PDF generated: 28 Mar 2017, 17:25 constituteproject.org Viet Nam's Constitution of 1992 with Amendments through 2013 Translated by International IDEA's Constitution building Programme Prepared for distribution on constituteproject.org with content generously provided by International IDEA. This document has been recompiled and reformatted using texts collected in International IDEA's ConstitutionNet.org PDF generated: 28 Mar 2017, 17:25 Table of contents Preamble. 3 CHAPTER I: POLITICAL SYSTEM. 3 CHAPTER II: HUMAN RIGHTS AND CITIZEN’S FUNDAMENTAL RIGHTS AND DUTIES.
7 CHAPTER III: ECONOMY, SOCIETY, CULTURE, EDUCATION, SCIENCE, TECHNOLOGY, AND ENVIRONMENT. 14 CHAPTER IV: DEFENCE OF THE FATHERLAND. 17 CHAPTER V: THE NATIONAL ASSEMBLY. 18 CHAPTER VI: THE STATE PRESIDENT.
26 CHAPTER VII: THE GOVERNMENT. 28 CHAPTER VIII: PEOPLE’S COURT AND PEOPLE’S PROCURACY. 31 CHAPTER IX: THE LOCAL GOVERNMENT. 34 CHAPTER X: THE NATIONAL COUNCIL OF ELECTION AND THE STATE AUDIT.
36 CHAPTER XI: THE EFFECT OF THE CONSTITUTION AND THE AMENDMENT OF THE CONSTITUTION. 37 Viet Nam 1992 (rev.org PDF generated: 28 Mar 2017, 17:25 • Reference to country's history Preamble • Reference to fraternity/solidarity In the course of their millennia-old history, the Vietnamese people, working diligently, creatively, and fighting courageously to construct and defend their country, have forged a tradition of patriotism, solidarity, humaneness and righteousness, perseverance and indomitableness, and have created Vietnamese civilization and culture. • Political theorists/figures Starting in 1930, under the leadership of the Communist Party of Vietnam formed and trained by President Ho Chi Minh, our people waged a protracted revolutionary struggle full of hardships and sacrifices for the independence and freedom of the nation and happiness of the people. August Revolution was successful, and on 2 September 1945, President Ho Chi Minh announced the Declaration of Independence, founding the Democratic Republic of Vietnam which is now the Socialist Republic of Vietnam.
With the will and the power of entire nation, and with the assistance of friends across the world, our people have gained great victories in national liberation wars, unified the country, defended the Fatherland, fulfilled international duties, attained historic great achievements in the task of renovation, leading the nation to socialism. • Source of constitutional authority Institutionalizing the Political Creed of building the nation during the transitional • Motives for writing constitution period to socialism, and inheriting the 1946 Constitution, 1959 Constitution, 1980 Constitution, and 1992 Constitution, the Vietnamese People frame, implement, and protect this Constitution for the objectives of wealthy people, powerful nation, democracy, justice, and civilization. CHAPTER I: POLITICAL SYSTEM Article 1 The Socialist Republic of Vietnam is an independent, sovereign and united country, which in its territorial integrity comprises its mainland, islands, territorial waters and air space. Article 2 • Type of government envisioned 1.
The Socialist Republic of Vietnam State is a socialist rule of law State of the people, by the people, and for the people. • Mentions of social class 2. The people are the masters of the Socialist Republic of Vietnam State; all state powers belong to the people whose base is the alliance between the working class, the peasantry, and the intelligentsia. The State powers are unified and distributed to state bodies, which shall coordinate with and control one another in the exercise of the legislative, executive and judiciary powers.
Viet Nam 1992 (rev.org PDF generated: 28 Mar 2017, 17:25 Article 3 The State guarantees and promotes the people's mastery; acknowledges, respects, and protects human rights and citizens’ rights; implements the objectives of affluent people, powerful state, democracy, justice, civilization, and that all people enjoy abundant, free, and happy life and are given conditions for all-sided development. • Preferred political parties • Restrictions on political parties Article 4 • Political theorists/figures 1. The Communist Party of Vietnam, the vanguard of the Vietnamese working • Mentions of social class class, simultaneously the vanguard of the toiling people and of the Vietnamese nation, the faithful representative of the 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 leading force of the State and society. The Communist Party of Vietnam maintains intimate contact with the people, serves the people, submits to people’s supervision, and is accountable to the people in its decisions.
All Party organizations and members of the Communist Party of Vietnam operate within the framework of the Constitution and the laws. • Integration of ethnic communities Article 5 1. The Socialist Republic of Vietnam is the unified nation of all nationalities living on the territory of Vietnam. • Equality regardless of nationality 2.
All nationalities are equal, solidary, mutually respect and assist in their • Reference to fraternity/solidarity developments; all acts of national discrimination and division are strictly forbidden. • Right to culture 3. The national language is Vietnamese. Every nationality has the right to use • Official or national languages • Protection of language 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 implements a policy of comprehensive development, and provides conditions for the national minorities to promote their internal abilities and to develop together with the nation. Article 6 The people practice the state power under the forms of direct democracy and indirect democracy through the National Assembly, the People’s Councils and other state agencies. Viet Nam 1992 (rev.org PDF generated: 28 Mar 2017, 17:25 Article 7 • Secret ballot 1. Elections of representatives of the National Assembly and representatives • First chamber selection • Municipal government of the People's Councils are held in accordance with the principles of • Subsidiary unit government • Claim of universal suffrage universal, equal, direct, and secret suffrage.
