THE NATIONAL ASSEMBLY
-------- |
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness --------------- |
Hanoi, November 28, 2013
|
THE CONSTITUTION
PREAMBLE
Throughout
their millennia-old history, the Vietnamese People, working diligently and
creatively and fighting courageously to build and defend their country, have
forged a tradition of patriotism, solidarity, humanity, justice, resilience and
indomitableness, and have created the civilization and culture of Vietnam.
Since
1930, under the leadership of the Communist Party of Vietnam founded and
trained by President Ho Chi Minh, our People have waged a protracted struggle
full of hardship and sacrifice for national independence and freedom and for
their own happiness. In the wake of the triumph of the August Revolution, on
September 2, 1945, President Ho Chi Minh read the Proclamation of Independence,
declaring the birth of the Democratic Republic of Vietnam, now the Socialist
Republic of Vietnam. With the will and strength of the entire nation and the
assistance of friends around the world, our People have gained great victories
in the struggles to liberate the nation, reunify the country, defend the
Fatherland and fulfill international duties, and have recorded resounding
achievements of historical significance in the cause of renewing and building
the country toward socialism.
Institutionalizing
the Platform for National Construction during the Period of Transition toward
Socialism, and perpetuating the 1946, 1959, 1980 and 1992 Constitutions, the
Vietnamese People create, implement and defend this Constitution to achieve the
goal of a prosperous people and a strong, democratic, equitable and civilized
country.
Chapter
I
THE POLITICAL REGIME
Article
1
The Socialist
Republic of Vietnam is an independent and sovereign country enjoying unity and
integrity of territory, including the mainland, islands, seas and airspace.
Article
2
1. The
State of the Socialist Republic of Vietnam is a socialist state ruled by law
and of the People, by the People and for the People.
2. The
Socialist Republic of Vietnam is the country where the People are the masters;
all the state power belongs to the People and is based on the alliance of the
working class, the peasantry and the intelligentsia.
3. The
state power is unified and delegated to state agencies which coordinate with
and control one another in the exercise of the legislative, executive and
judicial powers.
Article
3
The
State shall guarantee and promote the People’s right to mastery; recognize,
respect, protect and guarantee human rights and citizens’ rights; and pursue
the goal of a prosperous people and a strong, democratic, equitable and
civilized country, in which all people enjoy an abundant, free and happy life
and are given conditions for their comprehensive development.
Article
4
1. The
Communist Party of Vietnam - the Vanguard of the working class, concurrently
the vanguard of the laboring people and Vietnamese nation, faithfully
representing the interests of the working class, laboring people and entire
nation, and acting upon the Marxist-Leninist doctrine and Ho Chi Minh Thought,
is the force leading the State and society.
2. The
Communist Party of Vietnam is closely associated with the People, shall serve
the People, shall submit to the supervision of the People, and is accountable
to the People for its decisions.
3.
Organizations and members of the Communist Party of Vietnam shall operate
within the framework of the Constitution and law.
Article
5
1. The
Socialist Republic of Vietnam is a unified nation of all ethnicities living
together in the country of Vietnam.
2. All
the ethnicities are equal and unite with, respect and assist one another for
mutual development; all acts of discrimination against and division of the
ethnicities are prohibited.
3. The
national language is Vietnamese. Every ethnic group has the right to use its
own spoken and written language to preserve its own identity and to promote its
fine customs, practices, traditions and culture.
4. The
State shall implement a policy of comprehensive development and create the
conditions for the minority ethnicities to fully utilize their internal
strengths and develop together with the country.
Article
6
The
People shall exercise the state power in the form of direct democracy and of
representative democracy through the National Assembly, People’s Councils and
other state agencies.
Article
7
1. The
elections of deputies to the National Assembly and People’s Councils must be
conducted on the principle of universal, equal, direct and secret suffrage.
2. A
National Assembly deputy or a People’s Council deputy may be removed from
office by the voters or the National Assembly or the People’s Council, when he
or she is no longer worthy of the confidence of the People.
Article
8
1. The
State shall be organized and operate in accordance with the Constitution and
law, manage society by the Constitution and law, and implement the principle of
democratic centralism.
2. All
state agencies, cadres, civil servants and public employees shall show respect
for the People, conscientiously serve the People, maintain close contact with
the People, listen to their opinions and submit to their supervision;
resolutely combat corruption, waste, and all manifestations of bureaucracy,
arrogance and authoritarianism.
Article
9
1. The
Vietnam Fatherland Front is a political alliance and a voluntary union of the
political organization, socio-political organizations and social organizations,
and prominent individuals representing their class, social strata, ethnicity or
religion and overseas Vietnamese.
The
Vietnam Fatherland Front shall constitute the political base of the people’s
administration; represent and protect the lawful and legitimate rights and
interests of the People; rally and fully utilize the strength of the great
national unity, exercise democracy and promote social consensus; conduct social
supervision and criticism; and participate in the building of the Party and the
State, and in people’s external relations’ activities, thus contributing to
national construction and defense.
2. The
Trade Union of Vietnam, the Vietnam Peasants’ Association, the Ho Chi Minh
Communist Youth Union, the Vietnam Women’s Union and the Vietnam War Veterans’
Association are socio-political organizations established on a voluntary basis
to represent and protect the lawful and legitimate rights and interests of
their members; and, together with other member organizations of the Vietnam
Fatherland Front, coordinate and unify action within the Front.
3. The
Vietnam Fatherland Front, its member organizations and other social
organizations shall operate within the framework of the Constitution and law.
The State shall create the conditions for the Vietnam Fatherland Front, its
member organizations and other social organizations to operate.
Article
10
The
Trade Union of Vietnam is a socio-political organization of the working class
and laborers voluntarily established to represent laborers, care for and
protect the lawful and legitimate rights and interests of laborers; participate
in the state management and socio-economic management; participate in the
examination, inspection and supervision of the operations of state agencies,
organizations, units and enterprises regarding issues related to the rights and
obligations of laborers; and mobilize laborers to learn to improve their
professional qualifications and skills, abide by law, and build and defend the
Fatherland.
Article
11
1. The
Vietnamese Fatherland is sacred and inviolable.
2. All
acts against independence, sovereignty, unity and territorial integrity, or
against the construction and defense, of the Fatherland must be severely
punished.
Article
12
The
Socialist Republic of Vietnam shall consistently implement its foreign policy
of independence, self-reliance, peace, friendship, cooperation and development;
multilateralization and diversification of external relations, proactive and
active international integration and cooperation, on the basis of respect for
each other’s independence, sovereignty and territorial integrity,
non-interference in each other’s internal affairs, and equality and mutual
benefit; abide by the Charter of the United Nations and treaties to which the
Socialist Republic of Vietnam is a contracting party; act as a friend, reliable
partner and responsible member of the international community for the sake of
national interests, and contribute to the cause of peace, national
independence, democracy and social progress in the world.
Article
13
1. The
national flag of the Socialist Republic of Vietnam is rectangular in shape,
with its width equal to two-thirds of its length; in the middle of a red
background is a five-pointed gold star.
2. 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 encircled by rice
ears, below which is half a cogwheel and the inscription “The Socialist
Republic of Vietnam”.
3. The
national anthem of the Socialist Republic of Vietnam is the music and lyrics of
the song “Tien quan ca” (March to the Front).
4. The
National Day of the Socialist Republic of Vietnam is the day of the
Proclamation of Independence, the Second of September 1945.
