Ebook Hiến pháp nước Cộng hòa Xã hội Chủ nghĩa Việt Nam (Song ngữ Việt - Anh): Phần 2

Ebook Hiến pháp nước Cộng hòa Xã hội Chủ nghĩa Việt Nam (Song ngữ Việt - Anh): Phần 2 tiếp tục trình bày các điều lệ của Hiến pháp bằng ngôn ngữ tiếng Anh thông qua các nội dung cụ thể sau: The political regime, human rights, fundamental rights and obligations of citizens, economy, social affairs, culture, education, science, technology and environment, defense of the fatherland, the national assembly, the people’s courts and the people’s procuracies.

V ietnam ese People, w orking diligently and creatively and fighting courageously to build an d defend th e ir country, have forged a tra d itio n of patrio tism , solidarity,

hu m anity, justice, resilience and indom itableness, and have created th e civilization an d cu ltu re of V ietnam

Since 1930, u n d e r th e lead ersh ip of th e C om m unist

P arty of V ietnam founded an d tra in e d by P resid en t Ho Chi M inh, our People have waged a p ro tracted struggle full of h a rd sh ip and sacrifice for n atio n al independence and freedom an d for th e ir own happiness In th e w ake of the triu m p h of th e A ugust Revolution, on S eptem ber 2,

1945 P re sid e n t Ho Chi M inh re a d th e Proclam ation of Independence, declaring th e b irth of the Dem ocratic

1 The English translation is for reference only.

Republic of V ietnam , now th e Socialist R epublic of

V ietnam W ith th e will and stre n g th of th e e n tire n ation

an d th e assistan c e of friends around th e world, o u r People have gained g re a t victories in th e stru g g les to lib e ra te the nation, reunify th e country, defend th e F a th e rla n d and fulfill in te rn a tio n a l duties, an d have recorded resounding achievem ents of histo rical significance in th e cause of renew ing an d building th e country tow ard socialism

In stitu tio n a liz in g th e P latform for N ational

C onstruction d u rin g th e Period of T ran sitio n toward Socialism, and p e rp e tu a tin g th e 1946, 1959, 1980 and

1992 C onstitutions, th e V ietnam ese People create,

im plem ent an d defend th is C o n stitu tio n to achieve the goal of a prosperous people and a strong, dem ocratic, equitable an d civilized country

A r tic le 2

1 The S tate of th e Socialist Republic of V ietnam is a

socialist sta te ruled by law and of the People, by the People and for the People.

2 The Socialist Republic of V ietnam is the country

w here the People are th e m asters; all th e sta te power belongs to the People and is based on the alliance of the

w orking class, th e p e a sa n try and the intelligentsia

3 The state power is unified and delegated to state agencies which coordinate w ith and control one another in the exercise of the legislative, executive and judicial powers

an a b u n d an t, free an d h appy life and are given conditions for th e ir com prehensive developm ent

A rtic le 4

1 The C om m unist P a rty of V ietnam - th e V anguard of the w orking class, concurrently th e v an g u ard of the laboring people an d V ietnam ese nation, faithfully rep re se n tin g the in te re s ts of the w orking class, laboring people and e n tire nation, and acting upon the M arxist-

L e n in ist doctrine and Ho Chi M inh Thought, is the force leading the S ta te an d society

2 The C om m unist P a rty of V ietnam is closely associated w ith th e People, shall serve th e People, shall

su b m it to th e supervision of th e People, and is accountable to th e People for its decisions

3 O rg an izatio n s and m em bers of the C om m unist

P a rty of V ietnam sh all op erate w ith in th e fram ew ork of

th e C o n stitu tio n and law

A r tic le 5

1 The Socialist Republic of V ietnam is a unified nation

of all ethn icities living to g eth er in the country of V ietnam

2 All th e eth n icities are equal and u n ite w ith, respect and a s sist one a n o th e r for m u tu a l developm ent; all acts of discrim ination a g a in st an d division of the e th n ic itie s are prohibited

3 The n atio n al language is V ietnam ese Every ethnic group h a s th e rig h t to use its own spoken and w ritten language to preserve its own id e n tity and to prom ote its fine custom s, practices, tra d itio n s an d culture

4 The S tate shall im plem ent a policy of com prehensive developm ent and create th e conditions for the m inority ethn icities to draw u p o n /fu rth er th e ir in te rn a l stre n g th s and develop to g eth er w ith th e country

