CONSTITUTIONAL LAW OUTLINE

Basic statements

1. The Constitution was invented with the birth of the states.

FALSE.
Because: The birth of the first constitutions was associated with the victory of the bourgeois revolution
(cách mạng tư sản) which marked the end of the arbitrary (chế độ cai trị độc đoán) and blatantly violent
authoritarianism (chủ nghĩa bạo lực công khai) that had existed for thousands of years under feudalism
(chế độ phong kiến) and slavery regime (chế độ chiếm hữu nô lệ). In the feudalism as well as slavery
regime, there was no constitution.

2. In our country, the Constitution was invented before the August Revolution in 1945.
FLASE.
Because: The Constitution was invented after the August Revolution in 1945. On 6th January 1946,
National Assembly deputies were directly elected by the People through a democracy election, the first
NA was formally established. On 9th November 1946, the NA passed the first Constitution of Democratic
Republic of Vietnam.

3. In our country today, the People only exercise state power indirectly through the National
Assembly and People's Councils at all levels.
FALSE.
According to Article 6 - 2013 Constitution: The people exercise the State power under the forms of direct
democracy and of representative democracy through the National Assembly, the People’s Councils and
other State agencies.

4. The procedure of amending the Constitution (Thủ tục sửa đổi hiến pháp), which is provided in the
Constitution of 2013, is similar to the Constitution of 1992's procedure.
FALSE

Article 147/1992 Constitution Article 120/2013 Constitution

Proposed by The National Assembly The State President, the National

Assembly’s Standing
Committee, or at least two-thirds
of the entire number of National
Assembly representatives

Committee of Constitutional The National Assembly’s

Drafting Standing Committee

Approval percentage at least two-thirds of the entire at least two-thirds of the entire
number of NA representatives number of NA representatives
 Time limited by The National Assembly The National Assembly

6. The procedure of amending the Constitution, which is provided in the 2013 Constitution, is
similar to the Constitution of 1946's procedure.

Article 70/1946 Constitution Article 120/2013 Constitution

Proposed by Two-thirds of the total number The State President, the National
of deputies Assembly’s Standing
Committee, or at least two-thirds
of the entire number of National
Assembly representatives

Committee of Constitutional A committee elected by the NA The National Assembly’s

Drafting Standing Committee

Approval percentage at least two-thirds of the entire

number of NA representatives

Time limited by After approval by the NA and be The National Assembly

submitted to a national
referendum

7. All Vietnamese Constitutions provide the leadership of the Communist Party of Vietnam (Đảng
cộng sản Việt Nam).
FALSE.
Not all of the Vietnamese Constitutions provide the leadership of the Communist Party of Vietnam. In the
1946 Constitution, there was no recognition of the leadership of TCPOV but admitted in fact. In the 1959
Constitution, there was 3 times recognition in the preamble. In 1980, 1992, 2013, there was an official
recognition of the leadership of TCPOV in the preamble and one clause in Article 4.

8. Human rights and civil rights are two completely identical categories (phạm trù đồng nhất).
According to Article 14 Constitution of 2013, human rights are considered as different rights from
citizens' rights.
- Human rights is a controversial and multifaceted category. According to Office of High
Commissioner of Human rights, human rights are “universal legal guarantees protecting
individuals and groups against actions and omissions that interfere with fundamental freedoms,
entitlements and human dignity”
- Citizen are everybody who live within a country surely have a particular legal relation with the
state as well as rights and obligations that are dependent on the legal relation between them and
the state. They may be a citizen of that country or a foreigner who is a citizen of another country
or stateless person who is not considered as a national by any State
- In terms of rights holders: Human rights have a broader connotation than citizen rights and are
not limited by nationality criteria.
 - In terms of rights content: citizen rights are based on respect for human rights and human rights
can only be guaranteed by regulations on citizen rights in the laws of each country.
- In terms of value: Human rights are both global and local, depending on economic development
and political situation.