5. The
capital of the Socialist Republic of Vietnam is Hanoi.
Chapter
II
HUMAN RIGHTS, FUNDAMENTAL RIGHTS AND OBLIGATIONS OF
CITIZENS
Article
14
1. In
the Socialist Republic of Vietnam, human rights and citizens’ rights in the
political, civil, economic, cultural and social fields shall be recognized,
respected, protected and guaranteed in accordance with the Constitution and
law.
2.
Human rights and citizens’ rights may not be limited unless prescribed by a law
solely in case of necessity for reasons of national defense, national security,
social order and safety, social morality and community well-being.
Article
15
1.
Citizens’ rights are inseparable from citizens’ obligations.
2.
Everyone is obliged to respect others’ rights.
3.
Citizens shall perform their obligations toward the State and society.
4. The
exercise of human rights and citizens’ rights may not infringe upon national
interests and others’ lawful rights and interests.
Article
16
1. All
people are equal before law.
2. No
one is subject to discriminatory treatment in political, civil, economic,
cultural or social life.
Article
17
1. A
citizen of the Socialist Republic of Vietnam is a person holding Vietnamese
citizenship.
2. A
Vietnamese citizen may not be expelled and delivered to another state.
3.
Vietnamese citizens living abroad shall be protected by the State of the
Socialist Republic of Vietnam.
Article
18
1.
Overseas Vietnamese make up an inseparable part of the community of Vietnamese
ethnicities.
2. The
State of the Socialist Republic of Vietnam shall encourage and create the
conditions for overseas Vietnamese to preserve and promote the cultural
identity of the Vietnamese nation, maintain close ties with their families and
native land, and contribute to the construction of their native land and the
country.
Article
19
Everyone
has the right to life. Human life is protected by law. No one may be deprived
of life in contravention of law.
Article
20
1.
Everyone has the right to inviolability of his or her body and to the
protection by law of his or her health, honor and dignity; no one shall be
subjected to torture, violence, coercion, corporal punishment or any form of
treatment harming his or her body and health or offending his or her honor and
dignity.
2. No
one may be arrested without a decision of a People’s Court, or a decision or
approval of a People’s Procuracy, except in case of a flagrant offense. The
arrest, holding in custody, or detention, of a person shall be prescribed by a
law.
3.
Everyone has the right to donate his or her tissues, organs or body in
accordance with law. Medical, pharmaceutical and scientific experiments, or any
other form of experiments, on the human body must be consented to by the human
subject.
Article
21
1.
Everyone has the right to inviolability of private life, personal secrets and
family secrets; and has the right to protect his or her honor and reputation.
The
security of information about private life, personal secrets or family secrets
shall be guaranteed by law.
2.
Everyone has the right to privacy of correspondence, telephone conversations,
telegrams and other forms of private communication.
No one
may illegally break into, control or seize another’s correspondence, telephone
conversations, telegrams or other forms of private communication.
Article
22
1.
Every citizen has the right to a legal residence.
2.
Everyone has the right to inviolability of his or her home. No one may enter
the home of another person without his or her consent.
3. The
search of homes shall be prescribed by a law.
Article
23
Citizens
have the right to free movement and residence within the country, and the right
to leave the country and to return home from abroad.
The
exercise of those rights shall be prescribed by law.
Article
24
1.
Everyone has the right to freedom of belief and religion, and has the right to
follow any religion or to follow no religion. All religions are equal before
law.
2. The
State shall respect and protect the freedom of belief and religion.
3. No
one may violate the freedom of belief and religion, nor may anyone take
advantage of a belief or religion in order to violate the law.
Article
25
Citizens
have the right to freedom of speech and freedom of the press, and have the
right of access to information, the right to assembly, the right to
association, and the right to demonstrate. The exercise of those rights shall
be prescribed by law.
Article
26
1.
Male and female citizens have equal rights in all fields. The State shall adopt
policies to guarantee the right to and opportunities for gender equality.
2. The
State, society and family shall create the conditions for women to develop
comprehensively and to advance their role in society.
3.
Gender discrimination is prohibited.
Article
27
Every
citizen who reaches the age of eighteen has the right to vote.
Every
citizen who reaches the age of twenty-one has the right to stand for election
to the National Assembly or People’s Councils. The exercise of those rights
shall be prescribed by a law.
Article
28
1.
Citizens have the right to participate in the management of the State and
management of society, and to discuss and propose to state agencies issues
about their base units, localities and the whole country.
2. The
State shall create the conditions for citizens to participate in the management
of the State and society; and shall publicly and transparently receive and
respond to the opinions and petitions of citizens.
Article
29
Citizens
who reach the age of eighteen have the right to vote in referenda organized by
the State.
Article
30
1.
Everyone has the right to lodge complaints or denunciations about illegal acts
of agencies, organizations or individuals with competent agencies,
organizations or persons.
2.
Competent agencies, organizations or persons shall receive and resolve
complaints and denunciations. Those suffering damages have the right to
material and mental compensation and restoration of honor in accordance with
law.
3.
Taking revenge on complainants or denunciators, or abusing the right to
complaint and denunciation to slander or falsely accuse others, is prohibited.
Article
31
1. A
person charged with a criminal offense shall be presumed innocent until proven
guilty according to a legally established procedure and the sentence of the
court takes legal effect.
2. A
person charged with a criminal offense shall be promptly tried in an impartial
and public manner by a court within a legally established time limit. In case
of a closed trial in accordance with law, the verdict must be publicly
pronounced.
3. No
one may be tried twice for the same offense.
4. A
person who is arrested, held in custody, temporarily detained, charged with a
criminal offence, investigated, prosecuted or brought to trial has the right to
defend himself or herself in person or choose a defense counsel or another
person to defend him or her.
5. A
person who is illegally arrested, held in custody, temporarily detained, charged
with a criminal offence, investigated, prosecuted, brought to trial or subject
to judgment enforcement has the right to compensation for material and mental
damages and restoration of honor. A person who violates the law in respect of
arrest, detention, holding in custody, laying of charges, investigation,
prosecution, trial or judgment enforcement, thereby causing damages to others,
shall be punished in accordance with law.
Article
32
1.
Everyone has the right to ownership of his or her lawful income, savings,
housing, chattels, means of production and capital contributions to enterprises
or other economic entities.
2. The
right to private ownership and the right to inheritance shall be protected by
law.
3. In
case of extreme necessity for national defense or security reasons or in the
national interest, in a state of emergency or in response to a natural
disaster, the State may compulsorily purchase or requisition the property of
organizations or individuals and pay compensation at market price.
Article
33
Everyone
has the right to freedom of enterprise in the sectors and trades that are not
prohibited by law.
Article
34
Citizens
have the right to social security.
Article
35
1.
Citizens have the right to work and to choose their occupations, employment and
workplaces.
2.
Employees are guaranteed equal and safe working conditions; and have the right
to wages and rest periods.
3.
Discriminatory treatment, forced labor or the employment of people below the
minimum working age is prohibited.
Article
36
1. Men
and women have the right to marry and divorce. Marriage must adhere to the
principles of voluntariness, progressiveness, monogamy, equality and mutual
respect between husband and wife.
2. The
State shall protect marriage and the family, and protect the interests of
mothers and children.
Article
37
1.
Children shall be protected, cared for and educated by the State, family and
society; children may participate in child-related issues. Harassing,
persecuting, maltreating, abandoning or abusing children, exploiting child
labor or other acts that violate children’s rights are prohibited.
2.
