CONSTITUTION
THE DEMOCRATIC REPUBLIC OF VIETNAM
(THE 1st NATIONAL ASSEMBLY OF THE DEMOCRATIC REPUBLIC OF VIETNAM ADOPTED ON NOVEMBER 9, 1946 IN HANOI)
PREFACE
The August Revolution regained sovereignty for the country, freedom for the people and established a democratic republic.
After eighty years of struggle, the Vietnamese people have escaped the oppression of colonial policy and at the same time got rid of the kingly and mandarin regime. The country has entered a new phase.
The task of our nation during this period is to preserve the territory, gain complete independence and build the nation on a democratic foundation.
Entrusted by the nation with the responsibility of drafting the first Constitution of the Democratic Republic of Vietnam, the National Assembly realized that the Vietnamese Constitution must record the glorious achievements of the Revolution and must be built on the principles down here:
– Unite all people, regardless of race, gender, class, or religion.
– Ensure democratic freedoms.
– Implement strong and wise government of the people.
With the spirit of solidarity and striving of the entire people, under a widespread democratic government, an independent and unified Vietnam moves forward on the path of glory and happiness, in step with the progressive trend of the world and with humanity’s will for peace.
Chapter 1:
GOVERNMENT
Number 1
Vietnam is a democratic republic.
All power in the country belongs to the entire Vietnamese people, regardless of race, gender, rich or poor, class or religion.
Number 2
The country of Vietnam is an indivisible bloc of Central, South, and North.
Number 3
The flag of the Democratic Republic of Vietnam has a red background with a five-pointed yellow star in the middle.
The national anthem is Tien Quan Ca.
The capital is located in Hanoi.
Chapter 2:
CITIZEN OBLIGATIONS AND RIGHTS
Section A: OBLIGATIONS
Article 4:
Every Vietnamese citizen must:
– Protect the country
– Respect the Constitution
– Obey the law.
Article 5
Vietnamese citizens are obliged to serve in the army.
Section B: BENEFITS
Article 6
All Vietnamese citizens have equal rights in all aspects: political, economic, and cultural.
Article 7
All Vietnamese citizens are equal before the law and can participate in the government and nation-building work depending on their talents and virtues.
Article 8
In addition to equality in rights, national minorities are helped in all aspects to quickly catch up to the common level.
Article 9
Women are equal to men in all aspects.
Article 10
Vietnamese citizens have the right to:
– Freedom of speech
– Freedom to publish
– Freedom to organize and assemble
– Freedom of belief
– Freedom to reside and travel domestically and abroad.
Article 11
If the judiciary has not yet decided, it is not allowed to arrest and detain Vietnamese citizens.
The homes and letters, mails, correspondence of Vietnamese citizens must not be illegally violated.
Article 12
Vietnamese citizens’ right to private property is guaranteed.
Article 13
The rights of intellectual and manual workers are guaranteed.
Article 14
Elderly or disabled citizens who cannot work are helped. Children are cared for in terms of education.
Article 15
Compulsory elementary school with no tuition fees. In local primary schools, national minorities have the right to study in their own language.
Poor students receive help from the Government.
Private schools are open freely and must teach according to the State curriculum.
Article 16
Foreigners who fought for democracy and freedom but had to flee from their own country were allowed to reside in Vietnam.
Section C: ELECTION, RECALL AND VENUE
Article 17
The electoral system is universal suffrage. Voting must be free, direct and secret.
Article 18
All Vietnamese citizens, 18 years of age and older, regardless of gender, have the right to vote, except for the insane and those who have lost public office.
Candidates must have the right to vote, must be at least 21 years old, and must be able to read and write the national language.
Active-duty citizens also have the right to vote and run for office.
Article 19
The method of election will be determined by law.
Article 20
The people have the right to recall their elected representatives, according to Articles 41 and 61.
Article 21
The people have the right to vote on the Constitution and matters related to the nation’s destiny, according to Articles 32 and 70.
Chapter 3:
THE PEOPLE’S PARLIAMENT
Article 22
The People’s Parliament is the highest authority of the Democratic Republic of Vietnam.
Article 23
The People’s Parliament resolves all common issues for the entire country, sets laws, votes on the budget, and ratifies treaties that the Government signs with foreign countries.
Article 24
The People’s Parliament is elected by Vietnamese citizens. Vote every three years.
For every 50,000 people, there is one member of parliament.
The number of parliamentarians of large urban areas and localities with national minorities will be determined by law.
Article 25
Councilors not only represent their locality but also represent the entire people of entire country.
Article 26
The People’s Parliament itself checks whether the members are validly elected or not.
Article 27
The People’s Parliament elects a Speaker, two Deputy Speakers, 12 official members, and 3 alternate members to form the Standing Committee.
The Chairman and Deputy Chairman also hold the positions of Head and Deputy Head of the Standing Committee.
