Constitution of the Socialist Republic of Vietnam

Article 1 the People, shall submit to the supervision of The Socialist Republic of Vietnam is an the People, and is accountable to the People independent and sovereign count1y enjoying for its decisions. unity and integrity of tenito1y, including the 3. Organizations and members of the mainland, islands, seas and airspace. Communist Party ofVietnam shall operate within the framework of the Constitution and law.

Article 2 1. The State of the Socialist Republic of Article 5 Vietnam is a socialist state mled by law and of 1. The Socialist Republic of Vietnam is a the People, by the People and for the People. unified nation of all ethnicities living together 2. The Socialist Republic of Vietnam is the in the count1y of Vietnam. count1y where the People are the masters; all 2. All the ethnicities are equal and unite the state power belongs to the People and is with, respect and assist one another for mutual based on the alliance of the working class, the development; all acts of disclimination against peasantry and the intelligentsia. and division of the ethnicities are prohibited. 3. The state power is unified and delegated 3. The national language is Vietnamese. to state agencies which coordinate with and Eve1y ethnic gi·oup has the right to use its own control one another in the exercise of the spoken and written language to preserve its legislative, executive and judicial powers. own identity and to promote its fine customs, practices, traditions and culture.

Article 3 4. The State shall implement a policy of The State shall guarantee and promote the comprehensive development and create the People's right to maste1y; recognize, respect, conditions for the minority ethnicities to fully protect and guarantee human lights and citizens' utilize their internal strengths and develop rights; and pursue the goal of a prosperous together with the countiy. people and a strong, democratic, equitable and civilized country, in which all people Article 6 enjoy an abundant, free and happy life and The People shall exercise the state power are given conditions for their comprehensive in the form of direct democracy and of development. representative democracy through the National © Vietnam Law & Legal Fornm 6 Issue nos 06-07/December 2013 (Cong Bao nos 1003-1004/Decemher 29, 2013) Assembly, People's Cotmcils and other state social consensus; conduct social supe1vision agencies. and criticism; and participate in the building of the Pai·ty and the State, and in people's

Article 7 external relations' activities, thus contributing 1. The elections of deputies to the National to national construction and defense. Assembly and People's Councils must be 2. The Trade Union ofVietnam, the Vietnam conducted on the principle of universal, equal, direct and secret suffrage. Peasants' Association, the Ho Chi Minh Communist Youth Union, the Vietnam Women's 2. A National Assembly deputy or a People's Union and theVietnam WarVeterans'Association Council deputy may be removed from office are socio-political organizations established on by the voters or the National Assembly or the a volunta1y basis to represent and protect the People's Council, when he or she is no longer lawful and legitimate rights and interests of wo1thy of the confidence of the People. their members; and, together with other member

Article 8 organizations of the Vietnam Fatherland Front, 1. The State shall be organized and operate coordinate and unify action within the Front. in accordance with the Constitution and law, 3. TheVietnamFatherlandFront, its member manage society by the Constitution and law, organizations and other social organizations and implement the principle of democratic shall operate within the framework of the centralism. Constitution and law. The State shall create the 2. All state agencies, cadres, civil servants conditions for the Vietnam Fatherland Front, and public employees shall show respect for its member organizations and other social the People, conscientiously serve the People, organizations to operate. maintain close contact with the People, listen to Article 10 their opinions and submit to their supe1vision; The Trade Union of Vietnam is a socio­ resolutely combat com1ption, waste, and all political organization of the working class and manifestations of bureaucracy, a1rngance and laborers voluntarily established to represent authoritarianism. laborers, care for and protect the lawful and

Article 9 legitimate rights and interests of laborers; participate in the state management and socio­ 1. TheVietnamFatherlandFront is a political economic management; participate in the alliance and a voluntary union of the political examination, inspection and supe1vision of organization, socio-political organizations and the operations of state agencies, organizations, social organizations, and prominent individuals units and enterprises regarding issues related representing their class, social strata, ethnicity to the rights and obligations of laborers; and or religion and overseas Vietnamese. mobilize laborers to learn to improve their The Vietnam Fatherland Front shall professional qualifications and skills, abide by constitute the political base of the people's law, and build and defend the Fatherland. administration; represent and protect the lawful and legitimate rights and interests of the People; Article 11 rally and fully utilize the strength of the great 1. TheVietnamese Fatherland is sacred and national unity, exercise democracy and promote inviolable. © Vietnam Law & Legal Forom Issue nos 06-07/December 2013 7 (Cong Bao nos 1003-1004/Decemher 29, 2013) 2. All acts against independence, sovereignty, Independence, the Second of September unity and territorial integrity, or against the 1945. constrnction and defense, of the Fatherland 5. The capital of the Socialist Republic of must be severely punished. Vietnam is Hanoi.

Article 12 Chapter II The Socialist Republic of Vietnam shall HUMAN RIGHTS, FUNDAMENTAL consistently implement its foreign policy of RIGHTS AND OBLIGATIONS OF independence, self-reliance, peace, friendship, cooperation and development; multilateralization CITIZENS and diversification of external relations, Article 14 proactive and active international integration 1. In the Socialist Republic of Vietnam, and cooperation, on the basis of respect for each human rights and citizens' lights in the political, other's independence, sovereignty and tenitolial civil, economic, cultural and social fields shall be integrity, non-interference in each other's recognized, respected, protected and guaranteed internal affairs, and equality and mutual benefit; in accordance with the Constitution and law. abide by the Charter of the United Nations 2. Human rights and citizens' rights may not and treaties to which the Socialist Republic of be limited unless prescribed by a law solely in Vietnam is a contracting party; act as a friend, case of necessity for reasons of national defense, reliable partner and responsible member of the national security, social order and safety, social international community for the sake of national morality and community well-being. interests, and contribute to the cause of peace, national independence, democracy and social Article 15 progress in the world. 1. Citizens' rights are inseparable from

Article 13 citizens' obligations. 1. The national flag of the Socialist Republic 2. Eve1yone is obliged to respect others' lights. of Vietnam is rectangular in shape, with its 3. Citizens shall perfo1m their obligations width equal to two-thirds of its length; in the toward the State and society. middle of a red background is a five-pointed 4. The exercise of human rights and citizens' gold star. rights may not infringe upon national interests 2. The national emblem of the Socialist and others' lawful rights and interests. Republic ofVietnam is circular in shape; in the Article 16 middle of a red background is a five-pointed 1. All people are equal before law. gold star encircled by rice ears, below which is half a cogwheel and the inscription "The 2. No one is subject to discriminatory Socialist Republic of Vietnam". treatment in political, civil, economic, cultural or social life. 3. The national anthem of the Socialist Republic of Vietnam is the music and lyrics of Article 17 the song "Tien quan ca" (March to the Front). 1. A citizen of the Socialist Republic of 4. The National Day of the Socialist Republic Vietnam is a person holding Vietnamese of Vietnam is the day of the Proclamation of citizenship. © Vietnam Law & Legal Fornm 8 Issue nos 06-07/December 2013 (Cong Bao nos 1003-1004/Decemher 29, 2013) 2. A Vietnamese citizen may not be expelled expe1iments, or any other fo1m of expe1iments, and delivered to another state. on the human body must be consented to by the 3. Vietnamese citizens living abroad shall be human subject. protected by the State of the Socialist Republic Article 21 of Vietnam. 1. Everyone has the right to inviolability of

Article 18 private life, personal secrets and family secrets; and has the right to protect his or her honor and 1. Overseas Vietnamese make up an reputation. inseparable prut of the community ofVietnamese ethnicities. The security of info1mation about private life, personal secrets or family secrets shall be 2. The State of the Socialist Republic guaranteed by law. of Vietnam shall encourage and create the conditions for overseas Vietnamese to preserve 2. Eve1yone has the right to privacy of and promote the cultural identity of the correspondence, telephone conversations, Vietnamese nation, maintain close ties with telegrams and other forms of private their families and native land, and contribute communication. to the construction of their native land and the No one may illegally break into, control countiy. or seize another's co1Tespondence, telephone conversations, telegrams or other forms of

Article 19 private communication. Eve1yone has the right to life. Human life

Article 22 is protected by law. No one may be deprived of life in contr·avention of law. 1. Every citizen has the right to a legal residence.

Article 20 2. Eve1yone has the right to inviolability of 1. Eve1yone has the right to inviolability of his or her home. No one may enter the home of his or her body and to the protection by law another person without his or her consent. of his or her health, honor and dignity; no one 3. The search of homes shall be prescribed shall be subjected to torture, violence, coercion, by a law. corporal punishment or any fo1m of tr·eatment hanning his or her body and health or offending Article 23 his or her honor and dignity. Citizens have the right to free movement 2. No one may be a1Tested without a decision and residence within the country, and the right of a People's Comt, or a decision or approval to leave the count1y and to return home from of a People's Procuracy, except in case of a abroad. The exercise of those rights shall be flagrant offense. The a1Test, holding in custody, prescribed by law. or detention, of a person shall be prescribed Article 24 by a law. 1. Eve1yone has the right to freedom of 3. Eve1yone has the right to donate his or belief and religion, and has the right to follow her tissues, organs or body in accordance with any religion or to follow no religion. All law. Medical, pharmaceutical and scientific religions are equal before law. © Vietnam Law & Legal Forom Issue nos 06-07/December 2013 9 (Cong Bao nos 1003-1004/Decemher 29, 2013) 2. The State shall respect and protect the and transparently receive and respond to the freedom of belief and religion. opinions and petitions of citizens. 3. No one may violate the freedom of belief Article 29 and religion, nor may anyone take advantage of Citizens who reach the age of eighteen have a belief or religion in order to violate the law. the right to vote in referenda organized by the

Article 25 State. Citizens have the right to freedom of speech Article 30 and freedom of the press, and have the right of 1. Eve1yone has the light to lodge complaints access to info1mation, the right to assembly, the right to association, and the right to or denunciations about illegal acts of agencies, organizations or individuals with competent demonstrate. The exercise of those rights shall be prescribed by law. agencies, organizations or persons. 2. Competent agencies, organizations or

Article 26 persons shall receive and resolve complaints and 1. Male and female citizens have equal rights denunciations. Those suffeling damages have in all fields. The State shall adopt policies to the right to material and mental compensation guarantee the right to and opportunities for and restoration of honor in accordance with gender equality. law. 2. The State, society and family shall 3. Taking revenge on complainants or create the conditions for women to develop denunciators, or abusing the right to complaint comprehensively and to advance their role in and denunciation to slander or falsely accuse society. others, is prohibited. 3. Gender discrimination is prohibited.

Article 31

Article 27 1. A person charged with a criminal offense Every citizen who reaches the age of shall be presumed innocent until proven guilty eighteen has the 1ight to vote. Eve1y citizen who according to a legally established procedure and reaches the age of twenty-one has the right to the sentence of the comt takes legal effect. stand for election to the National Assembly or 2. A person charged with a criminal offense People's Councils. The exercise of those rights shall be promptly tried in an impartial and shall be prescribed by a law. public manner by a court within a legally

Article 28 established time limit. In case of a closed trial 1. Citizens have the right to participate in in accordance with law, the verdict must be the management of the State and management publicly pronounced. of society, and to discuss and propose to state 3. No one may be tried twice for the same agencies issues about their base units, localities offense. and the whole country. 4. A person who is a1Tested, held in custody, 2. The State shall create the conditions temporarily detained, charged with a criminal for citizens to participate in the management offence, investigated, prosecuted or brought to of the State and society; and shall publicly trial has the right to defend himself or herself in © Vietnam Law & Legal Fornm 10 Issue nos 06-07/December 2013 (Cong Bao nos 1003-1004/Decemher 29, 2013) person or choose a defense c01msel or another 2. Employees are guaranteed equal and safe person to defend him or her. working conditions; and have the right to wages 5. A person who is illegally anested, held and rest periods. in custody, temporarily detained, charged with 3. Disc1iminato1y treatment, forced labor or a criminal offence, investigated, prosecuted, the employment of people below the minimum brought to trial or subject to judgment working age is prohibited. enforcement has the right to compensation for Article 36 material and mental damages and restoration 1 . Men and women have the right to many of honor. A person who violates the law in and divorce. Marriage must adhere to the respect of aITest, detention, holding in custody, principles of voluntariness, progressiveness, laying of charges, investigation, prosecution, monogamy, equality and mutual respect trial or judgment enforcement, thereby causing between husband and wife. damages to others, shall be punished in 2. The State shall protect manfage and the accordance with law. family, and protect the interests of mothers and

Article 32 children. 1. Eve1yone has the right to ownership of his Article 37 or her lawful income, savings, housing, chattels, 1. Children shall be protected, cared for means of production and capital contributions and educated by the State, family and society; to enterprises or other economic entities. children may participate in child-related 2. The right to private ownership and the issues. Harassing, persecuting, maltreating, right to inheritance shall be protected by law. abandoning or abusing children, exploiting 3. In case o f extreme necessity for child labor or other acts that violate children's national defense or security reasons or in rights are prohibited. the national interest, in a state of emergency 2. Young people shall be provided by the or in response to a natural disaster, the State State, family and society with the conditions may compulsorily purchase or requisition the for learning, working, ente1taining themselves, property of organizations or individuals and and developing their physiques and 1ninds, and pay compensation at market price. be educated in morality, national traditions

Article 33 and civic consciousness; and shall take the lead in the cause of creative labor and national Everyone has the right to freedom of defense. enterprise in the sectors and trades that are not prohibited by law. 3. The elderly shall be respected and cared for by the State, family and society to promote

Article 34 their role in the cause of national constrnction Citizens have the right to social secmity. and defense.

Article 35 Article 38 1. Citizens have the right to work and to 1. Eve1yone has the right to health protection choose their occupations, employment and and care, and to equality in the use of medical workplaces. services, and has the obligation to comply with © Vietnam Law & Legal Forom Issue nos 06-07/December 2013 11 (Cong Bao nos 1003-1004/Decemher 29, 2013) regulations on the prevention of disease and Article 46 medical examination or treatment. A citizen has the obligation to obey the 2. Acts threatening the life or health of other Constitution and law; participate in the persons and the community are prohibited. safeguarding of national secmity and social order and safety, and obse1ve the rnles of public life.

Article 39

Article 47 Citizens have the right, as well as the obligation, to learn. Eve1yone has the obligation to pay taxes in accordance with the law.

Article 40

Article 48 Everyone has the light to conduct scientific Foreigners residing in Vietnam shall abide or technological research, or litera1y or artistic by the Vietnamese Constitution and law; and creation, and to enjoy the benefits brought about have their lives, prope1ty, rights and legitimate by those activities. interests protected by Vietnamese law.

Article 41 Article 49 Eve1yone has the right to enjoy and access Foreign nationals who are persecuted culniral values, participate in cultural life, and for taking part in the strnggle for freedom use cultural facilities. and national independence, for socialism,

Article 42 democracy and peace, or for engaging in scientific pursuits may be considered for A citizen has the 1ight to detennine his or her granting of asylum by the State of the Socialist ethnicity, use his or her mother tongue and choose Republic of Vietnam. his or her language of communication. Chapter III

Article 43 ECONOMY, SOCIAL AFFAIRS, Eve1yone has the right to live in a clean CULTURE, EDUCATION, SCIENCE, environment and has the obligation to protect TECHNOLOGY AND ENV IRONMENT the environment.

Article 50

Article 44 The Socialist Republic of Vietnam shall A citizen has the obligation to be loyal to build an independent and self-reliant economy, the Fatherland. blinging into full play its internal strengths and High treason is the most serious crime. international integration and cooperation, in close association with cultural development,

Article 45 social progress and justice, environmental 1. It is the sacred duty and the noble light of protection, and national industlialization and citizens to defend their Fatherland. modernization. 2. A citizen shall perfo1m military se1vice Article 51 and participate in building a national defense 1. The Vietnamese economy is a socialist­ of all the people. oriented market economy with varied fo1ms © Vietnam Law & Legal Fornm 12 Issue nos 06-07/December 2013 (Cong Bao nos 1003-1004/Decemher 29, 2013) of ownership and economic sectors; the state their obligations in accordance with law. Land economy plays the dominant role. use lights shall be protected by law. 2. All economic sectors are important 3. The State may recover land currently components of the national economy. Entities used by organizations or individuals in case in different economic sectors are equal before of extreme necessity presc1ibed by a law for law and shall cooperate and compete with one national defense or secmity purposes; or socio­ another in accordance with law. econolnic development in the national or public 3. The State shall encourage and create the interest. Land recove1y must be public and conditions for businesspeople, enterprises or transparent, and compensation must be paid in other individuals or organizations to cany out accordance with the law. investment, production or business activities; 4. The State may requisition land in cases and develop economic branches in a sustainable of extreme necessity prescribed by a law to manner in order to contribute to national perfo1m national defense and secmity tasks or constrnction. The legal property of individuals during a state of war or a state of emergency, and organizations engaged in investment, or in response to a natural disaster. production or business activities is protected by

Article 55 law and is not subjected to nationalization. 1. The state budget, national reserve, state

Article 52 financial funds and other public financial The State shall develop and improve resources must be unifo1mly managed by the economic institutions, regulate the economy on State and shall be used in an efficient, fair, the basis of respect for market rnles; delegate, public, transparent and lawful manner. devolve and decentralize the powers in the state 2. The state budget consists of the central management; promote regional economic links, budget and local budgets, in which the central and ensure the unity of the national economy. budget plays the leading role and ensures

Article 53 national spending needs. State budget revenues and expendinires must be estimated and must Land, water resources, mineral resources, be prescribed by a law. resources in the sea and airspace, other natural 3. The national moneta1y unit is the Vietnam resources, and property managed or invested in by the State are public property, owned by dong. The State shall ensure the stabilization of the national cunency value. all the people, and represented and unifo1mly managed by the State. Article 56

Article 54 Agencies, organizations and individuals shall practice thrift and combat waste, and 1. Land is a special national resource and an prevent and fight com1ption in socio-econo1nic impo1tant resource for national development, activities and the state management. and is managed in accordance with law. 2. The State shall allocate or lease land to, Article 57 and recognize land use rights of, organizations 1. The State shall encourage and create the and individuals. Land users may transfer land conditions for organizations and individuals use lights, exercise their rights, and perfo1m to create jobs. © Vietnam Law & Legal Forom Issue nos 06-07/December 2013 13 (Cong Bao nos 1003-1004/Decemher 29, 2013) 2. The State shall protect the lawful lights diverse and healthy spiritual needs of the and interests of employees and employers and People; and develop the mass media to meet create the conditions for the establishment of the People's demands for info1mation and to progressive, haimonious and stable employment serve national construction and defense. relations. 3. The State and society shall create

Article 58 an environment for building prosperous, 1. The State and society shall make progressive and happy Vietnamese families, investments to further the protection of and and developing Vietnamese people with good care for the People's health, implement the health, culniral qualities, patriotism, a spirit universal health insurance, and adopt policies of solidarity, a sense of mastery and civic to prioritize health care for ethnic minority responsibility. people and people living in mountainous areas, Article 61 on islands, and in areas that have extremely 1. To develop education is a top national difficult socio-economic conditions. policy that aims to increase public intellectual 2. The State, society and family are standards, develop human resources, and responsible for protecting and caring for the nmture talented people. health of mothers and children, and for family 2. The State shall p1iolitize investment in, and planning. attract other investment sources for, education;

Article 59 care for pre-school education; and ensure free 1 . The State and society shall honor, compulsory primary education; gradually commend, reward, and implement preferential universalize secondary education; develop treatment policies to, people who have rendered higher education and vocational education; and meritorious service to the countiy. implement reasonable scholarship and school 2. The State shall create equal oppo1tunities fee policies. for citizens to enjoy social welfare, develop the 3. The State shall priolitize the development social security system, and adopt policies to of education in mountainous areas, on islands, suppo1t elderly people, people with disabilities, in ethnic minority areas, and in areas that have poor people, and other disadvantaged people. extremely difficult socio-economic conditions; 3. The State shall adopt housing development prioritize the employment and development policies and create the conditions for eve1yone of talented people; and create the conditions to have his or her own home. for people with disabilities and poor people to receive education and vocational training.

Article 60 1. The State and society shall care for the Article 62 creation and development of an advanced 1. To develop science and technology is Vietnamese culture that is deeply imbued with a top national policy, playing the key role in the national identity and has absorbed the national socio-economic development. culniral quintessence of humanity. 2. The State shall prioritize investment in, 2. The State and society shall develop and encourage organizations and individuals literature and the arts in order to meet the to invest in, research, development, transfer © Vietnam Law & Legal Fornm 14 Issue nos 06-07/December 2013 (Cong Bao nos 1003-1004/Decemher 29, 2013) and effective application of scientific and Article 65 technological achievements; guarantee the right The people's armed forces shall show to conduct scientific and technological research; absolute loyalty to the Fatherland, the People, and protect intellectual property Iights. the Party and the State; protect the independence, 3. The State shall create the conditions for sovereignty, unity and teITitorial integrity of the everyone to participate in, and to enjoy the Fatherland, national secmity, and social order benefits from, scientific and technological and safety; safeguard the People, the Party, activities. the State and the socialist regime; and join the

Article 63 entire people in national constr1rction and the performance of international duties. 1. The State shall adopt environmental protection policies; manage and use natural Article 66 resources in an efficient and sustainable manner; The State shall build a revolutionary conserve nature and biodiversity; and take the People's Almy that is regular, well-tr·ained and initiative in preventing and controlling naniral gi·adually modernized, which has an appropriate disasters and responding to climate change. permanent force, a large and powerful reserve 2. The State shall encourage all activities for force, and a strong and extensive self-defense environmental protection and the development and militia force, as the core for performing and use of new energy and renewable energy. national defense tasks. 3. Organizations and individuals that cause Article 67 environmental pollution, natural resource The State shall build a revolutionary exhaustion or biodiversity depletion shall People's Public Security force that is regular, be strictly punished and shall rectify and well-trained and gi·adually modernized, as the compensate for damage. core to safeguard national security, ensure social order and safety, and prevent and fight Chapter IV crime. DEFENSE OF THE FATHERLAND Article 68

Article 64 The State shall promote the People's patriotism and revolutionary heroism and To defend the socialist Vietnamese educate the entire people in national defense Fatherland is the mission of all the people. and secmity; build the national defense and The State shall consolidate and strengthen security industry; ensure proper equipment national defense by all the people and the for the people's armed forces, and combine people's security, with the people's armed national defense and secmity with economic forces as the core; and fully utilize the total activities and vice versa; implement policies strength of the country to defend fiimly the regarding military families; ensure the material Fatherland, thereby contr·ibuting to protecting and spiritual lives of the officers, soldiers, peace in the region and around the world. workers and employees consistent with the All agencies, organizations and citizens shall nanire of the activities of the People's Almy fulfill their national defense and secmity tasks. and People's Public Secmity force; and build © Vietnam Law & Legal Forom Issue nos 06-07/December 2013 15 (Cong Bao nos 1003-1004/Decemher 29, 2013) powerful people's aimed forces and unceasingly debts; to decide on state budget estimates and strengthen their national defense capability. the allocation of the central budget; and to approve the final accounts of the state budget; ChapterV 5. To decide on state policies on ethnicities THE NATIONAL ASSEMBLY and religion;

Article 69 6. To regulate the organization and The National Assembly is the highest operation of the National Assembly, President, representative body of the People and the Government, People's Courts, People's highest state power body of the Socialist Procuracies, National Election Council, Republic ofVietnam. State Audit Office, local administrations, and The National Assembly shall exercise other agencies established by the National constin1tional and legislative powers, decide on Assembly; impo1tant issues for the countiy, and conduct 7. To elect, relieve from duty or remove the supreme oversight over the activities of from office the President, Vice Presidents, the State. Chairperson and Vice Chairpersons of the National Assembly, members of the Standing

Article 70 Committee of the National Assembly, The National Assembly has the following Chailperson of the Ethnic Council, Chau.persons tasks and powers: of the Committees of the National Assembly, 1. To make and amend the Constitution; to Prime Minister, Chief Justice of the Supreme make and amend laws; People's Court, Procurator General of the 2. To exercise the power of supreme Supreme People's Procuracy, Chairperson oversight over the observance of the of the National Election Council, State Constitution, laws and resolutions of the Auditor General, and heads of other agencies National Assembly ; to review work repo1ts established by the National Assembly; to of the President, Standing Committee of the approve proposals on the appointment, relief National Assembly, Government, Supreme from duty or dismissal of the Deputy Prime People's Comt, Supreme People's Procuracy, Ministers, Ministers or other members of National Election Council, State Audit Office, the Government, and Judges of the Supreme and other agencies established by the National People's Court; and to approve the lists of Assembly; members of the National Defense and Security 3. To decide on the count1y's major goals, Council and the National Election Council. targets, policies and tasks for socio-economic After being elected, the President, development; Chairperson of the National Assembly, P1ime 4. To decide on fundamental national Minister, and Chief Justice of the Supreme financial and moneta1y policies; to introduce, People's Colllt shall take an oath ofloyalty to the change or abolish taxes; to decide on the Fatherland, the People and the Constitution; division of revenues and expenditures between 8. To conduct votes of confidence on persons the central and local budgets; to decide on the holding positions elected or approved by the safe limits for national, public and government National Assembly; © Vietnam Law & Legal Fornm 16 Issue nos 06-07/December 2013 (Cong Bao nos 1003-1004/Decemher 29, 2013) 9. To decide on the establishment or abolition 3. In special cases, the National Assembly of ministiies or ministelial-level agencies of the may decide to shorten or extend its te1m, at Government; to establish, dissolve, consolidate, the proposal of the Standing Committee of the separate or adjust the administi·ative boundaries National Assembly, if at least two-thirds of the of, provinces, centi·ally nm cities and special total number of the National Assembly deputies administrative-economic units; or to establish vote for it. The extension of the term of the or abolish other agencies in accordance with National Assembly must not exceed twelve the Constitution and law; months, except in wartime. 10. To annul documents of the President, Article 72 Standing Committee of the National Assembly, The Chairperson of the National Assembly Government, P1imeMinister, Supreme People's Court and Supreme People's Procuracy that shall preside over National Assembly sessions; conti·avene the Constin1tion, laws or resolutions authenticate by his or her signature the of the National Assembly; Constitution, laws and resolutions of the National Assembly; lead the work of the 11. To decide on a general amnesty; Standing Committee of the National Assembly; 12. To stipulate the titles and ranks in the organize the conduct of the external relations people's anned forces, diplomatic titles and of the National Assembly; and maintain a ranks, and other state titles and ranks; to instin1te relationship with National Assembly deputies. orders, medals, and state honora1y titles; Vice Chailpersons of the National Assembly 13. To decide on issues of war and peace; shall assist the Chailperson in his or her work to detennine states of emergency and other as assigned by the Chailperson. special measures to ensure national defense and security; Article 73 14. To decide on fundamental foreign 1. The Standing Committee of the National policies; to ratify, or decide on the accession Assembly is the pennanent body of the National to, or withdrawal from, treaties related to war, Assembly. peace, national sovereignty or the membership 2. The Standing Committee of the National of the Socialist Republic ofVietnam in important Assembly is composed of the Chailperson, Vice international and regional organizations, ti·eaties Chailpersons and Members. on human rights or fundamental rights and 3. The number of members of the Standing obligations of citizens, and other ti·eaties that Committee of the National Assembly shall be are not consistent with the laws or resolutions decided by the National Assembly. A member of the National Assembly; of the Standing Committee of the National 15. To decide to hold referenda. Assembly may not concmTently be a member

Article 71 of the Government. 1. The tenn of the National Assembly is 4. The Standing Committee of the National five years. Assembly shall perfo1m its tasks and exercise 2. Sixty days before the expiration of the its powers until a new Standing Committee te1m of the National Assembly, a new National is elected by the succeeding National Assembly must be elected. Assembly. © Vietnam Law & Legal Forom Issue nos 06-07/December 2013 17 (Cong Bao nos 1003-1004/Decemher 29, 2013)

Article 74 Council, Chairpersons of the Committees of the T he Standing Committee of the National National Assembly, Chairperson of the National Assembly has the following tasks and powers: Election Council, or State Auditor General; 1. To prepare, convene and preside over 7. To supervise and guide the work of the sessions of the National Assembly; People's Councils; to annul resolutions of the People's Councils of provinces or centrally run 2. To enact ordinances on issues assigned cities that contravene the Constin1tion, laws or to it by the National Assembly; to interpret the Constitution, laws and ordinances; documents of state agencies at higher levels; to dissolve the People's Councils of provinces or 3. To oversee the implementation of centrally rnn cities in case they cause selious the Constitution, laws and resolutions of damage to the interests of the People; the National Assembly and ordinances and resolutions of the Standing Committee of the 8. To decide on the establishment, dissolution, National Assembly; to oversee the activities consolidation, separation, or adjustment of the of the Government, Supreme People's Comt, boundaries of, the administrative units under Supreme People's Procuracy, State Audit the provinces or centrally nm cities; Office, and other agencies established by the 9. To decide to declare a state of war in case National Assembly; the National Assembly cannot meet, and repo1t 4. To suspend the implementation of it to the National Assembly for decision at its documents of the Government, Prime Minister, next session; Supreme People's Comt or Supreme People's 10. To decide on genera l or partial Procuracy that contravene the Constitution, or mobilization; to declare or cancel a state of laws or resolutions of the National Assembly, and emergency throughout the country or in a refer those documents to the National Assembly particular locality; to decide on their annulment at the next session; 11. To conduct the external relations of the to annul documents of the Government, Prime National Assembly; Minister, Supreme People's Comt or Supreme 12. To approve proposals on the appointment People's Procuracy that contravene ordinances or relief from duty of ambassadors extraordinaiy or resolutions of the Standing Committee of the and plenipotentia1y of the Socialist Republic of National Assembly; Vietnam; 5. To direct, harmonize and coordinate 13. To organize referenda in pursuance to the activities of the Ethnic Council and the decisions of the National Assembly. Committees of the National Assembly; to guide and ensure the conditions for the work Article 75 of National Assembly deputies; 1. The Ethnic Council is composed of the 6. To propose the National Assembly Chairperson, Vice Chairpersons and Members. to elect, relieve from duty or remove from The Chairperson of the Ethnic Council shall office the President, Chairperson or Vice be elected by the National Assembly; Vice Chairpersons of the National Assemb ly, Chairpersons and Members of the Ethnic Members of the Standing Committee of the Council shall be approved by the Standing National Assembly, Chairperson of the Ethnic Committee of the National Assembly. © Vietnam Law & Legal Fornm 18 Issue nos 06-07/December 2013 (Cong Bao nos 1003-1004/Decemher 29, 2013) 2. The Ethnic Council shall study and make of the Government, Chief Justice of the proposals on ethnic issues to the National Supreme People's Court, Procurator General Assembly; exercise the power of overseeing of the Supreme People's Procuracy, State the implementation of policies on ethnic Auditor General or concerned individuals to groups, programs and plans for socio-economic make reports, give explanations or provide development in mountainous and ethnic documents on necessary matters. The persons minority areas. who receive requests shall respond. 3. The Chairperson of the Ethnic Council 2. State agencies shall study and respond to may be invited to attend Gove1mnent meetings to the proposals made by the Ethnic Council and discuss the implementation ofpolicies on ethnic the Committees of the National Assembly. groups. The Gove1mnent shall consult the Ethnic Article 78 Council before promulgating regulations on the The National Assembly may, as necessary, implementation ofpolicies on ethnic groups. establish an ad-hoc Committee to study and 4. The Ethnic Council has additional tasks verify a ce1tain project or investigate a ce1tain and powers similar to those ofthe Committees issue. of the National Assembly set out in Clause 2,

Article 76. Article 79 1. A National Assembly deputy shall

Article 76 represent the will and aspil'ations ofthe People 1. A Committee ofthe NationalAssembly is of his or her constituency and of the whole composed ofthe Chailperson, Vice Chailpersons count1y. and Members. Chairpersons ofthe Committees 2. A National Assembly deputy shall shall be elected by the NationalAssembly; Vice maintain close ties with voters and submit Chailpersons and Members ofthe Committees to their supervision; collect and truthfully shall be approved by the Standing Committee convey their views and aspirations to the of the National Assembly. National Assembly and concerned agencies 2. The Committees ofthe NationalAssembly or organizations; meet and repo1t to the voters shall velify draft laws, proposals on laws, other on his or her activities and activities of the drafts, and repo1ts as assigned by the National National Assembly; respond to the requests Assembly or the Standing Committee of the and petitions of voters; monitor and press for National Assembly; exercise the oversight the settlement ofcomplaints and denunciations, power within the scope oftheil' powers and tasks and guide and assist in the exercise ofthe right presclibed by a law; and make proposals on issues to complaint or denunciation. that fall within the scope oftheil' activities. 3.ANationalAssembly deputy shall info1m 3. The establishment or dissolution of the the People of, and mobilize them to implement, Committees shall be decided by the National the Constitution and laws. Assembly. Article 80

Article 77 1. National Assembly deputies have the 1. The Ethnic Council or the Committees of right to raise questions to the President, the National Assembly may request members Chailperson ofthe National Assembly, Prime © Vietnam Law & Legal Forom Issue nos 06-07/December 2013 19 (Cong Bao nos 1003-1004/Decemher 29, 2013) Minister, Ministers and other members of the Ministers, Ministers, Heads ofministelial-level Government, Chief Justice of the Supreme agencies or other agencies of the State shall People's Court, Procurator General of the create the conditions for National Assembly Supreme People's Procuracy or State Auditor deputies to pe1f01m their tasks. General. 3. The State shall ensure funding for the 2. The questioned persons shall present their activities of National Assembly deputies. answers before the National Assembly at a Article 83 session of the National Assembly or, when the 1. The National Assembly shall hold National Assembly is in recess, at a meeting of the Standing Committee ofNationalAssembly; sessions in public. The National Assembly the National Assembly and the Standing may, when necessaiy and at the request of the Committee of the National Assembly may, President, Standing Committee of the National Assembly, Prime Minister or at least one-third as necessa1y, allow the questioned persons to of the total number of the National Assembly submit wlitten answers. deputies, decide to conduct a closed session. 3. NationalAssembly deputies have the right 2. The National Assembly shall hold two to request agencies, organizations or individuals to provide info1mation and documents related sessions a year. The National Assembly shall to the latter's tasks. The heads of agencies hold an extraordinaiy session when so requested or organizations, or individuals shall answer by the President, Standing Committee of the National Assembly, Prime Minister or at least questions raised by deputies within the time one-third of the total number of the National limit presclibed by a law. Assembly deputies. The Standing Committee of

Article 81 the National Assembly shall convene sessions No National Assembly deputy may be of the National Assembly. aiTested, held in custody, detained or prosecuted 3. The first session of a newly elected without the consent of the National Assembly National Assembly must be convened within or, when the National Assembly is in recess, sixty days from the date of election of the without the consent of the Standing Committee National Assembly deputies; this session must of the National Assembly. In the case a deputy be opened and presided over by the Chairperson is detained for a flagrant offense, the agency ofthe outgoing NationalAssembly until the new holding the deputy in custody shall immediately National Assembly elects its Chairperson. repo1t the case to the NationalAssembly or the Standing Committee of the National Assembly Article 84 for consideration and decision. 1. The President, Standing Committee of the National Assembly, Ethnic Council

Article 82 and Committees of the National Assembly, 1. National Assembly deputies shall fully Government, Supreme People's Comt, Supreme perform their tasks; and have the right to People's Procuracy, State Audit Office, Central paiticipate as members in the Ethnic Council Committee of the Vietnam Fatherland Front, or a Committee of the National Assembly. and central bodies of the Front's member 2. The Standing Committee of the National organizations have the right to submit draft Assembly, Prime Minister, Deputy Prime laws to the NationalAssembly or submit draft © Vietnam Law & Legal Fornm 20 Issue nos 06-07/December 2013 (Cong Bao nos 1003-1004/Decemher 29, 2013) ordinances to the Standing Committee of the te1m of the National Assembly, the President National Assembly. shall remain in office until a new President is 2. National Assembly deputies have the elected by the succeeding National Assembly. right to submit their proposals on laws and Article 88 ordinances, or draft laws and draft ordinances, The President has the following tasks and to the National Assembly or the Standing powers: Committee of the National Assembly. 1. To promulgate the Constin1tion, laws and

Article 85 ordinances; to request the Standing Committee 1. Laws and resolutions of the National of the National Assembly to reconsider its Assembly must be voted for by more than half ordinances, within ten days of their passage; of the total number of the National Assembly if those ordinances are still voted for by the deputies; the making or amendment of the Standing Committee of the National Assembly Constitution, decisions to sho1ten or extend the and disapproved by the President, the President te1m of the National Assembly or to remove shall refer the matter to the National Assembly from office one of its deputies must be voted for decision at its next session; for by at least two-thirds of the total number of 2. To propose to the National Assembly to the National Assembly deputies. elect, relieve from duty or remove from office Ordinances and resolutions of the Standing the Vice President or Prime Minister; and, Committee of the National Assembly must be based on resolutions of the National Assembly, approved by more than half of the total number to appoint, relieve from duty or dismiss Deputy of its members. Prime Ministers, Ministers or other members 2. Laws and ordinances must be promulgated of the Government; within fifteen days of their passage, unless 3. To propose the National Assembly to the President requests reconsideration of an elect, relieve from duty or remove from office ordinance. the Chief Justice of the Supreme People's Colllt Chapter VI or Procurator General of the Supreme People's Procuracy; and, based on resolutions of the THE PRESIDENT National Assembly, to appoint, relieve from duty

Article 86 or dismiss Judges of the Supreme People's Colllt; The President is the Head of State and shall to appoint, relieve from duty or dismiss Deputy represent the Socialist Republic of Vietnam Chief Justices of the Supreme People's Colllt, internally and externally. Judges of other CoU1ts or Deputy Procurators General or Procurators of the Supreme People's

Article 87 Procuracy; to decide on a special amnesty; or, The President shall be elected by the based on resolutions of the National Assembly, National Assembly from among its deputies. to proclaim a general amnesty; The President is responsible, and shall repo1t 4. To decide on the award of orders, medals, on his or her work, to the National Assembly. state prizes or state honora1y titles; to decide to His or her te1m of office follows the te1m of pe1mit naniralization in Vietnam, renunciation the National Assembly. At the expiration of the of Vietnamese citizenship, restoration of © Vietnam Law & Legal Forom Issue nos 06-07/December 2013 21 (Cong Bao nos 1003-1004/Decemher 29, 2013) Vietnamese citizenship or deprivation of Chairperson and Members. The list of members Vietnamese citizenship; of the National Defense and Secmity Council 5. To assume command of the people's shall be submitted by the President to the aimed forces and hold the office of Chairperson National Assembly for approval. of the National Defense and Secmity Council; The National Defense and Security Council to decide on the awai·d, promotion, demotion or shall work on a collegial basis and make its deprivation of the ranks of general, naval rear decisions by a vote of the majority. admiral, naval vice admiral and naval admiral; 2. The National Defense and Security to appoint, relieve from duty or dismiss the Council shall propose the National Assembly Chief of the General Staff or the Director of the or, when the National Assembly cannot meet, Political General Depaitment of the Vietnamese the Standing Committee of the National People's Anny; based on resolutions of the Assembly to decide on a state of war; mobilize National Assembly or the Standing Committee all forces and capacity of the countiy to defend of the National Assembly, to promulgate or the Fatherland; perform special tasks and annul decisions to declare a state of war; based exercise special powers assigned to and vested on resolutions of the Standing Co1I11I1ittee of in it by the National Assembly in case of war; the National Assembly, to issue an order on and decide on the paiticipation of the people's general mobilization or pa1tial mobilization, to aimed forces in peacekeeping operations in the declare or cancel a state of emergency; or, in region and around the world. case the Standing Co1I11I1ittee of the National Assembly cannot meet, to declare or cancel a Article 90 state of emergency nationwide or in a paiticular The President may attend meetings of the locality; Standing Committee of the National Assembly 6. To receive foreign ambassadors and meetings of the Government. extraordina1y and plenipotentia1y; based on The President may request the Government resolutions of the Standing Committee of the to meet to discuss issues that he or she considers National Assembly, to appoint, relieve from necessaiy to fulfill his or her tasks or exercise duty; decide to send or recall ambassadors his or her powers. extraordinary and plenipotentiary of the Socialist Republic of Vietnam; to confer the Article 91 ambassadorial title and rank; to decide on the The President shall issue orders and negotiation and conclusion of treaties in the decisions for the pe1fo1mance of his or her tasks name of the State; to submit to the National or the exercise of his or her powers. Assembly for ratification of, or decision on the accession to, or withdrawal from, the treaties Article 92 specified in Clause 14, Article 70; to decide on The Vice President shall be elected by the the ratification of, accession to, or withdrawal National Assembly from among its deputies. from, other treaties in the name of the State. The Vice President shall assist the President

Article 89 in his or her work and may be delegated ce1tain 1. The National Defense and Security tasks by the President to perfo1m on behalf of Council is composed of the Chairperson, Vice the President. © Vietnam Law & Legal Fornm 22 Issue nos 06-07/December 2013 (Cong Bao nos 1003-1004/Decemher 29, 2013)

Article 93 the P1ime Minister, and are responsible to the When the President is incapacitated from Prime Minister for their assigned tasks. In the work over a long period of time, the Vice absence of the Prime Minister, a Deputy P1ime President shall succeed as acting President. Minister delegated by the P1ime Minister shall lead the work of the Government on behalf of In case of vacancy of the Presidency, the the Prime Minister. Vice President shall serve as acting President until a new President is elected by the National 4. Ministers and Heads of ministerial-level Assembly. agencies are personally responsible to the Plime Minister, Government and National Assembly Chapter VII for the sectors and fields under their charge and, THE GOVERNMENT together with other members of Government, shall assume the collective responsibility for

Article 94 the work of the Government. The Government is the highest state administrative body of the Socialist Republic of Article 96 Vietnam, shall exercise executive power, and is The Government has the following tasks the executive body of the National Assembly. and powers: The Government is responsible to the 1. To organize the implementation of the NationalAssembly and shall repo1t on its work to Constitution, laws and resolutions of the the National Assembly, the Standing Committee National Assembly, ordinances and resolutions of the National Assembly and the President. of the Standing Committee of the National Assembly, and orders and decisions of the

Article 95 President; 1. The Government is composed of the Plime 2. To propose and fonnulate policies to be Minister, Deputy Plime Ministers, Ministers, submitted to the National Assembly or the and Heads of ministelial-level agencies. Standing Committee of the National Assembly The strncture and number of members of the for decision or decide on policies according to Government shall be decided by the National its competence, for the perfo1mance of its tasks Assembly. and the exercise of its powers set out in this The Government shall work on a collegial Alticle; to submit draft laws, draft state budget basis and make its decisions by a vote of the estimates and other projects to the National majolity. Assembly; and to submit draft ordinances 2. The Prime Minister is the head of the to the Standing Committee of the National Government and responsible to the National Assembly; Assembly for the work of the Government and 3. To perfonn the unified management of assigned tasks; and shall repo1t on the work of the economy, culnire, social affairs, education, the Government and the Prime Minister to the health, science, technology, environment, National Assembly, the Standing Committee of information, communications, external the National Assembly and the President. relations, national defense, national security, 3. Deputy Prime Ministers shall assist the and social order and safety; to cany out orders Plime Minister in his or her work as assigned by on general mobilization or pa1tial mobilization © Vietnam Law & Legal Forom Issue nos 06-07/December 2013 23 (Cong Bao nos 1003-1004/Decemher 29, 2013) or orders to proclaim a state of emergency, and to be submitted to the National Assembly for take other necessaiy measures to defend the ratification as specified in Clause 14, Alticle Fatherland and to protect the People's lives 70; to protect the interests of the State and the and property; legitimate interests ofVietnamese organizations 4. To propose the National Assembly for or citizens in foreign countries; decision the establishment or abolition of 8. To coordinate with the Central Committee ministries or ministerial-level agencies; the of the Vietnam Fatherland Front and central establishment, dissolution, consolidation, bodies of the socio-political organizations in separation, or adjustment of the administrative the pe1fo1mance of the tasks and the exercise boundaries of, provinces, centrally rnn cities of the powers of the Gove1mnent. or special administrative-economic units;

Article 97 to propose the Standing Committee of the National Assembly for decision the T he term of the Government follows establishment, dissolution, consolidation, the term of the National Assembly. At the separation or adjustment of the boundaries of, expiration of the te1m of the National Assembly, administrative units under the provinces and the Gove1mnent shall remain in office until a centrally rnn cities; new Gove1mnent is elected by the succeeding 5. To perfo1m the unified management of National Assembly. the national administration system; to manage Article 98 cadres, civil servants, public employees, and The Prime Minister shall be elected by the the public se1vice in state agencies; to organize National Assembly from among its deputies. inspection and control work, the settlement of complaints and denunciations, and the fight The Prime Minister has the following tasks against bureaucracy and conuption in the state and powers: apparatus; to lead the work of the ministries, 1. To lead the work of the Gove1mnent; to ministe1ial-level agencies, government-attached lead the fo1mulation of policies and organize agencies, and People's Committees at all levels; the implementation of laws; to guide and examine the People's Councils 2. To lead and take responsibility for the in their implementation of the documents of work of the state administration system from state agencies at higher levels, to create the the central to the local level, ensuring the conditions for the People's Councils to perfo1m consistency and continuity of the national their tasks and exercise their powers which are administration system; presclibed by a law; 3. To submit to the National Assembly 6. To protect the rights and interests of the for approval proposals on the appointment, State and society, human rights and citizens' relief from duty or dismissal of Deputy P1ime rights; and to ensure social order and safety; Ministers, Ministers or other members of the 7. To negotiate and conclude treaties in the Gove1mnent; to appoint, relieve from duty or name of the State, as autho1ized by the President; dismiss Deputy Ministers or officials of equal to decide on the conclusion, accession to, rank of ministries or ministerial-level agencies; ratification of, or withdrawal from, treaties in to approve the election and relief from duty, the name of the Gove1mnent, except for treaties and to decide on the transfer or dismissal of © Vietnam Law & Legal Fornm 24 Issue nos 06-07/December 2013 (Cong Bao nos 1003-1004/Decemher 29, 2013) Chairpersons and Vice Chairpersons of the repo1ts to the People on imp01tant issues under People's Committees of provinces or centrally their management. nm cities;

Article 100 4. To suspend the implementation of, or The Government, the Prime Minister, annul the documents, of Ministers, Heads of Ministers, and Heads of ministerial-level ministe1ial-level agencies, People's Committees, agencies shall promulgate legal documents Chairpersons of the People's Committees of to perform their tasks and exercise their provinces or centrally nm cities that contravene powers, review the implementation of those the Constitution, laws or documents of state documents, and deal with unlawful documents agencies at higher levels; to suspend the in accordance with law. implementation of resolutions of the People's Councils of provinces or centrally nm cities that Article 101 contravene the Constitution, laws or documents The President of the Central Committee of state agencies at higher levels and, at the same of the Vietnam Fatherland Front and heads of time, to propose the Standing Committee of the central bodies of socio-political organizations National Assembly to annul them; may be invited to meetings of the Government 5. To decide on and direct the negotiation that discuss relevant issues . of, and to direct the conclusion, and accession to, or ratification of, treaties within the scope Chapter VIII of the tasks and powers of the Government; THE PEOPLE'S COURTS AND THE to organize the implementation of treaties to PEOPLE'S PROCURACIES which the Socialist Republic of Vietnam is a Article 102 contracting party; 1. The People's Courts are the judicial 6. To make repo1ts to the People through the bodies of the Socialist Republic of Vietnam mass media on important issues falling within and exercise judicial power. the competence of the Government and the Prime Minister. 2. The People's Comts include the Supreme People's Comt and other Comts prescribed by

Article 99 a law. 1. Ministers and Heads of ministerial-level 3. The People's Courts have the duty to agencies are members of the Government, shall safeguard justice, human rights, citizens' preside over their ministries or ministerial­ rights, the socialist regime, the interests of the level agencies, and shall lead the work of their State, and the lawful rights and interests of ministries or ministelial-level agencies; shall organizations and individuals. perfo1m the state management of the sectors and fields lmder their charge; and shall organize Article 103 and monitor nationwide the implementation of 1. Except in the case of trial by summary laws concerning their sectors and fields. procedure, Assessors shall participate in first­ 2. Ministers and Heads of ministerial-level instance tlials by the People's Comts. agencies shall report on their work to the 2. During a trial, the Judges and Assessors Government and Prime Minister; and make are independent and shall obey only the law. © Vietnam Law & Legal Forom Issue nos 06-07/December 2013 25 (Cong Bao nos 1003-1004/Decemher 29, 2013) Agencies, organizations or individuals are of the Chief Justices of other Comts shall be prohibited from interfe1ing in a tiial by Judges prescribed by a law. and Assessors. 2. The Chief Justice of the Supreme People's 3. The People's Courts shall hold their Comt is responsible, and shall report on his or hearings in public. In a special case which her work, to the National Assembly. When the requires protection of state secrets, conformity National Assembly is in recess, he or she is with the fine customs and traditions of the responsible, and shall repo1t on his or her work, nation, protection of minors or protection of to the Standing Committee of the National private life and at the legitimate request of an Assembly and the President. The reporting involved pa1ty, the People's Comt may hold a regime applicable to the Chief Justices of other closed hearing. Comts shall be prescribed by a law. 4. Except in the case of a trial by summary 3. The appointment, approval, relief from procedure, the People's Comts shall t1y cases duty, dismissal, and te1m of office of Judges, on a collegial basis and make decisions by a and the election and te1m of office of Assessors, vote of the majority. shall be prescribed by a law. 5. The adversarial principle shall be Article 106 guaranteed in trials. The judgments and decisions of the People's 6. The first-instance and appellate hearing Courts which have taken legal effect must system shall be guaranteed. be respected by agencies, organizations and 7. The right of the accused or defendants individuals and must be strictly observed to a defense, and the right of involved parties by the concerned agencies, organizations or to protect their lawful interests, shall be individuals. guaranteed.

Article 107

Article 104 1. The People's Procuracies shall exercise 1. The Supreme People's Court is the the power to prosecute and supe1vise judicial highest judicial body of the Socialist Republic activities. of Vietnam. 2 . The People's Procuracies include 2. The Supreme People's Court shall the Supreme People's Procuracy and other supe1vise the judicial work of other Courts, Procuracies as prescribed by a law. unless othe1wise prescribed by a law. 3. The People's Procuracies have the duty 3. The Supreme People's Comt shall make to safeguard the law, human rights, citizens' overall assessment of adjudicating practices, rights, the socialist regime, the interests of the ensuring the uniform application of law in State, and the lawful rights and interests of trial. organizations and individuals, thus cont1ibuting to ensuring the strict and unified obse1vance

Article 105 of the law. 1. The te1m of office of the Chief Justice of the Supreme People's Court follows the te1m Article 108 of the National Assembly. The appointment, 1. The term of office of the Procurator relief from duty, dismissal, and te1m of office General of the Supreme People's Procuracy © Vietnam Law & Legal Fornm 26 Issue nos 06-07/December 2013 (Cong Bao nos 1003-1004/Decemher 29, 2013) follows the tenn of the National Assembly. A province shall be divided into rural The appointment, relief from duty, dismissal, districts, towns, and provincial cities; a and te1m of office of the Chief Procurators of centrally mn city shall be divided into urban other Procuracies and of Procurators shall be dist:1·icts, mral districts, towns, and equivalent presc1ibed by a law. administrative units; 2. The Procurator General of the Supreme Amral disttict shall be divided into collllllunes People's Procuracy is responsible, and shall and townships; a town or provincial city shall be report on his or her work, to the National divided into wards and c01nmunes; and an urban Assembly. When the National Assembly is in dist:I·ict shall be divided into wards; recess, he or she is responsible, and shall repo1t Special administ:1·ative-economic units may on his or her work, to the Standing Committee be established by the National Assembly. of the National Assembly and the President. 2. The e s tablishment, dissoluti on, The repo1ting regime applicable to the Chief consolidation, separation or adjustment of the Procurators of other Procuracies shall be boundaries of, an administ:1·ative unit must be prescribed by a law. consulted with local People and must comply

Article 109 with the process and procedures prescribed by a law. 1. The People's Procuracies shall be led by their Chief Procurators. The Chief Article 111 Procurator of a People's Procuracy is subject 1. Local administrations shall be organized to the leadership of the Chief Procurator of in administ:I·ative units of the Socialist Republic the People's Procuracy at a higher level. The of Vietnam. Chief Procurators of Procuracies at lower levels 2. Local administration levels composed of are subject to the unified leadership of the the People's Council and People's Collllllittee Procurator General of the Supreme People's shall be organized consistent with the Procuracy. characteristics of the mral areas, urban areas, 2. When exercising the power to prosecute islands or special administrative-economic or to supervise judicial activities, a Procurator units prescribed by a law. shall abide by the law and is subject to the

Article 112 direction by the Chief Procurator of the People's Procuracy. 1. Local administrations shall organize and ensure implementation of the Constitution Chapter IX and law in their localities; decide on local LOCAL ADMINISTRATION issues prescribed by a law; and submit to the examination and supervision by state agencies

Article 110 at higher levels. 1. The administrative units of the Socialist 2. The tasks a n d powers of l o c a l Republic of Vietnam shall be defined as administrations shall b e detennined on the follows: basis of dete1mining the powers between state The count:Iy shall be divided into provinces agencies at the cent:I·al and local levels and for and cent:1·ally mn cities; each level of local administ:1·ation. © Vietnam Law & Legal Forom Issue nos 06-07/December 2013 27 (Cong Bao nos 1003-1004/Decemher 29, 2013) 3. Local administrations may, as necessa1y, and press for the settlement of complaints and be assigned ce1tain tasks of state agencies at denunciations. A People's Council deputy has higher levels, along with the necessaiy means the task of mobilizing the People to implement to ensure the pelfo1mance of those tasks. the Constitution, law, policies of the State,

Article 113 and resolutions of the People's Council, and encouraging the People to pa1ticipate in the 1. The People's Council is the local state state management. power body, representing the will, aspirations and light to maste1y of the local People, shall be 2. A People's Council deputy has the right to raise questions to the Chairperson or other elected by the local People, and is responsible to the local People and state agencies at higher members of the People's Committee, Chief levels. Justice of the People's Court, Chief Procurator of the People's Procuracy, and Heads of the 2. The People's Council shall decide on local agencies of the People's Committee. The issues as prescribed by a law; and supervise questioned persons shall present their answers the observance of the Constin1tion and law in before the People's Council. A People's its locality and the implementation of its own Council deputy has the light to make proposals resolutions. to state agencies, organizations, and units

Article 114 in the locality. The heads of those agencies, 1. The People's Committee at a local organizations or units shall receive the deputy, administration level, which shall be elected then consider and resolve the issues raised in by the People's Council of the same level, is his or her proposals. the executive body of the respective People's Article 116 Council and is the local state ad1ninistrative body, and is responsible to the People's Council 1. The People's Council and the People's and state administrative agencies at higher Committee shall repo1t on the local situation levels. t o the Vietnam Fatherland Front and mass organizations, listen to the opinions 2. The People's Committee shall organize and proposals of those organizations for implementation of the Constitution and law strengthening the local administration and in its locality and implementation of the socio-economic development; and coordinate resolutions of the People's Council, and with the Vietnam Fatherland Front and mass perform the tasks assigned to it by state organizations in encouraging the People, agencies at higher levels. together with the State, to perform socio­

Article 115 economic, national defense and security tasks 1. A People's Council deputy shall represent in the locality. the will and aspirations of local People; 2. The President of the Vietnam Fatherland shall maintain close ties with voters and be Front and heads of socio-political organizations subject to their supervision, meet and report in the locality may be invited to sessions of to voters on his or her own activities and the People's Council and to meetings of the activities of the People's Council, respond People's Committee of the same level that to their requests and petitions; and consider discuss relevant issues. © Vietnam Law & Legal Fornm 28 Issue nos 06-07/December 2013 (Cong Bao nos 1003-1004/Decemher 29, 2013) ChapterX ChapterXI THE NATIONAL ELECTION COUNCIL, EFFECTIVENESS OF THE THE STATE AUDIT OFFICE CONSTITUTION AND AMENDMENT TO THE CONSTITUTION

Article 117

Article 119 1. The National Election Council shall be established by the National Assembly and has 1. The Constitution is the fundamental the task of organizing the election of National and supreme law of the Socialist Republic of Assembly deputies, and directing and guiding Vietnam. the election of deputies to People's Councils All other legal documents must confonn to at all levels. the Constitution. 2. The National Election Council is composed All violations of the Constitution shall be of the Chairperson, Vice Chairpersons and dealt with. Members. 2. The National Assembly and its agencies, 3. The organization and specific tasks and the President, the Government, People's Comts, powers of the National Election Council and People's Procuracies, other agencies of the State the number of its members shall be prescribed and all the People shall defend the Constitution. by a law. The mechanism to defend the Constitution shall be prescribed by a law.

Article 118 1 . The State Audit Office shall b e Article 120 established by the National Assembly, operate 1. The President, the Standing Committee independently, abide only by the law, and audit of the National Assembly, the Government or the management and use of public finance and at least one-third of the total number of the assets. National Assembly deputies have the right 2. The State Auditor General is the head of to propose the making of, or an amendment the State Audit Office and shall be elected by to, the Constitution. The National Assembly the National Assembly. The te1m of office of shall decide on the making of, or amendment the State Auditor General shall be prescribed to, the Constitution when at least two-thirds by a law. of the total number of the National Assembly The State Auditor General is responsible, deputies vote for it. and shall repo1t on audit results and his or her 2. The National Assembly shall establish work, to the National Assembly. When the a Constitution Drafting Committee. The National Assembly is in recess, he or she is composition and number of members, tasks and responsible, and shall repo1t on his or her work, powers of the Constin1tion Drafting Committee to the Standing Committee of the National shall be decided by the National Assembly at Assembly. the proposal of the Standing Committee of the 3. The organization and specific tasks National Assembly. and powers of the State Audit Office shall be 3. The Constitution Drafting Committee prescribed by a law. shall draft the Constitution, collect the opinions © Vietnam Law & Legal Forom Issue nos 06-07/December 2013 29 (Cong Bao nos 1003-1004/Decemher 29, 2013) of the People on the draft, and submit it to the National Assembly. 4. The Constin1tion 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 XIJfh National Assembly of the Socialist Republic of Vietnam, at its 6th session.- Chairperson of the National Assembly NGUYEN SINH HUNG © Vietnam Law & Legal Fornm