Introduction to Vietnamese

Legal System
Week 2 – Constitutional Law
Content

1. History

2. Vietnam Constitution 2013: Nature & Basic principles

3. Organization of state power of Vietnam

1. History
About the Constitution

- The HIGHEST legal document in the Vietnam’s legal

system

- The MOST IMPORTANT political-legal document after

Communist Party’s Credo : the core law regulating
fundamental issues of the state

- The version in effect: Constitution 2013 – inherited and

developed from previous versions (1946; 1959; 1980 and
1992) to institutionalize Party’s Credo on the building of
the country in the transitional period to socialism
The History
• Constitution 1946:

• 1945: Vietnam independence proclaimed >>> the Democratic Republic of

Vietnam: need a DEMOCRATIC constitution

• Basic principles:

1. UNITE all people –non-discrimination of race, sex, class, religion

2. Ensuring DEMOCRATIC FREEDOM
3. Implementing STRONG & CONSCIOUS People’s Government
 The History
• Constitution 1959:

• 1946-1959: various significant political events CHANGING the political, social and economic
situation of the country
• War against French
• Winning the war >>> Rebuilding (just the North while the country was split into two parts)
• Mission: (1) constructing Socialism in the North & (2) fight to UNIFY the country

1. REAFFIRM Vietnam is a UNIFIED country from Lang Son to Ca Mau

2. Reaffirm valuable traditions of Vietnam
3. Acknowledge the LEADERSHIP ROLE of the Labour Party of Vietnam (Communist Party of
Vietnam) – determining nature of the state: People’s democratic state based on the agrarian
alliance (working class + peasant class) led by the working class
 The History
• Constitution 1980:

• Events of 1975?
• >>> a new period in Vietnam’s history: UNIFICATION

• Basic contents:

1. Acknowledge great victories in the Revolution 1945; the war against French; the war
against American
2. Regulating fundamental nation
Independence
rights based on 4Unification
Sovereignty
elements: Territorial integrity
 The History
• Constitution 1992:

• Why needed? – many regulations of Constitution 1980 NOT SUITABLE with social and
economical condition of the country;

• The practical situation required an updated Constitution that is suitable to promote

development of society and build a better life for the People.

• Events of 1986? – RENOVATION PERIOD

The STATE of the People,
DICTATORSHIP by the People, for the
PROLETARIAT People
 2. Vietnam Constitution
2013:
Nature & Basic principles
About Constitution 2013
• Ratified 28/11/2013 – Effect 01/1/2014

g of
The changin
• Why needed? Internationa
l
• Constitution 1992 >>> the need of Constitution 2013? Context

*** Inherited great values from previous versions

+
institutionalize perspectives, orientation, contents of Party’s Credo on the
new context/situation of the country
Nature of the Constitution 2013
- 11 Chapters; 120 Articles
- A decrease of 1 Chapter and 27 Articles compared to the 1992 version

- Showing:

1. Deep & comprehensive synchronized innovation on both politics & economics

2. Building of Socialist Rule-of-law state of the People, by the People and for the
People led by the Communist Party

3. Human rights
Constitution 2013 – Basic principles

• Political regime: Socialist Rule-of-law State

>>> Reaffirming the Socialist Republic of

Vietnam is an independent, unified country
that has sovereignty and territorial integrity,
including land, islands, sea and air (Art.1)
Constitution 2013 – Basic principles

• Political regime: Socialist Rule-of-law State

• State power is unified, assigned, coordinated, and controlled among state

organs in the implementation of legislative, executive and judicial rights

• Citizens implement state power by direct and representative democracy

measures via National Assembly, People’s Council & other state organs

• Members of Communist Party act within the framework of Constitution and

the Law – Party is responsible before the People for its decisions
Constitution 2013 – Basic principles
• Human rights, basic rights & obligations of citizens:

• In Vietnam, human rights – civil, political, economical, cultural and social rights are
acknowledged, respected, protected, ensured by Constitution and Law
• Human rights are ONLY RESTRICTED in accordance to the law in cases necessary for national
defense, security, social order-morality, and community health

• *** Human rights are NOT separated from human (citizen) obligations – everyone
shall respect others’ rights; a citizen has the RESPONSIBILITY with State and society

• *** IMPLEMENTATION of human rights must NOT violate national interests &
legitimate rights and interests of others
 Constitution 2013 – Basic principles