Young people shall be provided by the State, family and society with the
conditions for learning, working, entertaining themselves, and developing their
physiques and minds, and be educated in morality, national traditions and civic
consciousness; and shall take the lead in the cause of creative labor and
national defense.
3. The
elderly shall be respected and cared for by the State, family and society to
promote their role in the cause of national construction and defense.
Article
38
1.
Everyone has the right to health protection and care, and to equality in the
use of medical services, and has the obligation to comply with regulations on
the prevention of disease and medical examination or treatment.
2.
Acts threatening the life or health of other persons and the community are
prohibited.
Article
39
Citizens
have the right, as well as the obligation, to learn.
Article
40
Everyone
has the right to conduct scientific or technological research, or literary or
artistic creation, and to enjoy the benefits brought about by those activities.
Article
41
Everyone
has the right to enjoy and access cultural values, participate in cultural
life, and use cultural facilities.
Article
42
A
citizen has the right to determine his or her ethnicity, use his or her mother
tongue and choose his or her language of communication.
Article
43
Everyone
has the right to live in a clean environment and has the obligation to protect
the environment.
Article
44
A
citizen has the obligation to be loyal to the Fatherland.
High
treason is the most serious crime.
Article
45
1. It
is the sacred duty and the noble right of citizens to defend their Fatherland.
2. A
citizen shall perform military service and participate in building a national
defense of all the people.
Article
46
A
citizen has the obligation to obey the Constitution and law; participate in the
safeguarding of national security and social order and safety, and observe the
rules of public life.
Article
47
Everyone
has the obligation to pay taxes in accordance with the law.
Article
48
Foreigners
residing in Vietnam shall abide by the Vietnamese Constitution and law; and
have their lives, property, rights and legitimate interests protected by
Vietnamese law.
Article
49
Foreign
nationals who are persecuted for taking part in the struggle for freedom and
national independence, for socialism, democracy and peace, or for engaging in
scientific pursuits may be considered for granting of asylum by the State of
the Socialist Republic of Vietnam.
Chapter
III
ECONOMY, SOCIAL AFFAIRS, CULTURE, EDUCATION, SCIENCE,
TECHNOLOGY AND ENVIRONMENT
Article
50
The
Socialist Republic of Vietnam shall build an independent and self-reliant
economy, bringing into full play its internal strengths and international
integration and cooperation, in close association with cultural development,
social progress and justice, environmental protection, and national
industrialization and modernization.
Article
51
1. The
Vietnamese economy is a socialist-oriented market economy with varied forms of
ownership and economic sectors; the state economy plays the dominant role.
2. All
economic sectors are important components of the national economy. Entities in
different economic sectors are equal before law and shall cooperate and compete
with one another in accordance with law.
3. The
State shall encourage and create the conditions for businesspeople, enterprises
or other individuals or organizations to carry out investment, production or
business activities; and develop economic branches in a sustainable manner in
order to contribute to national construction. The legal property of individuals
and organizations engaged in investment, production or business activities is
protected by law and is not subjected to nationalization.
Article
52
The
State shall develop and improve economic institutions, regulate the economy on
the basis of respect for market rules; delegate, devolve and decentralize the
powers in the state management; promote regional economic links, and ensure the
unity of the national economy.
Article
53
Land,
water resources, mineral resources, resources in the sea and airspace, other
natural resources, and property managed or invested in by the State are public
property, owned by all the people, and represented and uniformly managed by the
State.
Article
54
1.
Land is a special national resource and an important resource for national
development, and is managed in accordance with law.
2. The
State shall allocate or lease land to, and recognize land use rights of,
organizations and individuals. Land users may transfer land use rights,
exercise their rights, and perform their obligations in accordance with law.
Land use rights shall be protected by law.
3. The
State may recover land currently used by organizations or individuals in case
of extreme necessity prescribed by a law for national defense or security
purposes; or socio-economic development in the national or public interest.
Land recovery must be public and transparent, and compensation must be paid in
accordance with the law.
4. The
State may requisition land in cases of extreme necessity prescribed by a law to
perform national defense and security tasks or during a state of war or a state
of emergency, or in response to a natural disaster.
Article
55
1. The
state budget, national reserve, state financial funds and other public
financial resources must be uniformly managed by the State and shall be used in
an efficient, fair, public, transparent and lawful manner.
2. The
state budget consists of the central budget and local budgets, in which the
central budget plays the leading role and ensures national spending needs.
State budget revenues and expenditures must be estimated and must be prescribed
by a law.
3. The
national monetary unit is the Vietnam dong. The State shall ensure the
stabilization of the national currency value.
Article
56
Agencies,
organizations and individuals shall practice thrift and combat waste, and
prevent and fight corruption in socio-economic activities and the state
management.
Article
57
1. The
State shall encourage and create the conditions for organizations and
individuals to create jobs.
2. The
State shall protect the lawful rights and interests of employees and employers
and create the conditions for the establishment of progressive, harmonious and
stable employment relations.
Article
58
1. The
State and society shall make investments to further the protection of and care
for the People’s health, implement the universal health insurance, and adopt
policies to prioritize health care for ethnic minority people and people living
in mountainous areas, on islands, and in areas that have extremely difficult
socio-economic conditions.
2. The
State, society and family are responsible for protecting and caring for the
health of mothers and children, and for family planning.
Article
59
1. The
State and society shall honor, commend, reward, and implement preferential
treatment policies to, people who have rendered meritorious service to the
country.
2. The
State shall create equal opportunities for citizens to enjoy social welfare,
develop the social security system, and adopt policies to support elderly
people, people with disabilities, poor people, and other disadvantaged people.
3. The
State shall adopt housing development policies and create the conditions for
everyone to have his or her own home.
Article
60
1. The
State and society shall care for the creation and development of an advanced
Vietnamese culture that is deeply imbued with the national identity and has
absorbed the cultural quintessence of humanity.
2. The
State and society shall develop literature and the arts in order to meet the
diverse and healthy spiritual needs of the People; and develop the mass media
to meet the People’s demands for information and to serve national construction
and defense.
3. The
State and society shall create an environment for building prosperous,
progressive and happy Vietnamese families, and developing Vietnamese people
with good health, cultural qualities, patriotism, a spirit of solidarity, a
sense of mastery and civic responsibility.
Article
61
1. To
develop education is a top national policy that aims to increase public
intellectual standards, develop human resources, and nurture talented people.
2. The
State shall prioritize investment in, and attract other investment sources for,
education; care for pre-school education; and ensure free compulsory primary
education; gradually universalize secondary education; develop higher education
and vocational education; and implement reasonable scholarship and school fee
policies.
3. The
State shall prioritize the development of education in mountainous areas, on
islands, in ethnic minority areas, and in areas that have extremely difficult
socio-economic conditions; prioritize the employment and development of
talented people; and create the conditions for people with disabilities and
poor people to receive education and vocational training.
Article
62
1. To
develop science and technology is a top national policy, playing the key role
in national socio-economic development.
2. The
State shall prioritize investment in, and encourage organizations and
individuals to invest in, research, development, transfer and effective
application of scientific and technological achievements; guarantee the right
to conduct scientific and technological research; and protect intellectual
property rights.
3. The
State shall create the conditions for everyone to participate in, and to enjoy
the benefits from, scientific and technological activities.
Article
63
1. The
State shall adopt environmental protection policies; manage and use natural
resources in an efficient and sustainable manner; conserve nature and
biodiversity; and take the initiative in preventing and controlling natural
disasters and responding to climate change.
