriage shall conform to the principles of free consent, progressive
union, monogamy and equality between husband and wife.
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.
The State and society shall recognize no discrimination among children.
-
- ARTICLE 65:
Children enjoy protection, care and education by the family, the State and
society.
-
- ARTICLE 66:
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 traditions, civic consciousness and the socialist ideal,
for them to be in the van of creative labour and national defence.
-
- ARTICLE 67:
War invalids, sick soldiers, and the families of fallen soldiers and
revolutionary martyrs shall enjoy preferential treatment in State policies. Was
invalids shall enjoy favourable conditions for their physical rehabilitation, shall be
given employment suites to their state of health and assistance in securing stable
living conditions.
Individuals and families credited with meritorious service to the country
shall be given commendation and reward and shall be looked after.
Old people, infirm people and orphans without support shall receive State
assistance.
-
- ARTICLE 68:
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:
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:
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.
The places of worship of all faiths and religions are protected by the law.
No one can violate freedom of belief and of religion; no one can misuse belief and religions to contravence the law and the State policies.
-
- ARTICLE 71:
The citizen shall enjoy inviolability of the person and the protection of the law with regard to his
life, health, honor and dignity.
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 offenses. Taking a person into, or holding him in, custody must be done with full observance of the law.
-
- ARTICLE 72:
No one shall be regarded as guilty and be subjected to punishment before the sentence of the Court has acquired full legal effect.
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:
The citizen is entitled to the inviolability of his domicile.
No one can enter the domicile of another person without his consent,
expect in cases authorized by the law.
Safety and secrecy are guaranteed to the citizen's correspondence,
telephone conversations and telegrams.
Domociliary 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:
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.
The complaints and denunciations must be examined and settled by the
State authorities within the time laid down by the law. 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.
It is strictly forbidden to take vengeance on the person making complaints
and denunciations, or to misuse the right to make complaints and denunciation
with the aim at slandering and causing harm to another person.
-
- ARTICLE 75:
The State shall protect the legitimate interests of Vietnamese people
residing abroad.
The State shall create the necessary conditions for Vietnamese residing
abroad to maintain close ties with their families and native land and to contribute
to national construction.
-
- ARTICLE 76:
The citizen must show loyalty to his motherland.
To betray one's motherland is the most serious crime.
-
- ARTICLE 77:
It is the sacred duty and the noble right of the citizen to defend his
motherland.
The citizen must fulfil his military obligation and join in the all people
national defence.
-
- ARTICLE 78:
The citizen has the duty to respect and protect the property of the State
and the public interest.
-
- ARTICLE 79:
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 abide by the regulations of public life.
-
- ARTICLE 80:
The citizen has duty to pay taxes and perform public interest labour
according to the provisions of the law.
-
- ARTICLE 81:
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:
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.
Chapter VI
THE NATIONAL ASSEMBLY
-
- ARTICLE 83 :
The National Assembly is the highest representative organ of the people
and the highest organ of State power of the Socialist Republic of Vietnam.
The National Assembly is the only organ with constitutional and
legislative powers.
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.
The National Assembly shall exercise supreme control over all activities
of the Stage.
-
- ARTICLE 84:
The National Assembly has the following obligations and powers :
- To make and amend the Constitution ; to make and amend laws ; to
work out a programme for making laws decree - laws.