A r tic le 6

The People sh all exercise th e sta te power in the form

of direct democracy and of rep re se n ta tiv e dem ocracy

th ro u g h the N ational Assembly, People’s Councils and

o th e r sta te agencies

A r tic le 7

1 The elections of d eputies to the N ational Assembly and People’s Councils m u st be conducted on the principle

of universal, equal, direct and secret suffrage

2 A N atio n al Assem bly deputy or a People’s Council deputy m ay be rem oved from office by the voters or the

N ational A ssem bly or th e People’s Council, w hen he or she is no longer w orthy of th e confidence of th e People

A rtic le 8

1 The S ta te sh all be organized an d operate in accordance w ith th e C o n stitu tio n and law, m anage society

by th e C o n stitu tio n an d law, and im p lem en t the principle

of dem ocratic cen tralism

2 All state agencies, cadres, civil servants and public employees shall show respect for the People, conscientiously serve the People, m aintain close contact w ith the People, listen to th eir opinions and subm it to th eir supervision; resolutely com bat corruption, waste, and all m anifestations

of bureaucracy, arrogance and authoritarianism

A r tic le 9

1 The V ietnam F a th e rla n d F ro n t is a political alliance

an d a v o lu n tary union of the political organization, SOCIO­

political organizations and social org an izatio n s, and

p ro m in en t individuals re p resen tin g th e ir class, social

s tra ta , eth n icity or religion and overseas V ietnam ese.The V ietnam F a th e rla n d F ront sh all c o n stitu te the political base of th e people’s a d m in istratio n : rep resen t and protect the rig h ts and law ful and leg itim ate in te re sts

of the People; rally an d uphold th e stre n g th of th e great

n atio n al unity, exercise dem ocracy and prom ote social consensus; conduct social supervision and criticism : and

p artic ip a te in th e building of th e P a rty and th e S tate, and

in people’s ex tern al re la tio n s’ activities, th u s contributing

to n atio n al construction and defense

2 The Trade Union of V ietnam , th e V ietnam P e a sa n ts’ Association, th e Ho Chi M inh C om m unist Youth Union, the V ietnam W omen’s U nion and th e V ietnam War

V eteran s’ Association are socio-political organizations estab lish ed on a v o luntary b asis to re p re se n t and protect

th e rig h ts and lawful and leg itim ate in te re sts of th eir

m em bers; and to gether w ith o th er m em ber organizations

of the V ietnam F a th e rla n d F ro n t coordinate and unify action w ithin the Front

3 The V ietnam F ath e rla n d Front, its m em ber organizations and o th er social organizations shall operate

w ithin the fram ew ork of the C onstitution and law The

S tate shall create the conditions for the V ietnam

F a th e rla n d Front, its m em ber organizations and o th er social organizations to operate

The Trade Union of Vietnam is a socio-political organization of the working class and laborers voluntarily established to represent laborers, care for and protect the rights and lawful and legitim ate interests of laborers; participate in the state m anagem ent and socio-economic

m anagem ent; participate in the examination, inspection and supervision of the operations of state agencies, organizations, units and enterprises regarding issues related to the rights and obligations of laborers; and mobilize laborers to learn to improve their professional qualifications and skills, a b i d e b y law, and build and defend the Fatherland

A r tic le 11

1 The V ietnam ese F a th erla n d is sacred and inviolable

2 All acts a g a in s t independence, sovereignty, u n ity and te rrito ria l integ rity , or a g a in st th e construction and defense, of the F a th e rla n d m u st be severely punished

A r tic le 12

The Socialist Republic of V ietnam shall consistently

im plem ent its foreign policy of independence, self- reliance, peace, friendship, cooperation and developm ent;

m u ltila te raliz a tio n and diversification of ex tern al relatio n s proactive and active in te rn a tio n a l in teg ra tio n and cooperation, on th e basis of respect for each o th e r’s independence, sovereignty and te rrito ria l integrity, non­

A r tic le 10

in terferen ce in each o th e r’s in te rn a l affairs, an d eq u ality

a n d m u tu a l benefit; abide by th e C h a rte r of th e U n ited

N atio n s an d tre a tie s to which th e Socialist R epublic of

V ietnam is a co n tracting party; act as a fn e n d reliable

p a rtn e r and responsible m em ber of th e in te rn a tio n a l com m unity for th e sake of n atio n al in te re sts, and

co n trib u te to the cause of peace, n atio n al independence, dem ocracy an d social progress in the world