• Removal of individual legislators 2. A representative of the National Assembly and a representative of a People's Council shall be removed from office by the electors or the National Assembly or the People's Council, when he or she is no longer worthy of the confidence of the people. The State is organized and operates in concordance with the Constitution and the laws, governs the society by the Constitution and the laws, and practices the principle of democratic centralism. All State agencies, cadres, officials and employees must show respect for the people, devotedly serve the people, maintain close contact with the people, listen to their opinions and submit to their supervision; resolutely struggle against corruption, wastefulness and all manifestations of bureaucracy, arrogance, authoritarianism.
The Vietnam Fatherland Front is a political alliance and a voluntary union of political organizations, sociopolitical organizations, social organizations and individuals representing their social classes and strata, nationalities, religions, and overseas Vietnamese. • Reference to fraternity/solidarity The Vietnam Fatherland Front constitutes the political base of the people's government; represents and protects legal and legitimate rights and interests of the people; gathers and promotes the power of great national solidarity, practicing democracy and enhancing social consensus; practices social supervision and critic; participates in the construction of the Party and the State and popular activities of foreign relations, contributing to building and defending the Fatherland. • Political theorists/figures 2. The Vietnam Trade Union, the Vietnam Peasant Society, the Ho Chi Minh Communist Youth Union, the Vietnam Women Society, the Vietnam Veteran Society are sociopolitical organizations created on the voluntary base, represent and protect the legal and legitimate rights and interests of their members, and cooperate with others members of the Fatherland Front, unifying the activities of the Fatherland Front.
The Vietnam Fatherland Front, its member organizations, and other social organizations operate in accordance with the framework of the Constitution and the laws. The State provides conditions for the activities of the Vietnam Fatherland Front, its member organizations, and other social organizations. Viet Nam 1992 (rev.org PDF generated: 28 Mar 2017, 17:25 • Right to join trade unions • Mentions of social class Article 10 The Trade Union is the socio-political organization of the working class and the toiling people, created on the voluntary base, represents the workers, looks after and protects the legitimate and legal rights and interests of the workers; participates in state administration and social management; participates in the control, inspection, and supervision of the activity of State organs, organizations, units, and enterprises with respects to the matters concerning the rights and duties of the workers; propagandizes and mobilizes learning, development of the ability and professional skills, conformity of laws, and construction and defence of the Fatherland among the workers. The Vietnamese Fatherland is sacred and inviolable.
All acts against the independence, sovereignty, unity, and territorial integrity, against the career of construction and defence of the Fatherland, shall be strictly punished. • International law • International organizations Article 12 The Socialist Republic of Vietnam consistently carries out a diplomatic policy of independence, autonomy, peace and friendship, cooperation, and development; seeks to multilateral and diversified relations, and actively seek to 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, equality, and mutual interest; conforms to the Charter of the United Nation and international treaties in which Vietnam is a member; is a friend, trust partner, and responsible member in international community for national interests and the contribution to the world for peace, national independence, democracy, and social progress. Article 13 • National flag 1. The national Flag is rectangular in shape, its width being equal to two-thirds of its length; in the middle of a red background is a five-pointed gold star.
The National Emblem is circular in shape; in the middle of a red background is a five-pointed gold star framed by rice ears below which is half a cog wheel and the inscription "Socialist Republic of Vietnam". The national anthem of the Socialist Republic of Vietnam is the music and words of the "March to the Front". The National Day is the day of the Declaration of Independence, the Second of September 1945. The capital of the Socialist Republic of Vietnam is Hanoi.
Viet Nam 1992 (rev.org PDF generated: 28 Mar 2017, 17:25 CHAPTER II: HUMAN RIGHTS AND CITIZEN’S FUNDAMENTAL RIGHTS AND DUTIES Article 14 • Right to culture 1. In the Socialist Republic of Vietnam, political, civic, economic, cultural and social human rights and citizen’s rights are recognized, respected, protected, and guaranteed in concordance with the Constitution and the law. Human rights and citizen’s rights shall only be restricted in imperative circumstances for the reasons of national defence, national security, social order and security, social morality, and the health of the community. Citizen's rights are inseparable from citizen’s duties.
• Binding effect of const rights 2. Every one has the duty to respect the other’s rights. Citizens are responsible to practice their duties to the state. The practice of human rights and citizen’s rights cannot infringe national interests, and the other’s legal and legitimate rights.
• General guarantee of equality Article 16 1. All citizens are equal before the law. • Equality regardless of social status 2. No one shall be discriminated in his or her political, civic, economic, cultural, • Equality regardless of financial status • Equality regardless of political party and social life.
Article 17 • Requirements for birthright citizenship 1. A citizen of the Socialist Republic of Vietnam is a person with Vietnamese nationality. A Vietnamese citizen shall not be expelled or handed over to other nations. A Vietnamese citizen residing abroad shall be protected by the Socialist Republic or Vietnam Viet Nam 1992 (rev.org PDF generated: 28 Mar 2017, 17:25 Article 18 1.
Overseas Vietnamese make up an inseparable part of the Vietnamese nationalities community. The Socialist Republic of Vietnam encourages and creates conditions for Vietnamese residing abroad to preserve the Vietnamese cultural identity, maintain close ties with their families and native land, and to contribute to the construction of the native land and the nation. • Right to life Article 19 Every one has the right to live. Human life is protected by the law.
No one shall be illegally deprived of his or her life.