2. The
State shall encourage all activities for environmental protection and the
development and use of new energy and renewable energy.
3.
Organizations and individuals that cause environmental pollution, natural
resource exhaustion or biodiversity depletion shall be strictly punished and
shall rectify and compensate for damage.
Chapter
IV
DEFENSE OF THE FATHERLAND
Article
64
To
defend the socialist Vietnamese Fatherland is the mission of all the people.
The
State shall consolidate and strengthen national defense by all the people and
the people’s security, with the people’s armed forces as the core; and fully
utilize the total strength of the country to defend firmly the Fatherland,
thereby contributing to protecting peace in the region and around the world.
All
agencies, organizations and citizens shall fulfill their national defense and
security tasks.
Article
65
The
people’s armed forces shall show absolute loyalty to the Fatherland, the
People, the Party and the State; protect the independence, sovereignty, unity
and territorial integrity of the Fatherland, national security, and social
order and safety; safeguard the People, the Party, the State and the socialist
regime; and join the entire people in national construction and the performance
of international duties.
Article
66
The
State shall build a revolutionary People’s Army that is regular, well-trained
and gradually modernized, which has an appropriate permanent force, a large and
powerful reserve force, and a strong and extensive self- defense and militia
force, as the core for performing national defense tasks.
Article
67
The
State shall build a revolutionary People’s Public Security force that is
regular, well-trained and gradually modernized, as the core to safeguard national
security, ensure social order and safety, and prevent and fight crime.
Article
68
The
State shall promote the People’s patriotism and revolutionary heroism and
educate the entire people in national defense and security; build the national
defense and security industry; ensure proper equipment for the people’s armed
forces, and combine national defense and security with economic activities and
vice versa; implement policies regarding military families; ensure the
material and spiritual lives of the officers, soldiers, workers and employees
consistent with the nature of the activities of the People’s Army and People’s
Public Security force; and build powerful people’s armed forces and unceasingly
strengthen their national defense capability.
Chapter
V
THE NATIONAL ASSEMBLY
Article
69
The
National Assembly is the highest representative body of the People and the
highest state power body of the Socialist Republic of Vietnam.
The
National Assembly shall exercise constitutional and legislative powers, decide
on important issues for the country, and conduct the supreme oversight over the
activities of the State.
Article
70
The
National Assembly has the following tasks and powers:
1. To
make and amend the Constitution; to make and amend laws;
2. To
exercise the power of supreme oversight over the observance of the
Constitution, laws and resolutions of the National Assembly; to review work
reports of the President, Standing Committee of the National Assembly,
Government, Supreme People's Court, Supreme People's Procuracy, National
Election Council, State Audit Office, and other agencies established by the
National Assembly;
3. To
decide on the country's major goals, targets, policies and tasks for
socio-economic development;
4. To
decide on fundamental national financial and monetary policies; to introduce,
change or abolish taxes; to decide on the division of revenues and expenditures
between the central and local budgets; to decide on the safe limits for
national, public and government debts; to decide on state budget estimates and
the allocation of the central budget; and to approve the final accounts of the
state budget;
5. To
decide on state policies on ethnicities and religion;
6. To
regulate the organization and operation of the National Assembly, President, Government,
People's Courts, People's Procuracies, National Election Council, State Audit
Office, local administrations, and other agencies established by the National
Assembly;
7. To
elect, relieve from duty or remove from office the President, Vice Presidents,
Chairperson and Vice Chairpersons of the National Assembly, members of the
Standing Committee of the National Assembly, Chairperson of the Ethnic Council,
Chairpersons of the Committees of the National Assembly, Prime Minister, Chief
Justice of the Supreme People's Court, Procurator General of the Supreme
People's Procuracy, Chairperson of the National Election Council, State Auditor
General, and heads of other agencies established by the National Assembly; to
approve proposals on the appointment, relief from duty or dismissal of the
Deputy Prime Ministers, Ministers or other members of the Government, and
Judges of the Supreme People’s Court; and to approve the lists of members of
the National Defense and Security Council and the National Election Council.
After
being elected, the President, Chairperson of the National Assembly, Prime
Minister, and Chief Justice of the Supreme People’s Court shall take an oath of
loyalty to the Fatherland, the People and the Constitution;
8. To
conduct votes of confidence on persons holding positions elected or approved by
the National Assembly;
9. To
decide on the establishment or abolition of ministries or ministerial-level
agencies of the Government; to establish, dissolve, consolidate, separate or
adjust the administrative boundaries of, provinces, centrally run cities and
special administrative-economic units; or to establish or abolish other
agencies in accordance with the Constitution and law;
10. To
annul documents of the President, Standing Committee of the National Assembly,
Government, Prime Minister, Supreme People's Court and Supreme People's
Procuracy that contravene the Constitution, laws or resolutions of the National
Assembly;
11. To
decide on a general amnesty;
12.To
stipulate the titles and ranks in the people's armed forces, diplomatic titles
and ranks, and other state titles and ranks; to institute orders, medals, and
state honorary titles;
13. To
decide on issues of war and peace; to determine states of emergency and other
special measures to ensure national defense and security;
14. To
decide on fundamental foreign policies; to ratify, or decide on the accession
to, or withdrawal from, treaties related to war, peace, national sovereignty or
the membership of the Socialist Republic of Vietnam in important international
and regional organizations, treaties on human rights or fundamental rights and
obligations of citizens, and other treaties that are not consistent with the
laws or resolutions of the National Assembly;
15.To
decide to hold referenda.
Article
71
1. The
term of the National Assembly is five years.
2.
Sixty days before the expiration of the term of the National Assembly, a new
National Assembly must be elected.
3. In
special cases, the National Assembly may decide to shorten or extend its term,
at the proposal of the Standing Committee of the National Assembly, if at least
two-thirds of the total number of the National Assembly deputies vote for it.
The extension of the term of the National Assembly must not exceed twelve
months, except in wartime.
Article
72
The
Chairperson of the National Assembly shall preside over National Assembly
sessions; authenticate by his or her signature the Constitution, laws and
resolutions of the National Assembly; lead the work of the Standing Committee
of the National Assembly; organize the conduct of the external relations of the
National Assembly; and maintain a relationship with National Assembly deputies.
Vice
Chairpersons of the National Assembly shall assist the Chairperson in his or
her work as assigned by the Chairperson.
Article
73
1. The
Standing Committee of the National Assembly is the permanent body of the
National Assembly.
2. The
Standing Committee of the National Assembly is composed of the Chairperson,
Vice Chairpersons and Members.
3. The
number of members of the Standing Committee of the National Assembly shall be
decided by the National Assembly. A member of the Standing Committee of the
National Assembly may not concurrently be a member of the Government.
4. The
Standing Committee of the National Assembly shall perform its tasks and
exercise its powers until a new Standing Committee is elected by the succeeding
National Assembly.