Article 28
People’s Parliament every year has two meetings convened by the Standing Committee, and two meetings are held in May and November of the solar calendar.
The Standing Committee can convene an extraordinary meeting if deemed necessary.
The Standing Committee must convene the Parliament if one-third of the total number of members or the Government so request.
Article 29
More than half of the total number of members must attend the meeting to vote.
The Parliament decides according to more than half of the members present.
But to declare war, two-thirds of the parliament must vote in favor.
Article 30
The Parliament meets publicly and the public is allowed to enter and listen.
The press is allowed to report on the deliberations and decisions of Parliament.
In special cases, the Parliament may decide to meet in secret.
Article 31
Laws that have been voted by the National Assembly must be promulgated by the President of Vietnam no later than 10 days after receiving the notification. But within that time limit, the President of Vietnam has the right to request the Parliament to discuss again. Laws that are discussed again, if still approved by the Parliament, must be promulgated by the President.
Article 32
Matters related to the nation’s destiny will be put to the people’s decision, if two-thirds of the total number of parliamentarians agree.
The method of appeal will be determined by law.
Article 33
When two-thirds of the total number of members agree, the Parliament can dissolve itself. The Standing Committee, on behalf of the Parliament, announced the self-dissolution.
Article 34
When the People’s Parliament has expired or has not yet expired but dissolves itself, the Standing Committee retains power until the new People’s Parliament is re-elected.
Article 35
Two months before the expiration of the People’s Assembly, the Standing Committee announced re-election. The new election must be completed two months before the Parliament expires.
When the People’s Parliament dissolved itself, the Standing Committee immediately announced re-election. The new election was completed two months after the Parliament dissolved itself.
No later than one month after the election, the Standing Committee must hold a meeting of the new People’s Parliament.
During a war and the parliament expires, the Parliament or the Standing Committee has the right to extend it for an indefinite period of time. But no later than six months after the war ends, the Parliament must be re-elected.
Article 36
When the Parliament is not in session, the Standing Committee has the right to:
- a) Voting on draft laws of the Government. Those laws must be presented to the Parliament at the nearest session for the Parliament to approve or repeal.
- b) Convene the People’s Parliament.
- c) Control and criticize the Government.
Article 37
More than half of the total members of Standing Commitee must vote in favor for the Standing Committee’s resolutions to be valid.
Article 38
When the Parliament cannot meet, the Standing Committee together with the Government has the right to decide to declare war or an armistice.
Article 39
At the beginning of each session, after the Standing Committee reports its work, the issue of a vote of confidence for the Standing Committee may be raised, if one-quarter of the total number of members of Standing Committee requests it. The entire Standing Committee must resign if it is not trusted. Former Standing Committee’s members can be re-elected.
Article 40
Without the consent of the People’s Parliament or while the Parliament is not in session, without the consent of the Standing Committee, the Government is not allowed to detain and try parliamentarians.
Members of Parliament cannot be prosecuted for their words or votes in Parliament.
In case of flagrant violation, the Government can immediately arrest a parliamentarian but must notify the Standing Committee within 24 hours at the latest. The Standing Committee or the Parliament will decide.
When a member of parliament loses his right to run for election, he also loses his status as a member of parliament.
Article 41
The Parliament must consider the issue of dismissing a member of parliament when it receives a request from one-fourth of the total number of voters in the province or city that elected that member of parliament. If two-thirds of the total number of members agree to the proposal to the member be dismissed, that member must resign.
Article 42
Parliamentarians’ allowances will be determined by law.
Chapter 4:
GOVERNMENT
Article 43
The highest administrative agency of the country is the Government of the Democratic Republic of Vietnam.
Article 44
The Government consists of the President of the Democratic Republic of Vietnam, the Vice President and the Cabinet.
The Cabinet includes the Prime Minister, Ministers, and Deputy Ministers. There may be a Deputy Prime Minister.
Article 45
The President of the Democratic Republic of Vietnam is chosen in the People’s Parliament and must be approved by two-thirds of the total number of the National Assembly.
If the first vote does not have that number of votes, the second vote will be by relative majority.
The President of Vietnam is elected for a period of 5 years and can be re-elected.
Within one month before the expiration of the Chairman’s term, the Standing Committee must convene the Parliament to elect a new President of Vietnam.
Article 46
The Vice President of the Democratic Republic of Vietnam is chosen from among the common people and elected according to usual rules.
The term of office of the Vice President follows the term of the Parliament.
The Vice President assists the President.
When the President passes away or resigns, the Vice President acts as interim President. No later than two months, a new President must be elected.
Article 47
The President of Vietnam chooses the Prime Minister in the Parliament and puts it to the Parliament for a vote. If trusted by the Parliament, the Prime Minister selects Ministers in the Parliament and presents the list to the Parliament for a vote. Deputy Ministers can be chosen from outside the Parliament and nominated by the Prime Minister to the Council of the government to approve him/her.
Members of the Parliamentary Standing Committee are not allowed to participate in the Government.
