CONSTITUTIONAL LAW

Ta Diu Thuong, LLM International University - HCMC National University

CONSTITUTION
Constitution is a supreme codified written legal document in which defines: fundamental political principles; establishes: the structure, procedures, powers and duties of a government; provides and guarantees certain rights to the people

2. Comprises of all legal regulations. Subject matter: basic social relations related to State power such as: political & economic foundations. and other rights arising from state’s sovereignty. It’s also direct source of other branches. State administrative apparatus.. rights to change and establish foundations of legal system.Is the most significant branch of Vietnamese legal system. Supreme legal document . starting from highest law (Constitution) to the lower ones relating to its subject matter..CONSTITUTIONAL LAW 1. 4. basic rights and obligations of citizens.Constitution . 3.

It contains legal regulations and political-economic principles. . Hamurabi Code (1760 BC) – a collection of laws in Babylon that still well reserved until today. It allowed and protected some rights to his citizens.Code of Justice: issued by the Sumerian King of Lagash.Constitutional law .HISTORY Ancient time: 2300 BC . providing certain regulations on its political regime.

First codified Constitution: Twelve Tables. Single code until the Codex Theodosianus (AD 438).D.Constitutional law .HISTORY ROMAN EMPIRE 1. It was highly influential throughout Europe. Eastern Empire adopts the Codex repetitæ prælectionis (A. 2. 3. 534). .

One of the earliest in the region. this focuses more on social morality.Asia (Acient time) Ancient India (3s-BC) “The Eddicts of Ashoka” constitutional principles for Maurya king's rule. Japan: 604 BC. drafted by the prophet of Islam Muhamad*. Influenced by budidsh teachings. Constitution of Medina.Constitutional law . Seventeen-article Constitution.HISTORY Midle East . . with little concerns on institutions of Govt Muslim: 622 AC. One of the earliest constitutions which guarantees basic rights to religions and adherents as well as reinforcing a judiciary process regarding the rules of warfare. reportedly by Prince Shōtoku. tax and civil disputes.

outlaw. .HISTORY Middle Age England. exile or kill anyone at a whim — there must be due process of law first” China. Most important principle (article 39) “the King was not permitted to imprison. 1215: King John adopted Magna Carta.Constitutional law . 1375: Hong Wu Emperor issued Ancestral Injunctions These rules served in a very real sense as a constitution for the Ming Dynasty for the next 250 years.

San Marino*. France. 2. 1789. almost every state in the world have a codified constitution. Israel and New Zealand. except for the United Kingdom. 1791. . The US Constitution was influenced by the British constitutional and political systems. 1639. The United States*. Constitution * Nowadays. Consists of 62 articles covering wide subjects.remains in force until today. 4. 1600 . North American (Connecticut).Contemporary Constitutions 1. It is considered the first constitution of the region. Fundamental Orders. 3.

Constitutional law . 1946: September 2nd 1945 President Ho announced Independence Declaration November 9th . 1946 the first constitution was adopted by the National Assembly Includes 7 chapters.VIETNAM 1. 70 articles .

1959: Constitution of the Democratic Republic of Vietnam. adopted on January 1.Constitutional law . 2.VIETNAM 1954: Geneva Agreement has been signed thanks to Dien Bien Phu victory. 112 articles . 1960 Includes X chapters.

1980 Includes XII chapters. 1980: Constitution of the Socialist Republic of Vietnam. adopted on December 19. 147 articles .VIETNAM 1975: The reunification of North and South Vietnam 3.Constitutional law .

Constitutional law .VIETNAM The consequence of the policy of economic liberalization “Doi Moi” started in 1986. 4. 147 articles . 1992 Includes XII chapters. 1992: Constitution of the socialist Republic of the Vietnam was adopted on April 15th.

and the State as administrator. . Structure and principles regarding the organization and activity of State organs. the people as master. Institutionalizes: Relationship between the Party as leader. Economic system. Social and cultural institutions. deals with: National defense and security. Provides with: Fundamental rights and duties of the citizens.Constitutional law Vietnam Constitution 1992 establishes: Political regime.

Chapter IV: Protection of Motherland. Chapter V: Basic rights and obligations of citizens.Constitutional law Vietnam Constitution 1992 12 chapters. economic. social. hymn and enforcement and amendment procedure to the Constitution . 147 articles Chapter 1-3: Political. cultural. Chapter VI-X: State apparatus Chapter XI & XII: National flag. education and sciencetechnology regimes.

SOCIALIST REPUBLIC! Economic regime – system of economic relations. It expresses nature and form of ownership as to production materials. cooperative and private ownership .MAIN CONTENTS Political regime – set of basic principles to exercise State power. MARKET ECONOMY with Socialism orientation State.Vietnam Constitution 1992 . distribution and consumption of goods and organization of economic management.

MAIN CONTENTS . education and science-technology Chapter III (art 30-40) Vietnam Constitution 1992 .Policies towards culture.

Economic.Vietnam Constitution 1992 Basic rights and obligations of Citizens Relationship between State and citizens are usually expressed in the way how State defines rights and obligations of its Citizens. Obligations of citizens . cultural and social 3. Rights of democracy and personal freedom 4. “EVERYONE IS EQUAL BEFORE LAW!” Political 1.

Obligations of citizens (chapter V): Show loyalty to and ready to protect Motherland Respect and protect the properly of the State and the public interest Obey the Constitution and laws pay taxes and perform publicinterest labour days. .Vietnam Constitution 1992 Basic rights and obligations of Citizens 4.

Some other rights in details: Rights and obligations to protect Motherland Rights of “Physical inviolability”. Rights to lodge complaints and denunciations with the competent State authorities .Constitutional law Vietnam Constitution 1992 Basic rights and obligations of Citizens: 5. residence and privacy protection.

chief prosecutor of SP Court. Supreme People’s Office of Supervision and Control. . and 21-member cabinet. meets twice a year and has its standing committee Appoints President. PMs.Constitutional law Administrative system of Vietnam Legislative Branch National Assembly Is the highest State authority Exercises state activities’ supervision Has 14 legislative and supervision duties (art 84 of Constitution) Operates in 5-year term.

criminal military . judges are appointed by NA for 5-year terms. Military Tribunal . Local People’s Courts deal with legal issues (labour and individual disputes) at the district precinct levels.Constitutional law Administrative system of Vietnam Judicial Branch: Supreme People's Court .highest judicial body. supervises lower-level courts functions under the authority of the NA. Report to provincial or municipal governments.

. Ministers (and ministry-level bodie) and other members. deputy PMs.Constitutional law Administrative system of Vietnam Executive Branch: Government: Executive body of NA Highest administrative body * has 11 duties * Comprises of PM.

Constitutional law Administrative system of Vietnam Executive Branch: President .

Take decision.Elected by local population People’s Committee is: .Executive agency of the respective PCs .Elected by People’s Councils .Constitutional law Administrative system of Vietnam Executive Branch: People’s Council* is: . give instructions and supervise their implementation .State authorities in respective localities .