- To exercise supreme control over conformity to the Constitution, the
law and the resolutions of the National Assembly ; to examine the reports of
the country's President, the Standing Committee of the National Assembly, the
Government, the Supreme People's Court, the Supreme People's Office for
Supervision and Control ;
- To decide the country's plan for socio - economic development ;
- To decide the national financial and monetary policies ; to decide the
draft Stage budget and budgetary appropriations ; to approve the accounts of
the Stage budget ; to establish, change, or abolish taxes ;
- To decide the nationalities policy of the State ;
- To regulate the organization and activity of the National Assembly,
the country's President, the Government, the People's Courts, the People's
Office of Supervision and Control and the local administrations ;
- To elect, release from duty, remove from office the country's
President and Vice - President, the Chairman of the National Assembly, the
Vice - Chairman 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 country's President on the establishment of the
Council of National Defence and Security ; to sanction the proposals of the
Prime Minister on the appointment, release from duty and removal from office
of Vice - Premiers, Cabinet Ministers and other members of the Government ;
- 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 ;
- To abrogate all formal written documents issued by the country's
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 ;
- To proclaim an amnesty ;
- To institute titles and ranks in the people's armed forces, in the
diplomatic service and other State titles and ranks ; to institute medals, badges
and State honours and distinctions ;
- To decide issues of war and peace ; to proclaim a state of
emergency and other special measures at ensuring national defence and
security ;
- To decide fundamental policies in external relations ; to ratify or
annul international agreements that have been signed or participated in on the
proposal of the country's President ;
- To hold a referendum
-
- ARTICLE 85
The duration of each National Assembly is five years.
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.
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
The National Assembly shall hold two sessions each year, to be
convened by its Standing Committee.
When so required by the country's President, the Prime Minister, or at
least one - third of the total membership of the National Assembly, or in
pursuance of its decision, the Standing Committee may convene an
extraordinary session of the National Assembly.
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 National Assembly until the
election by the incoming National Assembly of its chairman.
-
- ARTICLE 87
The country's President, the Standing Committee of the National
Assembly, the Nationalities Council and Committees of the National Assembly,
by 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 present draft laws to the National Assembly.
Members of the National Assembly may present motions concerning
laws and draft laws to the National Assembly.
The procedure for the presentation to National Assembly of drat laws
and motions concerning laws shall be established by laws.
-
- ARTICLE 88
Laws ad resolutions of the National Assembly must be approved by
more than half the total membership of the National Assembly ; 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.
Laws and resolutions of the National Assembly must be made public
fifteen days after their adoption at the latest.
-
- ARTICLE 89
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
The Standing Committee of the National Assembly is its
permanent committee.
It is composed of :
- The Chairman of the National Assembly ;
- The Vice - Chairmen of the National Assembly ;
- The members.
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.
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
Following are the duties and powers of the Standing Committee of the
National Assembly :
- To call ad preside over the election of the National Assembly ;
- To prepare for, to convene, and preside over the sessions of the
National Assembly ;
- To interpret the Constitution, the law, and decree - laws ;
- To enact decree - laws on matters entrusted to it by the National
Assembly ;
- 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 he Constitution, the law, and 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 ;
- To exercise supervision and control over, and to give guidance to,
the activities of the People's Councils ; to annual 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 ;
- To direct, harmonize, and co - ordinate the activities of the
Nationalities Council and the Committees of the National Assembly ; to give
guidance to, and ensure good working conditions for, members of the
National Assembly ;
- In the intervals between sessions of the National Assembly, to
sanction proposals of the Prime Minister concerning the appointment, release
from duty, and dismissal of a Vice - Premier, a Cabinet minister, and other
members of the Government and to report such matters to the nearest session
of the National Assembly ;
- In the intervals between sessions of the National Assembly, to
proclaim the state of the war in case of foreign aggression and report the
matter to the National Assembly for its approval at its nearest session ;
- To proclaim general or partial mobilization ; to proclaim a state of
emergency throughout the country or in a particular region ;
- To carry out the National Assembly's external relations ;
- To organize a referendum following decision by the National
Assembly.
-
- ARTICLE 92:
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 ;
organize the carrying out of its external relations ; maintain relationship with
its members.
The Vice - Chairmen of the National Assembly shall assist the
Chairman in the fulfillment of his duties as required by him.
-
- ARTICLE 93:
The decree - laws and resolutions of the Standing Committee of the
National Assembly must be approved by more than half of its membership.
They must be made public fifteen days following their adoption at the latest,
excepts in case they are presented by the country's President to the National
Assembly for review.
-
- ARTICLE 94 :
The National Assembly shall elect a Nationalities Council comprising the
Chairman, Vice - Chairmen, and members.
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.
The Nationalities Council has also other duties and powers as assigned
to the Committees of the National Assembly in Article 95.
