Hiến pháp năm 2013

THE NATIONAL ASSEMBLY
——–

SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

 

Hanoi, November 28, 2013

 

THE
CONSTITUTION

OF THE SOCIALIST REPUBLIC
OF VIETNAM

 

PREAMBLE

Throughout
their millennia-old history, the Vietnamese People, working diligently and
creatively and fighting courageously to build and defend their country, have
forged a tradition of patriotism, solidarity, humanity, justice, resilience and
indomitableness, and have created the civilization and culture of Vietnam.

Since
1930, under the leadership of the Communist Party of Vietnam founded and
trained by President Ho Chi Minh, our People have waged a protracted struggle
full of hardship and sacrifice for national independence and freedom and for
their own happiness. In the wake of the triumph of the August Revolution, on
September 2, 1945, President Ho Chi Minh read the Proclamation of Independence,
declaring the birth of the Democratic Republic of Vietnam, now the Socialist
Republic of Vietnam. With the will and strength of the entire nation and the
assistance of friends around the world, our People have gained great victories
in the struggles to liberate the nation, reunify the country, defend the
Fatherland and fulfill international duties, and have recorded resounding
achievements of historical significance in the cause of renewing and building
the country toward socialism.

Institutionalizing
the Platform for National Construction during the Period of Transition toward
Socialism, and perpetuating the 1946, 1959, 1980 and 1992 Constitutions, the
Vietnamese People create, implement and defend this Constitution to achieve the
goal of a prosperous people and a strong, democratic, equitable and civilized
country.

Chapter I

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Article 1

The Socialist Republic of Vietnam is an independent and
sovereign country enjoying unity and integrity of territory, including the
mainland, islands, seas and airspace.

Article 2

1. The
State of the Socialist Republic of Vietnam is a socialist state ruled by law
and of the People, by the People and for the People.

2.
The Socialist Republic of Vietnam is the country where the People are the
masters; all the state power belongs to the People and is based on the alliance
of the working class, the peasantry and the intelligentsia.

3.
The state power is unified and delegated to state agencies which coordinate
with and control one another in the exercise of the legislative, executive and
judicial powers.

Article 3

The State shall guarantee and promote the People’s right to
mastery; recognize, respect, protect and guarantee human rights and citizens’
rights; and pursue the goal of a prosperous people and a strong, democratic,
equitable and civilized country, in which all people enjoy an abundant, free
and happy life and are given conditions for their comprehensive development.

Article 4

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2.
The Communist Party of Vietnam is closely associated with the People, shall
serve the People, shall submit to the supervision of the People, and is
accountable to the People for its decisions.

3.
Organizations and members of the Communist Party of Vietnam shall operate
within the framework of the Constitution and law.

Article 5

1. The Socialist Republic of Vietnam is a unified nation of
all ethnicities living together in the country of Vietnam.

2.
All the ethnicities are equal and unite with, respect and assist one another
for mutual development; all acts of discrimination against and division of the
ethnicities are prohibited.

3.
The national language is Vietnamese. Every ethnic group has the right to use
its own spoken and written language to preserve its own identity and to promote
its fine customs, practices, traditions and culture.

4.
The State shall implement a policy of comprehensive development and create the
conditions for the minority ethnicities to fully utilize their internal
strengths and develop together with the country.

Article 6

The People shall exercise the state power in the form of
direct democracy and of representative democracy through the National Assembly,
People’s Councils and other state agencies.

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1. The elections of deputies to the National Assembly and People’s
Councils must be conducted on the principle of universal, equal, direct and
secret suffrage.

2.
A National Assembly deputy or a People’s Council deputy may be removed from
office by the voters or the National Assembly or the People’s Council, when he
or she is no longer worthy of the confidence of the People.

Article 8

1. The State shall be organized and operate in accordance
with the Constitution and law, manage society by the Constitution and law, and implement
the principle of democratic centralism.

2.
All state agencies, cadres, civil servants and public employees shall show
respect for the People, conscientiously serve the People, maintain close
contact with the People, listen to their opinions and submit to their
supervision; resolutely combat corruption, waste, and all manifestations of
bureaucracy, arrogance and authoritarianism.

Article 9

1. The Vietnam Fatherland Front is a political alliance and
a voluntary union of the political organization, socio-political organizations
and social organizations, and prominent individuals representing their class,
social strata, ethnicity or religion and overseas Vietnamese.

The
Vietnam Fatherland Front shall constitute the political base of the people’s
administration; represent and protect the lawful and legitimate rights and
interests of the People; rally and fully utilize the strength of the great
national unity, exercise democracy and promote social consensus; conduct social
supervision and criticism; and participate in the building of the Party and the
State, and in people’s external relations’ activities, thus contributing to
national construction and defense.

2.
The Trade Union of Vietnam, the Vietnam Peasants’ Association, the Ho Chi Minh
Communist Youth Union, the Vietnam Women’s Union and the Vietnam War Veterans’
Association are socio-political organizations established on a voluntary basis
to represent and protect the lawful and legitimate rights and interests of
their members; and, together with other member organizations of the Vietnam
Fatherland Front, coordinate and unify action within the Front.

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Article 10

The Trade Union of Vietnam is a socio-political
organization of the working class and laborers voluntarily established to
represent laborers, care for and protect the lawful and legitimate rights and
interests of laborers; participate in the state management and socio-economic
management; participate in the examination, inspection and supervision of the
operations of state agencies, organizations, units and enterprises regarding
issues related to the rights and obligations of laborers; and mobilize laborers
to learn to improve their professional qualifications and skills, abide by law,
and build and defend the Fatherland.

Article 11

1. The Vietnamese Fatherland is sacred and inviolable.

2.
All acts against independence, sovereignty, unity and territorial integrity, or
against the construction and defense, of the Fatherland must be severely
punished.

Article 12

The Socialist Republic of Vietnam shall consistently
implement its foreign policy of independence, self-reliance, peace, friendship,
cooperation and development; multilateralization and diversification of
external relations, proactive and active international integration and
cooperation, on the basis of respect for each other’s independence, sovereignty
and territorial integrity, non-interference in each other’s internal affairs,
and equality and mutual benefit; abide by the Charter of the United Nations and
treaties to which the Socialist Republic of Vietnam is a contracting party; act
as a friend, reliable partner and responsible member of the international
community for the sake of national interests, and contribute to the cause of
peace, national independence, democracy and social progress in the world.

Article 13

1. The national flag of the Socialist Republic of Vietnam
is rectangular in shape, with its width equal to two-thirds of its length; in
the middle of a red background is a five-pointed gold star.

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3.
The national anthem of the Socialist Republic of Vietnam is the music and
lyrics of the song “Tien quan ca” (March to the Front).

4.
The National Day of the Socialist Republic of Vietnam is the day of the
Proclamation of Independence, the Second of September 1945.