Article 48
If any Minister is vacant, the Prime Minister shall agree with the Standing Committee to immediately appoint a temporary replacement until the Parliament meets and approves.
Article 49
Powers of the President of the Democratic Republic of Vietnam:
- a) On behalf of the country.
- b) Holds the power of General Commander of the national army, appoints or dismisses generals in the army, navy, and air force.
- c) Sign a decree appointing the Prime Minister, Cabinet staff and senior staff of Government agencies.
- d) Chairman of the Government Council.
- d) Promulgate laws that have been resolved by the Parliament.
- e) Award medals and honorary degrees.
- g) Special amnesty.
- h) Sign treaties with other countries.
- i) Dispatching Vietnamese delegates to foreign countries and receiving diplomatic delegates from other countries.
- k) Declare war or armistice as prescribed in Article 38.
Article 50
The President of Vietnam does not bear any responsibility, unless he commits treason for the country.
Article 51
Whenever the President, Vice President or a Cabinet members are prosecuted for treason, the Parliament will establish a special Court to try it.
The arrest and prosecution before the Court of a Cabinet members for a common crime must have the approval of the Government Council.
Article 52
Government powers:
- a) Implement laws and resolutions of the Parliament.
- b) Recommend draft laws to the Parliament.
- c) Recommend draft laws to the Standing Committee, while the Parliament is not in session when there are special circumstances.
- d) Abolish orders and resolutions of lower-level agencies, if necessary.
- d) Appoint or dismiss employees in administrative or professional agencies.
- e) Implement the mobilization law and all necessary measures to preserve the country.
- g) Prepare annual budget projects.
Article 53
Each Government Decree must be signed by the President of Vietnam and, depending on the powers of the Ministries, must be signed by one or more Ministers. Those Ministers must be responsible to Parliament.
Article 54
Any minister who does not have the confidence of the Parliamentarians must resign.
The entire Cabinet is not jointly responsible for the actions of a Minister.
The Prime Minister must be responsible for the political path of the Cabinet. But the Parliament can only vote on the issue of confidence when the Prime Minister, the Standing Committee or a quarter of the total Parliament raise the issue.
Within 24 hours after the Parliament votes no confidence in the Cabinet, the President of Vietnam has the right to bring the confidence issue to the Parliament for discussion again. The second discussion must be 48 hours after the first discussion. After this vote, the Cabinet lost confidence and had to resign.
Article 55
Ministers must respond in writing or orally to questions from the Parliament or the Standing Committee. The deadline for response is 10 days at the latest after receiving the query letter.
Article 56
When the Parliament expires or dissolves, the Cabinet holds office until the new Parliament meets.
Chapter 5:
PEOPLE’S COUNCIL AND ADMINISTRATIVE COMMITTEE
Article 57
Vietnam administratively consists of three areas: North, Central, and South. Each erea is divided into provinces, each province is divided into districts, and each district is divided into communes.
Article 58
In provinces, cities, towns and communes, there are People’s Councils elected by popular vote and directly.
The People’s Council of the province, city, town or commune appoints the Administrative Committee.
In areas and districts, there is only the Administrative Committee. The Area Administrative Committee is elected by the Council of provinces and cities. The district administrative committee is elected by the Commune Council.
Article 59
The People’s Council decides on issues within its locality. These resolutions must not contravene the instructions of superiors.
The Administrative Committee is responsible for:
- a) Execute orders from superiors.
- b) Implement resolutions of your local People’s Council after being approved by superiors.
- c) Command administrative work in the locality.
Article 60
The Administrative Committee is responsible to its superiors and to its local People’s Council.
Article 61
Employees of the People’s Council and Administrative Committee may be dismissed.
The method of dismissal will be determined by law.
Article 62
A law will define the organizational details of the People’s Councils and Administrative Committees.
Chapter 6:
JUDICIAL AUTHORITIES
Article 63
The judicial agencies of the Democratic Republic of Vietnam include:
- a) Supreme Court.
- b) Courts of Appeal.
- c) Secondary and primary courts.
Article 64
Judges are appointed by the Government.
Article 65
During the trial of a criminal matter, there must be a people’s jury to either give opinions if it is a misdemeanor, or decide together with the judge if it is a felony.
Article 66
National minorities have the right to use their own language before the Court.
Article 67
Court sessions must be public, except in special cases.
The defendant has the right to defend himself or hire a lawyer.
Article 68
It is forbidden to torture, beat, or mistreat defendants and criminals.
Article 69
During the trial, judges only obey the law, other agencies are not allowed to interfere.
Chapter 7:
AMENDING CONSTITUTION
Article 70
Amendments to the Constitution must be in the following manner:
- a) Requested by two-thirds of the total number of members of Parliament.
- b) Parliament elects a committee to draft changes of Constitution.
- c) Changes of Constitution that have been approved by the National Assembly must be submitted to the entire people of country for a vote.///