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Constitution

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1992 Constitution

Chapter One: The Socialist Republic of Vietnam, the Political Regime
Article 1
The Socialist Republic of Vietnam is an independent and sovereign country enjoying
unity and territorial integrit y, including its mainland, Island s territorial waters and air
space.
Article 2
The Socialist Republic of Vietnam is a Stat e of the people, from the people, for the
people. All State power belongs to the people and is based on an alliance between the
working class, the peasantry, and the intelligentsia.
Article 3
The State guarantees and unceasingly promotes the people’s mastery in all fields, and
severely punishes all acts vi olating the interests of the motherland and the people; it
strives to build a rich and strong country in which social justice prevails, and men have
enough to eat and to wear, enjoy freedom, happiness, and all necessary conditions for
complete development.
Article 4
The Communist Party of Vietnam, the vanguard of the Vietnamese working class, the
faithful representative of the rights and interest s of the working class, the toiling people,
and the whole nation, acting upon the Marxist-Leninist doctrine and Ho Chi Minh’s
thought, is the force leading the State and society.
All Party organisations operate within the framework of the Constitution and the law.
Article 5
The Socialist Republic of Vietnam is the uni fied State of all nationalities living on the
territory of Vietnam.
The State carries out a policy of equality, solidarity and mutual assistance among all
nationalities, and forbids all acts of national discrimination and division.
Every nationality has the right to use its own language and system of writing, to preserve
its national identity, and to promote its fine customs, habits, traditions and culture.
The State carries out a policy of comprehens ive development and gradually raises the
material and spiritual living conditi ons of the national minorities.

Article 6
The people make use of State power through the agency of the National Assembly and
the People’s Councils, which represent the will and aspirations of the people, are elected
by them and responsible to them.
Democratic centralism is the principle govern ing the organisation and activity of the
National Assembly, the People’s Counc ils, and all other State organs.
Article 7
Elections to the National Assembly and the Pe ople’s Councils are held in accordance with
the principles of universal, equal, ‘direct, and secret suffrage.
A member of the National Assembly shall be removed from office by the electors or the
National Assembly, a member of a People’ s Council by the electors or the People’s
Council, when this member is no longer worthy of the confidence of the people.
Article 8
All State organs, cadres and employees must s how respect for the people, devotedly serve
them, maintain close links with them, listen to their opinions and submit themselves to
their control; all manifestations of bureaucrat ism, arrogance, arbitrariness and corruption
shall be vigorously opposed.
Article 9
The Vietnam Fatherland Front and its member organisations constitute the political base
of people’s power. The Front promotes the tr adition of national solidarity, strengthens the
people’s unity of mind in political and spirit ual matters, participates in the building and
consolidation of people’s power, works together with the State for the care and protection
of the people’s legitimate interests, encourag es the people to exercise their right to
mastery, ensures the strict observance of the Constitution and the law, and supervises the
activity of State organs, elected representa tives, and State officials and employees.
The State shall create favourable conditi ons for the effective functioning of the
Fatherland Front and its component organisations.
Article 10
The trade union, being the so cio-political organisation of the working class and the
toiling people, joins State organs, economi c and social bodies in looking after and
safeguarding the rights and interests of cadres, workers, employees and other labouring
people; it participates in Stat e administration and social ma nagement, in the control and
supervision of the ac tivity of State organs and ec onomic bodies; educates cadres,
workers, employees and other labouring peopl e to work well for national construction
and defence.

Article 11
The citizen exercises his right to mastery at the grassroots by participating in State and
social affairs; he is duty bound to help prot ect public property, legitimate civic rights and
interests, maintain national security and social order, and organise public life.
Article 12
The State exercises the administration of soci ety by means of the law; it shall unceasingly
strengthen socialist legality.
All State organs, economic and social bodies, units of the people’s armed forces, and all
citizens must seriously observe the Constitution and the law, strive to prevent and oppose
all criminal behaviour and all violati ons of the Constitution and the law.
All infringements of Slate interests, of the rights and legitimate interests of collectives
and individual citizens shall be dealt with in accordance with the law.
Article 13
The Vietnamese motherland is sacred and inviolable.
All machinations and acts directed agains t the independence, sovereignty, unity, and
territorial integrity of the mo therland, against the construction and defence of the socialist
Vietnamese motherland, shall be severely punished in accordance with the law.
Article 14
The Socialist Republic of Vietnam carries out a policy of peace and friendship, seeks to
expand its relations and cooperati on with all countries in the world regardless of political
and social regime on the basis of respect for each other’s independence, sovereignty and
territorial integrity, non-interference in each othe r’s internal affairs, equality, and mutual
interest; it seeks to strengthen solidarity, friendship and cooperation with the socialist
countries and neighbouring countries; it actively supports and participates in the common
struggle of the peoples of the world for peace, national independence, democracy and
social progress.
Chapter Two: Economic System
Article 15
The State promotes a multi-component commodity economy functioning in accordance
with market mechanisms under the manageme nt of the State and following a socialist
orientation. The multi-component economic stru cture with various forms of organisation
of production and trading is based on a syst em of ownership by the entire people, by
collectives, and by private individuals, of wh ich ownership by the entire people and by
collectives constitutes the foundation.

Article 16
The aim of the State’s economic policy is to make the people rich and the country strong,
satisfy to an ever greater exte nt the people’s material and sp iritual needs by releasing all
productive potential, developi ng all latent possibilities of all components of the economy
– the State sector, the collectiv e sector, the private individual sector, the private capitalist
sector, and the State capitalist sector in va rious forms – pushing on with the construction
of material and technical bases, broadeni ng economic, scientific, technical cooperation
and expanding intercourse with world markets.
Article 17
The land, forests, rivers and lakes, water supplies, wealth lying underground or coming
from the sea, the continental shelf and the air, the funds and property invested by the
State in enterprises and work s in all branches and fields – the economy, culture, society,
science, technology, external relations, national defence, security – and all other property
determined by law as belonging to the State, come under ownership by the entire people.
Article 18
The State manages all the land in accordance with the plan and the law, and guarantees
that its use shall conform to the set objectives and yield effective results.
The State shall entrust land to organisations a nd private individuals for stable and lasting
use.
These organisations and individuals are responsible for the protection, enrichment,
rational exploitation and economical use of the la nd; they may transfer the right to use the
land entrusted to them by the State, as determined by law.
Article 19
The State sector shall he consolidated and developed, especially in key branches and
areas, and play the leading ro le in the national economy.
The State-run enterprises enjoy autonomy in production and trading and shall guarantee
that production and trading are to yield effective results.
Article 20
The collective sector growing out of the pooling by citizens of funds and efforts for
cooperative production and trading shall be organised in various forms following the
principles of free consent, democracy, and mutual benefit.
The State shall create favourable conditi ons for consolidating and broadening the
cooperatives and allowing them to operate efficiently.