5.
The capital of the Socialist Republic of Vietnam is Hanoi.

Chapter II

HUMAN
RIGHTS, FUNDAMENTAL RIGHTS AND OBLIGATIONS OF CITIZENS

Article 14

1. In the Socialist Republic of Vietnam, human rights and citizens’
rights in the political, civil, economic, cultural and social fields shall be
recognized, respected, protected and guaranteed in accordance with the
Constitution and law.

2.
Human rights and citizens’ rights may not be limited unless prescribed by a law
solely in case of necessity for reasons of national defense, national security,
social order and safety, social morality and community well-being.

Article 15

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2.
Everyone is obliged to respect others’ rights.

3.
Citizens shall perform their obligations toward the State and society.

4.
The exercise of human rights and citizens’ rights may not infringe upon
national interests and others’ lawful rights and interests.

Article 16

1. All people are equal before law.

2.
No one is subject to discriminatory treatment in political, civil, economic,
cultural or social life.

Article 17

1. A citizen of the Socialist Republic of Vietnam is a
person holding Vietnamese citizenship.

2.
A Vietnamese citizen may not be expelled and delivered to another state.

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Article 18

1. Overseas Vietnamese make up an inseparable part of the
community of Vietnamese ethnicities.

2.
The State of the Socialist Republic of Vietnam shall encourage and create the
conditions for overseas Vietnamese to preserve and promote the cultural
identity of the Vietnamese nation, maintain close ties with their families and
native land, and contribute to the construction of their native land and the
country.

Article 19

Everyone has the right to life. Human life is protected by
law. No one may be deprived of life in contravention of law.

Article 20

1. Everyone has the right to inviolability of his or her
body and to the protection by law of his or her health, honor and dignity; no
one shall be subjected to torture, violence, coercion, corporal punishment or
any form of treatment harming his or her body and health or offending his or
her honor and dignity.

2.
No one may be arrested without a decision of a People’s Court, or a decision or
approval of a People’s Procuracy, except in case of a flagrant offense. The
arrest, holding in custody, or detention, of a person shall be prescribed by a
law.

3.
Everyone has the right to donate his or her tissues, organs or body in
accordance with law. Medical, pharmaceutical and scientific experiments, or any
other form of experiments, on the human body must be consented to by the human
subject.

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1. Everyone has the right to inviolability of private life,
personal secrets and family secrets; and has the right to protect his or her
honor and reputation.

The
security of information about private life, personal secrets or family secrets
shall be guaranteed by law.

2.
Everyone has the right to privacy of correspondence, telephone conversations,
telegrams and other forms of private communication.

No
one may illegally break into, control or seize another’s correspondence,
telephone conversations, telegrams or other forms of private communication.

Article 22

1. Every citizen has the right to a legal residence.

2.
Everyone has the right to inviolability of his or her home. No one may enter the
home of another person without his or her consent.

3.
The search of homes shall be prescribed by a law.

Article 23

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The
exercise of those rights shall be prescribed by law.

Article 24

1. Everyone has the right to freedom of belief and
religion, and has the right to follow any religion or to follow no religion.
All religions are equal before law.

2.
The State shall respect and protect the freedom of belief and religion.

3.
No one may violate the freedom of belief and religion, nor may anyone take
advantage of a belief or religion in order to violate the law.

Article 25

Citizens have the right to freedom of speech and freedom of
the press, and have the right of access to information, the right to assembly,
the right to association, and the right to demonstrate. The exercise of those
rights shall be prescribed by law.

Article 26

1. Male and female citizens have equal rights in all
fields. The State shall adopt policies to guarantee the right to and
opportunities for gender equality.

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3.
Gender discrimination is prohibited.

Article 27

Every citizen who reaches the age of eighteen has the right
to vote.

Every
citizen who reaches the age of twenty-one has the right to stand for election
to the National Assembly or People’s Councils. The exercise of those rights
shall be prescribed by a law.

Article 28

1. Citizens have the right to participate in the management
of the State and management of society, and to discuss and propose to state
agencies issues about their base units, localities and the whole country.

2.
The State shall create the conditions for citizens to participate in the
management of the State and society; and shall publicly and transparently
receive and respond to the opinions and petitions of citizens.

Article 29

Citizens who reach the age of eighteen have the right to
vote in referenda organized by the State.

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1. Everyone has the right to lodge complaints or
denunciations about illegal acts of agencies, organizations or individuals with
competent agencies, organizations or persons.

2.
Competent agencies, organizations or persons shall receive and resolve
complaints and denunciations. Those suffering damages have the right to
material and mental compensation and restoration of honor in accordance with
law.

3.
Taking revenge on complainants or denunciators, or abusing the right to
complaint and denunciation to slander or falsely accuse others, is prohibited.

Article 31

1. A person charged with a criminal offense shall be
presumed innocent until proven guilty according to a legally established
procedure and the sentence of the court takes legal effect.

2.
A person charged with a criminal offense shall be promptly tried in an
impartial and public manner by a court within a legally established time limit.
In case of a closed trial in accordance with law, the verdict must be publicly
pronounced.

3.
No one may be tried twice for the same offense.

4.
A person who is arrested, held in custody, temporarily detained, charged with a
criminal offence, investigated, prosecuted or brought to trial has the right to
defend himself or herself in person or choose a defense counsel or another
person to defend him or her.

5.
A person who is illegally arrested, held in custody, temporarily detained,
charged with a criminal offence, investigated, prosecuted, brought to trial or
subject to judgment enforcement has the right to compensation for material and
mental damages and restoration of honor. A person who violates the law in
respect of arrest, detention, holding in custody, laying of charges,
investigation, prosecution, trial or judgment enforcement, thereby causing
damages to others, shall be punished in accordance with law.

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1. Everyone has the right to ownership of his or her lawful
income, savings, housing, chattels, means of production and capital
contributions to enterprises or other economic entities.

2.
The right to private ownership and the right to inheritance shall be protected
by law.

3.
In case of extreme necessity for national defense or security reasons or in the
national interest, in a state of emergency or in response to a natural
disaster, the State may compulsorily purchase or requisition the property of
organizations or individuals and pay compensation at market price.

Article 33

Everyone has the right to freedom of enterprise in the
sectors and trades that are not prohibited by law.

Article 34

Citizens have the right to social security.

Article 35

1. Citizens have the right to work and to choose their
occupations, employment and workplaces.

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3.
Discriminatory treatment, forced labor or the employment of people below the
minimum working age is prohibited.

Article 36

1. Men and women have the right to marry and divorce.
Marriage must adhere to the principles of voluntariness, progressiveness,
monogamy, equality and mutual respect between husband and wife.

2.
The State shall protect marriage and the family, and protect the interests of
mothers and children.

Article 37

1. Children shall be protected, cared for and educated by
the State, family and society; children may participate in child-related
issues. Harassing, persecuting, maltreating, abandoning or abusing children,
exploiting child labor or other acts that violate children’s rights are
prohibited.