• Economy, society, culture, education, science, technology & environment:

About Economy:

• Entities of all economic sectors: equality – cooperation – competition in accordance

to the law

• Enterprises of all economic sectors must operate under economy market –

eliminate monopoly & mechanisms/policies that create inequality
 Constitution 2013 – Basic principles

• Economy, society, culture, education, science, technology & environment:

About Society, culture, education, science, technology & environment:

• Policies on: employment, medical, social, culture, education, science & technology,
protection of environment

>>> Showing generally and in principles – other issues and specific policies will be
governed by the law
Constitution 2013 – Basic principles

• Protecting the country:

• Important mandate of all (Party, citizens, military and all political system)

• Must be implemented in all sectors (political, economical, cultural, defense,

security, and foreign relations)
3. Organization of state
power of Vietnam
The structure

SOCIALIST DEMOCRATIC
LEGALITY CENTRALISM
Socialist
political-legal
Model
Core organizational
principles

Freedom of
discussion – Unity
* Party leads, state manages, people
owns of action
COLLECTIVE
* Unifying relationships among (1) MASTERY
Communist Party, (2) State, (3) Citizens

* Collective values > individual’s ones

The structure
 National Assembly

• Is the state organ that implements

legislative rights (Art.69)

• Has supreme monitoring right over the

operation of the State

** The highest representing organ of the

People

** The highest state organ of the Vietnam

National Assembly
• National Assembly deputies:

Representatives of the WILL of the People in his/her election unit & People of the whole country
>>> Is responsible for performing delegation tasks

• National Assembly committees:

1. Committee on Laws
2. Committee on Judicial affairs National
3. Committee on Economic affairs Assembly’s
4. Committee on Financial and Budgetary affairs Standing
5. Committee on National Defense and Security
Committee
6. Committee on Culture, Education, Adolescents, and Children
7. Committee on Social affairs
8. Committee on Science, Technology and Environment
9. Committee on Foreign affairs
 • Is the state organ that implements
Government executive rights (Art.94)

*** the executive body of the

National Assembly >>> the highest
state administrative and executive
organ
 GOVERNMENT

Ministry of Ministry of
Ministry of Ministry of Finance
Foreign Affairs Education &
Defense
Training

Ministry of Ministry of Science Ministry of

Public Security & Technology Information and
Communication

Ministry of Planning Ministry of

& Investment VOV
Construction Vietnam News
Agency

HCM National Academy of Politics

Government

(Art.98): Clarify the competence of the Prime Minister in directing & managing
activities of the Government
- Leads & be Responsible for the operation of the state’s Central and Local
administrative system

Clarify the relationship between (1) the Government, (2) Prime Minister and (3)
other members of the Government
- Requires each member of the Gov. bear individual responsibility on his/her
assigned tasks
** together with all other members for collective responsibility for the operation
of the Government.
State President
In relation with the National
Assembly:
- Competence to announce - Based on NA’s resolutions,
the Constitution, Laws
and Ordinances
- Propose the National
Assembly’s Standing
Committee to reconsider
Ordinances
In relation with the
Government:
- Propose the National
Assembly to elect, remove,
dismiss Prime Minister In relation with People’s Court
& People’s Procuracy:
to appoint, remove, dismiss - Propose NA to elect,
Deputy Prime Minister, remove, dismiss the Chief
Ministers, etc. Judge, Chairman of the
Supreme People’s
- Competence to attend
Procuracy
Government’s meetings
- Based on NA’s resolution,
- Ask the Government to
appoint, remove or dismiss
discuss issues that State Judges of the Supreme
President considers People’s Court…
necessary
People’s Court & People’s Procuracy

• People’s Court: state organ that implements judicial rights (Art.102)

• Responsible to protect justice, human rights, citizen rights, socialist regime,
national interests, legitimate rights and interests of individuals &
organizations

• People’s Procuracy: state organ that (1) implements prosecuting

rights and (2) control judicial activities (Art.107)
 Local Governments

• Limitation of Constitution 1992:

• Not determining CLEARLY which organ(s) is/are local government:
People’s Committee? People’s Council? People’s Court? People’s Procuracy?

• The REAL local government: (1) People’s Committee & (2) People’s Council

>>> Consequences for not making this clear?

• Constitution 2013:
• “Local government INCLUDES local People’s Committee & local People’s Council”
Next week
• Constitutional Law (cont.)