A r tic le 13

1 The n atio n al flag of th e Socialist Republic of

V ietnam is rec ta n g u la r in shape, w ith its* w idth equal to

tw o-thirds of its length; in th e m iddle of a red background

is a five-pointed gold star

2 The n atio n al em blem of the Socialist Republic of

V ietnam is circu lar in shape; in th e m iddle of a red background is a five-pointed gold s ta r encircled by rice ears, below w hich is h a lf a cogwheel an d th e inscription

“The Socialist Republic of V ietnam ”

3 The n atio n al an th em of th e Socialist Republic of

V ietnam is the m usic and lyrics of th e song “Tien q u an ca” (M arch to th e F ro n t song)

4 The N ational Day of th e Socialist Republic of

V ietnam is th e day of th e P roclam ation of Independence, the Second of S eptem ber 1945

5 The cap ital of th e Socialist Republic of V ietnam is Hanoi

A rtic le 15

1 C itizens’ rig h ts are in sep arab le from citizens’ obligations

2 Everyone is obliged to respect o th e rs’ rights

3 C itizens sh all perform th e ir obligations tow ard the

S tate and society

4 The exercise of h u m a n rig h ts and citizens’ rig h ts

m ay n ot infringe upon n atio n al in te re sts and o th e rs’ rig h ts and leg itim ate in tere sts

A r tic le 16

1 All people are equal before law

C hapter II

2 No one is subject to discrim inatory tre a tm e n t in political, civil, economic, c u ltu ra l or social life.

3 V ietnam ese citizens living abroad sh all be protected

by th e S tate of the Socialist Republic of V ietnam

A r tic le 18

1 O verseas V ietnam ese m ake up an in sep a rab le p a rt

of th e com m unity of V ietnam ese ethnicities

2 The S tate of the Socialist Republic of V ietnam shall

V ietnam ese to preserve and prom ote th e c u ltu ra l identity

of the V ietnam ese nation, m a in ta in close ties w ith th eir fam ilies and n ative land, and co n trib u te to the construction of th e ir native land an d th e country

A r tic le 19

Everyone h as th e rig h t to life H u m an life is protected

by law No one m ay be deprived of life in co n trav en tio n

of law

A r tic le 20

1 Everyone h as th e rig h t to inviolability of his or h er

body and to the protection by law of his or h er health, honor and dignity; no one shall be subjected to to rtu re, violence, coercion, corporal p u n ish m en t or any form of tre a tm e n t h arm in g his or h er body and h ealth or offending his or h er honor and dignity.

2 No one may be arreste d w ithout a decision of a People s Court, or a decision or approval of a People’s Procuracy, except in case of a fla g ra n t offense The arrest, holding in custody, or detention, of a person shall be prescribed by a law

3 Everyone h a s th e rig h t to donate his or h er tissues, organs or body in accordance w ith law Medical, pharm aceutical an d scientific experim ents, or any other form of experim ents, on th e h u m a n body m u st be consented to by th e h u m a n subject

A r tic le 21

1 Everyone h a s th e rig h t to inviolability of priv ate life, personal secrets an d fam ily secrets; and h a s the rig h t to protect his or h e r honor and rep u tatio n

The secu rity of inform ation about p riv ate life, personal secrets or fam ily secrets sh all be g u aran teed by law

2 Everyone h a s th e rig h t to privacy of correspondence, telephone conversations, teleg ram s and o ther forms of

p riv ate com m unication

No one m av illegally break into, control or seize

a n o th e r’s correspondence, telephone conversations, teleg ram s or o th er forms of p rivate com m unication

A r tic le 22

1 Every citizen h a s th e rig h t to a legal residence

2 Everyone h as th e rig h t to inviolability of his or her home No one m ay e n te r the hom e of a n o th e r person

w ith o u t his or h e r consent

3 The search of hom es sh a ll be prescribed by a law

A r tic le 23

C itizens have th e rig h t to free m ovem ent and residence w ith in th e country, and th e rig h t to leave the country and to re tu rn hom e from abroad The exercise of those rig h ts sh all be prescribed by law

A r tic le 24

1 Everyone h a s th e rig h t to freedom of belief and religion, and h as th e rig h t to follow any religion or to follow no religion All religions are equal before law

2 The S ta te sh all respect and protect th e freedom of belief an d religion

3 No one m ay violate the freedom of belief and religion, nor m ay anyone ta k e ad v an tag e of a belief or religion in order to violate th e law

A r tic le 25

C itizens have th e rig h t to freedom of speech and freedom of th e press, and have the rig h t of access to inform ation, th e rig h t to assem bly, the n g h t to

association, and the rig h t to dem onstrate The exercise of those rig h ts shall be prescribed by law.