9. The Constitution of 2013 regulates: 'Human rights and citizens' rights may not be limited unless
prescribed by legislation solely in case of necessity for reasons of national defense, national security,
social order and safety, social morality and community well being
TRUE according to clause2, article 14 Constitution of 2013

10. The Constitution of 2013 regulates: 'Everyone has the right to life. Human life is protected by
legislation (lập pháp, luật - law). No one may be deprived of life in contravention of legislation'.
FALSE.
According to Article 19 Constitution of 2013: “Everyone has the right to live. Human life is protected by
the law. No one shall be illegally deprived of his or her life”. Therefore, human life is protected by the
law, not by legislation.

11. The Constitution of 2013 regulates: The arrest (bắt giữ), holding in custody (giam giữ), or
detention of a person (khám xét người), or the search of homes (khám xét nhà) shall be prescribed
by legislation (lập pháp).
FALSE.
According to Article 20 and 22 Constitution of 2013, the arrest, the holding in custody, the detention of a
person or the research of home shall be decreed by statute.

12. According to the current law, in the re-election, the candidate who gets more votes is the
winner.
FALSE.
According to Article 78 and 80 of 2015 Election Law: the candidate who gets more votes is the winner in
case the number of candidates who poll more than half of the total valid votes is larger than the number of
deputies assigned to the constituency

13. According to the current law, in the first election, if the number of elected candidates is not
enough provided in the regulations, additional deputies will be elected.
TRUE
According to Article 79 of the 2015 Election law: In the first election, the number of elected deputies to
the NA is lower than that assigned to a constituency, or the number of elected deputies to a People’s
Council at a certain level is lower than two-thirds of that assigned to a constituency, the Election Board in
such constituency shall clearly state this in the written record ascertaining the election returns and
promptly send it to the Election Committee in charge of organizing the election at such level for a
decision on an additional election for such constituency.

14. According to the current law, the National Assembly only supremely supervises state agencies at
the central level. Quốc hội chỉ thực hiện hoạt động giám sát tối cao đối với các cơ quan nhà nước trung
ương.
FALSE.
The NA is entitled to conduct supreme surveillance to the operations of the State President, the Standing
Committee of the NA, the Government, the Government’s members, the Supreme People’s Court, the
Supreme People’s Procuracy, the National Commission of Election, the State Audit and other bodies
created by the NA

15. According to current law, only National Assembly deputies have the right to submit proposals
for new laws to the National Assembly. Chỉ đại biểu quốc hội mới có quyền trình dự án luật trước Quốc
hội
FALSE
According to Article 84 the 2013 Constitution, The State President, the Standing Committee of the
National Assembly, the Ethnic Council (Hội đồng dân tộc) and Committees of the National Assembly (Uỷ
ban Quốc hội), the Government, the Supreme People's Court, the Supreme People's Procuracy (Viện
kiểm sát nhân dân tối cao), the State Audit (Kiểm toán nhà nước), The Central Committee of the Vietnam
Fatherland Front (Uỷ ban trung ương mặt trận tổ quốc Việt Nam) and the central bodies of its member
organisations have the right to submit draft laws to the National Assembly and draft ordinances to the
National Assembly’s Standing Committee.

16. According to current law, the National Assembly has the power to annul legal documents of the
Government that are contrary to the Constitution, laws of the National Assembly and ordinances of
the Standing Committee of the National Assembly. Quốc hội có quyền hủy bỏ văn bản quy phạm pháp
luật của Chính phủ trái với Hiến pháp, luật và pháp lệnh.
FALSE.
According to Clause 10 Article 70 2013 Constitution, the NA has duties and power to abrogate all formal
written documents issued by the State President, the Standing Committee of the National Assembly, the
Government, the Prime Minister, the Supreme People's Court, and the Supreme People's Procuracy that
are inconsistent with the Constitution, laws and resolutions taken by the National Assembly. (Nghị quyết
quốc hội)

