Hiến pháp Preamble
In the course of their millennia-old history, the Vietnamese people, working diligently, creatively, and fighting courageously to build their country and defend it, have forged a tradition of unity, humanity, uprightness, perseverance and indomitableness for their nation and have created Vietnamese civilization and culture.
reamble
hapter I: THE POLITICAL REGIME
hapter II: ECONOMIC SYSTEM
hapter III: CULTURE, EDUCATION, SCIENCE, TECHNOLOGY
hapter IV: DEFENCE OF THE SOCIALISTE VIETNAMESE MOTHERLAND
hapter V: FUNDAMENTAL RIGHTS AND DUTIES OF THE CITIZEN
hapter VI: THE NATIONAL ASSEMBLY
hapter VII: THE COUNTRY'S PRESIDENT
hapter VIII: THE GOVERNMENT
hapter IX: THE PEOPLE'S COUNCIL AND THE PEOPLE'S COMMITTEES
hapter X: THE PEOPLE'S COURT AND THE PEOPLE'S OFFICE OF SUPERVISION
AND CONTROL
hapter XI: THE NATIONAL FLAG, NATIONAL EMBLEM, NATIONAL ANTHEM,
NATIONAL CAPITAL, NATIONAL DAY
hapter XII: EFFECT OF THE COSTITUTION AND AMENDMENTS TO THE
COSTITUTION
This Constitution was unanimously approved by the 8th National Assembly of the Socialist
Republic of Vietnam at its 11th session, sitting of 15 April 1992, at 11.45 a.m.
PREAMBLE
In the course of their millennia-old history, the Vietnamese people, working diligently, creatively,
and fighting courageously to build their country and defend it, have forged a tradition of unity, humanity,
uprightness, perseverance and indomitableness for their nation and have created Vietnamese civilization
and culture.
Starting in 1930, under the leadership of the Communist
Party of Vietnam formed and trained by President Ho Chi Minh,
they waged a protracted revolutionary struggle full of hardships
and sacrifices, resulting in the triumph of the August Revolution.
On 2 September 1945, President Ho Chi Minh read the
Declaration of Independence and the Democratic Republic of
Vietnant came into existence. In the following decades, the people
of all nationalities in our country conducted an uninterrupted
struggle with the precious assistance of friends throughout the
world, especially the socialist countries and the neighbouring
countries, achieved resounding exploits, the most outstanding At the 11th session, VIII National
ones being the historic Dien Bien Phu and Ho Chi Minh Assembly the Constitution 1992 has
been approved
campaigns, defeated the two wars of aggression by the
colonialists and- the imperialists, liberated the country, reunified the motherland, and brought to
completion the people's national democratic revolution. On 2 July 1976, the National Assembly of
reunified Vietnam decided to change the country's name to the Socialist Republic of Vietnam; the country
entered a period 'Of transition to socialism, strove for national construction, and unyieldingly defended its
frontiers while fulfilling its internationalist duty.
In successive periods of resistance war and national construction, our country adopted the 1946,
1959, and 1980 Constitutions..
Starting in 1986, a comprehensive national renewal advocated by the 6th Congress of the
Communist Party of Vietnam has achieved very important initial results. The.National Assembly has
decided to revise the 1980 Constitution in response to the requirements of the new situation and tasks.
This Constitution establishes our political regime, economic system, social and cultural institutions;
it deals with our national defence and security, the fundamental rights and duties of the citizen, the
structure and principles regarding the organization and activity of State organs; it institutionalizes the
relationship between the Party as leader, the people as master, and the State as administrator.
In the light of Marxism-Leninism and Ho Chi Minh's thought, I carrying into effect the Programme of
national construction in the period of transition to socialism, the Vietnamese people vow to unite millions
as one, uphold the spirit of self-reliance in building the country, carry out a foreign policy of independence,
sovereignty, peace, friendship and cooperation with all nations, strictly abide by the Constitution, and win
ever greater successes in their effort to renovate, build and defend their motherland.
CHAPTER I: THE POLITICAL REGIME
Article 1
The Socialist Republic of Vietnam is an independent and sovereign country enjoying unity and
territorial integrity, including its mainland, islands, territorial waters and air space.