2.
Young people shall be provided by the State, family and society with the
conditions for learning, working, entertaining themselves, and developing their
physiques and minds, and be educated in morality, national traditions and civic
consciousness; and shall take the lead in the cause of creative labor and
national defense.

3.
The elderly shall be respected and cared for by the State, family and society
to promote their role in the cause of national construction and defense.

Article 38

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2.
Acts threatening the life or health of other persons and the community are
prohibited.

Article 39

Citizens have the right, as well as the obligation, to
learn.

Article 40

Everyone has the right to conduct scientific or technological
research, or literary or artistic creation, and to enjoy the benefits brought
about by those activities.

Article 41

Everyone has the right to enjoy and access cultural values,
participate in cultural life, and use cultural facilities.

Article 42

A citizen has the right to determine his or her ethnicity,
use his or her mother tongue and choose his or her language of communication.

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Everyone has the right to live in a clean environment and
has the obligation to protect the environment.

Article 44

A citizen has the obligation to be loyal to the Fatherland.

High
treason is the most serious crime.

Article 45

1. It is the sacred duty and the noble right of citizens to
defend their Fatherland.

2.
A citizen shall perform military service and participate in building a national
defense of all the people.

Article 46

A citizen has the obligation to obey the Constitution and
law; participate in the safeguarding of national security and social order and
safety, and observe the rules of public life.

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Everyone has the obligation to pay taxes in accordance with
the law.

Article 48

Foreigners residing in Vietnam shall abide by the
Vietnamese Constitution and law; and have their lives, property, rights and
legitimate interests protected by Vietnamese law.

Article 49

Foreign nationals who are persecuted for taking part in the
struggle for freedom and national independence, for socialism, democracy and
peace, or for engaging in scientific pursuits may be considered for granting of
asylum by the State of the Socialist Republic of Vietnam.

Chapter III

ECONOMY,
SOCIAL AFFAIRS, CULTURE, EDUCATION, SCIENCE, TECHNOLOGY AND ENVIRONMENT

Article 50

The Socialist Republic of Vietnam shall build an independent
and self-reliant economy, bringing into full play its internal strengths and
international integration and cooperation, in close association with cultural
development, social progress and justice, environmental protection, and
national industrialization and modernization.

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1. The Vietnamese economy is a socialist-oriented market
economy with varied forms of ownership and economic sectors; the state economy
plays the dominant role.

2.
All economic sectors are important components of the national economy. Entities
in different economic sectors are equal before law and shall cooperate and
compete with one another in accordance with law.

3.
The State shall encourage and create the conditions for businesspeople,
enterprises or other individuals or organizations to carry out investment,
production or business activities; and develop economic branches in a
sustainable manner in order to contribute to national construction. The legal
property of individuals and organizations engaged in investment, production or
business activities is protected by law and is not subjected to
nationalization.

Article 52

The State shall develop and improve economic institutions,
regulate the economy on the basis of respect for market rules; delegate,
devolve and decentralize the powers in the state management; promote regional
economic links, and ensure the unity of the national economy.

Article 53

Land, water resources, mineral resources, resources in the
sea and airspace, other natural resources, and property managed or invested in
by the State are public property, owned by all the people, and represented and
uniformly managed by the State.

Article 54

1. Land is a special national resource and an important
resource for national development, and is managed in accordance with law.

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3.
The State may recover land currently used by organizations or individuals in
case of extreme necessity prescribed by a law for national defense or security
purposes; or socio-economic development in the national or public interest.
Land recovery must be public and transparent, and compensation must be paid in
accordance with the law.

4.
The State may requisition land in cases of extreme necessity prescribed by a
law to perform national defense and security tasks or during a state of war or
a state of emergency, or in response to a natural disaster.

Article 55

1. The state budget, national reserve, state financial
funds and other public financial resources must be uniformly managed by the
State and shall be used in an efficient, fair, public, transparent and lawful
manner.

2.
The state budget consists of the central budget and local budgets, in which the
central budget plays the leading role and ensures national spending needs.
State budget revenues and expenditures must be estimated and must be prescribed
by a law.

3.
The national monetary unit is the Vietnam dong. The State shall ensure the
stabilization of the national currency value.

Article 56

Agencies, organizations and individuals shall practice
thrift and combat waste, and prevent and fight corruption in socio-economic
activities and the state management.

Article 57

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2.
The State shall protect the lawful rights and interests of employees and
employers and create the conditions for the establishment of progressive,
harmonious and stable employment relations.

Article 58

1. The State and society shall make investments to further
the protection of and care for the People’s health, implement the universal
health insurance, and adopt policies to prioritize health care for ethnic
minority people and people living in mountainous areas, on islands, and in
areas that have extremely difficult socio-economic conditions.

2.
The State, society and family are responsible for protecting and caring for the
health of mothers and children, and for family planning.

Article 59

1. The State and society shall honor, commend, reward, and implement
preferential treatment policies to, people who have rendered meritorious
service to the country.

2.
The State shall create equal opportunities for citizens to enjoy social
welfare, develop the social security system, and adopt policies to support
elderly people, people with disabilities, poor people, and other disadvantaged
people.

3.
The State shall adopt housing development policies and create the conditions
for everyone to have his or her own home.

Article 60

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2.
The State and society shall develop literature and the arts in order to meet
the diverse and healthy spiritual needs of the People; and develop the mass
media to meet the People’s demands for information and to serve national
construction and defense.

3.
The State and society shall create an environment for building prosperous,
progressive and happy Vietnamese families, and developing Vietnamese people
with good health, cultural qualities, patriotism, a spirit of solidarity, a
sense of mastery and civic responsibility.

Article 61

1. To develop education is a top national policy that aims
to increase public intellectual standards, develop human resources, and nurture
talented people.

2.
The State shall prioritize investment in, and attract other investment sources
for, education; care for pre-school education; and ensure free compulsory primary
education; gradually universalize secondary education; develop higher education
and vocational education; and implement reasonable scholarship and school fee
policies.

3.
The State shall prioritize the development of education in mountainous areas,
on islands, in ethnic minority areas, and in areas that have extremely
difficult socio-economic conditions; prioritize the employment and development
of talented people; and create the conditions for people with disabilities and
poor people to receive education and vocational training.

Article 62

1. To develop science and technology is a top national
policy, playing the key role in national socio-economic development.

2.
The State shall prioritize investment in, and encourage organizations and
individuals to invest in, research, development, transfer and effective
application of scientific and technological achievements; guarantee the right
to conduct scientific and technological research; and protect intellectual
property rights.

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Article 63

1. The State shall adopt environmental protection policies;
manage and use natural resources in an efficient and sustainable manner;
conserve nature and biodiversity; and take the initiative in preventing and
controlling natural disasters and responding to climate change.

2.
The State shall encourage all activities for environmental protection and the
development and use of new energy and renewable energy.

3.
Organizations and individuals that cause environmental pollution, natural
resource exhaustion or biodiversity depletion shall be strictly punished and
shall rectify and compensate for damage.