A number of members of the Nationalities Council are in charge of
special tasks.
-
- ARTICLE 95 :
The National Assembly shall elect its Committees.
The Committees of 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.
A number of members of each Committee are in charge of special
tasks.
-
- ARTICLE 96:
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.
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 :
The deputy to the National Assembly represents the will and aspirations
of the people, not only of his constituency but of the whole country.
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.
The deputy to the National Assembly shall popularize and urge the
people to implement the Constitution, laws and resolutions of the National
Assembly.
-
- ARTICLE 98:
The deputy to the National Assembly has the right to interpellate the
country's 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. The officials interpellated 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.
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:
A member of the National Assembly cannot be arrested r prosecuted
without the consent of the National Assembly and, in the intervals between its
sessions, without the consent of its Standing Committee.
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 :
The deputy to the National Assembly must devote the necessary time to
his work.
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.
The State shall ensure that he has the money necessary to his
activities.
Chapter VII
THE COUNTRY'S PRESIDENT
-
- ARTICLE 101:
The country's President is the Head of State and represents the
Socialist Republic of Vietnam internally and externally.
-
- ARTICLE 102:
The country's President shall be elected by the National Assembly from
among its members.
He is responsible to the National Assembly for his work and reports to
it.
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
country is elected by the new legislature.
-
- ARTICLE 103:
Following are the duties and powers of the country's President :
- To promulgate the Constitution, laws and decree - laws ;
- To have overall command of the armed forces and hold the office of
Chairman of the National Defence and Security Council ;
- To propose to the National Assembly to elect, release from duty,
remove from office, the Vice - President of the country, the Prime Minister,
the President of the Supreme People's Court, the Head of the Supreme
People's Office of Supervision and Control ;
- On the basis of resolutions of the National Assembly or its Standing
Committee to appoint, release from duty, or dismiss the Vice - Premiers,
Cabinet Ministers and other members of the Government ;
- On the basis of resolutions of the National Assembly or its Standing
Committee to proclaim a state of war ; to proclaim an amnesty ;
- On the basis of resolutions of the Standing Committee of the National
Assembly to order a general or partial mobilization ; to proclaim a state of
emergency throughout the country or in a particular region ;
- To propose to the Standing Committee of the National Assembly to
review its decree - laws and resolutions on matters stipulated in Points 8 and
9, Article 91, within the space of ten days following their adoption ; if those
decree - laws and resolutions are again passed by the Standing Committee
of the National Assembly with the country's President dissenting, the latter
shall report the matter to the National Assembly for it to decide the issue at its
nearest session ;
- 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 ;
- To confer titles and ranks on senior officers of the people's armed
forces, diplomatic titles and ranks, and other State titles and ranks ; to confer
medals, badges and State honours and distinctions ;
- To appoint and recall Vietnam's ambassadors extraordinary and
plenipotentiary ; to receive foreign ambassadors extraordinary and
plenipotentiary ; to negotiate and sign international agreements on behalf of
the Socialist Republic of Vietnam with the Heads of other States ; to approve
or join international agreements, excepts in cases where a decision by the
National Assembly is necessary ;
- To grant Vietnamese nationality, release from Vietnamese
nationality, or deprive of Vietnamese nationality ;
- To grant pardons
-
- ARTICLE 104:
The National Defence and Security Council shall comprise the
President, the Vice - President and the members.
The country's 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.
The National Defence and Security Council shall mobilize all forces and
potentialities of the country for national defence.
In case of war the national Assembly can entrust the National Defence
and Security Council with special duties and powers.
The National Defence and Security Council shall operate as a
collegium and take its decisions by a vote of the majority.
-
- ARTICLE 105:
The country's President is entitled to attend sessions of the Standing
Committee of the national Assembly.
Whenever he deems it necessary he can attend meetings of the
Government.
-
- ARTICLE 106:
The country's President shall issue orders and decisions for the
accomplishment of his duties and the exercise of his powers.
-
- ARTICLE 107:
The country's Vice - President shall be elected by the National
Assembly from among its members.
He shall assist the President in the performance of his duties and may
be delegated by him to perform certain tasks.