Article 2
The Socialist Republic of Vietnam is a State of the people, from the people, for the people. All
State power belongs to the people and is based on an alliance between the working class, the peasantry,
and the intelligentsia.
Article 3
The State guarantees and unceasingly promtites the people's mastery in all f-telds, and severely
pun'tshes all acts violating the interests of the motherland and the people; it strives to build a rich and
strong country in which social justice prevail, 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 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 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.
Article 6
The people make use of State power through the agency of the National Assembly and the
People's Councils, which represent the will and aspiration 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 suffage.
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 State organs, cadres and employees must show respect for the people, devotedly serve them,
maintain close links with them, listen to their opinions and submit themselves to their control; all
manifestations of bureaucratism arrogance, arbitrariness and coruption 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 tradtion of national solidarity, strengthens the people'sunity 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 efective functioning of the Fatherland Front and
its component organizations.
Article 10
The trade union, being the socio-political organization of the working class and the toiling people,
joins State organs, economic and social bodies in looking after and safguarding 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; educate
cadres, workers, employees and other labouring people to work well for national construction and
defence.
Article 11
The citizen exercises his right to mastery at the grassroots by participating in State and social
affairs; he is dutybound to help protect public propety, legitimate civic 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, sovereignity, unity, and territorial
integrity of the motherland against the construction and defence of the socialist Vietnamese motherland,
shall be severely punished in accordance with the law
Article 14
The Socialist Republic of Vietnam carries out a policy of peace and friendship, seek to expand its
relations and cooperation with all countries in the world regardless of political and social regime on the
basis of respect for each other's independence, sovereignity and territorial integrity, non-interference in
each other's internal affairs, equality, and cooperation with the socialist countries and neighbouring
countries; it actively supports and participates in the common struggle of the peoples of the world for
peace, national independence, democracy and social progress./.
CHAPTER II: ECONOMIC SYSTEM
Article 15
The State promotes a multi-component commodity economy functioning in accordance with market
mechanisms under the management of the State and following a 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 needs by releasing all productive potential,
developing all latent possibilities of all components of the economy - the State sector, the collective
sector, the private individual sector, the private capitalist sector, and the State capitalist sector in various
forms - punishing on with the construction of material and technical bases, broadening economic,
scientific, technical cooperation and expanding intercourse with world markets.
Article 17
The land, forests, rivers and lakes, water supplies, wealth lying underground or coming from the
sea, the continental shelf and the air, the funds and property invested by the State in enterprises and
works in all branches and fields - the economy, culture, society, science, technology, external relations,
national defence, security - and all other property determined by law as belonging to the State, come
under ownership by the entire people.
Article 18
The State manages all the landin 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 organization 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 tranfer the right to use the 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 coperative
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 coperatives and
allowing them to operate efficiently.
Article 21
In the private individual and private capitalist sectors people can adopt their own ways of
organizing production and trading; they can set up enterprises of unrestricted scope in fields of activity
which are beneficial to the country and the people.
Encouragement shall be given to the development of the family economy.
Article 22
Production and trading enterprises belonging to all components of the economy must fulfil all their
obligations to the State; they are equal before the law; their capital and lawful property shall receive State
protection.
Enterprises belonging to all components of the economy can enter into joint venture and
partnership with individuals and economic organizations at-home and abroad in accordance with the
provisions of the law.
Article 23
The lawful property of individuals and organizations shall not be nationalized.
In cases made absolutely necessary by reason of national defence, security and the national
interest, the State can make a forcible purchase of or can requisition pieces of property of individuals or
organizations against compensation, taking into account current market prices.
The formalities of the forcible purchase or requisition shall tx. determined by law.
Article 24
The State manages and expands external economic relations, promotes economic ties of all kinds
with all nations and all international organisations on the basis of the principles of respect for each other's
independence and sovereignty, mutual advantage, and aiming at the protection and stimulation of
domestic production. .
Article 25
The State 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.
Enterprises 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 practise economy in all its economic social and managerial activities.
