af Vela Cone THE CONSTITUTION | | THE REPUBLIC OF VIETNAM * AIGON-VIETNAM S THE SECRETARIAT OF STATE FOR INFORMATIONCONTENTS 1. — The History and Philosophy of the Constitu The Presidential Message . The Constitutional Commission The Preamble ../4.-4.++ ceeuteenietees Basic Human Rights and Duties ......--.....:005 ‘The Check and Balance of Powers ..0-....0+- sees ‘The President of the Republic ...... boven The Legislative Assembly The Judicial Function : . ‘The National Heonomic Couneil . The Spirit of the Constitution ..... seen nena ane I. — The Text of the Constitution The Preamble .. Basic Provisions eae e ees Rights and Duties of the Citizen:.. The President of the Republic.......s.seeeeeeeeee The National. Assembly: .......600:eebeeeeeeee we The Judges ......:cce Leceesavadeetadanenenens The Special Court of Justice .... . The National Economic: Couneil The Constitutional Court Amendment of the Constitution ........i666.s.eee General Provisions .......:..00cere sence serene . = oOo ae 10 i 16 lq 19Rrell 6-12-54, TARE-V-N- THE HISTORY AND PHILOSOPHY OF THE CONSTITUTION The promulgation of the Constitution takes place on October 26, 1956, on the anniversary of the proclamation of the Republic. For just over one year ago, on October 23, 1955, the people voted by universal secret ballot in a Refereridum that deposed Emperor Bao- Dai and named then Premier Ngo-dinh-Diem as the Chief of State with the mission to build up democracy. On October 26, 1955, the Republican form of Government was proclaimed by President Ngo. On January 28, 1956, the President in exercising the mandate of the People signed Ordinance n° 8, which called for the election on March 4th of a National Assembly. The Assembly was empo- wered to «discuss and approve» the nation’s first Constitution which was being drafted by an 11-man Commission of. lawyers and cabinet members appointed by the President. Following the Presidential Ordinance, there was some question raised as to how much power the new Assembly had been given to frame or alter. the draft Constitution. This question was not settled definitely until after the Assembly had been elected, orga- nized, and was ready to address itself to the work at hand, Then, on April 17, 1956, the President sent to the Assembly a Message in which he outlined certain’of his own basic recommendations but otherwise delegated to the legislative body complete constituent powers. Here is what he said :