-
- ARTICLE 108:
When the country's President is incapacitated for work over a long
period of time, the Vice - President shall act as President.
In case of vacancy of the Presidency, the Vice - President shall be
acting President until the election of a new President by the National
Assembly.
Chater VIII
THE GOVERNMENT
-
- ARTICLE 109:
The Government is the executive organ of the National Assembly, the
highest organ of State administration of the Socialist Republic of Vietnam.
The Government shall carry out overall management of the work for the
fulfillment 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.
The Government is accountable to the National Assembly and shall
make its reports to the National Assembly, its Standing Committee, and the
country's President.
-
- ARTICLE 110:
The Government shall be composed of the Prime Minister, the Vice -
Premiers, the Cabinet Ministers, and other members. With the exception of
the Prime Minister, its members are not necessarily members of the National
Assembly.
The Prime Minister is accountable to the National Assembly and shall
make his reports to the National Assembly, its Standing Committee, and the
country's President.
The Vice - Premiers 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:
The Chairman of the Central Committee of the Vietnam Fatherland
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:
Following are the duties and powers of the Government :
- 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 ;
- To ensure the implementation of the Constitution and the law in State
organs, economic bodies, social organizations, units of the armed forces, and
among citizens ; to organize and direct propaganda and educational work
among the people concerning the Constitution and the law ;
- To present draft laws, decree - laws and other projects to the
National Assembly and its Standing Committee ;
- 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 ;
- 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 ;
- 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 mobilization ; to
proclaim the state of emergency and all other necessary measures to defend
the country ;
- To organize 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 ;
- To ensure the overall management of the State's external relations ;
to sign, approve international agreements on behalf of the Government ; to
direct the implementation of international agreements subscribed to or joined
by the Socialist Republic of Vietnam ; to protect the interests of the State and
the legitimate interests of Vietnamese citizens and organizations in foreign
countries;
- To implement social policies, nationalities policies, policies on
religion;
- To take decisions on the adjustment of the boundaries of
administrative units below the level of the province and the city under direct
central control ;
- To coordinate its efforts with those of the Vietnam Fatherland Front
and all mass organizations in the fulfillment of their duties and exercise of their
rights ; to create conditions for their effective functioning.
-
- ARTICLE 113:
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:
Following are the duties and powers of the Prime Minister :
- To direct the work of the Government, the Government members, the
People's Councils at all levels ; to chair Cabinet meetings ;
- To propose to the National Assembly to set up or disband ministries
and organs of ministerial rank ; to present to the National Assembly or, when
the latter is not in session, to its Standing Committee for approval, proposals
on the appointment, release from duty, or dismissal of Vice - Premiers,
Cabinet Ministers and other members of the Government ;
- To appoint, release from duty, or dismiss Vice - Ministers and
officials of equal rank ; approve the election, release from duty, secondment,
and dismiss the Chairmen and Vice - Chairmen of People's Committees of
provinces and cities under direct central rule ;
- 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 ;
- 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
;
- To make regular reports to the people through the mass media on
major issues to be settled by the Government.
-
- ARTICLE 115:
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
Government shall issue resolutions and decrees, the Prime Minister shall
issue decisions and directives and shall supervise the execution of those
formal written orders.
Major issues within the jurisdiction of the Government shall undergo
collegial discussion and decisions shall be taken in conformity with the will of
the majority.
-
- ARTICLE 116:
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.
On the basis of the Constitution the law, and the resolutions of the
National Assembly, the decree-laws and resolutions of the letter'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, the
other Government members, the heads of Government organs shall issue
decisions, directives and circulars and shall control the execution of those
formal written instructions by all branches, regions and grassroots units.
-
- ARTICLE 117:
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.
Chapter IX
THE PEOPLE'S COUNCILS AND
THE PEOPLE'S COMMITTEES
-
- ARTICLE 118:
The administrative units of the Socialist Republic of Vietnam are
distributed as follows :
- The country is divided into provinces and cities under direct central
rule ;
- 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 ;
- 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.
- The establishment of People's Councils and People's Committees in
administrative units is determined by law.