Article 28
All illegal production and trading activities, all acts wrecking the national economy and damaging
the interests of the State, the rights and lawful interests of collectives and individual citizens, shall be dealt
with severely and equitably by the law.
The State shall enact policies protecting the rights and interests of the producers and the
consumers.
Article 29
State organs, units of the armed forces, economic and social bodies, and all individuals must abide
by State regulations on the rational use of natural wealth and on environmental protection.
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 among the people shall be developed to the full.
The State undertakes the overall administration of cultural activities. The propagation of all
reactionary and depraved thought and culture is forbidden; superstitions and harmful custonis 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 culture.d and happy, marked by patriotism, love of socialism, a genuinely
internationalist spirit, friendship and cooperation with all nations in the world.
Article 32
Literature and art contribute to fostering the personality of and nurturing spiritual nobility and
beauty in the Vietnamese man.
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 works; it shall give its
patronage to creative talent in literature.and the arts.
The State shall promote diversity in literary and artistic activity; it shall give encouragement to
mass literary and artistic activities.
Article 33
The State shall promote information work, the press, radio, television, cinema, publishing, libraries
and other means of mass communication. Shall be strictly banned all activities in the fields of culture and
information that are detrimental to national interests, and destructive of the personality, morals, and fine
lifeway of the Vietnamese.
Article 34
The State and society seek to preserve and develop the national cultural heritage; they take good
care of preservation and museum work; they look after the repair and maintikance of, and seek to obtain
the best effects from, historical vestiges, revolutionary relics, items of the national heritage, artistic works,
and places with beautiful scenery.
All acts in infringing historical vestiges, revolutionary relics, art works and places with beautiful
scenery are strictly forbidden.
Article 35
Education and training are top-priority policies.
The State develops educational work with a view to heightening the people's spirit, training
manpower, and fostering talent.
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 competitions and the system of diplomas and certificates.
The State shall ensure the harmonious development of the educational system: preschool
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 highlands, 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; str'ves to build
an advanced science and technology; sees to a well-coordinated development of all scientific branches
with the aim of laying a scientific groundwork for the enactment of lines, policies and laws, renovating
technologies, promoting productive forces, upgrading managerial skills, ensuring proper standards and
rate of economic development, and contributing to national defence and security.
Article 38
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; devises many forms of organization and
activity for researchers, ties scientific research to the requirements of socioeconomic development,
ensures good coordination 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 develoment of, and exercises unified management
over the protection of the people's health; it mobifizes and organizes all social forces in the building and
development of Vietnamese medicine following a far-sighted orientation; prev6ntion shall be combined
with treatment, traditional medicine and pharmacology with modern medicine and pharmacology, State
health services with people's health services; the State shall see to the organization of health insurance
and create the necessary conditions for all citizens to enjoy health care.
Priority is given to the programme of health care for highlanders and national minorities.
It is strictly forbidden to private 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 ill, the school; it shall give encouragement and
assistance to various forms of physical culture and sports activity freely practised by the people; it shall
create the necessary condiI tions 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; tourist activities shall be expanded at home and
internationally.
Article 43
The State shall expand international intercourse and cooperation in the fields of culture,
information, literature, art, science, technology, education, health care, physical culture and sports.
CHAPTER IV: DEFENCE OF THE SOCIALISTE VIETNAMESE
MOTHERLAND
Article 44
The entire people shall endeavour to defend the socialist Vietnamese motherland and ensure
national security.
The State shall consolidate and strengthen national defence by the entire people and the people's
security, the people's armed forces being regarded as the core, and shall de'velop to the full the
aggregate strength of the country to defend the national territory.
All State organs, economic bodies, social organizations and all citizens shall fulfil all their national
defence and security obligations as laid down by the law.
Article 45
All units of the people's armed forces must show absolute loyalty to the motherland and the
people; their duty is to stand ready to fight to safeguard national independence and sovereignty, the
country's unity and territorial integrity, national security and social order, to safeguard the socialist regime
and the fruits of the revolution, and to join the entire people in national construction.
Article 46
The State shall build a revolutionary people's army which shall be a well-trained regular army to be
gradually modernized; it shall build up powerful reserves and self-defence militia by combining national
construction with national defence, the strength of the people's armed forces with that of the entire
people, the strength of the traditional unity against foreign aggression with that of the socialist regime.