Article 21
In the private individual and private capitalist sectors people can adopt their own ways of
organising production and trading; they can se t up enterprises of unrestricted scope in
fields of activity which are benefici al to the country and the people.
Encouragement shall be given to the development of the family economy.
Article 22
Production and trading enterpri ses belonging to all components of the economy must
fulfil all their obligations to the State; they are equal before the law; their capital and
lawful property shall re ceive State protection.
Enterprises belonging to all components of th e economy can enter into joint venture and
partnership with individuals and economic organisations at home and abroad in
accordance with the provisions of the law.
Article 23
The lawful property of individuals and organisations shall not be nationalised.
In cases made absolutely necessary by reason of national defence, security and the
national interest, the State can make a forcible purchase of or can requisition pieces of
property of individuals or organisations agai nst compensation, taking into account current
market prices.
The formalities of the forcible purchase or requisition shall be determined by law.
Article 24
The State manages and expands external ec onomic relations, promotes economic ties of
all kinds with all nations and all international organisations on the basis of the principles
of respect for each other’s independence and sovereignty, mutual advantage, and aiming
at the protection and stimula tion of domestic production.
Article 25
The State encourages foreign organisations and individuals to invest funds and
technologies in Vietnam in conformity with Vietnamese law and international law and
usage; it guarantees the right to lawful ownership of funds, property and other interests
by foreign organisations and i ndividuals. Enterprises with foreign investments shall not
be nationalised.
The State creates favourable conditions for Viet namese residing abroad to invest in the
country.

Article 26
The State manages the national economy by mean s of laws, plans and policies; it makes a
division of responsibilities and devolves author ity to various departments and levels of
the administration; the intere sts of individuals and collectives are brought into harmony
with those of the State.
Article27
The State shall practise economy in all its econo mic, social and managerial activities.
Article 28
All illegal production and trading activities, all acts wreck ing the national economy and
damaging the interests of the State, the righ ts and lawful interests of collectives and
individual citizens shall be dealt with severely and equitably by the law.
The State shall enact policies protecting the rights and interests of the producers and the
consumers.
Article 29
State organs, units of the armed forces, econom ic and social bodies, and all individuals
must abide by State regulations on the rational use of natural wealth and on
environmental protection.
All acts likely to bring about exhaustion of natural wealth and to cause damage to the
environment are strictly forbidden.
Chapter Three: Culture, Educa tion, Science, and Technology
Article 30
The State and society seek to preserve and develop Vietnamese culture, which shall be
national, modern, and humanistic; it shall inhe rit and promote the values of the cultures
of all nationalities in Vietnam, the t hought, morality and style of Ho Chi Minh, the
quintessence of human culture; all creative ta lent among the people shall be developed to
the full.
The State undertakes the overall administra tion of cultural activities. The propagation of
all reactionary and depraved thought and culture is forbidde n; superstitions and harmful
customs are to be eliminated.
Article 31
The State shall create favourable conditions for the citizens to develop all-sidedly; it shall
undertake civic education and urge people to live and work in accordance with the
Constitution and the law, to set up families that are cultured and happy, marked by

patriotism, love of socialism, a genuinely internationalist spirit, friendship and
cooperation with all nations in the world.
Article 32
Literature and art contribute to fostering the personality of and nurturing spiritual nobility
and beauty in the Vietnamese man.
The State shall make investments for the prom otion of culture, literature and art; it shall
create favourable conditions for the people’s en joyment of valuable literary and artistic
works; it shall give its patronage to crea tive talent in literature and the arts.
The State shall promote diversity in literary and artistic activity; it shall give
encouragement to mass litera ry and artistic activities.
Article 33
The State shall promote information wor k, the press, radio, television, cinema,
publishing, libraries and other means of mass communication. Sha ll be strictly banned all
activities in the fields of culture and informa tion that are detrimental to national interests,
and destructive of the pers onality, morals, and fine lifeway of the Vietnamese.
Article 34
The State and society seek to preserve and de velop the national cultural heritage; they
take good care of preservation and museum work; they look after the repair and
maintenance of, and seek to obtain the best e ffects from, historical vestiges, revolutionary
relics, items of the national heritage, artistic works, and places with beautiful scenery.
All acts in infringing historical vestiges, revolutionary relics, art works and places with
beautiful scenery are strictly forbidden.
Article 35
Education and training are top-priority policies.
The State develops educationa l work with a view to heightening the people’s spirit,
training manpower, and fostering talent.
The aim of education is to form and nurture the personality, moral qualities, and abilities
of the citizen; to train working people and equip them with skills, to imbue them with
dynamism and creativeness, national pride, good morality, and the will to strive for
national prosperity, so as to meet the need to build and defend the country.
Article 36
The State undertakes the overall management of the national system of education with
regard to the objectives, contents, plans, the standards required of teachers, the

regulations governing examinations and competitions and the system of diplomas and
certificates.
The State shall ensure the ha rmonious development of the ed ucational system: pre-school
education, general education, vocational traini ng, college and post-graduate education; it
shall enforce the generalisation of primary edu cation, eliminate illiteracy; it shall develop
various educational institutions: State-run schools, people-run schools, and others.
The State gives priority investment to educat ion and encouragement to other investors.
Priority investment is reserved for educational work in the high- lands, in regions
inhabited by national minorities and in regions encountering special difficulties.
Mass organisations, first of all the Ho Chi Minh Communist Youth Union, social
organisations, economic bodies, the family and the school all bear responsibility for the
education of the youth, t eenagers and children.
Article 37
Science and technology play a key role in th e country’s socio-economic development.
The State works out and implements a national policy on science and technology; strives
to build an advanced science and technology; sees to a well-coordinated development of
all scientific branches with the aim of laying a scientific groundwork for the enactment of
lines, policies and laws, renova ting technologies, promoting productive forces, upgrading
managerial skills, ensuring proper standards and rate of economic development, and
contributing to national defence and security.
Article 38
The State makes investment in and gives fina ncial assistance to science through various
channels, priority being reserved for vanguard sciences and technologies. It looks after
the training and rational use of scientific and technical cadres particularly highly-
qualified ones, skilled workers and artisans; it strives to create favourable conditions for
creative work by scientists; devises many forms of organisation and activity for
researchers, ties scientific research to the requirements of socio-economic development,
ensures good coordination betw een scientific research and training on the one hand and
production and trading on the other.
Article 39
The State makes investment in, ensures th e development of, and exercises unified
management over the protection of the people’s health; it mobilises and organises all
social forces in the building and development of Vietnamese medicine following a far-
sighted orientation; preventi on shall be combined with tr eatment, traditional medicine
and pharmacology with modern medicine and pharmacology, State health services with

people’s health services; the State shall see to the organisation of health insurance and
create the necessary conditions for al l citizens to enjoy health care.
Priority is given to the programme of health care for highla nders and national minorities.
It is strictly forbidden to private organisations and individuals to disp ense medical
treatment, to produce and trade in medicamen ts illegally, thereby damaging the people’s
health.
Article 40
It is the responsibility of the State, society, the family and the citizen to ensure care and
protection for mothers and children; to carry into effect the population programme and
family planning.
Article 41
The State and society shall develop a system of physical culture and sports that is
national, scientific and popular.
The State exercises overall management for the development of physical culture and
sports; it shall esta blish a regime of compulsory physical culture in the school; it shall
give encouragement and assistance to vari ous forms of physical culture and sports
activity freely practised by the people; it shall create the necessary conditions for the
unceasing expansion of mass activ ity in physical culture and sports; it shall pay attention
to activities in professional sports an d to the fostering of sports talent.
Article 42
The State and society shall promote tourism; tourist activities shall be expanded at home
and internationally.
Article 43
The State shall expand interna tional intercourse and cooperation in the fields of culture,
information, literature, art, science, technol ogy, education, health care, physical culture
and sports.
Chapter Four: Defence of the Socialist Vietnamese Motherland
Article 44
The entire people shall endeavour to defend the socialist Vietnamese motherland and
ensure national security.

