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| Constitution of Vietnam | |
|---|---|
| Name | Constitution of Vietnam |
| Native name | Hiến pháp Việt Nam |
| Jurisdiction | Vietnam |
| System | Communist Party of Vietnam-led Socialist Republic of Vietnam |
| Date ef | 1992 (amended 2001, 2013, 2018) |
| Branches | National Assembly (Vietnam), President of Vietnam, Government of Vietnam, Supreme People's Court (Vietnam), Supreme People's Procuracy (Vietnam) |
| Courts | Supreme People's Court (Vietnam) |
Constitution of Vietnam The Constitution of Vietnam is the supreme law that defines the political structure, powers, and rights within the Socialist Republic of Vietnam. It establishes the role of the Communist Party of Vietnam, the organization of state institutions such as the National Assembly (Vietnam), the President of Vietnam, and the Government of Vietnam, and sets out fundamental rights and duties for citizens. Over its history the document has been revised in response to events including the August Revolution (1945), the Vietnam War, and the Đổi Mới reforms.
Origins trace to the 1946 constitution promulgated after the August Revolution (1945) and the declaration of the Democratic Republic of Vietnam by Hồ Chí Minh. Subsequent texts reflected wartime exigencies during the First Indochina War and the division after the Geneva Accords (1954), leading to separate constitutional experiences in the Republic of Vietnam and the Democratic Republic of Vietnam. The 1959 constitution and the 1980 constitution followed influences from the Soviet Union constitution and the Lao People's Democratic Republic model. Economic and political shifts during Đổi Mới prompted the 1992 constitution, with amendments in 2001, 2013, and 2018 responding to pressures from bodies such as the National Assembly (Vietnam), the Central Committee of the Communist Party of Vietnam, and international engagements like accession to the World Trade Organization. Historical actors include Phạm Văn Đồng, Trường Chinh, and Lê Duẩn whose policies shaped constitutional content. Regional dynamics involving China, United States, France (French Fourth Republic), and institutions like the United Nations influenced legal evolution.
The constitution enshrines principles such as the leading role of the Communist Party of Vietnam and socialist ownership patterns associated with thinkers like Karl Marx, Vladimir Lenin, and Ho Chi Minh. It situates the state within international obligations under instruments from the United Nations and treaties like the Geneva Accords (1954). The constitutional text defines sovereignty, territorial integrity involving regions like the Paracel Islands and Spratly Islands, and recognizes multi-level administrative units such as Hanoi, Ho Chi Minh City, and provinces (tỉnh). Legal institutions referencing the Ministry of Justice (Vietnam), the Supreme People's Court (Vietnam), and the Supreme People's Procuracy (Vietnam) implement constitutional norms. Influences include comparative models from the Constitution of the Soviet Union, the Constitution of China, and post-socialist constitutions in Eastern Europe.
The constitution allocates state functions among the National Assembly (Vietnam) as the highest representative body, the President of Vietnam as head of state, the Government of Vietnam (headed by the Prime Minister of Vietnam), and the judiciary led by the Supreme People's Court (Vietnam). The National Assembly (Vietnam) exercises legislative power, approves the State Budget of Vietnam, and confirms appointments to offices including the General Secretary of the Communist Party of Vietnam when overlapping with state roles. Executive responsibilities reference ministries such as the Ministry of Public Security (Vietnam), the Ministry of National Defence (Vietnam), and the Ministry of Foreign Affairs (Vietnam). Judicial review and prosecutorial functions involve the Supreme People's Procuracy (Vietnam) and lower courts in provinces like Đà Nẵng and Hải Phòng. The constitution frames checks among organs similar to models in the People's Republic of China and contrasts with systems like the United States Constitution.
The constitutional chapter on rights guarantees civil and political entitlements such as freedom of belief, assembly, and expression within bounds set by law; it also recognizes economic, social, and cultural rights tied to labor and welfare systems like the Vietnam Social Security. Rights of minorities include protections for ethnic groups such as the Kinh people, Hmong people, and Cham people. Duties mandated include national defense service, tax obligations enforced by the Ministry of Finance (Vietnam), and adherence to laws passed by the National Assembly (Vietnam). Provisions intersect with international human rights instruments from bodies such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights which Vietnam has engaged with through the United Nations Human Rights Council.
Amendment procedures are prescribed for proposals originating from organs like the National Assembly (Vietnam) or the Standing Committee of the National Assembly (Vietnam), requiring deliberation, multiple readings, and a supermajority vote. The process has been used in major revisions in 1992, 2001, 2013, and 2018 reflecting input from entities including provincial delegations from Hanoi and Ho Chi Minh City, and scholars from institutions such as the National Academy of Public Administration (Vietnam). Constitutional interpretation and review involve state legal agencies, the Supreme People's Court (Vietnam), and the Ministry of Justice (Vietnam), though mechanisms differ from judicial review systems in countries like India and Germany.
Implementation rests with state bodies including the Government of Vietnam, provincial People's Councils, and ministries such as the Ministry of Justice (Vietnam), Ministry of Public Security (Vietnam), and Ministry of National Defence (Vietnam). Enforcement actions occur through courts like the Supreme People's Court (Vietnam), procuratorial oversight by the Supreme People's Procuracy (Vietnam), and administrative sanctioning by agencies including the Ministry of Finance (Vietnam). Legal education and dissemination are conducted by universities such as Hanoi Law University and the Ho Chi Minh City University of Law, and monitored by organizations including the Vietnam Bar Federation and the Vietnam Union of Science and Technology Associations.
Notable constitutional changes include the 1992 establishment of market-oriented reforms after Đổi Mới, the 2013 affirmation of private property and market economy elements, and the 2018 amendments clarifying the role of the Communist Party of Vietnam and introducing provisions on state-owned enterprises such as Vietnam Oil and Gas Group (Petrovietnam) and Vietnam Airlines. Key provisions address state ownership, collective land-use rights under the Land Law (Vietnam), and national security measures involving the Ministry of Public Security (Vietnam). Influential legal scholars and political figures during revisions included delegates from the National Assembly (Vietnam), jurists associated with the Vietnamese Academy of Social Sciences, and policymakers who negotiated relations with partners like the United States and China.
Category:Constitutions