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Constitution of Vietnam

April 30, 2024

The Vietnamese Constitution or the Constitution of Vietnam (Vietnamese: Hiến pháp Việt Nam), fully the Constitution of the Socialist Republic of Vietnam (Vietnamese: Hiến pháp nước Cộng hòa xã hội chủ nghĩa Việt Nam), is the fundamental and supreme law of the Socialist Republic of Vietnam. The current constitution was adopted on November 28, 2013, by the Thirteenth National Assembly and took effect on January 1, 2014, being the third constitution adopted by the Vietnamese state since the political reunification of the country in 1976.

The 2013 Constitution

Current constitution edit

The current constitution, known as the 2013 Constitution, contains a preamble and 11 chapters:

  • Chapter I: Political System
  • Chapter II: Human Rights, Basic Civil Rights and Civic Duties
  • Chapter III: The Economy, Society, Culture, Education, Science, Technology, and the Environment
  • Chapter IV: Defence of the Homeland
  • Chapter V: The National Assembly
  • Chapter VI: President of the Republic
  • Chapter VII: The Government
  • Chapter VIII: The People's Court and the People's Procuracy
  • Chapter IX: Local Government
  • Chapter X: The National Electoral Council and the State Audit Office
  • Chapter XI: The Effect of the Constitution and Amending the Constitution

Previous constitutions edit

The Democratic Republic of Vietnam (DRV) had two constitutions:

  • 1946 Constitution of the Democratic Republic of Vietnam, adopted on November 9, 1946.
  • 1959 Constitution of the Democratic Republic of Vietnam, adopted on December 31, 1959.

The former Republic of Vietnam also had two constitutions, adopted in 1956 and 1967. Neither of these constitutional documents is in force, as the 1967 Constitution was abrogated when the government of the Republic of Vietnam collapsed in 1975.

Upon political reunification of the country in 1976, the 1960 Constitution of the Democratic Republic became the constitution of the Socialist Republic of Vietnam. Since then, the Vietnamese government adopted two constitutions before the 2013 Constitution:

  • 1980 Constitution of the Socialist Republic of Vietnam, adopted on December 19, 1980.
  • 1992 Constitution of the Socialist Republic of Vietnam, adopted on April 25, 1992, and amended in 2001.

1946 Constitution edit

The 1946 constitution adopted a semi-presidential system similar to the French constitution; it allowed for multiple parties to participate in elections.

According to the 1946 constitution, the president of the republic, was the head of government, rather than a ceremonial head of state. The president also had significantly more power than the current office of president. The later 1959 constitution turned the president into a ceremonial head, while giving de facto power to the party leader.

Despite the changes in later constitution, the current Vietnamese government still heavily praises it, calling it "one of the world's most democratic constitution[s] at the time."[1]

1959 Constitution edit

While the 1946 constitution was a superficially liberal democratic document, its 1959 successor was a fully communist document. Its preamble defined the DRV as a "people's democratic state led by the working class", thus codifying the actual state of affairs that had prevailed since 1945. The document provided for a nominal separation of powers among legislative, executive, and judicial branches of government. On paper, the legislative function was carried out by the National Assembly. The assembly was empowered to make laws and to elect the chief officials of the state, such as the president (who was largely a symbolic head of state), the vice president, and cabinet ministers. Together those elected (including the president and vice president) formed a Council of Ministers, which constitutionally (but not in practice) was subject to supervision by the Standing Committee of the National Assembly. Headed by a prime minister, the council was the highest executive organ of state authority. Besides overseeing the Council of Ministers, the assembly's Standing Committee nominally supervised the Supreme People's Court, the chief organ of the judiciary. The assembly's executive side nominally decided on national economic plans, approved state budgets, and acted on questions of war or peace. In reality, however, the final authority on all matters rested with the Political Bureau.[2]