17. According to current law, during the time when the National Assembly is not in session, the
Prime Minister (thủ tướng) has the right to request the Standing Committee of the National
Assembly (Uỷ ban thường vụ quốc hội) to approve (phê chuẩn) the appointment (bổ nhiệm), relieve
from duty (miễn nhiệm) or remove (cách chức) the Deputy Prime Ministers, Ministers and Heads of
Ministerial-level agencies ( Phó thủ tướng, Bộ trưởng, Thủ trưởng cơ quan ngang bộ).
FALSE
According to Article 98 2013 Constitution, The Prime Minister has the power to submit to the National
Assembly for approval proposals on the appointment, relief from duty or dismissal of Deputy
Prime Ministers, Ministers or other members of the Government; to appoint, relieve from duty or
dismiss Deputy Ministers or officials of equal rank of ministries or ministerial-level agencies; to
approve the election and relief from duty, and to decide on the transfer or dismissal of
Chairpersons and Vice Chairpersons of the People’s Committees of provinces or centrally run
cities
18. According to the current law, all resolutions (nghị quyết) of the National Assembly must be
approved (tán thành) by more than half of the total deputies (đại biểu) of National Assembly
FALSE
According to Article 85 2013 Constitution, laws and resolutions of the National Assembly must be
approved by the majority of its members; the drafting or amendment of the Constitution and decisions on
extending and reducing its tenure and revoking one of its members must be approved by at least two-
thirds of its total membership.

19. The Standing Committee of the National Assembly (Uỷ ban thường vụ quốc hội) is a specialized
agency (cơ quan chuyên môn) of the National Assembly.
FLASE
According to Article 73, The National Assembly’s Standing Committee is a permanent Committee of the
NA

20. According to current law, the Standing Committee of the National Assembly only has the power
to suspend (đỉnh chỉ) the implementation (thi hành) of illegal documents of the Government but
does not have the power to annul (bãi bỏ = repeal) those documents
FALSE
According to Clause 4 Article 74 2013 Constitution, the Standing Committee of the NA has duties and
power to suspend the execution of the formal written orders of the Government, the Prime Minister, the
Supreme People's Court, the Supreme People's Procuracy that contravene the Constitution, the law, the
resolutions of the National Assembly; to report the matter to the National Assembly for it to decide on the
abrogation of such orders in its next session; to repeal the written orders of the Government, Prime
Minister, the Supreme People's Court, the Supreme People's Procuracy that contravene the decree-laws
and resolutions of the Standing Committee

21. According to the current law, if a member of the National Assembly is examined for penal
liability, he/she will automatically lose his/her delegate rights.

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22. According to the current law, all National Assembly deputies are pluralists (hoạt động kiêm
nhiệm)

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23. According to current law, the President has the right of veto (phủ quyết) on a law which was
passed by the National Assembly.

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24. According to current law, the President has the power to appoint (bổ nhiệm), relieve from duty
(miễn nhiệm) or remove (cách chức) judges of the Supreme People's Court (Thẩm phán của Tòa
án nhân dân tối cao) at the proposal (đề nghị) of the Chief Justice (Chánh án) of the Supreme
People's Court

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25. According to current law, the President must announce all ordinances (pháp lệnh) of the
Standing Committee of the National Assembly (Uỷ ban Thường vụ Quốc hội) within 10 days from
the date of enactment (ban hành) .

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26. All Constitutions in the constitutional history (lịch sử lập hiến) of Vietnam stipulate(quy định)
the age of candidates for the Presidential position and provide that the President must be a member
of the National Assembly
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27. According to the current law, the President has the right to attend meetings of the Government
only when it comes necessary.

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28. According to the current law, members of the Government are the Prime Minister, Deputy
Prime Ministers, Ministers and Heads of government-attached agencies.

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29. According to current law, the Government is established by the National Assembly.