A r tic le 26

1 M ale and fem ale citizens have equal rig h ts in all fields The S ta te sh all adopt policies to g u aran tee the rig h t to and o p p o rtunities for gender equality

2 The S tate, society and family shall create the conditions for women to develop com prehensively and to advance th e ir role in society

3 G ender d iscrim ination is prohibited

A r tic le 27

Every citizen who reach es th e age of eighteen h a s the rig h t to vote Every citizen who reaches th e age of tw enty- one h as th e rig h t to sta n d for election to the N ational Assembly or People’s Councils The exercise of those rig h ts sh all be prescribed by a law

A r tic le 28

1 C itizens have th e rig h t to p a rtic ip a te in th e

m anagem ent of th e S ta te an d m an ag em en t of society, and

to discuss an d propose to sta te agencies issues about th e ir base u n its, localities and th e whole country

2 The S ta te sh all create th e conditions for citizens to

p artic ip a te in th e m an ag em en t of the S tate and society; and sh all publicly and tra n sp a re n tly receive and respond

to th e opinions and petitions of citizens

A r tic le 29

C itizens w h o reach the age of eighteen have th e n g h t

to vote in referen d a organized by the S tate

A r tic le 30

1 Everyone h a s th e rig h t to lodge com plaints or

d enunciations about illegal acts of agencies, organizations

or individuals w ith com petent agencies, organizations or persons

2 C om petent agencies, o rg an izatio n s or p erso n s shall receive an d resolve com plaints an d d en u n ciatio n s Those

su fferin g dam ages have th e rig h t to m a te ria l an d m ental com pensation and resto ra tio n of honor in accordance

w ith law

3 T aking revenge on com plainants or d enunciators, or abusing the rig h t to com plaint and den u n ciatio n to slan d er or falsely accuse others, is prohibited

A rtic le 31

1 A person charged w ith a crim inal offense sh all be presum ed innocent u n til proven guilty according to a legally estab lish ed procedure and the sentence of the court tak es legal effect

2 A person charged w ith a crim inal offense shall be prom ptly tried in an im p a rtia l and public m a n n e r by a court w ithin a legally estab lish ed tim e lim it In case of a closed trial in accordance w ith l a w , the verdict m u st be publicly pronounced

3 No one m ay be tried twice for the sam e offense.

4- A person who is arrested , held in custody, tem p o rarily detained, charged w ith a crim inal offence,

in v estig ated , prosecuted or brought to tria l has the rig h t

to defend him self or h erself in person or choose a defense counsel or an o th er person to defend him or her

5 A person who is illegally arrested , held in custody, tem porarily detained, charged w ith a crim inal offence, investigated, prosecuted, brought to tria l or subject to judgm ent enforcem ent h a s the rig h t to com pensation for

m aterial and m en tal dam ages and resto ratio n of honor A person who violates th e law in respect of arre st, detention, holding in custody, laying of charges, investigation, prosecution, tria l or ju d g m en t enforcem ent, thereby causing dam ages to o thers, sh all be pu n ish ed in accordance w ith law

A rticle 32

1 Everyone h a s th e rig h t to ow nership of his or her lawful income, savings, housing, chattels, m eans of production and cap ital contributions to en terp rises or other economic entities

2 The rig h t to p riv a te ow nership and the rig h t to

in h eritan ce shall be protected by law

3 In case of extrem e necessity for n atio n al defense or security reasons or in the n atio n al in terest, in a sta te of

em ergency or in response to a n a tu ra l disaster, the S tate

m ay c o m p u l s o r i l y purchase or requisition the property o f

o rganizations or individuals and pay com pensation a t

3 D iscrim inatory tre a tm e n t, forced labor or the

em ploym ent of people below the m inim um w orking age is prohibited

A r tic le 36

1 Men and women have th e rig h t to m arry and divorce M arriage m u st ad h ere to th e principles of

v o lu ntariness, progressiveness, monogamy, eq u ality and

m u tu al respect betw een h u sb a n d an d wife

2 The S tate sh all protect m arriag e and the family, and protect the in te re sts of m others and children

A r tic le 37

1 Children shall be protected, cared for and e d u c a te bv

the State, family and society; children may participate in child-related issues H arassing, persecuting, m altreating, abandoning or abusing children, exploiting child labor or other acts th a t violate children’s rights are prohibited.