1980 Constitution edit

The 1959 document had been adopted during the tenure of Ho Chi Minh and demonstrated a certain independence from the Soviet model of state organization. The 1980 Constitution was drafted when Vietnam faced a serious threat from China, and political and economic dependence on the Soviet Union had increased. Perhaps, as a result, the completed document resembles the 1977 Soviet Constitution,[2] which is evident in the principle of dictatorship of the proletariat, the exclusive leadership of the Communist Party, the centrally planned economy, the citizen's duties and statist rights, and the Leninist constitutional structure consisting of the supreme National Assembly, the collective presidency called the Council of State, the subordinate government called Council of Ministers, the procuracies, and the courts.[3][4]

The reunification of North and South Vietnam (the former Republic of Vietnam) in 1976 provided the primary motivation for revising the 1959 constitution. Revisions were made along ideological lines set forth at the Fourth National Congress of the Vietnamese Communist Party (VCP) in 1976, emphasizing popular sovereignty and promising success in undertaking "revolutions" in production, science and technology, culture, and ideology. In keeping with the underlying theme of a new beginning associated with reunification, the constitution also stressed the need to develop a new political system, a new economy, a new culture, and a new socialist person.[2]

The 1980 Vietnamese Constitution concentrates power in a newly established Council of State, much like the Presidium of the Supreme Soviet, endowing it nominally with both legislative and executive powers. Many functions of the legislature remain the same as under the 1959 document, but others have been transferred to the executive branch or assigned to both branches concurrently. The executive branch appears strengthened overall, having gained a second major executive body, the Council of State, and the importance of the National Assembly appears to have been reduced accordingly. The role of the Council of Ministers, while appearing on paper to have been subordinated to the new Council of State, in practice retained its former primacy.[2]

Among the innovative features of the 1980 document is the concept of "collective mastery" of society, a frequently used expression attributed to the late party secretary Le Duan (1907 - 1986). The concept is a Vietnamese version of popular sovereignty, which advocates an active role for the people so that they may become their own masters as well as masters of society, nature, and the nation. It states that the people's collective mastery in all fields is assured by the state and is implemented by permitting the participation in state affairs of mass organizations. On paper, these organizations, to which almost all citizens belong, play an active role in government and have the right to introduce bills before the National Assembly.[2]

Another feature is the concept of socialist legality, which dictates that "the state manage society according to law and constantly strengthen the socialist legal system." The concept, introduced at the Third National Party Congress in 1960, calls for achieving socialist legality through the state, its organizations, and its people. Law, in effect, is made subject to the decisions and directives of the party.[2]

The 1980 Constitution comprises 147 articles, in 12 chapters, dealing with numerous subjects, including the basic rights and duties of citizens. Article 67 guarantees the citizens' rights to freedom of speech, the press, assembly, association, and the freedom to demonstrate. These rights, however, were subject to a caveat stating that, "no one may misuse democratic freedoms to violate the interests of the state and the people." In practice, the party and the government had considerable latitude to determine what was in "the interests of the state and the people."[2]

1992 Constitution edit

In light of the Doi Moi (market reforms) adopted by Vietnam beginning in 1986 and the collapse of the Eastern Bloc, Vietnam adopted a new constitution in April 1992. The 1992 constitution adopted a "socialist oriented market economy", which allowed the development of private economic sectors, but it largely retained the previous Leninist constitutional structure.[5][4]

References edit

  1. ^ "Hiến pháp 1946 Việt Nam Dân Chủ Cộng Hòa".
  2. ^ a b c d e f g   This article incorporates text from this source, which is in the public domain. Ronald J. Cima (December 1987). Ronald J. Cima (ed.). Vietnam: A Country Study. Federal Research Division. Constitutional Evolution.
  3. ^ William J. Duiker, "The Constitutional System of the Socialist Republic of Vietnam", in Constitutional Systems in Late Twentieth Century Asia (Lawrence W. Beer ed., 1992)
  4. ^ a b Son, Bui Ngoc. "The Law of China and Vietnam in Comparative Law." Fordham Int'l LJ 41 (2017): 135.
  5. ^ Khng, Russell Heng Hiang. "The 1992 Revised Constitution of Vietnam: Background and Scope of Changes." Contemporary Southeast Asia (1992): 221-230.