The State shall consolidate and strengthen national defence by the entire people and the
people’s security, the people’s armed forces be ing regarded as the core, and shall develop
to the full the aggregate stre ngth of the country to defend the national territory.
All State organs, economic bodies, social orga nisations and all citizens shall fulfil all
their national defence and security oblig ations as laid down by the law.
Article 45
All units of the people’s armed forces must show absolute loyalty to the motherland and
the people; their duty is to stand ready to fight to safeguard national independence and
sovereignty, the country’s unity and territorial integrity, national security and social order,
to safeguard the socialist regime and the fruits of the revolution, and to join the entire
people in national construction.
Article 46
The State shall build a revolutio nary people’s army which shall be a well-trained regular
army to be gradually modernised; it shall built up powerful reserves and self-defence
militia by combining national construction with national defence, the strength of the
people’s armed forces with that of the entire people, the strength of the traditional unity
against foreign aggression with that of the socialist regime.
Article 47
The State shall build a revolutio nary people’s police which shall be a well-trained regular
force to be gradually modernised; this polic e shall rely on the people and shall serve as
the core of a popular movement to safeguard na tional security and social order, political
stability and the citizen’s freedoms and democr atic rights, the lives and properly of the
people and socialist property; it shall seek to prevent all crimes and shall fight against
them.
Article 48
The State shall develop to the full the peopl e’s patriotism and revolutionary heroism,
educate the entire people in ma tters of national defence and security, enact a regime of
military service and rear-area policies, build up the national-defence industry to ensure
proper equipment for the armed forces. It shall harmonise national defence with the
economy and vice versa, seek to ensure proper material and spiritual living conditions for
officers and soldiers, national-defence work ers and employees. It shall build powerful
people’s armed forces and unceasingly reinfor ce the country’s national-defence potential.
Chapter Five: Fundamental Rights and Duties of the Citizen
Article 49
A citizen of the Socialist Republic or Vietna m is a person with Vietnamese nationality.

Article 50
In the Socialist Republic of Vietnam human rights in the political, civic, economic,
cultural and social fields are respected. They are embodied in the citizen’s rights and are
determined by the Constitution and the law.
Article 51
The citizen’s rights are inse parable from his duties.
The State guarantees the rights of the citizen; the citizen must fulfill his duties to the State
and society.
The citizen’s rights and duties are determ ined by the Constitution and the law.
Article 52
All citizens are equal before the law.
Article 53
The citizen has the right to pa rticipate in the administration of the State and management
of society, the discussion of problems of the country and the region; he can send petitions
to State organs and vote in referendums organised by the State.
Article 54
The citizen, regardless of nationality, sex, so cial background, religious belief, cultural
standard, occupation, time of residence, shal l, upon reaching the age of eighteen, have the
right to vote, and, upon reaching the age of twenty-one, have the right to stand for
election to the National Asse mbly and the People’s Councils in accordance with the
provisions of the law.
Article 55
The citizen has both the right and the duty to work.
The State and society shall work out plans to create ever more employment for the
working people.
Article 56
The State shall enact policies and estab lish regimes for the protection of labour.
The State shall establish working times, wage sc ales, regimes of rest and social insurance
for State employees and wage-earners; it sh all encourage and promote other forms of
social insurance for the bene fit of the working people.
Article 57
The citizen enjoys freedom of enterprise as determined by law.

Article 58
The citizen enjoys the right of ownership w ith regard to his lawful income, savings,
housing, chattel, means of production funds and other possessions in enterprises or other
economic organisations; with re gard to land entrusted by the State for use, the matter is
regulated by the provisio ns of Articles 17 and 18.
The State protects the citizen’s right of lawful ownership and right of inheritance.
Article 59
The citizen has both the right and the duty to receive training and instruction.
Primary education is compulsory and dispensed free of charge.
The citizen has the right to get general educa tion and vocational training in various ways.
With regard to school students with special aptitudes the State and society shall create
conditions for them to blossom out.
The State shall enact policies regard ing tuition fees and scholarships.
The State and society shall create the necessa ry conditions for, handicapped children to
acquire general knowledge and appropriate job training.
Article 60
The citizen has the right to carry out scientif ic and technical research, make inventions
and discoveries, initiate techni cal innovations, rationalise production, engage in literary
and artistic creation and critic ism, and participate in other cultural activities. The State
protects copyright and in dustrial proprietorship.
Article 61
The citizen is entitled to a re gime of health protection.
The State shall establish a system of hospital fees, together with one of exemption from
and reduction of such fees.
The citizen has the duty to observe all regulations on disease prevention and public
hygiene.
It is strictly forbidden to produce, transport, deal in, st ore and use unlawfully opium and
other narcotics. The State shall enact re gulations on compulsory treatment of drug
addiction and treatment of da ngerous social diseases.

Article 62
The citizen has the right to build dwelling- houses accord to zoning regulations and the
law. The right of lessees and le ssors are protected by the law.
Article 63
Male and female citizens have equal rights in and fields – political, economic, cultural,
social, and the family.
All acts of discrimination against women and all acts damaging women’s dignity are
strictly banned.
Men and women shall receive equal pay for equal work. Women workers shall enjoy a
regime related to maternity. Women who ar e State employees and wage-earners shall
enjoy paid pre- natal and post-natal leaves dur ing which they shall receive all their wages
and allowances as determined by law.
The State and society shall create all nece ssary conditions for women to raise their
qualifications in all fields and fully play th eir roles in society, they shall see to the
development of maternity homes, pediatric de partments, creches and other social-welfare
units so as to lighten house work and allow women to engage more actively in work and
study, undergo medical treatment, en joy periods of rest and fulfill their maternal duties.
Article 64
The family is the cell of society.
The State protects marriage and the family.
Marriage shall conform to the principles of free consent, progressive union, monogamy
and equality between husband and wife.
Parents have the responsibility to bring up their children into good citizens. Children and
grandchildren have the duty to show respect to and look afte r their parents and
grandparents.
The State and society shall recognize no discrimination among children.
Article 65
Children enjoy protection, care and education by the family, the State and society.
Article 66
The family, the State and society shall cr eate favourable conditions for young people to
study, work, relax, develop bodies and minds , and shall educate them in morality,