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30. According to current law, the Government is responsible to the National Assembly, the
Standing Committee of the National Assembly and the President.
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31. According to the current law, the Prime Minister has the power to suspend the implementation
and annul illegal documents of the People's Council of the provinces.

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32. In accordance with current law, the Prime Minister has the power to appoint, relieve from duty
and dismiss members of the People's Committee of the province.

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33. According to current law, the Chief Justice of the People's Court may be removed by the
People's Council at the same level.

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34. According to current law, the People's Procuracies shall exercise the power to prosecute and
generally supervise.
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35. According to current law, the Procurator General of the People's Procuracy may be voted of no
confidence by the People's Council at the same level.

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36. According to the Constitution of 2013, the Court system includes: Supreme People's Court,
Provincial People's Courts, District People's Courts and Military Courts.

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37. According to the Constitution of 2013, the Procuracy system includes: Supreme People's
Procuracy, Provincial People's Procuracies, District People's Procuracies and Military Procuracies.

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38. All the Constitutions of Vietnam provide the establishment of the People's Procuracy system.
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39. According to current law, members of the Standing Committee of the People's Council must
work full-time.

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40. According to current law, the Standing Committee of the People's Council has the power to
annul legal documents of the People's Committee at the same level.

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41. According to current law, all resolutions of the People's Council must be approved by more
than half of the total number of members of the People's Council.

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42. According to the Law on Organization of Local Government of 2015, the People's Council has
the right to vote of no confidence against the Chief Justice of the People's Court and the Procurator
General of the People's Procuracy at the same level.
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43. According to the current law, the People's Council deputies have the right to interpellate only
those holding positions elected by the People's Council.

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44. According to current law, the Chairman of the People's Committee has to be a member of the
People's Council at the same level.

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45. In accordance with current law, the President of the People's Committee has the right to
suspend the implementation and annul illegal documents of the People's Council at the immediate
lower level.

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46. According to current law, members of the Standing Committee of the Provincial People's
Council only include: Chairman of the People's Council, two Vice Presidents of the People's
Council and Members who are Heads of the committees of the People's Council.

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47. According to current law, members of the Standing Committee of the Commune-level People's
Council include: Chairman of the People's Council, a Vice-Chairmans of the People's Council and
Members who are Heads of the committee of the People's Council.

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48. According to current law, the Head and Deputy Heads of the committee of the provincial and
district People's Councils are full-time delegates of the People's Councils.

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49. According to current law, the Heads and Deputy Heads of the committee of the commune-level
People's Council are full-time delegates of the People's Council.

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50, According to current law, the results of the establishment of the President, the Vice President
and Members of the provincial People's Committee must be approved by the Prime Minister. The
results of establishment of the President, the Vice President and Members of the district and
commune-level People's Committees must be approved by the Presidents of the People's
Committees at the immediate superior level.

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51. According to current law, members of the People's Committees at all levels include the
President, Vice President and Members who are Heads of specialized agencies of the People's
Committees, Member who is in charge of military affairs, and Member who is in charge of public
security.

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52. The Law on Organization of Local Government of 2015 provides that the number of Vice
Presidents of the Provincial People's Committee is 03 people .

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53. All Vietnamese Constitutions provide the principles of voting: universal, equal, direct and secret
suffrage.
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54. According to the current law, the National Election Council is the permanent body of the
National Assembly.