Further reading edit

General reading and the 1992 Constitution and 2001 amendments edit

  • Russell H K Heng, "The 1992 Revised Constitution of Vietnam: Background and Scope of Changes", 4:3 Contemporary Southeast Asia 221 (1992).
  • Pip Nicholson, "Vietnamese Legal Institutions in Comparative Perspective: Constitutions and Courts Considered", in K Jayasuriya (ed.), Law, Capitalism and Power in Asia: The Rule of Law and Legal Institutions, London: Routledge, 1999.
  • Mark Sidel, "Analytical Models for Understanding Constitutions and Constitutional Dialogue in Socialist Transitional States: Re-Interpreting Constitutional Dialogue in Vietnam", 6 Singapore Journal of International and Comparative Law 42-89 (2002).
  • Mark Sidel, Law and Society in Vietnam, Cambridge: Cambridge University Press, 2008.
  • Mark Sidel, The Constitution of Vietnam: A Contextual Analysis, Oxford: Hart Publishing, 2009.
  • To Van-Hoa, Judicial Independence, Lund: Jurisförlaget i Lund, 2006.

The 1980 Constitution edit

  • Nguyen Phuong-Khanh, "Introduction to the 1980 Constitution of the Socialist Republic of Vietnam", 7(3) Review of Socialist Law 347 (1981) (including the text of the 1980 Constitution).

The 1959 Constitution edit

  • Bernard Fall, "North Viet-Nam's New Draft Constitution", 32:2 Pacific Affairs 178 (1959).
  • Bernard Fall, "North Viet-Nam's Constitution and Government", 33:3 Pacific Affairs 282 (1960).
  • Bernard Fall, "Constitution-Writing in a Communist State – The New Constitution of North Vietnam", 6 Howard Law Journal 157 (1960).

External links edit

 
Wikisource has original text related to this article:
Constitution of the Socialist Republic of Vietnam

English language edit

  • 2013 Constitution of the Socialist Republic of Vietnam 2014-11-13 at the Wayback Machine
  • 1992 Constitution of the Socialist Republic of Vietnam as adopted in 1992 (without 2001 amendments)
  • 1959 Constitution of the Democratic Republic of Vietnam

Vietnamese language edit

  • (in Vietnamese) (2001 constitutional amendments)
  • (in Vietnamese) (1946, 1959, 1980 and 1992 constitutions)