national tradition, civic consciousness and the socialist ideal, for them to be in the van of
creative Labour and national defense.
Article 67
War invalids, sick soldiers, and the families of fallen soldiers and revolutionary martyrs
shall enjoy preferential treat ment in State policies. War invalids shall enjoy favourable
conditions for their physical rehabilitation, shall be given em ployment suited to their state
of health and assistance in s ecuring stable living conditions.
Individuals and families credited with merito rious service to the country shall be given
commendation and reward and shall be looked after.
Old people, infirm people and orphans without support shall receive State assistance.
Article 68
The citizen shall enjoy freedom of movement and of residence within the country; he can
freely travel abroad and return home from ab road in accordance with the provisions of
the law.
Article 69
The citizen shall enjoy freedom of opinion a nd speech, freedom of the press, the right to
be informed, and the right to assemble, form associations and hold demonstrations in
accordance with the provisions of the law.
Article 70
The citizen shall enjoy freedom of belief and of religion; he can follow any religion or
follow none. All religions are equal before the law.
The places of worship of all faiths an d religions are protected by the law.
No one can violate freedom of belief and of religion; nor can anyone misuse beliefs and
religions to contravene th e law and State policies.
Article 71
The citizen shall enjoy inviolability of th e person and the protection of the law with
regard to his life, health, honor and dignity.
No one can be arrested in the absence of a ruling by the People’s Court, a ruling or
sanction of the People’s Office of Supervisi on and Control except in case of flagrant
offenses. Taking a person into, or holdi ng him in, custody must be done with full
observance of the law.

It is strictly forbidden to use all forms of harassment and coercion, torture, violation of
his honor and dignity, against a citizen.
Article 72
No one shall be regarded as guilty and be subjected to punishment before the sentence of
the Court has acquired full legal effect.
Any person who has been arrested, held in custody, prosecuted, brought to trial in
violation of the law shall be entitled to da mages for any material harm suffered and his
reputation shall be rehabilitated. Anybody who contravenes the law in arresting, holding
in custody, prosecuting, bringing to trial another person thereby causing him damage
shall be dealt with severely.
Article 73
The citizen is entitled to the in violability of his domicile.
No one can enter the domicile of another pe rson without his consent, except in cases
authorized by the law.
Safety and secrecy are guaranteed to the citizen correspondence, telephone conversations
and telegrams.
Domiciliary searches and the opening, control, and confiscation of a citizen’s
correspondence and telegrams can only be done by a competent authority in accordance
with the provisions of the law.
Article 74
The citizen has the right to lodge complaints and denunciations with the competent State
authorities against the illegal doings of State organs, economic bodies, social
organisations, units of the people’s ar med forces, or of any individual.
The complaints and denunciations must be examined and settled by the State authorities
within the time laid down by the law.
All acts violating the interests of the State, the rights and legitimate interests of
collectives and citizens shall be dealt with severely in time. The person who has suffered
loss and injury shall be entitled to damage s for any material harm suffered and his
reputation rehabilitated.
It is strictly forbidden to take ve ngeance on the person making complaints and
denunciations, or to misuse the right to make complaints and denunciations with the aim
of slandering and causing harm to another person.

Article 75
The State shall protect the legitimate intere sts of Vietnamese people residing abroad.
The State shall create the necessary conditions for Vietnamese residing abroad to
maintain close ties with their families and native land and to contribute to national
construction.
Article 76
The citizen must show loya lty to his motherland.
To betray one’s motherland is the most serious crime.
Article 77
It is the sacred duty and the noble right of the citizen to defend his motherland.
The citizen must fulfill his military obligation a nd join in the all-people national defense.
Article 78
The citizen has the duty to respect and prot ect the properly of the State and the public
interest.
Article 79
The citizen has the duty to obey the Constitutio n and the law, join in the safeguarding of
national security and social or der and the preserving of national secrets, and abide by the
regulation public life.
Article 80
The citizen has the duty to pay taxes and pe rform public-interest Labour according to the
provisions of the law.
Article 81
Foreigners residing in Vietnam must obey the Constitution and law of Vietnam; they
shall receive State protection with regard to their lives, possessions and legitimate
interests in accordance with the provisions of Vietnamese law.
Article 82
The Socialist Republic of Vietnam shall co nsider granting asylum to foreigners
struggling for freedom, national independence, socialism, democracy and peace, or are
harmed because of their scientific work.
Chapter Six: The National Assembly

Article 83
The National Assembly is the highest represen tative organ of the people and the highest
organ of State power of the So cialist Republic of Vietnam.
The National Assembly is the only organ w ith constitutional and legislative powers.
The National Assembly shall decide the fundamental domestic and foreign policies, the
socio-economic tasks, the country’s national- defence and security issues, the essential
principles governing the organisation and act ivity of the State machinery, the social
relations and the activities of the citizen.
The National Assembly shall exercise supreme control over all activities of the State.
Article 84
The National Assembly has the fo llowing obligations and powers:
1. To make and amend the Constitution; to make and amend laws; to work out a
programme for making laws and decree-laws;
2. To exercise supreme control over confor mity to the Constitution, the law and the
resolutions of the National Assembly, to examine the reports of the country’s
President, the Standing Committee of th e National Assembly, the Government,
the Supreme People’s Court, the Suprem e People’s Office for Supervision and
Control;
3. To decide the country’s plan for socio-economic development;
4. To decide the national financ ial and monetary policies; to decide the draft State
budget and budgetary appropriations; to appr ove the accounts of the State budget;
to establish, change, or abolish taxes;
5. To decide the nationalities policy of the State;
6. To regulate the organisation and activity of the National Assembly, the country’s
President, the Government, the People’s Courts, the People’s Office of
Supervision and Control and the local administrations.
7. To elect, release from duty, remove from office the country’s President and Vice-
President, the Chairman of the National Assembly, the Vice-Chairmen and
members of the Standing Committee of the National Assembly, the Prime
Minister, the President of the Supreme Pe ople’s Court, the Head of the Supreme
People’s Office of Supervision and Cont rol; to sanction the proposals of the
country’s President on the establishment of the Council of National Defence and
security; to sanction the proposals of the Prime Minister on the appointment,
release from duty and removal from offi ce of Deputy Prime Ministers, Cabinet
Ministers and other member s of the Government;
8. To set up or suppress government ministri es and government organs of ministerial
rank; to establish, merge, divide, or adju st the boundaries of provinces and cities

under direct central rule; to set up or disband special administrative-economic
units;
9. To abrogate all formal written documents issued by the country’s President, the
Standing Committee of the national A ssembly, the Government, the Prime
Minister, the Supreme People’s Court, and the Supreme People’s Office of
Supervision and Control, that run co unter to the Constitution, the law, and
resolutions taken by the National Assembly;
10. To proclaim an amnesty;
11. To institute titles and ranks on the people’ s armed forces, in the diplomatic service
and other State titles and ranks; to institute medals, badges and State honours and
distinctions;
12. To decide issues of war and peace; to proclaim a state of emergency and other
special measures aimed at ensuring national defence and security;
13. To decide fundamental policies in exte rnal relations; to ratify or annul
international agreements that have been signed or participated in on the proposal
of the country’s President,
14. To hold a referendum.
Article 85
The duration of each National A ssembly is five years.
Two months before the end of its tenure, a new National Assembly shall have been
elected. The electoral proce dure and the number of member s of the National Assembly
shall be established by law.
In special cases, with the approval of at le ast two-thirds of its members, the National
Assembly can either reduce or prolong its period of tenure.
Article 86
The National Assembly shall hold two sessions each year, to be convened by its Standing
Committee.
When so required by the country’s President, the Prime Minister, or at least one-third of
the total membership of the National Assembl y, or in pursuance of its own decision, the
Standing Committee may convene an extraordin ary session of the National Assembly.
The first session of the newly-elected Nati onal Assembly shall be convened two months
after its election at the latest; it shall be opened and presided over by the chairman of the
outgoing Assembly until the election by the incoming Assembly of its chairman.
Article 87
The country’s President, the Standing Committee of the National Assembly, the
Nationalities Council and Committees of th e National Assembly, the Government, the