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55. According to current law, all the heads of specialized agencies of the People's Committee are
Members of the People's Committee

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56. According to current law, the Chief Justice of the Supreme People's Court must be a member of
the National Assembly.
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B. ADVANCED QUESTION
1. Analyze the supremacy of the Constitution in the legal system and social life, Why is the
Constitution considered as a supreme law?
- The supremacy of the Constitution in the legal system and social life was clarify through main
characteristics that distinguish it from other law:
+ Constitution is passed directly by a special subject - the People, by referendum or by the
People’s highest representatives organ through a special order and procedure
+ Constitution is the only legal normative document that regulates the organization and
exercise of all state powers, including the legislative, executive, and judicial power of
central as well as local government
+ Constitution has a widest governing scope but the level of governing is only in general
compared to other legal normative documents
+ The Constitution has the highest legal effect. All other legal normative documents must
be consistent with the constitution
- The constitution is considered as a supreme law because a constitution is the fundamental
“ground” for the entire legal system of a country. All state bodies, including the highest
representative body of the People or the highest organ of state power which has passed the
constitution, issue other legal documents based on and in order to enforce those constitutional
provisions. All other legal normative documents must be in accordance with the constitution, not
contrary to the constitution, otherwise implementation of that document will be suspended or
annulled (thus the constitution is also known as the “original act”, or the “mother law”)
Constitution has the highest legal effect in whole country and all its territories. All state bodies,
political organizations, social organizations, armed forces units and all individuals have to
comply with the constitution.

2. Many constitutions in the world provide that a constitution must be approved by a referendum
or a Constitutional Assembly. Explain this regulation and represent your idea.
The Constitution is passed directly by a special subject - the People, by referendum or by the People’s
highest representatives organ through a special order and procedure. For instance, the Constitutions of
the France (1958), Constitutions of the Russian Federation (1993), Constitutions of the of the Republic of
Korea (1987), Constitutions of the Philippines (1987), Constitutions of the Albania (1998), etc. passed by
a referendum; The United States Constitution of 1787 was drafted by the Constitutional Conference of
representatives who represented the 13 states of the United States and entered into force in 1789 after
being ratified by three-quarters of the total states; The Constitution of Vietnam is approved by the
National Assembly - the highest representative body of the People and the highest organ of state power,
when at least two-third of the total number of National Assembly deputies vote for it (to pass a regular
law, National Assembly only need favor of more than half of the total number of its deputies). In my
opinion, this helps create a constitution which has the consensus of the majority, reasonable , suitable for
most of the citizens and avoids controversy.

3. Present the fundamental differences in the procedure for amending (thủ tục sửa đổi hiến pháp)
the Constitution provided in the Constitution of 1946 and the Constitution of 2013. What do you
think about this procedure?
According to Article 70 Constitution of 1946: The articles to be changed after approval by the National
Assembly must be submitted to a national referendum. While according to Article 120 Constitution of
1992: The referendum on the Constitution shall be decided by The National Assembly. So in the
Constitution of 1946, referendum is a required condition and in the Constitution of 1992, referendum is
The National Assembly's option. In my opinion, referendum which depends on the NA, helps saving time
and effort; entire number of NA representatives are elected to become the representative of the citizen, so
that they can decide without referendum

4. How did the circumstances of the birth of the Constitution of 1946 affect the legal relationship
between the President and the People's Parliament as stipulated in this Constitution?

5. Present and analyze new fundamental contents of the Constitution of 2013 compared to the
Constitution of 1992 (as amended 2001) 20-TV 30-TA

6. What are the differences in terms of regulations of the leadership of the Communist Party
between the Constitutions in the constitutional history of Vietnam? Explain why those regulations
are different?

7. Present and analyze the contents showing the leadership of the Communist Party in the political
system of Vietnam and explain why it is said that the Party's leadership in the political system is
directional?

8. Analyze the position and role of the Vietnam Fatherland Front and its member organizations in
the political system of our country. Why is it necessary to promote the role of social criticism of the
Vietnam Fatherland Front today?
9. The globalization has changed the perception of Vietnamese constitutional writers on human
rights issues.