April 30, 2024
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The Vietnamese Constitution or the Constitution of Vietnam Vietnamese Hiến phap Việt Nam fully the Constitution of the Socialist Republic of Vietnam Vietnamese Hiến phap nước Cộng hoa xa hội chủ nghĩa Việt Nam is the fundamental and supreme law of the Socialist Republic of Vietnam The current constitution was adopted on November 28 2013 by the Thirteenth National Assembly and took effect on January 1 2014 being the third constitution adopted by the Vietnamese state since the political reunification of the country in 1976 The 2013 Constitution Contents 1 Current constitution 2 Previous constitutions 2 1 1946 Constitution 2 2 1959 Constitution 2 3 1980 Constitution 2 4 1992 Constitution 3 References 4 Further reading 4 1 General reading and the 1992 Constitution and 2001 amendments 4 2 The 1980 Constitution 4 3 The 1959 Constitution 5 External links 5 1 English language 5 2 Vietnamese languageCurrent constitution editThe current constitution known as the 2013 Constitution contains a preamble and 11 chapters Chapter I Political System Chapter II Human Rights Basic Civil Rights and Civic Duties Chapter III The Economy Society Culture Education Science Technology and the Environment Chapter IV Defence of the Homeland Chapter V The National Assembly Chapter VI President of the Republic Chapter VII The Government Chapter VIII The People s Court and the People s Procuracy Chapter IX Local Government Chapter X The National Electoral Council and the State Audit Office Chapter XI The Effect of the Constitution and Amending the ConstitutionPrevious constitutions editThe Democratic Republic of Vietnam DRV had two constitutions 1946 Constitution of the Democratic Republic of Vietnam adopted on November 9 1946 1959 Constitution of the Democratic Republic of Vietnam adopted on December 31 1959 The former Republic of Vietnam also had two constitutions adopted in 1956 and 1967 Neither of these constitutional documents is in force as the 1967 Constitution was abrogated when the government of the Republic of Vietnam collapsed in 1975 Upon political reunification of the country in 1976 the 1960 Constitution of the Democratic Republic became the constitution of the Socialist Republic of Vietnam Since then the Vietnamese government adopted two constitutions before the 2013 Constitution 1980 Constitution of the Socialist Republic of Vietnam adopted on December 19 1980 1992 Constitution of the Socialist Republic of Vietnam adopted on April 25 1992 and amended in 2001 1946 Constitution edit The 1946 constitution adopted a semi presidential system similar to the French constitution it allowed for multiple parties to participate in elections According to the 1946 constitution the president of the republic was the head of government rather than a ceremonial head of state The president also had significantly more power than the current office of president The later 1959 constitution turned the president into a ceremonial head while giving de facto power to the party leader Despite the changes in later constitution the current Vietnamese government still heavily praises it calling it one of the world s most democratic constitution s at the time 1 1959 Constitution edit While the 1946 constitution was a superficially liberal democratic document its 1959 successor was a fully communist document Its preamble defined the DRV as a people s democratic state led by the working class thus codifying the actual state of affairs that had prevailed since 1945 The document provided for a nominal separation of powers among legislative executive and judicial branches of government On paper the legislative function was carried out by the National Assembly The assembly was empowered to make laws and to elect the chief officials of the state such as the president who was largely a symbolic head of state the vice president and cabinet ministers Together those elected including the president and vice president formed a Council of Ministers which constitutionally but not in practice was subject to supervision by the Standing Committee of the National Assembly Headed by a prime minister the council was the highest executive organ of state authority Besides overseeing the Council of Ministers the assembly s Standing Committee nominally supervised the Supreme People s Court the chief organ of the judiciary The assembly s executive side nominally decided on national economic plans approved state budgets and acted on questions of war or peace In reality however the final authority on all matters rested with the Political Bureau 2 1980 Constitution edit The 1959 document had been adopted during the tenure of Ho Chi Minh and demonstrated a certain independence from the Soviet model of state organization The 1980 Constitution was drafted when Vietnam faced a serious threat from China and political and economic dependence on the Soviet Union had increased Perhaps as a result the completed document resembles the 1977 Soviet Constitution 2 which is evident in the principle of dictatorship of the proletariat the exclusive leadership of the Communist Party the centrally planned economy the citizen s duties and statist rights and the Leninist constitutional structure consisting of the supreme National Assembly the collective presidency called the Council of State the subordinate government called Council of Ministers the procuracies and the courts 3 4 The reunification of North and South Vietnam the former Republic of Vietnam in 1976 provided the primary motivation for revising the 1959 constitution Revisions were made along ideological lines set forth at the Fourth National Congress of the Vietnamese Communist Party VCP in 1976 emphasizing popular sovereignty and promising success in undertaking revolutions in production science and technology culture and ideology In keeping with the underlying theme of a new beginning associated with reunification the constitution also