Article
74
The
Standing Committee of the National Assembly has the following tasks and powers:
1. To
prepare, convene and preside over sessions of the National Assembly;
2. To
enact ordinances on issues assigned to it by the National Assembly; to
interpret the Constitution, laws and ordinances;
3. To
oversee the implementation of the Constitution, laws and resolutions of the
National Assembly and ordinances and resolutions of the Standing Committee of
the National Assembly; to oversee the activities of the Government, Supreme
People's Court, Supreme People's Procuracy, State Audit Office, and other
agencies established by the National Assembly;
4. To
suspend the implementation of documents of the Government, Prime Minister,
Supreme People's Court or Supreme People's Procuracy that contravene the
Constitution, or laws or resolutions of the National Assembly, and refer those
documents to the National Assembly to decide on their annulment at the next
session; to annul documents of the Government, Prime Minister, Supreme People's
Court or Supreme People's Procuracy that contravene ordinances or resolutions
of the Standing Committee of the National Assembly;
5. To
direct, harmonize and coordinate the activities of the Ethnic Council and the
Committees of the National Assembly; to guide and ensure the conditions for the
work of National Assembly deputies;
6. To
propose the National Assembly to elect, relieve from duty or remove from office
the President, Chairperson or Vice Chairpersons of the National Assembly,
Members of the Standing Committee of the National Assembly, Chairperson of the
Ethnic Council, Chairpersons of the Committees of the National Assembly,
Chairperson of the National Election Council, or State Auditor General;
7. To
supervise and guide the work of the People’s Councils; to annul resolutions of
the People's Councils of provinces or centrally run cities that contravene the
Constitution, laws or documents of state agencies at higher levels; to dissolve
the People's Councils of provinces or centrally run cities in case they cause
serious damage to the interests of the People; 8. To decide on the
establishment, dissolution, consolidation, separation, or adjustment of the
boundaries of, the administrative units under the provinces or centrally run
cities;
9. To
decide to declare a state of war in case the National Assembly cannot meet, and
report it to the National Assembly for decision at its next session;
10. To
decide on general or partial mobilization; to declare or cancel a state of
emergency throughout the country or in a particular locality;
11. To
conduct the external relations of the National Assembly;
12. To
approve proposals on the appointment or relief from duty of ambassadors
extraordinary and plenipotentiary of the Socialist Republic of Vietnam;
13. To
organize referenda in pursuance to decisions of the National Assembly.
Article
75
1. The
Ethnic Council is composed of the Chairperson, Vice Chairpersons and Members.
The Chairperson of the Ethnic Council shall be elected by the National
Assembly; Vice Chairpersons and Members of the Ethnic Council shall be approved
by the Standing Committee of the National Assembly.
2. The
Ethnic Council shall study and make proposals on ethnic issues to the National
Assembly; exercise the power of overseeing the implementation of policies on
ethnic groups, programs and plans for socio-economic development in mountainous
and ethnic minority areas.
3. The
Chairperson of the Ethnic Council may be invited to attend Government meetings
to discuss the implementation of policies on ethnic groups. The Government
shall consult the Ethnic Council before promulgating regulations on the implementation
of policies on ethnic groups.
4. The
Ethnic Council has additional tasks and powers similar to those of the
Committees of the National Assembly set out in Clause 2, Article 76.
Article
76
1. A
Committee of the National Assembly is composed of the Chairperson, Vice
Chairpersons and Members. Chairpersons of the Committees shall be elected by
the National Assembly; Vice Chairpersons and Members of the Committees shall be
approved by the Standing Committee of the National Assembly.
2. The
Committees of the National Assembly shall verify draft laws, proposals on laws,
other drafts, and reports as assigned by the National Assembly or the Standing
Committee of the National Assembly; exercise the oversight power within the
scope of their powers and tasks prescribed by a law; and make proposals on
issues that fall within the scope of their activities.
3. The
establishment or dissolution of the Committees shall be decided by the National
Assembly.
Article
77
1. The
Ethnic Council or the Committees of the National Assembly may request members
of the Government, Chief Justice of the Supreme People's Court, Procurator
General of the Supreme People's Procuracy, State Auditor General or concerned
individuals to make reports, give explanations or provide documents on
necessary matters. The persons who receive requests shall respond.
2.
State agencies shall study and respond to the proposals made by the Ethnic
Council and the Committees of the National Assembly.
Article
78
The
National Assembly may, as necessary, establish an ad-hoc Committee to study and
verify a certain project or investigate a certain issue.
Article
79
1. A
National Assembly deputy shall represent the will and aspirations of the People
of his or her constituency and of the whole country.
2. A National
Assembly deputy shall maintain close ties with voters and submit to their
supervision; collect and truthfully convey their views and aspirations to the
National Assembly and concerned agencies or organizations; meet and report to
the voters on his or her activities and activities of the National Assembly;
respond to the requests and petitions of voters; monitor and press for the
settlement of complaints and denunciations, and guide and assist in the
exercise of the right to complaint or denunciation.
3. A
National Assembly deputy shall inform the People of, and mobilize them to
implement, the Constitution and laws.
Article
80
1.
National Assembly deputies have the right to raise questions to the President,
Chairperson of the National Assembly, Prime Minister, Ministers and other
members of the Government, Chief Justice of the Supreme People's Court,
Procurator General of the Supreme People's Procuracy or State Auditor General.
2. The
questioned persons shall present their answers before the National Assembly at
a session of the National Assembly or, when the National Assembly is in recess,
at a meeting of the Standing Committee of National Assembly; the National
Assembly and the Standing Committee of the National Assembly may, as necessary,
allow the questioned persons to submit written answers.
3.
National Assembly deputies have the right to request agencies, organizations or
individuals to provide information and documents related to the latter’s tasks.
The heads of agencies or organizations, or individuals shall answer questions
raised by deputies within the time limit prescribed by a law.
Article
81
No
National Assembly deputy may be arrested, held in custody, detained or
prosecuted without the consent of the National Assembly or, when the National Assembly
is in recess, without the consent of the Standing Committee of the National
Assembly. In the case a deputy is detained for a flagrant offense, the agency
holding the deputy in custody shall immediately report the case to the National
Assembly or the Standing Committee of the National Assembly for consideration
and decision.
Article
82
1.
National Assembly deputies shall fully perform their tasks; and have the right
to participate as members in the Ethnic Council or a Committee of the National
Assembly.
2. The
Standing Committee of the National Assembly, Prime Minister, Deputy Prime
Ministers, Ministers, Heads of ministerial-level agencies or other agencies of
the State shall create the conditions for National Assembly deputies to perform
their tasks.
3. The
State shall ensure funding for the activities of National Assembly deputies.
Article
83
1. The
National Assembly shall hold sessions in public. The National Assembly may,
when necessary and at the request of the President, Standing Committee of the
National Assembly, Prime Minister or at least one-third of the total number of
the National Assembly deputies, decide to conduct a closed session.
2. The
National Assembly shall hold two sessions a year. The National Assembly shall
hold an extraordinary session when so requested by the President, Standing
Committee of the National Assembly, Prime Minister or at least one-third of the
total number of the National Assembly deputies. The Standing Committee of the
National Assembly shall convene sessions of the National Assembly.
3. The
first session of a newly elected National Assembly must be convened within
sixty days from the date of election of the National Assembly deputies; this
session must be opened and presided over by the Chairperson of the outgoing
National Assembly until the new National Assembly elects its Chairperson.
Article
84
1. The
President, Standing Committee of the National Assembly, Ethnic Council and
Committees of the National Assembly, Government, Supreme People's Court,
Supreme People's Procuracy, State Audit Office, Central Committee of the
Vietnam Fatherland Front, and central bodies of the Front’s member
organizations have the right to submit draft laws to the National Assembly or
submit draft ordinances to the Standing Committee of the National Assembly.
2.
National Assembly deputies have the right to submit their proposals on laws and
ordinances, or draft laws and draft ordinances, to the National Assembly or the
Standing Committee of the National Assembly.
Article
85
1.
