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 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 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
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 institutionalizes 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 people
vow to unite millions as one, uphold the spirit of self-reliance in building
the country, carry out a foreign policy of independence, sovereignty, peace,
friendship and cooperation with all nations, strictly abide by the
Constitution, and win ever greater successes in their effort to renovate, build
and defend their motherland.
Constitution
Chapter One:
THE SOCIALIST REPUBLIC
OF VIETNAM, POLITICAL REGIME
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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
The
Socialist Republic of Vietnam is a State of the people, from the people, for
the people. All State power belongs 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, and 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 organisations operate
within the framework of the Constitution and the law.
Article 5
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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 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.
Democratic centralism is the
principle governing the organisation 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.
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All State
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 organisations 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 organisations.
Article 10
The trade
union, being the socio-political organisation 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
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
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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 Slate
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 Vietnamese 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 cooperation with all countries in the world
regardless of political and social regime 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.
Constitution
Chapter Two:
ECONOMIC SYSTEM
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The State
promotes a multi-component commodity economy functioning in accordance with
market mechanisms under the management of the State and following a socialist
orientation. The multi-component economic structure with various forms of
organisation 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 needs 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
cooperation 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
organisations and private individuals for stable and lasting use.
These organisations 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.
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The State
sector shall he 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 cooperative production and trading shall be organised in various forms
following the principles of free consent, democracy, and mutual benefit.
The State shall create
favourable conditions for consolidating and broadening the cooperatives and
allowing them to operate efficiently.
Article 21
In the
private individual and private capitalist sectors people can adopt their own
ways of organising 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
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Enterprises belonging to all
components of the economy can enter into joint venture and partnership with
individuals and economic organisations at home and abroad in accordance with
the provisions of the law.
Article 23
The
lawful property of individuals and organisations shall not be nationalised.
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 organisations against compensation, taking into account
current market prices.
The formalities of the forcible
purchase or requisition shall be determined by law.
Article 24
The State
manages and expands external economic relations, promotes economic ties of all
kinds with all nations and all international organisations 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
encourages foreign organisations and individuals to invest funds and
technologies in Vietnam in conformity with Vietnamese law and international law
and usage; it guarantees the right to lawful ownership of funds, property and
other interests by foreign organisations and individuals. Enterprises with
foreign investments shall not be nationalised.
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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 practise 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 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.
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.
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Constitution
Chapter Three:
CULTURE, EDUCATION,
SCIENCE, AND 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 among
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 cooperation 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 man.
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The State shall promote
diversity in literary and artistic activity; 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. Shall be strictly
banned all activities in the fields of culture and information that are
detrimental to national interests, and destructive of the personality, morals,
and fine lifeway 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, and 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 in 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.
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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 competitions and the system of
diplomas and certificates.
The State shall ensure the
harmonious development of the educational system: pre-school education, general
education, vocational training, college and post-graduate education; it shall
enforce the generalisation 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 high- lands, in regions inhabited by national minorities
and in regions encountering special difficulties.
Mass organisations, first of all
the Ho Chi Minh Communist Youth Union, social organisations, 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-coordinated
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
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Article 39
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 organisation of 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 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.
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The State
and society shall promote tourism; tourist activities shall be expanded at home
and internationally.
Article 43
The State
shall expand international intercourse and cooperation in the fields of
culture, information, literature, art, science, technology, education, health
care, physical culture and sports.
Constitution
Chapter Four:
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
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.
All State organs, economic
bodies, social organisations and all citizens shall fulfil all their national
defence and security obligations as laid down by the law.
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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 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 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 properly 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 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
Constitution
Chapter Five:
FUNDAMENTAL RIGHTS AND
DUTIES OF THE CITIZEN
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A citizen
of the Socialist Republic or 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 the citizen; the citizen must fulfill his duties to the State and society.
The citizen's rights and duties
are determined by the Constitution and the law.
Article 52
All
citizens are equal before the law.
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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
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 the 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.
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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 organisations; with regard to land entrusted by
the State for use, the matter is regulated by the provisions of Articles 17 and
18.
The State 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.
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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 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
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
narcotics. The State shall enact regulations on compulsory treatment of drug
addiction and treatment of dangerous social diseases.
Article 62
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Article 63
Male and
female citizens have equal rights in and fields - political, economic,
cultural, social, and the 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 pre-
natal 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, pediatric 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 fulfill
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.
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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 tradition, civic consciousness and the socialist ideal,
for them to be in the van of creative Labour and national defense.
Article 67
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.
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.
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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; nor can anyone misuse beliefs and religions to
contravene the law and 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.
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It is strictly forbidden to use
all forms of harassment and coercion, torture, violation of his honor and
dignity, against a citizen.
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, except in cases authorized by the law.