stressed the need to develop a new political system a new economy a new culture and a new socialist person 2 The 1980 Vietnamese Constitution concentrates power in a newly established Council of State much like the Presidium of the Supreme Soviet endowing it nominally with both legislative and executive powers Many functions of the legislature remain the same as under the 1959 document but others have been transferred to the executive branch or assigned to both branches concurrently The executive branch appears strengthened overall having gained a second major executive body the Council of State and the importance of the National Assembly appears to have been reduced accordingly The role of the Council of Ministers while appearing on paper to have been subordinated to the new Council of State in practice retained its former primacy 2 Among the innovative features of the 1980 document is the concept of collective mastery of society a frequently used expression attributed to the late party secretary Le Duan 1907 1986 The concept is a Vietnamese version of popular sovereignty which advocates an active role for the people so that they may become their own masters as well as masters of society nature and the nation It states that the people s collective mastery in all fields is assured by the state and is implemented by permitting the participation in state affairs of mass organizations On paper these organizations to which almost all citizens belong play an active role in government and have the right to introduce bills before the National Assembly 2 Another feature is the concept of socialist legality which dictates that the state manage society according to law and constantly strengthen the socialist legal system The concept introduced at the Third National Party Congress in 1960 calls for achieving socialist legality through the state its organizations and its people Law in effect is made subject to the decisions and directives of the party 2 The 1980 Constitution comprises 147 articles in 12 chapters dealing with numerous subjects including the basic rights and duties of citizens Article 67 guarantees the citizens rights to freedom of speech the press assembly association and the freedom to demonstrate These rights however were subject to a caveat stating that no one may misuse democratic freedoms to violate the interests of the state and the people In practice the party and the government had considerable latitude to determine what was in the interests of the state and the people 2 1992 Constitution edit In light of the Doi Moi market reforms adopted by Vietnam beginning in 1986 and the collapse of the Eastern Bloc Vietnam adopted a new constitution in April 1992 The 1992 constitution adopted a socialist oriented market economy which allowed the development of private economic sectors but it largely retained the previous Leninist constitutional structure 5 4 References edit Hiến phap 1946 Việt Nam Dan Chủ Cộng Hoa a b c d e f g nbsp This article incorporates text from this source which is in the public domain Ronald J Cima December 1987 Ronald J Cima ed Vietnam A Country Study Federal Research Division Constitutional Evolution William J Duiker The Constitutional System of the Socialist Republic of Vietnam in Constitutional Systems in Late Twentieth Century Asia Lawrence W Beer ed 1992 a b Son Bui Ngoc The Law of China and Vietnam in Comparative Law Fordham Int l LJ 41 2017 135 Khng Russell Heng Hiang The 1992 Revised Constitution of Vietnam Background and Scope of Changes Contemporary Southeast Asia 1992 221 230 Further reading editGeneral reading and the 1992 Constitution and 2001 amendments edit Russell H K Heng The 1992 Revised Constitution of Vietnam Background and Scope of Changes 4 3 Contemporary Southeast Asia 221 1992 Pip Nicholson Vietnamese Legal Institutions in Comparative Perspective Constitutions and Courts Considered in K Jayasuriya ed Law Capitalism and Power in Asia The Rule of Law and Legal Institutions London Routledge 1999 Mark Sidel Analytical Models for Understanding Constitutions and Constitutional Dialogue in Socialist Transitional States Re Interpreting Constitutional Dialogue in Vietnam 6 Singapore Journal of International and Comparative Law 42 89 2002 Mark Sidel Law and Society in Vietnam Cambridge Cambridge University Press 2008 Mark Sidel The Constitution of Vietnam A Contextual Analysis Oxford Hart Publishing 2009 To Van Hoa Judicial Independence Lund Jurisforlaget i Lund 2006 The 1980 Constitution edit Nguyen Phuong Khanh Introduction to the 1980 Constitution of the Socialist Republic of Vietnam 7 3 Review of Socialist Law 347 1981 including the text of the 1980 Constitution The 1959 Constitution edit Bernard Fall North Viet Nam s New Draft Constitution 32 2 Pacific Affairs 178 1959 Bernard Fall North Viet Nam s Constitution and Government 33 3 Pacific Affairs 282 1960 Bernard Fall Constitution Writing in a Communist State The New Constitution of North Vietnam 6 Howard Law Journal 157 1960 External links edit nbsp Wikisource has original text related to this article Constitution of the Socialist Republic of Vietnam English language edit 2013 Constitution of the Socialist Republic of Vietnam Archived 2014 11 13 at the Wayback Machine 1992 Constitution of the Socialist Republic of Vietnam as amended 25 December 2001 1992 Constitution of the Socialist Republic of Vietnam as adopted in 1992 without 2001 amendments 1959 Constitution of the Democratic Republic of Vietnam Vietnamese language edit in Vietnamese Resolution on amending and supplementing a number of articles of the Constitution of the Socialist Republic of Vietnam in 1992 2001 constitutional amendments in Vietnamese Constitution of the Socialist Republic of Vietnam 1946 1959 1980 and 1992 constitutions Retrieved from https en wikipedia org w index php title Constitution of Vietnam amp oldid 1212045820, wikipedia, wiki, book, books, library,

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