Laws and resolutions of the National Assembly must be voted for by more than
half of the total number of the National Assembly deputies; the making or
amendment of the Constitution, decisions to shorten or extend the term of the
National Assembly or to remove from office one of its deputies must be voted
for by at least two-thirds of the total number of the National Assembly
deputies.
Ordinances
and resolutions of the Standing Committee of the National Assembly must be
approved by more than half of the total number of its members.
2.
Laws and ordinances must be promulgated within fifteen days of their passage,
unless the President requests reconsideration of an ordinance.
Chapter
VI
THE PRESIDENT
Article
86
The
President is the Head of State and shall represent the Socialist Republic of
Vietnam internally and externally.
Article
87
The
President shall be elected by the National Assembly from among its deputies.
The
President is responsible, and shall report on his or her work, to the National
Assembly.
His or
her term of office follows the term of the National Assembly. At the expiration
of the term of the National Assembly, the President shall remain in office
until a new President is elected by the succeeding National Assembly.
Article
88
The
President has the following tasks and powers:
1. To
promulgate the Constitution, laws and ordinances; to request the Standing
Committee of the National Assembly to reconsider its ordinances, within ten
days of their passage; if those ordinances are still voted for by the Standing
Committee of the National Assembly and disapproved by the President, the
President shall refer the matter to the National Assembly for decision at its
next session;
2. To
propose to the National Assembly to elect, relieve from duty or remove from
office the Vice President or Prime Minister; and, based on resolutions of the
National Assembly, to appoint, relieve from duty or dismiss Deputy Prime
Ministers, Ministers or other members of the Government;
3. To
propose the National Assembly to elect, relieve from duty or remove from office
the Chief Justice of the Supreme People's Court or Procurator General of the
Supreme People's Procuracy; and, based on resolutions of the National Assembly,
to appoint, relieve from duty or dismiss Judges of the Supreme People's Court;
to appoint, relieve from duty or dismiss Deputy Chief Justices of the Supreme
People's Court, Judges of other Courts or Deputy Procurators General or
Procurators of the Supreme People's Procuracy; to decide on a special amnesty;
or, based on resolutions of the National Assembly, to proclaim a general
amnesty;
4. To
decide on the award of orders, medals, state prizes or state honorary titles;
to decide to permit naturalization in Vietnam, renunciation of Vietnamese
citizenship, restoration of Vietnamese citizenship or deprivation of Vietnamese
citizenship;
5. To
assume command of the people’s armed forces and hold the office of Chairperson
of the National Defense and Security Council; to decide on the award,
promotion, demotion or deprivation of the ranks of general, naval rear admiral,
naval vice admiral and naval admiral; to appoint, relieve from duty or dismiss
the Chief of the General Staff or the Director of the Political General
Department of the Vietnamese People’s Army; based on resolutions of the
National Assembly or the Standing Committee of the National Assembly, to
promulgate or annul decisions to declare a state of war; based on resolutions
of the Standing Committee of the National Assembly, to issue an order on
general mobilization or partial mobilization, to declare or cancel a state of
emergency; or, in case the Standing Committee of the National Assembly cannot
meet, to declare or cancel a state of emergency nationwide or in a particular
locality;
6. To
receive foreign ambassadors extraordinary and plenipotentiary; based on
resolutions of the Standing Committee of the National Assembly, to appoint,
relieve from duty; decide to send or recall ambassadors extraordinary and
plenipotentiary of the Socialist Republic of Vietnam; to confer the ambassadorial
title and rank; to decide on the negotiation and conclusion of treaties in the
name of the State; to submit to the National Assembly for ratification of, or
decision on the accession to, or withdrawal from, the treaties specified in
Clause 14, Article 70; to decide on the ratification of, accession to, or
withdrawal from, other treaties in the name of the State.
Article
89
1. The
National Defense and Security Council is composed of the Chairperson, Vice
Chairperson and Members. The list of members of the National Defense and
Security Council shall be submitted by the President to the National Assembly
for approval.
The
National Defense and Security Council shall work on a collegial basis and make
its decisions by a vote of the majority.
2. The
National Defense and Security Council shall propose the National Assembly or,
when the National Assembly cannot meet, the Standing Committee of the National
Assembly to decide on a state of war; mobilize all forces and capacity of the
country to defend the Fatherland; perform special tasks and exercise special
powers assigned to and vested in it by the National Assembly in case of war;
and decide on the participation of the people’s armed forces in peacekeeping
operations in the region and around the world.
Article
90
The
President may attend meetings of the Standing Committee of the National
Assembly and meetings of the Government.
The
President may request the Government to meet to discuss issues that he or she
considers necessary to fulfill his or her tasks or exercise his or her powers.
Article
91
The
President shall issue orders and decisions for the performance of his or her
tasks or the exercise of his or her powers.
Article
92
The
Vice President shall be elected by the National Assembly from among its
deputies.
The
Vice President shall assist the President in his or her work and may be
delegated certain tasks by the President to perform on behalf of the President.
Article
93
When
the President is incapacitated from work over a long period of time, the Vice
President shall succeed as acting President.
In
case of vacancy of the Presidency, the Vice President shall serve as acting
President until a new President is elected by the National Assembly.
Chapter
VII
THE GOVERNMENT
Article
94
The
Government is the highest state administrative body of the Socialist Republic
of Vietnam, shall exercise executive power, and is the executive body of the
National Assembly.
The
Government is responsible to the National Assembly and shall report on its work
to the National Assembly, the Standing Committee of the National Assembly and
the President.
Article
95
1. The
Government is composed of the Prime Minister, Deputy Prime Ministers,
Ministers, and Heads of ministerial-level agencies.
The
structure and number of members of the Government shall be decided by the
National Assembly.
The
Government shall work on a collegial basis and make its decisions by a vote of
the majority.
2. The
Prime Minister is the head of the Government and responsible to the National
Assembly for the work of the Government and assigned tasks; and shall report on
the work of the Government and the Prime Minister to the National Assembly, the
Standing Committee of the National Assembly and the President.
3.
Deputy Prime Ministers shall assist the Prime Minister in his or her work as
assigned by the Prime Minister, and are responsible to the Prime Minister for
their assigned tasks. In the absence of the Prime Minister, a Deputy Prime
Minister delegated by the Prime Minister shall lead the work of the Government
on behalf of the Prime Minister.
4.
Ministers and Heads of ministerial-level agencies are personally responsible to
the Prime Minister, Government and National Assembly for the sectors and fields
under their charge and, together with other members of Government, shall assume
the collective responsibility for the work of the Government.