Safety and secrecy are
guaranteed to the citizen correspondence, telephone conversations and
telegrams.
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.
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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 organisations, 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 denunciations with the aim of 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.
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Article 77
It is the
sacred duty and the noble right of the citizen to defend his motherland.
The citizen must fulfill his
military obligation and join in the all-people national defense.
Article 78
The
citizen has the duty to respect and protect the properly 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 regulation public life.
Article 80
The
citizen has the duty to pay taxes and perform public-interest labour according
to the provisions of the law.
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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
Constitution
Chapter Six:
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 organisation and activity of the State machinery, the social
relations and the activities of the citizen.
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Article 84
The
National Assembly has the following obligations 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 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;
3. To decide the country's plan
for socio-economic development;
4. To decide the national financial
and monetary policies; to decide the draft State budget and budgetary
appropriations; to approve the accounts of the State budget; to establish,
change, or abolish taxes;
5. To decide the nationalities
policy of the State;
6. To regulate the organisation
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.
7. To elect, release from duty,
remove from office the country's 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 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 Deputy Prime Ministers, Cabinet Ministers and other
members of the Government;
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9. 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;
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 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,
14. 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.
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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 own 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 Assembly until the election by the incoming 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, the Government,
the Supreme People's Court, the Supreme People's Office of Supervision and
Control, the Vietnam Fatherland Front and its member organisations 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 the National Assembly of draft laws and motions concerning laws
shall be established by law.
Article 88
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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.
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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:
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;
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8. 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 Deputy Prime
Minister, Cabinet Minister, and other members of the Government, and to report
such matters to the nearest session of the National Assembly;
9. In the intervals between
sessions of the National Assembly, to proclaim the state of war in case of
foreign aggression and report the matter to the National Assembly for its
approval at its nearest session;
10. To proclaim general or
partial mobilisation; to proclaim a state of emergency throughout the country
or in a particular region;
11. To carry out the National
Assembly's external relations;
12. To organise 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; organise 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 fulfilment of his duties as
required by him.
Article 93
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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.
Prior to the promulgation of
decisions related to nationalities policies, the Government must consult the
Nationalities Council.
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.
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.
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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 popularise and urge the people to implement the Constitution,
laws and resolutions of the National Assembly.
Article 98
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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.
The deputy to the National
Assembly has the right to request State organs, social organisations, 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, organisations, 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 or 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.
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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
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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 country, 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 or its Standing Committee to appoint, release from
duty, or dismiss the Deputy Prime Ministers, Cabinet 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 order a general or
partial mobilisation; to proclaim a state of emergency throughout the country
or in a particular region;
7. 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;
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 conifer 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;
10. 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, except
in cases where a decision by the National Assembly is necessary;
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12. 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 mobilise 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.
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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.
Constitution
Chapter Eight:
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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-defense, security and external duties of the State;
it shall ensure the effectiveness of the State apparatus from the center 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 defense; 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 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.
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 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
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Article
112
Following
are the duties and powers of the Government:
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 center 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 fulfill 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
organisations, 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 fulfill his duties, to protect the property and
interests of the State and society; to protect the environment;
6. To consolidate and strengthen
national defense 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;
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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 Fatherland Front and all mass organisations 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:
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 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 Deputy Prime Ministers, Cabinet Ministers and other members
of the Government;
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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
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 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, the other Government members, the heads of
government organs shall issue decisions, directives and circulars and shall
control the execution of these formal written instructions by all branches,
regions and grass roots units.
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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.
Constitution
Chapter Nine:
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.
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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 lies 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 and State policies,
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 interpellated officials 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.
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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 organisations 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 organisations; 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.
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THE PEOPLE'S COURT /
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 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.
Constitution Chapter Eleven
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 organisations shall be set up to deal with minor offences and disputes
among the people according to the provisions of the law.
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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, except in cases determined
by law.
The People's Courts shall try
their cases collegially and their decisions shall be in conformity with the
will of the majority.
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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 organisation 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 Special 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
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The President of the local
People's Court is responsible to 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 organisations,
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
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
organisations, 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.
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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 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
for reporting to the People's Councils on the situation in law enforcement in
the respective localities, and shall answer the interpellations of the deputies
to the People's Councils.
Constitution
Chapter Eleven:
NATIONAL FLAG, ANTHEM,
CAPITAL, AND NATIONAL DAY
Article
141
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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 which is half a cog wheel and the inscription: Socialist Republic of
Vietnam.
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 Ha Noi
Article
145
The day
of the Declaration of Independence, the Second of September 1945, is the
National Day.
Constitution Chapter Twelve:
Effect of the Constitution and Amendments
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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.
This Constitution was
unanimously approved by the 8th National Assembly of the Socialist Republic of
Vietnam at its 11th session sitting of 15 April 1992 at 11.45 a.m.