Supreme People’s Court, the Supreme People’s Office of Supervision and Control, the
Vietnam Fatherland Front and its member orga nisations may present draft laws to the
National Assembly.
Members of the National Assembly may presen t motions concerning laws and draft laws
to the National Assembly.
The procedure for the presentation to the National Assembly of draft laws and motions
concerning laws shall be established by law.
Article 88
Laws and resolutions of the National Assembly must be approved by more than half the
total membership of the National Assemb ly; but decisions taken by the National
Assembly to remove from office one of its me mbers as stipulated in Article 7, to reduce
or prolong its tenure as stipulated in Article 85 and to amend the Constitution as
stipulated in Article 147 must be approved by at least two-thirds of its total membership.
Laws and resolutions of the National Assembly must be made public fifteen days after
their adoption at the latest.
Article 89
The National Assembly shall el ect a Credentials Committee and base itself on the report
of the Committee to confirm the capacity of its members.
Article 90
The Standing Committee of the National Assembly is its permanent Committee.
It is composed of:
• the Chairman of the National Assembly,
• the Vice-Chairmen of the National Assembly;
• the members.
The membership of the Standing Committ ee shall be determined by the National
Assembly. A member of the St anding Committee of the National Assembly cannot be at
the same time a member of the Government.
The Standing Committee of each legislature sh all fulfil its tasks and exercise its powers
until the election by the new legislat ure of a new Standing Committee.
Article 91
Following are the duties and powers of the Standing Committee of the National
Assembly:

1. To call and preside over the elect ion of the National Assembly,
2. To prepare for, to convene, and pres ide over the sessions of the National
Assembly;
3. To interpret the C onstitution, the law, and decree-laws;
4. To enact decree-laws on matters entrusted to it by the National Assembly;
5. To exercise supervision and control ove r the implementation of the Constitution,
the law, the resolutions of the National Assembly, decree-laws, the resolutions of
the Standing Committee of the National Assembly; over the activities of the
Government, the Supreme People’s Court, the Supreme People’s Office of
Supervision and Control; to suspend the execu tion of the formal written orders of
the Government, the Prime Minister, th e Supreme People’s Court, the Supreme
People’s Office of Supervision and Contro l, that contravene the Constitution, the
law, the resolutions of the National Asse mbly; to report the matter to the National
Assembly for it to decide the abrogation of such orders; to repeal the written
orders of the Government, Prime Minister, the Supreme People’s Court, the
Supreme People’s Office of Supervision and Control that are contrary to the
decree-laws and resolutions of the Standing Committee of the National Assembly;
6. To exercise supervision and control over, and to give guidance to the activities of
the People’s Councils; to annul wrong resolutions by the People’s Councils of
provinces and cities under di rect central rule; to disband People’s Councils of
provinces and cities under direct central rule whenever such Councils cause
serious harm to the interests of the people;
7. To direct, harmonise, and co-ordinate th e activities of the Nationalities Council
and the Committees of the National Assembly, to give guidance to, and to ensure
good working conditions for, members of the National Assembly;
8. In the intervals be tween sessions of the National Assembly, to sanction proposals
of the Prime Minister concerning th e appointment, release from duty, and
dismissal of a Deputy Prime Minister, Cabinet Minister, and other members of the
Government, and to report such matters to the nearest session of the National
Assembly;
9. In the intervals between se ssions of the National Assembly, to proclaim the state
of war in case of foreign aggressi on and report the matter to the National
Assembly for its approval at its nearest session;
10. To proclaim general or partial mobilisation; to proclaim a state of emergency
throughout the country or in a particular region;
11. To carry out the National Assembly’s external relations;
12. To organise a referendum following decision by the National Assembly.
Article 92
The Chairman of the National Assembly sha ll preside over its sessions; authenticate
through his signature laws and resolutions of the National Assembly; give leadership to
the activities of its Standing Committee; or ganise the carrying out of its external
relations; maintain relationship with its members.

The Vice-Chairmen of the National Assembly shall assist the Chairman in the fulfilment
of his duties as required by him.
Article 93
The decree-laws and resolutions of the St anding Committee of the National Assembly
must be approved by more that half of its me mbership. They must be made public fifteen
days following their adoption at the latest, except in case they are presented by the
country’s President to the Na tional Assembly for review.
Article 94
The National Assembly shall elect a Nationalities Council comprising the Chairman,
Vice-Chairmen, and members.
The Nationalities Council studies and make s proposals to the National Assembly on
issues concerning the nationalities; supervises and controls the implementation of policies
on nationalities, the execution of programmes and plans for socio-economic development
of the highlands and regions inhabited by national minorities.
Prior to the promulgation of decisions related to nationalities policies, the Government
must consult the Nationalities Council.
The Chairman of the Nationalities Council can sit in on meetings of the Standing
Committee of the National Assembly and mee tings of the Government at which are
discussed ways of putting into effect policies on nationalities.
The Nationalities Council has also other dutie s and powers as assigned to the Committees
of the National Assemb ly in Article 95.
A number of members of the Nationalities C ouncil are in charge of special tasks.
Article 95
The National Assembly shall elect its Committees.
The Committees of the National Assembly study and check draft laws, make proposals
concerning laws, draft decree-laws and other dr afts, and reports entrusted to them by the
National Assembly or its Standing Committee; present to the National Assembly and its
Standing Committee their views on legislativ e programmes; exercise supervision and
control within the bounds determ ined by law; make proposals concerning issues within
their fields of activity.
A number of members of each Committee are in charge of special tasks.

Article 96
The Nationalities Council and the Committees of the National Assembly can require
members of the Government, th e President of the Supreme People’s Court, the Head of
the Supreme People’s Office of Supervision a nd Control, and other State officials to
report or supply documents on certain necessa ry matters. Those to whom such requests
are made must satisfy them.
It is the responsibility of St ate organs to examine and answer the proposals made by the
Nationalities Council and the Commit tees of the National Assembly.
Article 97
The deputy to the National Assembly represen ts the will and aspirations of the people,
not only of his constituency but of the whole country.
The deputy to the National Assembly must main tain close ties with the electors; submit
himself to their control; collect and faithfully reflect their views and aspirations for the
consideration of the National A ssembly and the State organs concerned; maintain regular
contacts with and make reports to the elec tors on his own activities and the National
Assembly’s; answer the requests and proposals of the electors; examine, activate and keep
track of the way citizens’ complaints and de nunciations are dealt with, and give guidance
and assistance to citizens seeki ng to exercise their rights.
The deputy to the National Assembly shall popu larise and urge the people to implement
the Constitution, laws and resolutions of the National Assembly.
Article 98
The deputy to the National Assembly has the right to interpellate the country’s President,
the Chairman of the National Assembly, the Prime Minister, Cabinet Ministers and other
members of the Government, th e President of the Supreme People’s Court, and the Head
of the Supreme People’s Office of Supervision and Control.
The interpellated officials must give an answer at the current session; in case an inquiry is
needed the National Assembly may decide that the answer should be given to its Standing
Committee or at one of its own subsequent sess ions, or may allow the answer to be given
in writing.
The deputy to the National Assembly has th e right to request State organs, social
organisations, economic bodies, and units of the armed forces to answer questions on
matters with which he is concerned. The peopl e in charge of those organs, organisations,
bodies and units have the responsibility to an swer questions put by the deputy within the
time limit set by the law.

Article 99
A member of the National Assembly cannot be arrested or prosecuted without the
consent of the National Assembly and, in the intervals between its sessions, without the
consent of its Standing Committee.
In case of a flagrant offence and the deputy is taken into temporary custody, the organ
effecting his arrest must immediately report the facts to the National Assembly or its
Standing Committee for it to examine them and take a decision.
Article 100
The deputy to the National Assembly must devote the necessary time to his work.
It is the responsibility of the Standing Committee of the National Assembly, the Prime
Minister, the Cabinet Ministers, the other members of the Government, and the other
State organs to supply him with the material he requires and to create the necessary
conditions for him to fulfil his duty.
The State shall ensure that he has th e money necessary to his activities.
Chapter Seven: The Country’s President
Article 101
The country’s President is the Head of State and represents the Socialist Republic of
Vietnam internally and externally.
Article 102
The country’s President shall be electe d by the National Assembly from among its
members.
He is responsible to the National Assemb ly for his work and reports to it.
His term of office follows that of the National Assembly. At the end of the latter’s tenure
he shall continue in office until a new Pr esident of the country is elected by the new
legislature.
Article 103
Following are the duties and powers of the country’s President
1. To promulgate the Constitution, laws and decree-laws;
2. To have overall command of the armed fo rces and hold the office of Chairman of
the National Defence and Security Council;

3. To propose to the National Assembly to elect, release from duty, remove from
office, the Vice-President of the country, the Prime Minister, the President of the
Supreme People’s Court, the Head of the Supreme People’s Office of Supervision
and Control;
4. On the basis of resolutions of the Nati onal Assembly or its Standing Committee to
appoint, release from duty, or dismiss the Deputy Prime Ministers, Cabinet
Ministers and other member s of the Government;
5. On the basis of resolutions of the Nati onal Assembly or its Standing Committee to
proclaim a state of war; to proclaim an amnesty;
6. On the basis of resolutions of the St anding Committee of the National Assembly,
to order a general or partial mobilisation; to proclaim a state of emergency
throughout the country or in a particular region;
7. To propose to the Standing Committee of the National Assembly to review its
decree-laws and resolutions’ on matters stipulated in Points 8 and 9, Article 91,
within the space of ten days following th eir adoption; if those decree-laws and
resolutions are again passed by the Sta nding Committee of the National Assembly
with the country’s President dissenting, the latter shall report the matter to the
National Assembly for it to decide the issue at its nearest session;
8. To appoint, release from duty, dismiss the Vice-Presidents and judges of the
Supreme People’s Court, the Deputy Head and members of the Supreme People’s
Office of Supervision and Control;
9. To conifer titles and ranks on senior officers of the people’s armed forces;
diplomatic titles and ranks, and other St ate titles and ranks; to confer medals,
badges and State honours and distinctions;
10. To appoint and recall Vietnam’s ambassadors extraordinary and plenipotentiary,
to receive foreign ambassadors extraordinar y and plenipotentiary to negotiate and
sign international agreements on behalf of the Socialist Republic of Vietnam with
the Heads of other States; to approve or join international agreements, except in
cases where a decision by the National Assembly is necessary;
11. To grant Vietnamese nationality, release from Vietnamese nationality, or deprive
of Vietnamese nationality;
12. To grant pardons.
Article 104
The National Defence and Security Council sh all comprise the President, the Vice-
President and the members.
The country’s President shall propose a list of members of the National Defence and
Security Council to the approval of the Na tional Assembly. Members of the National
Defence and Security Council shall not necessarily be members of the National
Assembly.

The National Defence and Security Council shall mobilise all forces and potentialities of
the country for national defence.
In case of war the National Assembly can entrust the National Defence and Security
Council with special duties and powers.
The National Defence and Security Council sh all operate as a collegium and take its
decisions by a vote of the majority.
Article 105
The country’s President is entitled to atte nd sessions of the Standing Committee of the
National Assembly.
Whenever he deems it necessary he can attend meetings of the Government.
Article 106
The country’s President shall issue orders and decisions for the accomplishment of his
duties and the exercise of his powers.
Article 107
The country’s Vice-President shall be elec ted by the National Assembly from among its
members.
He shall assist the President in the perfor mance of his duties and may be delegated by
him to perform certain tasks.
Article 108
When the country’s President is incapacitate d for work over a long period of time, the
Vice-President shall act as President.
In case of vacancy of the Presidency, the Vice-President shall be acting President until
the election of a new Presiden t by the National Assembly.
Chapter Eight: The Government
Article 109
The Government is the executive organ of th e National Assembly, the highest organ of
State administration of the Soci alist Republic of Vietnam.
The Government shall carry out overall management of the work for the fulfillment of the
political, economic, cultural, so cial, national-defense, security and external duties of the

State; it shall ensure the effectiveness of the State appa ratus from the center to the
grassroots; it shall ensure respect for and implementation of the Constitution and the law;
it shall promote the mastery of the people in national construction and defense; it shall
ensure security and the improvement of the people’s material and cultural living
conditions.
The Government is accountable to the Nationa l Assembly and shall make its reports to
the National Assembly, its Standing Comm ittee, and the country’s President.
Article 110
The Government shall be composed of the Prime Minister, the Deputy Prime Ministers,
the Cabinet Ministers, and ot her members. With the exception of the Prime Minister, its
members are not necessarily members of the National Assembly.
The Prime Minister is accountable to the Natio nal Assembly and shall make his reports to
the National Assembly, its Standing Comm ittee, and the country’s President.
The Deputy Prime Ministers shall assist the Prime Minister in the performance of his
duties, as required by him. In the absence of the Prime Minist er, one of his Deputies shall
be delegated by him to direct the work of the government.
Article 111
The Chairman of the Central Committee of the Vietnam Fatherland Front, the Chairman
of the Vietnam Federation of Labour and the he ads of mass organisations shall be invited
to attend the sessions of the Government when relevant problems come up for discussion.
Article 112
Following are the duties and pow ers of the Government:
1. To direct the work of the ministries, the organs of ministerial rank and the organs
of the Government, the People’s Committees at all levels; to build and consolidate
the unified system of the apparatus of State administration from the center to the
grassroots; to guide and control the Peopl e’s Councils in their implementation of
the directives of superior organs of St ate administration; to create favourable
conditions for the People’s Councils to fulfill their duties and exercise their
powers as laid down by law, to train, foster, dispose and use State officials and
employees;
2. To ensure the implementation of the Constitution and the law in State organs,
economic bodies, social organisations, units of the armed forces, and among the

citizens; to organise and direct propaganda and e ducational work among the
people concerning the Constitution and the law;
3. To present draft laws, decree-laws and ot her projects to the National Assembly
and its Standing Committee;
4. To ensure the overall management of the building and development of the
national economy; to carry into effect national financial and mone tary policies; to
manage and ensure the effective use of property in the ownership of the entire
people; to promote the development of cu lture, education, health care, science and
technology; to carry out the plan for so cio-economic development and to give
effect to the State budget;
5. To take measures to protect the rights a nd legitimate interests of the citizen, to
create conditions for him to exercise his rights and fulfill his duties, to protect the
property and interests of the State and society; to protect the environment;
6. To consolidate and strengthen national defense by the entire people and the
people’s security; to ensure national security and social order; to build the people’s
armed forces; to carry into effect genera l mobilisation, to proclaim the state of
emergency and all other necessary measures to defend the country;
7. To organise and direct the conduct of State inventories and statistics; State
inspection and control; to fight bureauc ratism and corruption in the State
machinery; to settle complaints and denunciations by citizens;
8. To ensure the overall management of the State’s external relations; to sign, join,
approve international agreements on behalf of th e Government; to direct the
implementation of international agreemen ts subscribed to or joined by the
Socialist Republic of Vietnam; to prot ect the interests of the State and the
legitimate interests of Vietnamese citizens and organisations in foreign countries;
9. To implement social policies, national ities policies, policies on religion;
10. To take decisions in the adjustment of the boundaries of administrative units
below the level of the province and the city under direct central control;
11. To coordinate its efforts with those of the Vietnam Fatherland Front and all mass
organisations in the fulfillment of their duties and exercise of their rights; to
create conditions for thei r effective functioning.
Article 113
The tenure of the Government is the same as that of the National Assembly. When the
latter’s tenure ends the Government shall continue in office until the new legislature
establishes a new Government.
Article 114
Following are the duties and power s of the Prime Minister:

1. To direct the work of the Government, the Government members, the People’s
Councils at all levels; to chair Cabinet meetings;
2. To propose to the National Assembly to set up or disband ministries and organs of
ministerial rank; to present to the National Assembly or, when the latter is not in
session, to its Standing Committee, for approval, proposals on the appointment,
release from duty, or dismissal of Deputy Prime Ministers, Cabinet Ministers and
other members of the Government;
3. To appoint, release from duty, or dismi ss Vice-Ministers and officials of equal
rank; approve the election, release from duty, secondment, and dismissal of
Chairmen and Deputy Chairmen of People’ s Committees of provinces and cities
under direct central rule;
4. To suspend or annul decisions, directives and circulars of Cabinet Ministers and
other Government members, decisions a nd directives of People’s Councils and
Chairmen of People’s Committees of provin ces and cities under direct central rule
that contravene the Constitution, the law, and other formal written documents of
superior State organs;
5. To suspend the execution of resolutions of People’s Councils of provinces and
cities under direct central rule that contravene the Constitution, the law, and
formal written orders of s uperior State organs; at the same time to propose to the
Standing Committee of the Nationa l Assembly to annul them;
6. To make regular reports to the people through the mass media on major issues to
be settled by the Government.
Article 115
On the basis of the Constitution, the law, a nd the resolutions of the National Assembly,
the decree-laws and resolutions of the la tter’s Standing Committee, the orders and
decisions of the country’s President, the Government shall issue resolutions and decrees,
the Prime Minister shall issue decisions and directives and shall supervise the execution
of those formal written orders.
Major issues within the juri sdiction of the Government shall undergo collegial discussion
and decisions shall be taken in conformity with the will of the majority.
Article 116
Cabinet Ministers and other Government members shall be responsible for State
administration in the fields and branches under their respective authority throughout the
country; they shall ensure th e autonomy of grassroots units in production and trading
according to the provisions of the law.
On the basis of the Constitution, the law, a nd the resolutions of the National Assembly,
the decree-laws and resolutions of the la tter’s Standing Committee, the orders and

decisions of the country’s President, the written orders of the Government and the Prime
Minister, the Cabinet Minist ers, the other Government members, the heads of
government organs shall issue decisions, dire ctives and circulars and shall control the
execution of these formal written instructi ons by all branches, regions and grass roots
units.
Article 117
Cabinet Ministers and the othe r Government members shall be responsible to the Prime
Minister and the National Assembly for the fields and branches under their respective
authority.
Chapter Nine: The People’s Counc ils and the People’s Committees
Article 118
The administrative units of the Socialist Republic of Vietnam are distributed as follows:
The country is divided into provinces a nd cities under direct central rule;
The province is divided into districts, provincial cities, and towns; the city under direct
central rule is divided into urban dist ricts, rural districts, and towns;
The district is divided into communes and to wnlets; the provincial city and the town are
divided into wards and comm unes; the urban district is divided into wards.
The establishment of People’s C ouncils and People’s Committees in administrative units
is determined by law.
Article 119
The People’s Council is the local organ of State power; it represents the will, aspirations,
and mastery of the people; it is elected by th e local people and is accountable to them and
to the superior State organs.
Article 120
On the basis of the Constitution, the law, and th e formal written orders of superior State
organs the People’s Council shall pass re solutions on measures for the serious
implementation of the Constitution and the law at local level; on the plan for socio-
economic development and the execution of th e budget; on national defence and security
at local level; on measures for stabilisi ng and improving the people’s living conditions,
fulfilling all duties entrusted by the superior au thorities and all obligations to the country
as a whole.

Article 121
The deputy to the People’s Council represents th e will and aspirations of the local people;
he must maintain close lies with the electors, submit himself to their control, keep regular
contact with them, regularly report to them on his activities and those of the People’s
Council, answer their requests and proposals; lo ok into and activate the settlement of the
people’s complaints and denunciations.
It is the duty of the deputy to the People’s Council to urge the people to abide by the law
and State policies, the resolutions of the People’s Council, and to encourage them to join
in State administration.
Article 122
The deputy to the People’s Council has the right to interpellate the Chairman of the
People’s Council, the Chairman and other members of the People’s Committee, the
President of the People’s Court, the Head of the People’s Office of Supervision and
Control, and the heads of organs under th e People’s Committee. The interpellated
officials must answer this interpellati on within the time determined by law.
The deputy to the People’s Council has the right to make proposals to local State organs.
The officials in charge of these organs have the responsibility to receive him, and to
examine and settle the issues raised in his proposals.
Article 123
The People’s Committee elected by the People’s Council is the latter’s executive organ,
the organ of local State ad ministration. It is its responsibility to implement the
Constitution, the law, the formal written orders of superior State organs and the
resolutions of the People’s Council.
Article 124
Within the bounds of its duties and powers the People’s Committee shall issue decisions
and directives and supervise their execution.
The Chairman of the People’s Committee sha ll give leadership and operational guidance
to the activities of the People’s Committee.
When deciding major local matters, the Pe ople’s Committee shall undertake collegial
discussion and its decisions must conform to the will of the majority.
The Chairman of the People’s Committee can suspend or annul the wrong decisions of
organs under the People’s Committees and People’s Councils of a lower rank; it can
suspend wrong resolutions of People’s Counc ils of a lower rank and at the same time
propose to the People’s Council at his ow n level to annul such resolutions.

Article 125
The Chairman of the Vietnam Fatherland Fron t and the heads of mass organisations in
the locality shall be invited to attend sessions of the People’s Council and to attend
meetings of the People’s Committee at the same level when relevant problems are
discussed.
The People’s Council and the People’s Committee shall make regular reports on the local
situation in all fields to the Fatherland Front and the mass organisa tions; shall listen to
their opinions and proposals on local power building and socio-economic development;
shall cooperate with them in urging the peopl e to work together with the State for the
implementation of socio-economic, national-defen ce, and security tasks in the locality.
Chapter Ten: The People’s Court and the People’s Office of Supervision and
Control

Article 126
It is the duty of the People’ s Court and the People’s Office of Supervision and Control to,
within the bounds of their func tions, safeguard socialist legality, the socialist regime and
the people’s mastery, the property of the Stat e and the collectives, the lives, property,
freedom, honour and dignity of the citizen.
THE PEOPLE’S COURT
Article 127
The Supreme People’s Court, the local People’ s Courts, the Military Tribunals and the
other tribunals established by law are the judi cial organs of the Socialist Republic of
Vietnam.
Under special circumstances, the National A ssembly may decide to set up a Special
Tribunal.
At the grassroots appropriate popular organisations shall be set up to deal with minor
offences and disputes among the people according to the provisions of the law.
Article 128
The tenure of the President of the Supreme Peopl e’s Court shall be the same as that of the
National Assembly.
The regime of the appointment, release from duty, dismissal, and the tenure of office of
the judges; the system of election and the tenure of office of people’s assessors in People’s
Courts at every level sha ll be determined by law.

Article 129
Trials before People’s Courts with the part icipation of people’s assessors and before
Military Tribunals with the participation of military asse ssors shall be conducted in
conformity with the provisions of the law. During a trial the assessors shall be on an
equal footing with the judges.
Article 130
During a trial the judges and a ssessors are independent and shall only obey the law.
Article 131
The People’s Courts shall hold their hearings in public, except in cases determined by
law.
The People’s Courts shall try their cases co llegially and their decisions shall be in
conformity with the will of the majority.
Article 132
The right of the defendant to be defended is guaranteed. The defendant can either conduct
his own defence or ask someone else to do it.
An organisation of barristers shall be set up to help the defendant and other parties in a
law case to defend their rights and legitimate in terests and contribute to the safeguarding
of socialist legality.
Article 133
The People’s Courts shall guarantee that citiz ens of the Socialist Republic of Vietnam
who are members of various nationalities can use their own respective languages and
systems of writing in court.
Article 134
The Supreme People’s Court is the highest ju dicial organ of the Socialist Republic of
Vietnam.
It supervises and directs the Judicial work of Special People’s Courts and Military
Tribunals.
It supervises and directs the ju dicial work of Special Tribuna ls and other tribunals, unless
otherwise prescribed by the Na tional Assembly at the establishment of such Tribunals.
Article 135
The President of the Supreme People’s Court is responsible and makes his reports to the
National Assembly and, when the latter is not in session, to its Standing Committee and
to the country’s President.

The President of the local People’s Court is responsible to and makes his reports to the
People’s Council.
Article 136
The sentences and decisions of the People’s Court which have acquired legal effect must
be respected by State organs, economic bodies, social organisations, people’s armed units
and all citizens; they must be seriously implemented by the individuals and organs
concerned.
THE PEOPLE’S OFFICE OF SUPERVISION AND CONTROL
Article 137
The Supreme People’s Office of Supervisi on and Control supervises and controls
obedience to the law by Ministries, organs of ministerial rank, other organs under the
government, local organs of power, economic bodies, social organisations, people’s
armed units and citizens; it exercises the ri ght to initiate public prosecution, ensures a
serious and uniform implementation of the law.
The local Offices of Supervision and Control and the Military Offices of Supervision and
Control supervise and control obed ience to the law and exercise the right to initiate public
prosecution within the bounds of their responsibilities as prescribed by law.
Article 138
The People’s Office of Supervision and Contro l is directed by its Head. The Heads of
inferior Offices are subject to the leadership of the Heads of superior Offices. The Heads
of local Offices of Supervision and Contro l and the Heads of Military Offices of
Supervision and Control are subject to the overa ll leadership of the Head of the Supreme
People’s Office of Supervision and Control.
The setting up of the Committee of Supervision and Control, the problems to be settled
by the Head of the People’s Office of Supervis ion and Control, the major issues to be
discussed and settled by the Committee of Supervision and Co ntrol in conformity with
the will of the majority, are to be prescribed by law.
The tenure of the Head of the Supreme People’ s Office of Supervision and Control is the
same as that of the National Assembly.
The Heads, Deputy Heads and members of the local People’s Offices of Supervision and
Control and of Military Offices of Supervis ion and Control in military zones and areas
shall be appointed, released from duty, or di smissed by the Head of the Supreme People’s
Office of Supervision and Control.

Article 139
The Head of the Supreme People’s Office of Su pervision and Control shall be responsible
and shall make his reports to the National Assembly and, when the latter is not in session,
to its Standing Committee and to the country’s President.
Article 140
The Heads of the local People’s Offices of Supervision and Control are responsible for
reporting to the People’s Councils on the situat ion in law enforcement in the respective
localities, and shall an swer the interpellations of the deputies to the People’s Councils.
Chapter Eleven: The National Flag, Anthem, Capital, and National Day
Article 141
The national flag of the Socialist Republic of Vietnam is rectangular in shape, its width
being equal to two-thirds of its length; in the middle of a red background is a five-pointed
gold star.
Article 142
The national emblem of the Socialist Republic of Vietnam is circular in shape; in the
middle of a red background is a five-pointed gold star framed by rice ears below which is
half a cog wheel and the inscripti on: Socialist Republic of Vietnam.
Article 143
The national anthem of the Socialist Republic of Vietnam is the music and words of the
March to the Front
Article 144
The capital of the Socialist Re public of Vietnam is Ha Noi
Article 145
The day of the Declaration of Independe nce, the Second of September 1945, is the
National Day.
Chapter Twelve: Effect of the C onstitution and Amendments to the
Constitution

Article 146
The Constitution of the Socialis t Republic of Vietnam is the fundamental law of the State
and has the highest legal effect.
All other legal documents must conform to the Constitution.
Article 147
The National Assembly alone shall have the right to amend the Constitution. An
amendment to the Constitution must be appr oved by at least two-thirds of its total
membership.
This Constitution was unanimously approved by the 8th National Assembly of the
Socialist Republic of Vietnam at its 11th session sitting of 15 April 1992 at 11.45 a.m.

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