Article
96
The
Government has the following tasks and powers:
1. To
organize the implementation of the Constitution, laws and resolutions of the
National Assembly, ordinances and resolutions of the Standing Committee of the
National Assembly, and orders and decisions of the President;
2. To
propose and formulate policies to be submitted to the National Assembly or the
Standing Committee of the National Assembly for decision or decide on policies
according to its competence, for the performance of its tasks and the exercise
of its powers set out in this Article; to submit draft laws, draft state budget
estimates and other projects to the National Assembly; and to submit draft
ordinances to the Standing Committee of the National Assembly;
3. To
perform the unified management of the economy, culture, social affairs,
education, health, science, technology, environment, information,
communications, external relations, national defense, national security, and
social order and safety; to carry out orders on general mobilization or partial
mobilization or orders to proclaim a state of emergency, and take other
necessary measures to defend the Fatherland and to protect the People’s lives
and property;
4. To
propose the National Assembly for decision the establishment or abolition of
ministries or ministerial-level agencies; the establishment, dissolution,
consolidation, separation, or adjustment of the administrative boundaries of,
provinces, centrally run cities or special administrative-economic units; to
propose the Standing Committee of the National Assembly for decision the
establishment, dissolution, consolidation, separation or adjustment of the
boundaries of, administrative units under the provinces and centrally run
cities;
5. To
perform the unified management of the national administration system; to manage
cadres, civil servants, public employees, and the public service in state
agencies; to organize inspection and control work, the settlement of complaints
and denunciations, and the fight against bureaucracy and corruption in the
state apparatus; to lead the work of the ministries, ministerial-level
agencies, government-attached agencies, and People’s Committees at all levels;
to guide and examine the People’s Councils in their implementation of the
documents of state agencies at higher levels, to create the conditions for the
People’s Councils to perform their tasks and exercise their powers which are
prescribed by a law;
6. To
protect the rights and interests of the State and society, human rights and
citizens’ rights; and to ensure social order and safety;
7. To
negotiate and conclude treaties in the name of the State, as authorized by the
President; to decide on the conclusion, accession to, ratification of, or
withdrawal from, treaties in the name of the Government, except for treaties to
be submitted to the National Assembly for ratification as specified in Clause
14, Article 70; to protect the interests of the State and the legitimate
interests of Vietnamese organizations or citizens in foreign countries;
8. To
coordinate with the Central Committee of the Vietnam Fatherland Front and
central bodies of the socio-political organizations in the performance of the
tasks and the exercise of the powers of the Government.
Article
97
The
term of the Government follows the term of the National Assembly. At the
expiration of the term of the National Assembly, the Government shall remain in
office until a new Government is elected by the succeeding National Assembly.
Article
98
The
Prime Minister shall be elected by the National Assembly from among its
deputies.
The
Prime Minister has the following tasks and powers:
1. To
lead the work of the Government; to lead the formulation of policies and
organize the implementation of laws;
2. To
lead and take responsibility for the work of the state administration system
from the central to the local level, ensuring the consistency and continuity of
the national administration system;
3. To
submit to the National Assembly for approval proposals on the appointment,
relief from duty or dismissal of Deputy Prime Ministers, Ministers or other
members of the Government; to appoint, relieve from duty or dismiss Deputy
Ministers or officials of equal rank of ministries or ministerial-level
agencies; to approve the election and relief from duty, and to decide on the
transfer or dismissal of Chairpersons and Vice Chairpersons of the People’s
Committees of provinces or centrally run cities;
4. To
suspend the implementation of, or annul the documents, of Ministers, Heads of
ministerial-level agencies, People’s Committees, Chairpersons of the People’s
Committees of provinces or centrally run cities that contravene the
Constitution, laws or documents of state agencies at higher levels; to suspend
the implementation of resolutions of the People’s Councils of provinces or
centrally run cities that contravene the Constitution, laws or documents of
state agencies at higher levels and, at the same time, to propose the Standing
Committee of the National Assembly to annul them;
5. To
decide on and direct the negotiation of, and to direct the conclusion, and
accession to, or ratification of, treaties within the scope of the tasks and
powers of the Government; to organize the implementation of treaties to which
the Socialist Republic of Vietnam is a contracting party;
6. To
make reports to the People through the mass media on important issues falling
within the competence of the Government and the Prime Minister.
Article
99
1.
Ministers and Heads of ministerial-level agencies are members of the
Government, shall preside over their ministries or ministerial-level agencies,
and shall lead the work of their ministries or ministerial-level agencies;
shall perform the state management of the sectors and fields under their
charge; and shall organize and monitor nationwide the implementation of laws
concerning their sectors and fields.
2.
Ministers and Heads of ministerial-level agencies shall report on their work to
the Government and Prime Minister; and make reports to the People on important
issues under their management.
Article
100
The
Government, the Prime Minister, Ministers, and Heads of ministerial-level
agencies shall promulgate legal documents to perform their tasks and exercise
their powers, review the implementation of those documents, and deal with
unlawful documents in accordance with law.
Article
101
The
President of the Central Committee of the Vietnam Fatherland Front and heads of
central bodies of socio-political organizations may be invited to meetings of
the Government that discuss relevant issues.
Chapter
VIII
THE PEOPLE’S COURTS AND THE PEOPLE’S PROCURACIES
Article
102
1. The
People’s Courts are the judicial bodies of the Socialist Republic of Vietnam
and exercise judicial power.
2. The
People’s Courts include the Supreme People’s Court and other Courts prescribed
by a law.
3. The
People’s Courts have the duty to safeguard justice, human rights, citizens’
rights, the socialist regime, the interests of the State, and the lawful rights
and interests of organizations and individuals.
Article
103
1.
Except in the case of trial by summary procedure, Assessors shall participate
in first-instance trials by the People's Courts.
2.
During a trial, the Judges and Assessors are independent and shall obey only
the law. Agencies, organizations or individuals are prohibited from interfering
in a trial by Judges and Assessors.
3. The
People’s Courts shall hold their hearings in public. In a special case which
requires protection of state secrets, conformity with the fine customs and
traditions of the nation, protection of minors or protection of private life
and at the legitimate request of an involved party, the People’s Court may hold
a closed hearing.
4.
Except in the case of a trial by summary procedure, the People’s Courts shall
try cases on a collegial basis and make decisions by a vote of the majority.
5. The
adversarial principle shall be guaranteed in trials.
6. The
first-instance and appellate hearing system shall be guaranteed.
7. The
right of the accused or defendants to a defense, and the right of involved
parties to protect their lawful interests, shall be guaranteed.
Article
104
1. The
Supreme People’s Court is the highest judicial body of the Socialist Republic
of Vietnam.
2. The
Supreme People’s Court shall supervise the judicial work of other Courts,
unless otherwise prescribed by a law.
3. The
Supreme People’s Court shall make overall assessment of adjudicating practices,
ensuring the uniform application of law in trial.
Article
105
1. The
term of office of the Chief Justice of the Supreme People’s Court follows the
term of the National Assembly. The appointment, relief from duty, dismissal,
and term of office of the Chief Justices of other Courts shall be prescribed by
a law.
2. The
Chief Justice of the Supreme People’s Court is responsible, and shall report on
his or her work, to the National Assembly. When the National Assembly is in
recess, he or she is responsible, and shall report on his or her work, to the
Standing Committee of the National Assembly and the President.
The
reporting regime applicable to the Chief Justices of other Courts shall be
prescribed by a law.
3. The
appointment, approval, relief from duty, dismissal, and term of office of
Judges, and the election and term of office of Assessors, shall be prescribed
by a law.
Article
106
The
judgments and decisions of the People’s Courts which have taken legal effect
must be respected by agencies, organizations and individuals and must be
strictly observed by the concerned agencies, organizations or individuals.
Article
107
1. The
People’s Procuracies shall exercise the power to prosecute and supervise
judicial activities.
2. The
People’s Procuracies include the Supreme People’s Procuracy and other Procuracies
as prescribed by a law.
3. The
People’s Procuracies have the duty to safeguard the law, human rights,
citizens’ rights, the socialist regime, the interests of the State, and the
lawful rights and interests of organizations and individuals, thus contributing
to ensuring the strict and unified observance of the law.
Article
108
1. The
term of office of the Procurator General of the Supreme People’s Procuracy
follows the term of the National Assembly. The appointment, relief from duty,
dismissal, and term of office of the Chief Procurators of other Procuracies and
of Procurators shall be prescribed by a law.
