The Constitution of Vietnam, 1992
Preamble
Chapter I: The Socialist Republic of Vietnam the Political Regime
Chapter II: The Economic System
Chapter III: Culture, Education, Science, Technology
Chapter IV: Defense of the Socialist Vietnamese Motherland
Chapter V: Fundamental Rights and Duties of the Citizen
Chapter VI: The National Assembly
Chapter VII: The Country’s President
Chapter VIII: The Government
Chapter IX: The People’s Councils and the People’s Committees
CHAPTER X: The People’s Court and the People’s Office of Supervision and Control
Chapter XI: The National Flag, National Emblem, National Anthem, National Capital, National Day
Chapter XII: Effect of the Constitution and Amendments to the Constitution
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 defense 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 peoples 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 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
defense.
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 defense 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.
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 defense, 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 fulfill
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 defense, 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 international 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 defense 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 organizations 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 practiced 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: Defense 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 defense 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 fulfill all their
national defense 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-defense
militia by combining national construction with national defense, 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 defense and security, enact a regime of
military service and rear-area policies, build up the national defense industry to ensure
proper equipment for the armed forces. It shall harmonize national defense with the
economy and vice versa, seek to ensure proper material and spiritual living conditions for
officers and soldiers, national defense workers and employees. It shall build powerful
people’s armed and unceasingly reinforce the country’s national defense 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 fulfill 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 narcotize. 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, 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.
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 defense.
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 fulfill his military obligation and join in the all people national defense.
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 defense 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 :
1. To make and amend the Constitution ; to make and amend laws ; to work out a
programme for making laws 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 Stage
budget and budgetary appropriations ; to approve the accounts of the Stage
budget ; to establish, change, or abolish taxes ;
5. To decide the nationalities policy of the State ;
6. 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 ;
7. 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 Defense 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 ;
8. To set up or suppress government ministries and government organs of ministerial
rank ; to establish, merge, divide, or adjust the boundaries of provinces and cities
under direct central rule ; to set up or disband special administrative – economic
units ;
9. To abrogate all formal written documents issued by the 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 in the people’s armed forces, in the diplomatic service
and other State titles and ranks ; to institute medals, badges and State ARTICLE
and distinctions ;
12. To decide issues of war and peace ; to proclaim a state of emergency and other
special measures at ensuring national defense 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.
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 fulfill 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 ad 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 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 ;
6.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 ;
7.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 ;
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 Vice – Premier, a 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 the 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 mobilization ; 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 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 offense 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 fulfill 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 :
1.To promulgate the Constitution, laws and decree – laws ;
2.To have overall command of the armed forces and hold the office of Chairman of
the National Defense 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 Vice – Premiers, 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 mobilization ; 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 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 ;
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,
excepts in cases where a decision by the National Assembly is necessary ;
11. To grant Vietnamese nationality, release from Vietnamese nationality, or deprive
of Vietnamese nationality ;
12. To grant pardons
Article 104:
The National Defense 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 Defense and
Security Council to the approval of the National Assembly. Members of the National
Defense and Security Council shall not necessarily be members of the National
Assembly.
The National Defense and Security Council shall mobilize all forces and potentialities of
the country for national defense.
In case of war the national Assembly can entrust the National Defense and Security
Council with special duties and powers.
The National Defense 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.
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 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 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 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 :
1.To direct the work of the ministries , the organs of ministerial rank and the organs
of the Government, the People’s Committees at all levels ; to build and consolidate
the unified system of the apparatus of State administration from the centre to the
grassroots ; to guide and control the People ‘s Councils in their implementation of
the directives of superior organs of State administration ; to create favourable
conditions for the People’s Councils to 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 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 ;
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 mobilization ; to proclaim the
state of emergency and all other necessary measures to defend the country ;
7.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 ;
8. 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;
9. To implement social policies, nationalities policies, policies on religion;
10. 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 ;
11. 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 :
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 Vice – Premiers, Cabinet Ministers and other
members of the Government ;
3.To appoint, release from duty, or dismiss Vice – Ministers and officials of equal
rank ; approve the election, release from duty, secondment, and dismiss the
Chairmen and Vice – Chairmen of People’s Committees of provinces and cities
under direct central rule ;
4.To suspend or annul decisions, directives and circulars of Cabinet Ministers and
other Government members, decisions and directives of People’s Councils and
Chairmen of People’s Committees of provinces and cities under direct central rule
that contravene the Constitution, the law, and other formal written documents of
superior State organs ;
5.To suspend the execution of resolutions of People’s Councils of provinces and
cities under direct central rule that contravene the Constitution, the law, and formal
written orders of superior State organs ; at the same time to propose to the
Standing Committee of the National Assembly to annul them ;
6.To make regular reports to the people through the mass media on major issues to
be settled by the Government.
Article 115:
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 defense and
security at local level ; on measures for stabilizing 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 defense, 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
offenses 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 defense 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 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 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.