Article 47
The State shall build a revolutionary people's police which shall be a 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 security and social order, political stability and the citizen's freedoms and
democratic rights, the lives and property of the people and socialist property; it shall seek to prevent all
crimes and shall fight against them.
Article 48
The State shall develop to the full the people's patriotism and revolutionary heroism, educate the
entire people in matters of national defence and security, enact a regime of military service and rear-area
policies, build up the national-defence industry to ensure proper equipment for the armed forces. It shall
harmonize national defence with the economy and vice versa, seek to ensure proper material and
spiritual flying conditions for officers and soldiers, national-defence workers and employees. It shall build
powerful people's armed forces and unceasingly reinforce the countty's national-defence potential.
CHAPTER V: FUNDAMENTAL RIGHTS AND DUTIES OF THE
CITIZEN
Article 49
A citizen of the Socialist Republic of Vietnam is a person with Vietnamese nationality.
Article 50
In the Socialist Republic of Vietn'am human rights in the political, civic, economic, cultural and
social fields are respected. They are embodied in the citizen's rights and are determined by the
Constitution and the law.
Article 51
The citizen's rights are inseparable from his duties.
The State guarantees the rights of the citizen; the citizen must fulfil his duties to the State and
society.
The citizen's rights and duties are determined by the Constitution and the law.
Article 52
All citizens are equal before the law.
Article 53
The citizen has the right to participate in the administration of the State and management of
society; the discussion of problems of the country and the region, he can send petitions to State organs
and vote in referendums organized by the State.
Article 54
The citizen, regardless of nationafity, sex, social background, religious befief, cultural standard,
occupation, time of residence, Chap, upon reaching the age of eighteen, have the right to vote, and, upon
reaching the age of twenty-one, have the right to stand for election to the National Assembly and the
People's Councils in accordance with the provisions of the law.
Article 55
The citizen has both the right and the duty to work.
The State and society shafl 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 State protects the citizen's right of lawful ownership and right of inheritance.
Article 59
The citizen has both the right and the duty to receive training and instruction.
Primary education is compulsory and dispensed free of charge.
The citizen has the right to get general education and vocational training in various ways.
With regard to school students with special aptitudes the State and society shall create conditions
for them to blossom out.
The State shall enact policies regarding tuition fees and scholarships.
The State and society shall create the necessary conditions for handicapped children to acquire
general knowledge and appropriate job training.
Article 60
The citizen has the right to carry out scientific and technical research, make inventions and
discoveries, initiate tccnkiicdi 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 ik store and use unlawfully opium and other
narcotics. T'he State shall enact regulations on compulsory treatment of drug addiction and treatment of
dangerous social diseases.
Article 62
The citizen has the right to build dweffin-houses according to zoning regulations and the law. The
rights of lessees and are protected by the law.
Article 63
Male and female citizens have equal rights in all fields - pofitical, economic, cultural, social, and the
family.
All acts of discrimination against women and all acts damaging women's dignity are strictly
banned.
Men and women shall receive equal pay for equal work. Women workers shall enjoy a regime
related to maternity. Women who are State employees and wage-earners shall enjoy paid prenatal and
post-natal leaves during which they shall receive afi 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 insociety; 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 o . f rest
and fulfil their maternal duties.
Article 64
The family is the cell of society.
The State protects marriage and the family.
Marriage shall conform to the principles of free consent, progressive union, monogamy and
equality between husband and wife.
Parents have the responsibility to bring up their children into good citizens. Children and
grandchildren have the duty to show respect to and look after their.parents and grandparents.
The State and society shall recognize no discrimination among children.
Article 65
Children enjoy protection, care and education by the family, the State and society.
Article 66
The family, the State and society shall create favourable conditions for young people to study,
work, relax, develop bodies and minds, and shall educate them in morality, national tradition, civic
consciousness and the socialist iddai, for them to be in the van of creative labour and national defence.
Article 67
War invalids, sick soldiers, and the families of fallen soldiers and revolutionary martyrs shall enjoy
preferential treatment in State policies. War invalids shall enjoy favourable conditions for their physical
rehabilitation, shall be given employment suited to their state of health and assistance in securing stable,
living conditions.
Individuals and families credited with meritorious service to the country shall be given
commendation and reward and shall be looked after.
Old people, infirm people and orphans without support shall receive State assistance
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, fornl 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 foll.ow 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 cane can violate freedom of belief and of religion; nor can anyone misuse beliefs and religions
to contravene the law and State policies.
Artide 71
The citizen, shall enjoy inviolability of the person and the protection of the law with regard to his
fife, health, honour and dignity.
ruling or sanction of the People's Office of Supervision and Control, except in case of flagrant
offences. Taking a perscin into, or holding him in, custody must be done with ftdl observance of the law.
It is strictly forbidden to use all forms of harassment and coercion, torture, violation of his honour
and dignity, against a citizen.
Article 72
No one shall be regarded as guilty and be subjected to punishment before the sentence of the
Court has acquired fufi 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 inviolabifity of his domicile.
No one can enter the domicile of another person without his consent, except in cases authorized
by the law.
Safety and secrecy are guaranteed to the citizen's correspondence, telephone conversations and
telegrams.
Domiciliary searches and the opening, control, and confiscation of a citizen's correspondence and
telegrams can only he 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, dconomic 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 denunciations with the aim of slandering and causing harm to
another person.
Article 75
The State shall protect the legitimate interests of Vietnamese people residing abroad.
The State shall create the necessary conditions for Vietnamese residing abroad to maintain close
ties with their families and native land and to contribute to national construction.
Article 76
The citizen must show loyalty to his motherland. 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 fulfd his military obligation and join in the all-people national defence.
Article 78
The citizen has the duty to respect and protect the property of the State and the public interest.
Article 79
The citizen has the duty to obey the Constitution and the law, join in the safeguarding of national
security and social order and the preserving of national secrets, and abide by the regulation of public life.
Article 80
The citizen has the 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 dorriestic and foreign policies, the
socioeconomic tasks, the country's national-defence and security issues, the essential principles
governing the organization and activity of the State machinery, the social relations and the activities of the
citizen.
The National Assembly shall exercise supreme control over all activities of the State.
Article 84
The National Assembly has the following obligations and powers:
1.To make and amend the Constitution; to make and amend laws; to work out a programme for
making laws and decree-laws;
2.To exercise supreme control over conformity to the Constitution, the law and the resolutions
orthe 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 socioeconomic development
4.To decide the national financial and monetary policies; to decide the draft State budget and
budgetary appropriations; to approve the accounts of the State budget; to estabfish, 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 pountry's President and Vice-President, the
Chairman of the National Assembly, the Vice-Chairmen and members of the Standing Committee of the
National Assembly, the Prime Minister, the President of the Supreme People's Court, the Head of the
Supreme People's Office of Supervision and Control; to sanction the proposals of the country's President
on the establishment of the Council of National Defence and Security; to sarction the Proposals of the
Prime Minister on the appointment, release from duty and removal from office of . Deputy Prime Ministers,
Cabinet Ministers and other members of the Government;
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 ip the people's armed forces, in the diplomatic service and other
State titles and ranks; to institute medals, badges and State honours and distinctions;
12.To decide issues of war and peace; to proctaim a state of emergency and other special
measures aimed at ensuring national defence and security;
13.To decide fundamental policies in external relations; to ratify or annul international agreements
that have been signed or participated in on the proposal of the country's President;
14. To hold a referendum.
Article 85
The duration of each National Assembly is five years.
Two months before the end of its tenure, a new National Assembly shall have been elected. The
electoral procedure and the number of members of the National Assembly shall be established by law.
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 own decision, the Standing Committee may
convene an extraordinary session of the National Assembly.
The first session of the nevay-elected National Assembly shall be convened two months after its
election at the IaLest.y it shall be opened and presided over by the chairman of the outgoing Assembly
until the elecfion by the incoming Assembly of its chairman.
Article 87
The country's President, the Standing Committee of she National Assembly, the Nationalities
Council and Committees of the National Assembly, the Government, the Supreme People's Court, the
Supreme People's Office of Supervision and Control, the Vietnam Fatherland Front and its member
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 the National Assembly of draft laws and motions concerning
laws shah be established by law.
Article 88
Laws and resolutions of the National Assembly must be approved by more than half the total
membership of thd 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 Axticle
85 and to a:mend 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 Comraittee of the National Assembly cannot be at the same time a member of
the Government.
The membership of the Standing Committee shall be determined by the National Assembly. A
member of the Standing Comraittee of the National Assembly cannot be at the same time a member of
the Government.
Article 91
Following are the duties and powers of the Standing Committee of the.National Assembly:
1.To call and preside over the election of the National Assembly;
2. To prepare for, to convene, and preside over the sessions of the National Assembly;
3. To interpret the Constitution, the law, and decree-laws; .
4. To enact decree-laws on matters entrusted to it by the National Assembly;
5. To exercise supervision and control over the implementa.tion 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 Ottice of Supervision and Control; to suspend the execution of the formal written orders of the
Government, the Prime Minister, the Supreme People's Court, the Supreme People's Office of
Supervision and Control, that contravene the Constitution, the law, the resolutions of the National
Assembly; to report the matter to the National Assembly for it to decide the abrogation of such orders; to
repeal the written orders of the Government Prime Minister, the Supreme People's Court the Supreme
People's Office of Supervision and Control that are contrary to the decree-laws and resolutions of the
Standing Committee of the National Assembly;
6. To exercise supervision and control over, and fo give guidance to, the activities of the People's
Councils; to annul wrong resolutions by the People's Councils of provinces and cities under direct central
rule; to disband People's Councils of provinces and cities under direct central rule whenever such
Councils cause serious harm to the interests of the people;
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 to 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 Deputy Prime Minister,
Cabinet Minister, and other members of the Government, and to report such matters to the nearest
session of the National Assembly;
9. In the intervals between sessions of the National Assembly, to -proclaim the state of war in case
of foreign aggression and report the matter to the National Assembly for its approval at its nearest
session;;
10. To proclaim general or partial 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;
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 fulfilment of his
duties as required by him.
Article 93
The decree-laws and resolutions of the Standing Committee of the National Assembly must he
approved by more than half of its membership. They must be made public fifteen days following their
adoption at the latest, except 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 pr(iposals to the National Assembly on issues
concerning the nationalities; supdrvises and controls [email protected] iffipiementation of policies on nationalities, the
execution of programmes and plans for socioeconomic development of the highlands and regions
inhabited by national minorities.
Prior to the promulgation of decisions related to nationafities policies, the Government must consult
the Nationalities Council.
The Chairman of the Nationalities Council can sit iid on meetings of the Standing Committee of the
National Assembly and meetings of the Government at which are discussed ways of putting into effect
policies on nationalities.
The Nationalities Council has also other duties and powers as assigned to the Committees of the
National Assembly in Article 95.
A number of members of the Nationalities Council are in charge of specipl tasks.
Article 95
The National Assembly shall elect its Committees.
The Committees of the National Assembly study and check draft laws, make proposals concerning
laws, draft decree-laws and other drafts, and repor ' ts 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 Suprerne 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 Assembi y 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 Assembiy'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 seekiqg 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 interpellated officials must give an answer at the current session; in case an inquiry is needed
the National Assembly may, decide that the answer should be given to its Standing Committee or at one
of its own subsequent sessions, or may allow the answer to be given in writing.
The deputy to the National Assembly has the right to request State organs, social 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 or prosecuted without the consent of the
National Assembly and, in the intervals between its sessions, without the consent of its Standing
Committee.
In case of a flagrant offence and the deputy is taken into temporary custody, the organ effecting his
arrest must immediately report the facts to the National Assembly or its Standing Committee for it to
examine them and take a decision.
Article 100
The deputy to the National Assembly must devote the necessary time to his work.
It is the responsibility of the Standing Committee of the National Assembly, the Prime Minister, the
Cabinet Ministers, the other members of the Government, and the other State organs to supply him with
the material he requires and to create the necessary conditions for him to fulfd 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.
