Lesson 6: Vietnamese Constitutional Law

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 1. Definition: What is a Constitution?

The fundamental law, written or

unwritten, of a State that
establishes:
1.The extent and manner of the
exercise of its sovereign
powers
2.The character of a government
by defining the basic principles
to which a society must
conform
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 1. Definition: What is a Constitution?

3. The organization of the

government and regulation,
distribution, and limitations
on the functions of different
government departments;
4. Fundamental rights of the
people

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 1. Definition: What is a Constitution?

 Constitution is the foundation for

government in every society around
the world.
 It creates, empowers, and limits the
institutions that govern society
Constitution law goes hand in hand
with democracy
 Constitution is the supreme law of
any legal system. All laws
incompatible with the constitution
are invalid 4
 2. Legal effect of the Constitution

 In relation to all Vietnamese laws

and regulations:
Art. 119, 1992 Constitution,
amended in 2013:
The Constitution is the
fundamental law of the Socialist
Republic of Vietnam and has
supreme legal force. All other
legal documents must be
consistent with the Constitution 5
 2. Legal effect of the Constitution
 In relation to international treaties:
Article 3. Principles of conclusion,
accession to and implementation of treaties
The conclusion, accession to and
implementation of treaties must comply
with the following principles: …
2. Conformity with the provisions of the Home Ministerial Leaders’
Constitution of the Socialist Republic of Activities
Date 06/13/2015
Vietnam (Law on the Vice Minister Tran Tuan Anh
conclusion, accession to and receives Mexican
Ambassador to Vietnam
implementation of treaties 2005)
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 3. Development history of the Constitution

 1946 Constitution:
 After the August Revolution, adopted by
the General Assembly on 9/11/1946
 Establishes the Democratic Republic of
Vietnam, marking the beginning of
Vietnamese national independence
 1959 Constitution:
 When the country was divided north-south

 DRV a people's democratic state led by the

working class
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 3. Development history of the Constitution

 1980 Constitution:
 After reunification of north and south
Vietnam
 Establishes a socialist country, centralized
economy under the control of the state
 1992 Constitution:
 After the economic and political reform,
endorsed by the 6th National Congress of the
CP (1986)
 Acknowledges the transition from a
centralized economy to a “socialist-oriented
market economy 8
 3. Development history of the Constitution

 1992 Constitution, amended in 2013:

 Why the need for amendment?
• Policies difficult to be implemented or
ineffectively implemented
• Some new reforms proven to be effective but
constraint by the constitution
• New development policies and goals set out in
CPV’s Political Program for national
construction during the period of transition to
socialism (amended, developed in 2011) and
Socio-economic Development Strategy for the
period of 2001-2010 9
 4. Some important amendments
 Current: 11 chapters, 120 articles (compared to 12
chapters, 147 articles)
Retaining 7 arts, adding 12 new arts, amending 101
arts
 Chapter I joins 2 chapters Chapter I: the SRV the
political system” and Chap. XI: Theo national flag,
national emblem, national anthem, national capital
and national day”
 Chap. II amends, supplements and restructures
Chap. V: Basic rights and obligations of citizens,
renames to “Human rights, basic rights and
obligations of citizens
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 4. Some important amendments
 Chap. III joins Chap. II: The economic system
and Chap. III: Culture, education, science and
technology
 Chap. IV shortens previous name to “Defense of
homeland”
 Chap. VIII: People’s Court and Procuracy”
moved from Chap. X
 Chap. IX: The local government, changed from
“People’s Councils and People’s Committees”
 Supplements Chap. X: The National Council
of Election and the State Audit 11
 5. The political system

 Vietnam is a unitary state, with one

Constitution, one legal system,
divided into administrative units
 Vietnam is a socialist rule of law
State, under the direction of the CPV
 The nature of the State is that of the
people, by the people, for the people
 State powers are unified,
concentrated on the representatives
of the people and distributed to state
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 6. Human rights, rights and obligations of citizens

 Moved from Chapter V to Chapter II:

emphasis on ensuring human rights,
following the spirits of 1946 Constitution,
meeting international human rights
standards
 Human rights and citizen rights
 Human rights: natural rights of any
individuals by virtue of being a human
 Citizen rights: the enjoyment of the rights is
connected with nationality, with the
relationship between the citizens and the State
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 6. Human rights, rights and obligations of citizens
 The basic principles in human rights
protection:
 The State recognizes, respects and protects human
rights, including civil, political, economic, social and
cultural rights
 Human rights, citizen rights can only be limited in
accordance with the law in necessary circumstances
for reasons of national defense, national security,
social order and security, social morality, and the
health of the community
 Emphasis on the obligations of the State in relation
to individuals. Limits arbitrary restrictions on the
enjoyment of human rights 14
6. Human rights, rights and obligations of citizens

 Obligations of the State to

respect, protect and fulfil
human rights clearly provided
for(e.g. Art. 14, 17, 28)
 Limitations on the rights set out
for the 1st time Same-sex couples Le Thuy Linh (left) and
Tran Ngoc Diem Hang (second from left),

 Some new rights added ->

and Ho Hai Thinh (second from right) and
Pham Tien Dung (right), kiss during their

progress in the protection and public wedding as part of a lesbian, gay,

bisexual, and transgender (LGBT) event on a

development of rights street in Hanoi October 27, 2013.

© 2013 Reuters
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 6. Human rights, rights and obligations of citizens

 A citizen of a State is the person

holding the nationality of that
particular State
 Citizens’ rights are inseparable
from citizens’ duties
 A citizen will be:
 Under the jurisdiction of the State Ministry of Justice Promoting

whose nationality he/she carries comprehensive cooperation between

Vietnam and the United States

 Enjoys the protection of the State

even outside the State 16
 7. Economic policy

 The Vietnamese economy is a

socialist-oriented market economy
 Market economy:
 Market-based, multi-sectors, all economic
sectors are equal before the law and
compete in accordance with the law
Some provisions in the amended law
 Private enterprises, private possessions protect workers in “legal” strikes from
are protected reprisals such as termination of
workers' contracts
 Business by entrepreneurs, enterprises
and individuals are encouraged and
facilitated
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 7. Economic policy
 Socialist-oriented:
 State economic sector plays the
leading role
 The State still plays a key role in the
economy: constructs and perfects
economic institutions, coordinates
the economy, exercises
distribution, decentralization
Economics and Business (VNU-UEB);
 Ensures that economic development supported by Vietnam National University,
goes hand in hand with meeting Hanoi, and implemented by Vietnam Institute
for Economic and Policy
social demands, protecting
people’s welfare, preserving and
developing the culture 18
 8. Structure of the Vietnamese political system
 Categorization of the
Vietnamese political system:
 The Communist Party is the
leading force of the State and
society
 The legislative body: National
Assembly and People’s Council
 The executive body: the
Government, People’s Committee
 The judiciary: the People’s Court
and People’s Procuracy 19
 9. National Assembly
 The highest representative organ of the
people and the highest organ of State power
 Has 15 duties and powers, among which the
most important are:
 To make and amend the Constitution; to
make and amend laws
 Supervise the work of central institutions

 To decide on policies

 To elect, release from duty, remove from

office central institutions
 Has a term of 5 years, holds 2 sessions/year

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 9. National Assembly
 The National Assembly comprises of
the Standing Committee, the Council
of Nationalities and the Committees
 Standing Committee is its
permanent Committee, composed of
the Chairman of the National
Assembly, the Vice-Chairmen of the
National Assembly, and the
members
 Duties and powers as set out under
Art. 74 of Constitution

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 9. National Assembly

 The Chairman of the

National Assembly
presides over its sessions;
authenticates through his
signature the Constitution,
laws and resolutions of the
NA
 The Vice-Chairmen assist
the Chairman in the
fulfilment of his duties 22
 9. National Assembly
 The deputy to/representative of the
National Assembly
 represents the will and aspirations
of the people of his constituency
 has the right to interpellate the
State President, the Chairman of
the National Assembly, the Prime
Minister, Cabinet Ministers and
other members of the Government,
the President of the Supreme
People's Court, and the Head of the
Supreme People's Procuracy, and
Head of the State Audit
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 10. State President
 Head of State and represents
the Socialist Republic of
Vietnam internally and
externally
 elected by the National
Assembly from among its
members, term of office follows
National Assembly’s
 Assisted by Vice-President,
National Defence and Security
Council, Office of the President
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 10. State President

 Duties and powers as set out under

Art. 88, most important are:
 promulgate the Constitution, laws and
ordinances
 propose to the National Assembly to
elect, release from duty, remove from
office the Vice-President of the State
and the Prime Minister, President of
the Supreme People’s Court and the
Head of the Supreme People’s
Procuracy 25
 10. State President
 appoint, release from duty or
dismiss Deputy Prime
Ministers, Ministers and other
members of the Government
and other positions, on the
basis of resolution of NA
 have overall command of the
armed forces and hold the
office of Chairman of the
National Defence and Security
Council
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 11. The Government
 Executive organ of the NA, exercises
the executive power, and is the highest
organ of State administration
 Accountable to the NA, reports to the
NA, its Standing Committee, and the
State President
 Composed of the Prime Minister, the
Deputy Prime Ministers, the Ministers,
and heads of organs of ministerial rank
 Duties and powers as set out under Art.
96
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 11. The Government
 Prime Minister
 head of the Government,
accountable before the
National Assembly on the
activities of the Government
and assigned duties
 elected by the National
Assembly among its members

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 11. The Government

 Deputy Prime Ministers assist

and are accountable to PM
 Ministers and Heads of organs
of ministerial ranks are
personally accountable to the
Prime Minister, the
Government, and the National
Assembly on their respective
fields and branches, report to
the Government and PM
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 12. People’s Courts
 Judicial organ, exercising the judicial
power, comprise of the Supreme
People's Court and other courts
established by law
 Supreme People's Court:
 highest judicial organ
 supervises and directs the judicial work of
other courts
 President of the Supreme People's Court
responsible and makes reports to the
National Assembly
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 13. People's Procuracies
 Exercise the power to prosecution and
control judicial activities, comprise the
Supreme People’s Procuracy and other
procuracies provided by the law.
 Responsible for the protection of law,
human rights, citizen’s rights, socialist
regime, interests of the State, and legal
rights and interests of organizations and
individuals
 Head of the Supreme People's Procuracy is
responsible and makes his reports to the
National Assembly 31
 14. The local government
 Administrative units of Vietnam:
 Province, City under direct central rule
province is divided into districts, provincial
cities, and towns
city under direct central rule is divided into
urban districts, districts, towns, and units of
similar level
District is divided into communes and
townships
provincial city and the town are divided
into wards and communes
urban district is divided into wards
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 14. The local government

 Local governments are organized in

administrative, consist of People’s
Council and People’s Committee
 People's Council:
 local organ of State power;
represents the will, aspirations of the
people; elected by the local people and
accountable to them and to the
superior State organs
 decide on local issues provided by the
law; supervise the conformity to the
constitution and the laws at local area 33
 14. The local government
 People's Committee:
 elected by the People's Council is the
latter's executive organ, the organ of
local State administration, and
responsible to the People’s Council and
superior state organs
 implement the Constitution and the laws
at local area, to organize the
implementation of the resolutions of the
People's Council and to exercise duties
assigned by the superior state organs

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35
Question : Summarize and discuss the new basic provisions of the
2013 Constitution

1. What is a Constitution?
a.The fundamental law, written or unwritten, of a State
b. Un important organization of a State
c. The power of a Nation.
2. Fundamental right of the people is established by Constitution
a. True
b. Fall
3. All laws incompatible with Constitution is invalid
a. True
b. Fall
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4. In Vietnam, the 2013 Constitution reflects
a.New development policies and goals set up in CPV’s political
Program
b.Stable policies and goals set up in CPV’s political Program
c.A difficult period of Vietnamese reform

5. In Vietnam, the 2013 Constitution

a. emphasis on ensuring human rights and citizen rights
b. determines human rights and citizen rights
c. modify human rights and citizen rights

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6. The Vietnamese economy is a socialist-oriented market economy
in which
a. The State still plays a key role
b. Private economic sector plays the leading role
c. State economic sector will disappear

7. The Vietnamese political system is constituted by

a. The Communist Party, the legislative body, the executive body,
the Judiciary.
b. The Communist Party, the legislative body, the executive body.
the government departments
c. The government departments, the legislative body, the executive
body, the Judiciary.
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Questions for Mid-term
1. How was the Legal system of Vietnam formed?
2. How did socio-economic conditions affect legal system?
3. How did International cooperation influence the legal reform?

4. Present the various theories of the origin of state.

5. What are the sources of law?

6. Definitions of State.
7. What are the types of government?
8. What are the functions of law?

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