Chapter IV

DEFENSE
OF THE FATHERLAND

Article 64

To defend the socialist Vietnamese Fatherland is the
mission of all the people.

The
State shall consolidate and strengthen national defense by all the people and
the people’s security, with the people’s armed forces as the core; and fully utilize
the total strength of the country to defend firmly the Fatherland, thereby
contributing to protecting peace in the region and around the world.

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Article 65

The people’s armed forces shall show absolute loyalty to
the Fatherland, the People, the Party and the State; protect the independence,
sovereignty, unity and territorial integrity of the Fatherland, national security,
and social order and safety; safeguard the People, the Party, the State and the
socialist regime; and join the entire people in national construction and the
performance of international duties.

Article 66

The State shall build a revolutionary People’s Army that is
regular, well-trained and gradually modernized, which has an appropriate
permanent force, a large and powerful reserve force, and a strong and extensive
self- defense and militia force, as the core for performing national defense
tasks.

Article 67

The State shall build a revolutionary People’s Public
Security force that is regular, well-trained and gradually modernized, as the
core to safeguard national security, ensure social order and safety, and
prevent and fight crime.

Article 68

The State shall promote the People’s patriotism and
revolutionary heroism and educate the entire people in national defense and
security; build the national defense and security industry; ensure proper
equipment for the people’s armed forces, and combine national defense and
security with economic activities and vice versa; implement policies
regarding military families; ensure the material and spiritual lives of the
officers, soldiers, workers and employees consistent with the nature of the
activities of the People’s Army and People’s Public Security force; and build
powerful people’s armed forces and unceasingly strengthen their national
defense capability.

Chapter
V

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Article 69

The National Assembly is the highest representative body of
the People and the highest state power body of the Socialist Republic of
Vietnam.

The
National Assembly shall exercise constitutional and legislative powers, decide
on important issues for the country, and conduct the supreme oversight over the
activities of the State.

Article 70

The National Assembly has the following tasks and powers:

1.
To make and amend the Constitution; to make and amend laws;

2.
To exercise the power of supreme oversight over the observance of the
Constitution, laws and resolutions of the National Assembly; to review work
reports of the President, Standing Committee of the National Assembly,
Government, Supreme People’s Court, Supreme People’s Procuracy, National
Election Council, State Audit Office, and other agencies established by the
National Assembly;

3.
To decide on the country’s major goals, targets, policies and tasks for
socio-economic development;

4.
To decide on fundamental national financial and monetary policies; to
introduce, change or abolish taxes; to decide on the division of revenues and
expenditures between the central and local budgets; to decide on the safe
limits for national, public and government debts; to decide on state budget
estimates and the allocation of the central budget; and to approve the final
accounts of the state budget;

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6.
To regulate the organization and operation of the National Assembly, President,
Government, People’s Courts, People’s Procuracies, National Election Council,
State Audit Office, local administrations, and other agencies established by
the National Assembly;

7.
To elect, relieve from duty or remove from office the President, Vice
Presidents, Chairperson and Vice Chairpersons of the National Assembly, members
of the Standing Committee of the National Assembly, Chairperson of the Ethnic
Council, Chairpersons of the Committees of the National Assembly, Prime
Minister, Chief Justice of the Supreme People’s Court, Procurator General of
the Supreme People’s Procuracy, Chairperson of the National Election Council,
State Auditor General, and heads of other agencies established by the National
Assembly; to approve proposals on the appointment, relief from duty or
dismissal of the Deputy Prime Ministers, Ministers or other members of the
Government, and Judges of the Supreme People’s Court; and to approve the lists
of members of the National Defense and Security Council and the National
Election Council.

After
being elected, the President, Chairperson of the National Assembly, Prime Minister,
and Chief Justice of the Supreme People’s Court shall take an oath of loyalty
to the Fatherland, the People and the Constitution;

8.
To conduct votes of confidence on persons holding positions elected or approved
by the National Assembly;

9.
To decide on the establishment or abolition of ministries or ministerial-level
agencies of the Government; to establish, dissolve, consolidate, separate or
adjust the administrative boundaries of, provinces, centrally run cities and
special administrative-economic units; or to establish or abolish other
agencies in accordance with the Constitution and law;

10.
To annul documents of the President, Standing Committee of the National
Assembly, Government, Prime Minister, Supreme People’s Court and Supreme
People’s Procuracy that contravene the Constitution, laws or resolutions of the
National Assembly;

11.
To decide on a general amnesty;

12.To
stipulate the titles and ranks in the people’s armed forces, diplomatic titles
and ranks, and other state titles and ranks; to institute orders, medals, and
state honorary titles;

13.
To decide on issues of war and peace; to determine states of emergency and
other special measures to ensure national defense and security;

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15.To
decide to hold referenda.

Article 71

1. The term of the National Assembly is five years.

2.
Sixty days before the expiration of the term of the National Assembly, a new
National Assembly must be elected.

3.
In special cases, the National Assembly may decide to shorten or extend its
term, at the proposal of the Standing Committee of the National Assembly, if at
least two-thirds of the total number of the National Assembly deputies vote for
it. The extension of the term of the National Assembly must not exceed twelve
months, except in wartime.

Article 72

The Chairperson of the National Assembly shall preside over
National Assembly sessions; authenticate by his or her signature the
Constitution, laws and resolutions of the National Assembly; lead the work of
the Standing Committee of the National Assembly; organize the conduct of the
external relations of the National Assembly; and maintain a relationship with
National Assembly deputies.

Vice
Chairpersons of the National Assembly shall assist the Chairperson in his or
her work as assigned by the Chairperson.

Article 73

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2.
The Standing Committee of the National Assembly is composed of the Chairperson,
Vice Chairpersons and Members.

3.
The number of members of the Standing Committee of the National Assembly shall
be decided by the National Assembly. A member of the Standing Committee of the
National Assembly may not concurrently be a member of the Government.

4.
The Standing Committee of the National Assembly shall perform its tasks and
exercise its powers until a new Standing Committee is elected by the succeeding
National Assembly.

Article 74

The Standing Committee of the National Assembly has the
following tasks and powers:

1.
To prepare, convene and preside over sessions of the National Assembly;

2.
To enact ordinances on issues assigned to it by the National Assembly; to
interpret the Constitution, laws and ordinances;

3.
To oversee the implementation of the Constitution, laws and resolutions of the
National Assembly and ordinances and resolutions of the Standing Committee of
the National Assembly; to oversee the activities of the Government, Supreme
People’s Court, Supreme People’s Procuracy, State Audit Office, and other
agencies established by the National Assembly;

4.
To suspend the implementation of documents of the Government, Prime Minister,
Supreme People’s Court or Supreme People’s Procuracy that contravene the
Constitution, or laws or resolutions of the National Assembly, and refer those
documents to the National Assembly to decide on their annulment at the next
session; to annul documents of the Government, Prime Minister, Supreme People’s
Court or Supreme People’s Procuracy that contravene ordinances or resolutions
of the Standing Committee of the National Assembly;

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6.
To propose the National Assembly to elect, relieve from duty or remove from
office the President, Chairperson or Vice Chairpersons of the National
Assembly, Members of the Standing Committee of the National Assembly,
Chairperson of the Ethnic Council, Chairpersons of the Committees of the
National Assembly, Chairperson of the National Election Council, or State
Auditor General;

7.
To supervise and guide the work of the People’s Councils; to annul resolutions
of the People’s Councils of provinces or centrally run cities that contravene
the Constitution, laws or documents of state agencies at higher levels; to
dissolve the People’s Councils of provinces or centrally run cities in case
they cause serious damage to the interests of the People; 8. To decide on the
establishment, dissolution, consolidation, separation, or adjustment of the
boundaries of, the administrative units under the provinces or centrally run
cities;

9.
To decide to declare a state of war in case the National Assembly cannot meet,
and report it to the National Assembly for decision at its next session;

10.
To decide on general or partial mobilization; to declare or cancel a state of
emergency throughout the country or in a particular locality;

11.
To conduct the external relations of the National Assembly;

12.
To approve proposals on the appointment or relief from duty of ambassadors
extraordinary and plenipotentiary of the Socialist Republic of Vietnam;

13.
To organize referenda in pursuance to decisions of the National Assembly.

Article 75

1. The Ethnic Council is composed of the Chairperson, Vice
Chairpersons and Members. The Chairperson of the Ethnic Council shall be
elected by the National Assembly; Vice Chairpersons and Members of the Ethnic
Council shall be approved by the Standing Committee of the National Assembly.

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3.
The Chairperson of the Ethnic Council may be invited to attend Government
meetings to discuss the implementation of policies on ethnic groups. The
Government shall consult the Ethnic Council before promulgating regulations on
the implementation of policies on ethnic groups.

4.
The Ethnic Council has additional tasks and powers similar to those of the
Committees of the National Assembly set out in Clause 2, Article 76.

Article 76

1. A Committee of the National Assembly is composed of the
Chairperson, Vice Chairpersons and Members. Chairpersons of the Committees
shall be elected by the National Assembly; Vice Chairpersons and Members of the
Committees shall be approved by the Standing Committee of the National Assembly.

2.
The Committees of the National Assembly shall verify draft laws, proposals on
laws, other drafts, and reports as assigned by the National Assembly or the
Standing Committee of the National Assembly; exercise the oversight power
within the scope of their powers and tasks prescribed by a law; and make
proposals on issues that fall within the scope of their activities.

3.
The establishment or dissolution of the Committees shall be decided by the
National Assembly.

Article 77

1. The Ethnic Council or the Committees of the National
Assembly may request members of the Government, Chief Justice of the Supreme
People’s Court, Procurator General of the Supreme People’s Procuracy, State
Auditor General or concerned individuals to make reports, give explanations or
provide documents on necessary matters. The persons who receive requests shall
respond.

2.
State agencies shall study and respond to the proposals made by the Ethnic
Council and the Committees of the National Assembly.

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The National Assembly may, as necessary, establish an
ad-hoc Committee to study and verify a certain project or investigate a certain
issue.

Article 79

1. A National Assembly deputy shall represent the will and
aspirations of the People of his or her constituency and of the whole country.

2.
A National Assembly deputy shall maintain close ties with voters and submit to
their supervision; collect and truthfully convey their views and aspirations to
the National Assembly and concerned agencies or organizations; meet and report
to the voters on his or her activities and activities of the National Assembly;
respond to the requests and petitions of voters; monitor and press for the
settlement of complaints and denunciations, and guide and assist in the
exercise of the right to complaint or denunciation.

3.
A National Assembly deputy shall inform the People of, and mobilize them to
implement, the Constitution and laws.

Article 80

1. National Assembly deputies have the right to raise
questions to the President, Chairperson of the National Assembly, Prime
Minister, Ministers and other members of the Government, Chief Justice of the
Supreme People’s Court, Procurator General of the Supreme People’s Procuracy or
State Auditor General.

2.
The questioned persons shall present their answers before the National Assembly
at a session of the National Assembly or, when the National Assembly is in
recess, at a meeting of the Standing Committee of National Assembly; the
National Assembly and the Standing Committee of the National Assembly may, as
necessary, allow the questioned persons to submit written answers.

3.
National Assembly deputies have the right to request agencies, organizations or
individuals to provide information and documents related to the latter’s tasks.
The heads of agencies or organizations, or individuals shall answer questions
raised by deputies within the time limit prescribed by a law.

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No National Assembly deputy may be arrested, held in
custody, detained or prosecuted without the consent of the National Assembly
or, when the National Assembly is in recess, without the consent of the
Standing Committee of the National Assembly. In the case a deputy is detained
for a flagrant offense, the agency holding the deputy in custody shall
immediately report the case to the National Assembly or the Standing Committee
of the National Assembly for consideration and decision.

Article 82

1. National Assembly deputies shall fully perform their
tasks; and have the right to participate as members in the Ethnic Council or a
Committee of the National Assembly.

2.
The Standing Committee of the National Assembly, Prime Minister, Deputy Prime
Ministers, Ministers, Heads of ministerial-level agencies or other agencies of
the State shall create the conditions for National Assembly deputies to perform
their tasks.

3.
The State shall ensure funding for the activities of National Assembly
deputies.

Article 83

1. The National Assembly shall hold sessions in public. The
National Assembly may, when necessary and at the request of the President, Standing
Committee of the National Assembly, Prime Minister or at least one-third of the
total number of the National Assembly deputies, decide to conduct a closed
session.

2.
The National Assembly shall hold two sessions a year. The National Assembly
shall hold an extraordinary session when so requested by the President,
Standing Committee of the National Assembly, Prime Minister or at least
one-third of the total number of the National Assembly deputies. The Standing
Committee of the National Assembly shall convene sessions of the National
Assembly.

3.
The first session of a newly elected National Assembly must be convened within
sixty days from the date of election of the National Assembly deputies; this
session must be opened and presided over by the Chairperson of the outgoing
National Assembly until the new National Assembly elects its Chairperson.

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1. The President, Standing Committee of the National
Assembly, Ethnic Council and Committees of the National Assembly, Government,
Supreme People’s Court, Supreme People’s Procuracy, State Audit Office, Central
Committee of the Vietnam Fatherland Front, and central bodies of the Front’s
member organizations have the right to submit draft laws to the National
Assembly or submit draft ordinances to the Standing Committee of the National
Assembly.

2.
National Assembly deputies have the right to submit their proposals on laws and
ordinances, or draft laws and draft ordinances, to the National Assembly or the
Standing Committee of the National Assembly.

Article 85

1. Laws and resolutions of the National Assembly must be
voted for by more than half of the total number of the National Assembly
deputies; the making or amendment of the Constitution, decisions to shorten or
extend the term of the National Assembly or to remove from office one of its
deputies must be voted for by at least two-thirds of the total number of the
National Assembly deputies.

Ordinances
and resolutions of the Standing Committee of the National Assembly must be
approved by more than half of the total number of its members.

2.
Laws and ordinances must be promulgated within fifteen days of their passage,
unless the President requests reconsideration of an ordinance.

Chapter VI

THE
PRESIDENT

Article 86

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Article 87

The President shall be elected by the National Assembly
from among its deputies.

The
President is responsible, and shall report on his or her work, to the National
Assembly.

His
or her term of office follows the term of the National Assembly. At the
expiration of the term of the National Assembly, the President shall remain in
office until a new President is elected by the succeeding National Assembly.

Article 88

The President has the following tasks and powers:

1.
To promulgate the Constitution, laws and ordinances; to request the Standing
Committee of the National Assembly to reconsider its ordinances, within ten
days of their passage; if those ordinances are still voted for by the Standing
Committee of the National Assembly and disapproved by the President, the
President shall refer the matter to the National Assembly for decision at its
next session;

2.
To propose to the National Assembly to elect, relieve from duty or remove from
office the Vice President or Prime Minister; and, based on resolutions of the
National Assembly, to appoint, relieve from duty or dismiss Deputy Prime
Ministers, Ministers or other members of the Government;

3.
To propose the National Assembly to elect, relieve from duty or remove from
office the Chief Justice of the Supreme People’s Court or Procurator General of
the Supreme People’s Procuracy; and, based on resolutions of the National
Assembly, to appoint, relieve from duty or dismiss Judges of the Supreme
People’s Court; to appoint, relieve from duty or dismiss Deputy Chief Justices
of the Supreme People’s Court, Judges of other Courts or Deputy Procurators
General or Procurators of the Supreme People’s Procuracy; to decide on a
special amnesty; or, based on resolutions of the National Assembly, to proclaim
a general amnesty;

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5.
To assume command of the people’s armed forces and hold the office of
Chairperson of the National Defense and Security Council; to decide on the
award, promotion, demotion or deprivation of the ranks of general, naval rear
admiral, naval vice admiral and naval admiral; to appoint, relieve from duty or
dismiss the Chief of the General Staff or the Director of the Political General
Department of the Vietnamese People’s Army; based on resolutions of the
National Assembly or the Standing Committee of the National Assembly, to
promulgate or annul decisions to declare a state of war; based on resolutions
of the Standing Committee of the National Assembly, to issue an order on general
mobilization or partial mobilization, to declare or cancel a state of
emergency; or, in case the Standing Committee of the National Assembly cannot
meet, to declare or cancel a state of emergency nationwide or in a particular
locality;

6.
To receive foreign ambassadors extraordinary and plenipotentiary; based on
resolutions of the Standing Committee of the National Assembly, to appoint,
relieve from duty; decide to send or recall ambassadors extraordinary and
plenipotentiary of the Socialist Republic of Vietnam; to confer the
ambassadorial title and rank; to decide on the negotiation and conclusion of
treaties in the name of the State; to submit to the National Assembly for
ratification of, or decision on the accession to, or withdrawal from, the
treaties specified in Clause 14, Article 70; to decide on the ratification of,
accession to, or withdrawal from, other treaties in the name of the State.

Article 89

1. The National Defense and Security Council is composed of
the Chairperson, Vice Chairperson and Members. The list of members of the
National Defense and Security Council shall be submitted by the President to
the National Assembly for approval.

The
National Defense and Security Council shall work on a collegial basis and make
its decisions by a vote of the majority.

2.
The National Defense and Security Council shall propose the National Assembly
or, when the National Assembly cannot meet, the Standing Committee of the
National Assembly to decide on a state of war; mobilize all forces and capacity
of the country to defend the Fatherland; perform special tasks and exercise
special powers assigned to and vested in it by the National Assembly in case of
war; and decide on the participation of the people’s armed forces in
peacekeeping operations in the region and around the world.

Article 90

The President may attend meetings of the Standing Committee
of the National Assembly and meetings of the Government.

The
President may request the Government to meet to discuss issues that he or she
considers necessary to fulfill his or her tasks or exercise his or her powers.

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The President shall issue orders and decisions for the
performance of his or her tasks or the exercise of his or her powers.

Article 92

The Vice President shall be elected by the National
Assembly from among its deputies.

The
Vice President shall assist the President in his or her work and may be
delegated certain tasks by the President to perform on behalf of the President.

Article 93

When the President is incapacitated from work over a long
period of time, the Vice President shall succeed as acting President.

In
case of vacancy of the Presidency, the Vice President shall serve as acting
President until a new President is elected by the National Assembly.

Chapter VII

THE
GOVERNMENT

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The Government is the highest state administrative body of
the Socialist Republic of Vietnam, shall exercise executive power, and is the
executive body of the National Assembly.

The
Government is responsible to the National Assembly and shall report on its work
to the National Assembly, the Standing Committee of the National Assembly and
the President.

Article 95

1. The Government is composed of the Prime Minister, Deputy
Prime Ministers, Ministers, and Heads of ministerial-level agencies.

The
structure and number of members of the Government shall be decided by the
National Assembly.

The
Government shall work on a collegial basis and make its decisions by a vote of
the majority.

2.
The Prime Minister is the head of the Government and responsible to the
National Assembly for the work of the Government and assigned tasks; and shall
report on the work of the Government and the Prime Minister to the National
Assembly, the Standing Committee of the National Assembly and the President.

3.
Deputy Prime Ministers shall assist the Prime Minister in his or her work as
assigned by the Prime Minister, and are responsible to the Prime Minister for
their assigned tasks. In the absence of the Prime Minister, a Deputy Prime
Minister delegated by the Prime Minister shall lead the work of the Government
on behalf of the Prime Minister.

4.
Ministers and Heads of ministerial-level agencies are personally responsible to
the Prime Minister, Government and National Assembly for the sectors and fields
under their charge and, together with other members of Government, shall assume
the collective responsibility for the work of the Government.

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The Government has the following tasks and powers:

1.
To organize the implementation of the Constitution, laws and resolutions of the
National Assembly, ordinances and resolutions of the Standing Committee of the
National Assembly, and orders and decisions of the President;

2.
To propose and formulate policies to be submitted to the National Assembly or
the Standing Committee of the National Assembly for decision or decide on
policies according to its competence, for the performance of its tasks and the
exercise of its powers set out in this Article; to submit draft laws, draft
state budget estimates and other projects to the National Assembly; and to
submit draft ordinances to the Standing Committee of the National Assembly;

3.
To perform the unified management of the economy, culture, social affairs,
education, health, science, technology, environment, information,
communications, external relations, national defense, national security, and
social order and safety; to carry out orders on general mobilization or partial
mobilization or orders to proclaim a state of emergency, and take other
necessary measures to defend the Fatherland and to protect the People’s lives
and property;

4.
To propose the National Assembly for decision the establishment or abolition of
ministries or ministerial-level agencies; the establishment, dissolution,
consolidation, separation, or adjustment of the administrative boundaries of,
provinces, centrally run cities or special administrative-economic units; to
propose  the Standing Committee of the National Assembly for decision the
establishment, dissolution, consolidation, separation or adjustment of the
boundaries of, administrative units under the provinces and centrally run
cities;

5.
To perform the unified management of the national administration system; to
manage cadres, civil servants, public employees, and the public service in
state agencies; to organize inspection and control work, the settlement of
complaints and denunciations, and the fight against bureaucracy and corruption
in the state apparatus; to lead the work of the ministries, ministerial-level
agencies, government-attached agencies, and People’s Committees at all levels;
to guide and examine the People’s Councils in their implementation of the
documents of state agencies at higher levels, to create the conditions for the
People’s Councils to perform their tasks and exercise their powers which are
prescribed by a law;

6.
To protect the rights and interests of the State and society, human rights and
citizens’ rights; and to ensure social order and safety;

7.
To negotiate and conclude treaties in the name of the State, as authorized by
the President; to decide on the conclusion, accession to, ratification of, or
withdrawal from, treaties in the name of the Government, except for treaties to
be submitted to the National Assembly for ratification as specified in Clause
14, Article 70; to protect the interests of the State and the legitimate
interests of Vietnamese organizations or citizens in foreign countries;

8.
To coordinate with the Central Committee of the Vietnam Fatherland Front and
central bodies of the socio-political organizations in the performance of the
tasks and the exercise of the powers of the Government.

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The term of the Government follows the term of the National
Assembly. At the expiration of the term of the National Assembly, the
Government shall remain in office until a new Government is elected by the
succeeding National Assembly.

Article 98

The Prime Minister shall be elected by the National
Assembly from among its deputies.

The
Prime Minister has the following tasks and powers:

1.
To lead the work of the Government; to lead the formulation of policies and
organize the implementation of laws;

2.
To lead and take responsibility for the work of the state administration system
from the central to the local level, ensuring the consistency and continuity of
the national administration system;

3.
To submit to the National Assembly for approval proposals on the appointment,
relief from duty or dismissal of Deputy Prime Ministers, Ministers or other
members of the Government; to appoint, relieve from duty or dismiss Deputy
Ministers or officials of equal rank of ministries or ministerial-level
agencies; to approve the election and relief from duty, and to decide on the
transfer or dismissal of Chairpersons and Vice Chairpersons of the People’s
Committees of provinces or centrally run cities;

4.
To suspend the implementation of, or annul the documents, of Ministers, Heads
of ministerial-level agencies, People’s Committees, Chairpersons of the
People’s Committees of provinces or centrally run cities that contravene the
Constitution, laws or documents of state agencies at higher levels; to suspend
the implementation of resolutions of the People’s Councils of provinces or
centrally run cities that contravene the Constitution, laws or documents of
state agencies at higher levels and, at the same time, to propose the Standing
Committee of the National Assembly to annul them;

5.
To decide on and direct the negotiation of, and to direct the conclusion, and
accession to, or ratification of, treaties within the scope of the tasks and
powers of the Government; to organize the implementation of treaties to which
the Socialist Republic of Vietnam is a contracting party;

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Article 99

1. Ministers and Heads of ministerial-level agencies are
members of the Government, shall preside over their ministries or
ministerial-level agencies, and shall lead the work of their ministries or
ministerial-level agencies; shall perform the state management of the sectors
and fields under their charge; and shall organize and monitor nationwide the
implementation of laws concerning their sectors and fields.

2.
Ministers and Heads of ministerial-level agencies shall report on their work to
the Government and Prime Minister; and make reports to the People on important
issues under their management.

Article 100

The Government, the Prime Minister, Ministers, and Heads of
ministerial-level agencies shall promulgate legal documents to perform their
tasks and exercise their powers, review the implementation of those documents,
and deal with unlawful documents in accordance with law.

Article 101

The President of the Central Committee of the Vietnam
Fatherland Front and heads of central bodies of socio-political organizations
may be invited to meetings of the Government that discuss relevant issues.

Chapter VIII

THE
PEOPLE’S COURTS AND THE PEOPLE’S PROCURACIES

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1. The People’s Courts are the judicial bodies of the
Socialist Republic of Vietnam and exercise judicial power.

2.
The People’s Courts include the Supreme People’s Court and other Courts
prescribed by a law.

3.
The People’s Courts have the duty to safeguard justice, human rights, citizens’
rights, the socialist regime, the interests of the State, and the lawful rights
and interests of organizations and individuals.

Article 103

1. Except in the case of trial by summary procedure,
Assessors shall participate in first-instance trials by the People’s Courts.

2.
During a trial, the Judges and Assessors are independent and shall obey only
the law. Agencies, organizations or individuals are prohibited from interfering
in a trial by Judges and Assessors.

3.
The People’s Courts shall hold their hearings in public. In a special case
which requires protection of state secrets, conformity with the fine customs
and traditions of the nation, protection of minors or protection of private
life and at the legitimate request of an involved party, the People’s Court may
hold a closed hearing.

4.
Except in the case of a trial by summary procedure, the People’s Courts shall try
cases on a collegial basis and make decisions by a vote of the majority.

5.
The adversarial principle shall be guaranteed in trials.

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7.
The right of the accused or defendants to a defense, and the right of involved
parties to protect their lawful interests, shall be guaranteed.

Article 104

1. The Supreme People’s Court is the highest judicial body
of the Socialist Republic of Vietnam.

2.
The Supreme People’s Court shall supervise the judicial work of other Courts,
unless otherwise prescribed by a law.

3.
The Supreme People’s Court shall make overall assessment of adjudicating
practices, ensuring the uniform application of law in trial.

Article 105

1. The term of office of the Chief Justice of the Supreme
People’s Court follows the term of the National Assembly. The appointment,
relief from duty, dismissal, and term of office of the Chief Justices of other
Courts shall be prescribed by a law.

2.
The Chief Justice of the Supreme People’s Court is responsible, and shall
report on his or her work, to the National Assembly. When the National Assembly
is in recess, he or she is responsible, and shall report on his or her work, to
the Standing Committee of the National Assembly and the President.

The
reporting regime applicable to the Chief Justices of other Courts shall be
prescribed by a law.

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Article 106

The judgments and decisions of the People’s Courts which
have taken legal effect must be respected by agencies, organizations and
individuals and must be strictly observed by the concerned agencies,
organizations or individuals.

Article 107

1. The People’s Procuracies shall exercise the power to
prosecute and supervise judicial activities.

2.
The People’s Procuracies include the Supreme People’s Procuracy and other
Procuracies as prescribed by a law.

3.
The People’s Procuracies have the duty to safeguard the law, human rights,
citizens’ rights, the socialist regime, the interests of the State, and the
lawful rights and interests of organizations and individuals, thus contributing
to ensuring the strict and unified observance of the law.

Article 108

1. The term of office of the Procurator General of the
Supreme People’s Procuracy follows the term of the National Assembly. The
appointment, relief from duty, dismissal, and term of office of the Chief
Procurators of other Procuracies and of Procurators shall be prescribed by a
law.

2.
The Procurator General of the Supreme People’s Procuracy is responsible, and
shall report on his or her work, to the National Assembly.

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Article 109

1. The People’s Procuracies shall be led by their Chief
Procurators. The Chief Procurator of a People’s Procuracy is subject to the
leadership of the Chief Procurator of the People’s Procuracy at a higher level.
The Chief Procurators of Procuracies at lower levels are subject to the unified
leadership of the Procurator General of the Supreme People’s Procuracy.

2.
When exercising the power to prosecute or to supervise judicial activities, a
Procurator shall abide by the law and is subject to the direction by the Chief
Procurator of the People’s Procuracy.

Chapter IX

LOCAL
ADMINISTRATION

Article 110

1. The administrative units of the Socialist Republic of
Vietnam shall be defined as follows:

The
country shall be divided into provinces and centrally run cities; A province
shall be divided into rural districts, towns, and provincial cities; a
centrally run city shall be divided into urban districts, rural districts,
towns, and equivalent administrative units;

A
rural district shall be divided into communes and townships; a town or
provincial city shall be divided into wards and communes; and an urban district
shall be divided into wards.

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2.
The establishment, dissolution, consolidation, separation or adjustment of the
boundaries of, an administrative unit must be consulted with local People and
must comply with the process and procedures prescribed by a law.

Article 111

1. Local administrations shall be organized in
administrative units of the Socialist Republic of Vietnam.

2.
Local administration levels composed of the People’s Council and People’s
Committee shall be organized consistent with the characteristics of the rural
areas, urban areas, islands or special administrative-economic units prescribed
by a law.

Article 112

1. Local administrations shall organize and ensure
implementation of the Constitution and law in their localities; decide on local
issues prescribed by a law; and submit to the examination and supervision by
state agencies at higher levels.

2.
The tasks and powers of local administrations shall be determined on the basis
of determining the powers between state agencies at the central and local
levels and for each level of local administration.

3.
Local administrations may, as necessary, be assigned certain tasks of state
agencies at higher levels, along with the necessary means to ensure the
performance of those tasks.

Article 113

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2.
The People’s Council shall decide on local issues as prescribed by a law; and supervise
the observance of the Constitution and law in its locality and the
implementation of its own resolutions.

Article 114

1. The People’s Committee at a local administration level, which
shall be elected by the People’s Council of the same level, is the executive
body of the respective People’s Council and is the local state administrative
body, and is responsible to the People’s Council and state administrative
agencies at higher levels.

2.
The People’s Committee shall organize implementation of the Constitution and
law in its locality and implementation of the resolutions of the People’s
Council, and perform the tasks assigned to it by state agencies at higher
levels.

Article 115

1. A People’s Council deputy shall represent the will and
aspirations of local People; shall maintain close ties with voters and be
subject to their supervision, meet and report to voters on his or her own
activities and activities of the People’s Council, respond to their requests
and petitions; and consider and press for the settlement of complaints and
denunciations. A People’s Council deputy has the task of mobilizing the People
to implement the Constitution, law, policies of the State, and resolutions of
the People’s Council, and encouraging the People to participate in the state
management.

2.
A People’s Council deputy has the right to raise questions to the Chairperson
or other members of the People’s Committee, Chief Justice of the People’s
Court, Chief Procurator of the People’s Procuracy, and Heads of the agencies of
the People’s Committee. The questioned persons shall present their answers
before the People’s Council. A People’s Council deputy has the right to make
proposals to state agencies, organizations, and units in the locality. The
heads of those agencies, organizations or units shall receive the deputy, then
consider and resolve the issues raised in his or her proposals.

Article 116

1. The People’s Council and the People’s Committee shall
report on the local situation to the Vietnam Fatherland Front and mass
organizations, listen to the opinions and proposals of those organizations for
strengthening the local administration and socio-economic development; and
coordinate with the Vietnam Fatherland Front and mass organizations in
encouraging the People, together with the State, to perform socio-economic,
national defense and security tasks in the locality.

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Chapter X

THE
NATIONAL ELECTION COUNCIL, THE STATE AUDIT OFFICE

Article 117

1. The National Election Council shall be established by
the National Assembly and has the task of organizing the election of National
Assembly deputies, and directing and guiding the election of deputies to
People’s Councils at all levels.

2.
The National Election Council is composed of the Chairperson, Vice Chairpersons
and Members.

3.
The organization and specific tasks and powers of the National Election Council
and the number of its members shall be prescribed by a law.

Article 118

1. The State Audit Office shall be established by the
National Assembly, operate independently, abide only by the law, and audit the
management and use of public finance and assets.

2.
The State Auditor General is the head of the State Audit Office and shall be
elected by the National Assembly. The term of office of the State Auditor
General shall be prescribed by a law.

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3.
The organization and specific tasks and powers of the State Audit Office shall
be prescribed by a law.

Chapter XI

EFFECTIVENESS
OF THE CONSTITUTION AND AMENDMENT TO THE CONSTITUTION

Article 119

1. The Constitution is the fundamental and supreme law of
the Socialist Republic of Vietnam.

All
other legal documents must conform to the Constitution.

All
violations of the Constitution shall be dealt with.

2.
The National Assembly and its agencies, the President, the Government, People’s
Courts, People’s Procuracies, other agencies of the State and all the People
shall defend the Constitution.

The
mechanism to defend the Constitution shall be prescribed by a law.

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1. The President, the Standing Committee of the National
Assembly, the Government or at least one-third of the total number of the
National Assembly deputies have the right to propose the making of, or an
amendment to, the Constitution. The National Assembly shall decide on the
making of, or amendment to, the Constitution when at least two-thirds of the
total number of the National Assembly deputies vote for it.

2.
The National Assembly shall establish a Constitution Drafting Committee. The composition
and number of members, tasks and powers of the Constitution Drafting Committee
shall be decided by the National Assembly at the proposal of the Standing
Committee of the National Assembly.

3.
The Constitution Drafting Committee shall draft the Constitution, collect the
opinions of the People on the draft, and submit it to the National Assembly.

4.
The Constitution shall be adopted when at least two-thirds of the total number
of the National Assembly deputies vote for it. The holding of a referendum on
the Constitution shall be decided by the National Assembly.

5.
The time limit for the promulgation and effective date of the Constitution
shall be decided by the National Assembly.

This
Constitution was adopted on November 28, 2013, by the XIIIth National Assembly
of the Socialist Republic of Vietnam, at its 6th session.-

 

 

CHAIRPERSON OF THE NATIONAL ASSEMBLY

Nguyen Sinh Hung

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