10. Compare "The civil rights and obligations are provided for by the Constitution and by law"
(Article 51 Constitution of 1992) to "Human rights and citizens' rights may not be limited unless
prescribed by a law solely in case of necessity for reasons of national defense, national security,
social order and safety, social morality and community well being" (Article 14.2 Constitution of
2013)

11. Present and analyze the meaning of the new fundamental points in the Chapter Human rights,
fundamental rights and obligations of citizens" in the Constitution of 2013 compared to the chapter
"Fundamental rights and obligations of citizens" in the Constitution of 1992

12. What is Election Negotiation? Present your thoughts about this activity.

13. Present the method of determining the election results in accordance with the current law and
give your comments on this issue.
14. By the provisions of current law, demonstrate the delegation and coordination among state
agencies in the exercise of legislative, executive and judicial powers.

15. Explain why the regulation of vote of no confidence in Resolution No. 51/2001/QH10 is
considered as helping the National Assembly be more proactive in handling the positions elected or
approved by the National Assembly? Please suggest a solution to make the vote of no confidence in
the National Assembly more feasible.

16. Present the legal relationship between the National Assembly and the Government, the Supreme
People's Court, the Supreme People's Procuracy respectively. Present your thoughts on the position
of the National Assembly in our state apparatus?

17. Present the fundamental differences between the Standing Committee of the National Assembly
as provided for by the Constitution of 2013 and the State Council as provided for by the
Constitution of 1980?

18. Present the fundamental differences between the President as provided for by the Constitution
of 2013 and the President as provided for by the Constitution of 1946. Explain the differences.

19. Present the fundamental legal relationship between the President and the National Assembly,
the National Assembly Standing Committee, the Government, the Supreme People's Court, the
Supreme People's Procuracy respectively in accordance with the provisions of current law.

20. Compare the legal nature of the Council of Ministers as provided for by the Constitution of
1980 to the Government as provided for by the current Constitution and explain the difference (if
any)

21. Compare the legal status of the Prime Minister as provided for by current Constitution to the
Chairman of the Council of Ministers as provided for by the Constitution of 1980 Explain the
differences.

22. Please state and analyze the meaning of new contents in Chapter "Government" in the
Constitution of 2013 compared to the 1992 Constitution.

23, By the regulations of current law, prove the independence in organization and operation of the
People's Courts at all levels. Why is it important to ensure the independence of this organ?

24. Present the orientation to innovate the model of the People's Court in our country

25. Present the orientation to innovate the People's Procuracy in our country

26. Analyze the functions of the People's Procuracy in accordance with current law. In 2001, how
did the function of the People's Procuracy change? Share your thoughts on this issue
27. Analyze the relationship between the People's Court, the People's Procuracy respectively and
the People's Council at the same level

28. Present the regulations of the Constitution of 1946 on the judiciary, Relate that with the Judicial
Reform Strategy in our country. Comment on the reasonableness of these regulations in the
Constitution of 1946

29. Present the amendments to the Constitution of 2013 in terms of the People's Court and the
People's Procuracy. Share your thoughts on these changes.

30. Prove that the People's Committees at all levels are organized and operated on the principle of
"double dependency". Why is the People's Committee organized and operated according to this
principle? Point out the current shortcomings in the operation of the People's Committee according
to this principle?

31. Give your opinion on the policy of merging the position of Secretary of the Party Committee
with the President of the People's Committee at the same level.

32. Present the basic legal relationship between the People's Council and the People's Committee,
the People's Court and the People's Procuracy of the same level respectively in accordance with
current law.

33. Present the organizational structure of the People's Councils according to the Law on
Organization of Local Government 2015.

34. Present the organizational structure of the People's Committee according to the Law on
Organization of Local Government 2015.

35. Present and analyze the meaning of new points in the Law on Organization of Local
Government of 2015 compared to the Law on Organization of People's Councils and People's
Committees in 2003.

36. Why the current law provides that the President of the People's Committee at a higher level has
the power to appoint, temporarily suspend the capacity or remove the Chairman of the immediate
lower People's Committee and the Vice Chairman of the People's Committee: assign the power of
the Chairman of the People's Committee in case of vacancy of the Chairman of the People's
Committee at the immediate lower level between two sessions of the People's Council.