Constitution of the Socialist Republic of Vietnam

Constitution of the Socialist Republic of Vietnam is the supreme legal document and the foundation of the nation's legal and political system. It codifies the socialist orientation of the state under the leadership of the Communist Party of Vietnam, which is defined as the force leading the state and society. The current text, adopted in 2013 and effective from 2014, is the fifth constitution since the August Revolution established the Democratic Republic of Vietnam in 1945.

History and development

The first constitution was promulgated in 1946 by Hồ Chí Minh and the Viet Minh government, establishing the framework for the Democratic Republic of Vietnam during the First Indochina War. The 1959 Constitution was enacted to reflect the socialist transformation in North Vietnam following the Geneva Accords. After national reunification in 1976, the 1980 Constitution formally established the Socialist Republic of Vietnam as a unified state. The 1992 Constitution introduced significant reforms aligned with the Đổi Mới economic renovation policies. The current 2013 Constitution was drafted by a committee led by Nguyễn Phú Trọng and approved by the National Assembly after extensive public consultation, aiming to address new socio-economic realities.

Fundamental principles and structure

The constitution affirms Vietnam as an independent, sovereign, unified, and territoriality integral state, comprising its mainland, islands, territorial waters, and airspace. The political system is based on the principle of democratic centralism, with all state power belonging to the people exercised through the National Assembly and People's Councils. The Communist Party of Vietnam is consistently affirmed as the leading force of the state and society. The economic system is defined as a socialist-oriented market economy with multiple forms of ownership, where the state sector plays a leading role. The document also emphasizes the building of a law-governed socialist state and the protection of national independence and sovereignty.

Rights and duties of citizens

Chapter II enshrines a comprehensive catalog of human rights and citizens' duties, drawing influence from international instruments like the Universal Declaration of Human Rights. It guarantees fundamental rights such as equality before the law, freedom of speech, freedom of the press, freedom of assembly, freedom of association, and freedom of religion. The constitution also recognizes economic, social, and cultural rights, including the right to work, the right to education, and the right to healthcare. Corresponding duties include loyalty to the homeland, military service, tax payment, and environmental protection. The exercise of rights may not infringe upon national interests or the lawful rights and interests of others.

State organs and organization

State power is unified and allocated to state bodies operating under the principles of legislation, execution, and adjudication. The National Assembly is the highest representative body and the sole organ vested with constituent and legislative powers. The President is the head of state, representing the country domestically and internationally. The Government, headed by the Prime Minister, is the highest executive body. The judiciary is led by the Supreme People's Court and the Supreme People's Procuracy. The constitution also outlines the roles of local administrations, including People's Councils and People's Committees, and the independent status of the Vietnam People's Army.

Amendments and revisions

The procedure for amending the constitution is strictly defined and rests solely with the National Assembly. A proposal for amendment must be submitted by the President, the National Assembly Standing Committee, the Government, or at least two-thirds of the total membership of the National Assembly. The amendment must be discussed and passed by a minimum of two-thirds of the total National Assembly deputies. The most recent comprehensive revision process occurred from 2011 to 2013, culminating in the adoption of the current 2013 Constitution, which succeeded the 1992 Constitution.

Vietnam Category:Law of Vietnam Category:Socialist Republic of Vietnam