-
- ARTICLE 119:
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:
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:
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.
It is the duty of the deputy to the People's Council to urge the people to
abide by the law, State policies, and the resolutions of the People's Council ;
and to encourage them to join in State administration.
-
- ARTICLE 122:
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 officials interpellated must answer this
interpellation within the time determined by law.
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 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:
Within the bounds of its duties and powers the People's Committee
shall issue decisions and directives and supervise their execution.
The Chairman of the People's Committee shall give leadership and
operational guidance to the activities of the People's Committee.
When deciding major local matters, the People's Committee shall
undertake collegial discussion and its decisions must conform to the will of the
majority.
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:
The Chairman of the Vietnam Fatherland Front 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.
The People's Council and the People's Committee shall make regular
reports on the local situation in all fields to the Fatherland 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.
CHAPTER X
THE PEOPLE'S COURT AND THE
PEOPLE'S OFFICE OF SUPERVISION AND CONTROL
-
- ARTICLE 126:
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 the
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:
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.
Under special circumstances, the National Assembly may decide to set
up a Special Tribunal.
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:
The tenure of the President of the Supreme People's Court shall be the
same as that of the National Assembly.
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 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:
During a trial the judges and assessors are independent and shall only
obey the law.
-
- ARTICLE 131:
The People's Courts shall hold their hearings in public, expect in cases
determined by law.
The People's Courts shall try their cases collegially and their decisions
shall be in conformity with the will or the majority.
-
- ARTICLE 132:
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.
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:
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 is the highest judicial organ of the
Socialist Republic of Vietnam.
It supervises and directs the judicial work of local People's Courts and
Military Tribunals.
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 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 country's President.
The President of the local People's Court is responsible and makes his
reports, to the People's Council.
-
- ARTICLE 136:
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 SUPER VISION AND CONTROL
-
- ARTICLE 137:
The Supreme People's Office of Supervision and Control supervises
and controls obedience to the law by Ministries, organs of ministerial rank,
other organs under the Government, local organs of power, economic bodies,
social organizations, people's armed units and citizens, it exercises the right
to initiate public prosecution, ensures a serious and uniform implementation of
the law.
The local Offices of Supervision and Control and the military Offices of
Supervision and Control supervise and control obedience to the law and
exercise the right to initiate public prosecution within the bounds of their
responsibilities as prescribed by law.
-
- ARTICLE 138:
The 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.
The setting up of the Committee of Supervision and Control, the
problems 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.
The tenure of the Head of the Supreme People's Office of Supervision
and Control is the same as that of the National Assembly.
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:
The Head of the Supreme People's Office of Supervision and Control
shall be responsible and 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 country's President.
-
- ARTICLE 140:
The Heads of the local People's Offices of Supervision and Control are
responsible fir reporting to the People's Councils on the situation in law
enforcement in the respective localities, and shall answer the interpellation of
the deputies to the People's Councils.
Chapter XI
THE NATIONAL FLAG, NATIONAL
EMBLEM, NATIONAL ANTHEM,
NATIONAL CAPITAL, NATIONAL DAY
-
- ARTICLE 141:
The national flag of the Socialist Republic of Vietnam 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 of the Socialist Republic of Vietnam is circular in
shape ; in the middle of a red background is a five - pointed gold star framed
by rice ears below with is half a cogwheel and the inscription : Cong hoa xa
hoi chu nghia Viet Nam.
-
- ARTICLE 143:
The national anthem of the Socialist Republic of Vietnam is the music
and words of the ''March to the Front''.
-
- ARTICLE 144:
The capital of the Socialist Republic of Vietnam is Hanoi.
-
- ARTICLE 145:
The day of the Declaration of Independence, the Second of September
1945; is the National Day.
Chapter XII
EFFECT OF THE CONSTITUTION AND
AMENDMENTS TO THE CONSTITUTION
-
- ARTICLE 146:
The Constitution of the Socialist Republic of Vietnam is the fundamental
law of the State and has the highest legal effect.
All other legal documents must conform to the Constitution.
-
- ARTICLE 147:
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.