2. The
Procurator General of the Supreme People’s Procuracy is responsible, and shall
report on his or her work, to the National Assembly.
When the
National Assembly is in recess, he or she is responsible, and shall report on
his or her work, to the Standing Committee of the National Assembly and the
President. The reporting regime applicable to the Chief Procurators of other
Procuracies shall be prescribed by a law.
Article
109
1. The
People’s Procuracies shall be led by their Chief Procurators. The Chief
Procurator of a People’s Procuracy is subject to the leadership of the Chief
Procurator of the People’s Procuracy at a higher level. The Chief Procurators
of Procuracies at lower levels are subject to the unified leadership of the
Procurator General of the Supreme People’s Procuracy.
2.
When exercising the power to prosecute or to supervise judicial activities, a
Procurator shall abide by the law and is subject to the direction by the Chief
Procurator of the People’s Procuracy.
Chapter
IX
LOCAL ADMINISTRATION
Article
110
1. The
administrative units of the Socialist Republic of Vietnam shall be defined as
follows:
The
country shall be divided into provinces and centrally run cities; A province
shall be divided into rural districts, towns, and provincial cities; a
centrally run city shall be divided into urban districts, rural districts,
towns, and equivalent administrative units;
A
rural district shall be divided into communes and townships; a town or
provincial city shall be divided into wards and communes; and an urban district
shall be divided into wards.
Special
administrative-economic units may be established by the National Assembly.
2. The
establishment, dissolution, consolidation, separation or adjustment of the
boundaries of, an administrative unit must be consulted with local People and
must comply with the process and procedures prescribed by a law.
Article
111
1.
Local administrations shall be organized in administrative units of the
Socialist Republic of Vietnam.
2.
Local administration levels composed of the People’s Council and People’s
Committee shall be organized consistent with the characteristics of the rural
areas, urban areas, islands or special administrative-economic units prescribed
by a law.
Article
112
1.
Local administrations shall organize and ensure implementation of the
Constitution and law in their localities; decide on local issues prescribed by
a law; and submit to the examination and supervision by state agencies at
higher levels.
2. The
tasks and powers of local administrations shall be determined on the basis of
determining the powers between state agencies at the central and local levels
and for each level of local administration.
3.
Local administrations may, as necessary, be assigned certain tasks of state
agencies at higher levels, along with the necessary means to ensure the
performance of those tasks.
Article
113
1. The
People’s Council is the local state power body, representing the will,
aspirations and right to mastery of the local People, shall be elected by the
local People, and is responsible to the local People and state agencies at
higher levels.
2. The
People’s Council shall decide on local issues as prescribed by a law; and
supervise the observance of the Constitution and law in its locality and the
implementation of its own resolutions.
Article
114
1. The
People’s Committee at a local administration level, which shall be elected by
the People’s Council of the same level, is the executive body of the respective
People’s Council and is the local state administrative body, and is responsible
to the People’s Council and state administrative agencies at higher levels.
2. The
People’s Committee shall organize implementation of the Constitution and law in
its locality and implementation of the resolutions of the People’s Council, and
perform the tasks assigned to it by state agencies at higher levels.
Article
115
1. A
People’s Council deputy shall represent the will and aspirations of local
People; shall maintain close ties with voters and be subject to their
supervision, meet and report to voters on his or her own activities and
activities of the People’s Council, respond to their requests and petitions;
and consider and press for the settlement of complaints and denunciations. A
People’s Council deputy has the task of mobilizing the People to implement the
Constitution, law, policies of the State, and resolutions of the People’s
Council, and encouraging the People to participate in the state management.
2. A
People’s Council deputy has the right to raise questions to the Chairperson or
other members of the People’s Committee, Chief Justice of the People’s Court,
Chief Procurator of the People’s Procuracy, and Heads of the agencies of the
People’s Committee. The questioned persons shall present their answers before
the People’s Council. A People’s Council deputy has the right to make proposals
to state agencies, organizations, and units in the locality. The heads of those
agencies, organizations or units shall receive the deputy, then consider and
resolve the issues raised in his or her proposals.
Article
116
1. The
People’s Council and the People’s Committee shall report on the local situation
to the Vietnam Fatherland Front and mass organizations, listen to the opinions
and proposals of those organizations for strengthening the local administration
and socio-economic development; and coordinate with the Vietnam Fatherland
Front and mass organizations in encouraging the People, together with the
State, to perform socio-economic, national defense and security tasks in the
locality.
2. The
President of the Vietnam Fatherland Front and heads of socio-political
organizations in the locality may be invited to sessions of the People’s
Council and to meetings of the People’s Committee of the same level that
discuss relevant issues.
Chapter
X
THE NATIONAL ELECTION COUNCIL, THE STATE AUDIT OFFICE
Article
117
1. The
National Election Council shall be established by the National Assembly and has
the task of organizing the election of National Assembly deputies, and
directing and guiding the election of deputies to People’s Councils at all
levels.
2. The
National Election Council is composed of the Chairperson, Vice Chairpersons and
Members.
3. The
organization and specific tasks and powers of the National Election Council and
the number of its members shall be prescribed by a law.
Article
118
1. The
State Audit Office shall be established by the National Assembly, operate
independently, abide only by the law, and audit the management and use of
public finance and assets.
2. The
State Auditor General is the head of the State Audit Office and shall be
elected by the National Assembly. The term of office of the State Auditor
General shall be prescribed by a law.
The
State Auditor General is responsible, and shall report on audit results and his
or her work, to the National Assembly. When the National Assembly is in recess,
he or she is responsible, and shall report on his or her work, to the Standing
Committee of the National Assembly.
3. The
organization and specific tasks and powers of the State Audit Office shall be
prescribed by a law.
Chapter
XI
EFFECTIVENESS OF THE CONSTITUTION AND AMENDMENT TO THE
CONSTITUTION
Article
119
1. The
Constitution is the fundamental and supreme law of the Socialist Republic of
Vietnam.
All
other legal documents must conform to the Constitution.
All
violations of the Constitution shall be dealt with.
2. The
National Assembly and its agencies, the President, the Government, People’s
Courts, People’s Procuracies, other agencies of the State and all the People
shall defend the Constitution.
The
mechanism to defend the Constitution shall be prescribed by a law.
Article
120
1. The
President, the Standing Committee of the National Assembly, the Government or
at least one-third of the total number of the National Assembly deputies have
the right to propose the making of, or an amendment to, the Constitution. The
National Assembly shall decide on the making of, or amendment to, the
Constitution when at least two-thirds of the total number of the National
Assembly deputies vote for it.
2. The
National Assembly shall establish a Constitution Drafting Committee. The
composition and number of members, tasks and powers of the Constitution
Drafting Committee shall be decided by the National Assembly at the proposal of
the Standing Committee of the National Assembly.
3. The
Constitution Drafting Committee shall draft the Constitution, collect the
opinions of the People on the draft, and submit it to the National Assembly.
4. The
Constitution shall be adopted when at least two-thirds of the total number of
the National Assembly deputies vote for it. The holding of a referendum on the
Constitution shall be decided by the National Assembly.
5. The
time limit for the promulgation and effective date of the Constitution shall be
decided by the National Assembly.
This
Constitution was adopted on November 28, 2013, by the XIIIth National Assembly
of the Socialist Republic of Vietnam, at its 6th session.-
CHAIRPERSON OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung |