Constitution of Vietnam

Constitution of Vietnam
Name	Constitution of Vietnam
Jurisdiction	Socialist Republic of Vietnam
Date ratified	28 November 2013
Date effective	1 January 2014
System	Unitary Marxist–Leninist single-party socialist republic
Executive	President and Government
Judiciary	Supreme People's Court
Supersedes	1992 Constitution

Constitution of Vietnam. The supreme law of the Socialist Republic of Vietnam, it establishes the nation as a Marxist–Leninist socialist republic under the leadership of the Communist Party of Vietnam. Adopted by the National Assembly of Vietnam and effective from 1 January 2014, it defines the political system, economic model, and fundamental rights of citizens. The document serves as the legal foundation for the entire state apparatus and the operation of the Government of Vietnam.

History and development

The current constitution is the fifth since the August Revolution and the Proclamation of Independence of the Democratic Republic of Vietnam in 1945. The first was enacted in 1946 under the leadership of Ho Chi Minh, establishing the Democratic Republic of Vietnam. Subsequent versions were promulgated in 1959, following the Geneva Accords, and in 1980, after the Fall of Saigon and reunification. The 1992 constitution introduced significant economic renovation policies. The latest revision process began in 2011, involving widespread public consultation and debates within the National Assembly of Vietnam before its adoption in 2013.

Structure and content

The document contains a preamble and eleven chapters, encompassing 120 articles. It outlines the political, economic, cultural, social, defense, and security foundations of the state. Key chapters detail the socialist-oriented market economy, the protection of cultural heritage, and national defense duties under the People's Army of Vietnam. It explicitly affirms the leading role of the Communist Party of Vietnam as the force governing state and society, a principle central to the nation's constitutional framework.

Fundamental rights and duties

Citizens are guaranteed a range of rights, including equality before the law, freedom of speech, freedom of the press, and the right to vote as stipulated by the Law on Election of Deputies to the National Assembly. The constitution also enshrines economic and social rights, such as the right to work, the right to education, and the right to healthcare. Corresponding duties include loyalty to the homeland, military service, and the obligation to obey the laws. These provisions are further elaborated in specific legislation like the 2015 Civil Code of Vietnam.

State organization and institutions

State power is unified and delegated to the National Assembly of Vietnam, the President of Vietnam, the Government of Vietnam, and the people's courts and procuratorates. The National Assembly of Vietnam is the highest representative body and the sole organ vested with constitutional and legislative power. The Government of Vietnam, headed by the Prime Minister of Vietnam, is the highest administrative body. The judiciary is led by the Supreme People's Court of Vietnam and the Supreme People's Procuracy of Vietnam.

Amendments and revisions

The power to amend the constitution resides solely with the National Assembly of Vietnam. A proposal for amendment requires a vote of at least two-thirds of the total membership of the assembly. The most recent comprehensive revision was finalized in 2013 after extensive drafting by a committee and national solicitation of opinion. This process updated the 1992 text to reflect contemporary socio-economic conditions and global integration, following directives from congresses of the Communist Party of Vietnam like the 11th National Congress of the Communist Party of Vietnam.

Role in the legal system

As the fundamental law, it holds the highest legal authority; all other legal documents, including laws from the National Assembly of Vietnam and decrees from the Government of Vietnam, must conform to its provisions. It provides the basis for the operation of the entire legal and judicial system, including the Supreme People's Court of Vietnam. The Committee for Judicial Affairs of the National Assembly oversees constitutional compliance. Its principles directly influence major policies and international commitments, such as those under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

Vietnam Category:Law of Vietnam Category:2013 in Vietnamese law