2 Young people sh all be provided by the S tate, family and society w ith th e conditions for learning, working,

e n te rta in in g them selves, and developing th e ir physiques and m inds, and be educated in m orality, national tra d itio n s and civic consciousness; and shall tak e the lead

in the cause of creative labor and n atio n al defense

3 The elderly sh all be respected and cared for by the

S tate, fam ily an d society to prom ote th e ir role in th e cause

of n atio n al construction an d defense

A r tic le 38

1 Everyone h a s th e rig h t to h ealth protection and care, and to equality in th e use of medical services, and h as the obligation to comply w ith regulations on th e prevention of disease and medical exam ination or treatm en t

2 Acts th re a te n in g th e life or h e a lth of o th er persons and th e com m unity are prohibited

Everyone h as the right to enjoy and access cultural values, participate in cultural life, and use cultural facilities.

1 It is the sacred duty and th e noble rig h t of citizens

to defend th e ir F ath erlan d

2 A citizen shall perform m ilitary service and

p artic ip a te in building a n atio n al defense of all th e people

A rtic le 46

A citizen h as the obligation to obey the C onstitution and law; p artic ip a te in th e safeguarding of national security and social order and safetv, and observe th e rules

of public life

A r tic le 41

E v e r y o n e h a s t h e o b l i g a t i o n t o p a y t a x e s i n a c c o r d a n c e

w i t h t h e l a w

A r tic le 48

F oreigners residing in V ietnam shall abide by the

V ietnam ese C onstitution and law; and have th e ir lives, property, rig h ts and leg itim ate in te re sts protected by

V ietnam ese law

A rtic le 49

Foreign n a tio n a ls who are persecuted for tak in g p a rt

in the struggle for freedom and n atio n al independence, for socialism, dem ocracy an d peace, or for engaging in scientific p u rsu its m ay be considered for g ra n tin g of asylum by th e S ta te of th e Socialist Republic of V ietnam

C hapter III

ECONOMY, SOCIAL A F FA IR S, CULTURE,

ED U C A TIO N , SC IEN C E , TECHNOLOGY AND

EN VIRO NM ENT

A rtic le 50

The Socialist Republic of Vietnam shall build an independent and self-reliant economy, bringing into full play its intern al strengths and international integration and

c o o p e r a t i o n , in close association with cultural development

A r tic le 47

social progress and justice, environm ental protection, and national industrialization and modernization.

A r tic le 51

1 The V ietnam ese economy is a socialist-oriented

m a rk e t economy w ith varied form s of ow nership and economic sectors; th e sta te economy plays the leading role

2 All economic sectors are im p o rta n t com ponents of

th e n atio n al economy E n titie s in different economic sectors are equal before law an d sh all cooperate and com pete w ith one an o th e r in accordance w ith law

3 The S ta te sh all encourage an d create th e conditions for businesspeople, e n te rp rise s or o th e r ind iv id u als or

o rganizations to carry o u t in v estm en t, production or

b u sin ess activities; and develop economic b ran ch es in a

su stain ab le m an n er in o rd er to co n trib u te to national construction The legal p roperty of in d iv id u als and

o rganizations engaged in in v estm en t, production or

b u sin ess activities is protected by law an d is not subjected

to nationalization

A r tic le 52

institutions, regulate the economy on the basis of respect for

m arket rules: delegate, devolve and decentralize the powers

in the state m anagem ent; promote regional economic links, and ensure the unity of the national economy

Land, w a te r resources, m ineral resources, resources in

th e sea and airspace, o th er n a tu ra l resources, and

p ro p erty m anaged or invested in by the S tate are public property, owned by all th e people, and rep resen ted and uniform ly m anaged by the State

A r tic le 54

1 L and is a special n atio n al resource and an

im p o rta n t resource for n atio n al developm ent, and is

m anaged in accordance w ith law

2 The S tate shall allocate or lease land to, and recognize land use rig h ts of, organizations and individuals Land u sers m ay tra n sfe r land use rights, exercise th eir rights, and perform th e ir obligations in accordance w ith law L and use rig h ts shall be protected by law

3 The S ta te m ay recover land cu rren tly used by

o rganizations or in d iv id u als in case of extrem e necessity prescribed by a law for n atio n al defense or security purposes; or socio-economic developm ent in th e n atio n al

or public in te re st L and recovery m u st be public and tra n sp a re n t, an d com pensation m u st be paid in accordance w ith th e law

4 The S ta te m ay req u isitio n land in cases of extrem e necessity prescribed by a law to perform n atio n al defense

an d secu rity ta sk s or d u rin g a s ta te of w ar or a sta te of

em ergency, or in response to a n a tu ra l disaster

A r tic le 53

1 The s ta te budget, n ational reserve, s ta te financial funds an d o th er public financial resources m u st be uniform ly m anaged by th e S tate and sh all be used in an efficient, fair, public, tra n s p a re n t and law ful m anner.

2 The sta te budget consists of th e ce n tra l budget and local budgets, in w hich th e cen tral budget plays the leading role and en su res n a tio n a l spending needs S tate budget rev en u es and ex p en d itu res m u st be estim ated and

m u st be prescribed by a law

3 The n atio n al m onetary u n it is th e V ietnam dong The S ta te shall en su re th e stab ilizatio n of the national currency value

A r tic le 56

Agencies, organizations an d in d ividuals sh all practice

th rift and com bat w aste, and p rev en t an d fight corruption

in socio-economic activities and the sta te m anagem ent

A r tic le 58

1 The S tate and society shall m ake in v e stm e n ts to

A r tic le 55

fu rth e r the protection of and care for the People’s health,

im p lem en t th e u n iv ersal h e a lth insurance, and adopt policies to prioritize h e a lth care for ethnic m inority people and people living in m ountainous areas, on islands, and in are as th a t have extrem ely difficult socio-economic conditions

2 The S tate, society and fam ily are responsible for protecting and caring for th e h e a lth of m others and children, an d for fam ily planning

A r tic le 59

1 The S tate and society shall honor, commend, reward, and im plem ent preferential tre atm e n t policies to, people who have rendered m eritorious service to the country

2 The S tate shall create equal opportunities for citizens

to enjoy social welfare, develop the social security system, and adopt policies to support elderly people, people with disabilities, poor people, and other disadvantaged people

3 The S ta te sh all adopt housing developm ent policies and create th e conditions for everyone to have his or h er own home

A r tic le 60

1 The S ta te and society shall care for th e creation and

d e v e l o p m e n t of an advanced V ietnam ese culture th a t is deeply im bued w ith th e n atio n al iden tity and h as absorbed th e c u ltu ra l quintessence of hum anity

2 The S ta te and society sh all develop lite ra tu re and

th e a r ts in order to m eet the diverse an d h e a lth y sp iritu a l needs of th e People; an d develop th e m ass m edia to m eet

th e People’s dem ands for inform ation an d to serve

n atio n al construction and defense

3 The S ta te an d society sh all create an environm ent for building prosperous, progressive and happy Vietnamese fam ilies, an d developing V ietnam ese people w ith good

h e a lth , c u ltu ra l q ualities, p atrio tism , a sp irit of solidarity,

a sense of m astery an d civic responsibility

A r tic le 61

*

1 To develop education is a top n atio n al policy th a t aim s to in crease public in tellectu al s ta n d a rd s, develop

h u m a n resources, and n u rtu re ta le n te d people

2 The S ta te sh all prioritize in v estm en t in, and a ttra c t

o th er in v estm en t sources for, education; care for p re ­school education; an d e n su re free com pulsory p rim ary education; g radually un iv ersalize secondary education; develop h ig h er education and vocational education; and

im plem ent reasonable scholarship and school fee policies

3 The S ta te sh all prioritize th e developm ent of education in m ountainous areas, on islands, in ethnic

m inority areas, and in a re a s th a t have extrem ely difficult socio-economic conditions; prioritize th e em ploym ent and developm ent of ta le n te d people; and create the conditions for people w ith d isab ilities and poor people to receive education and vocational train in g

1- To develop science and technology is a top n atio n al policy, playing the key role in n atio n al socio-economic developm ent.

2 The State shall prioritize investm ent in, and

encourage organizations and individuals to in v est in, research , developm ent, tra n s fe r and effective application

of scientific and technological achievem ents; g u aran tee

th e rig h t to conduct scientific and technological research; and pro tect in te lle c tu a l pro p erty rights

3 The S ta te sh a ll create th e conditions for everyone to

p artic ip a te in, an d to enjoy th e benefits from, scientific and technological activities

A r tic le 63

1 The S tate shall adopt environm ental protection policies; m anage and use n a tu ra l resources in an efficient and sustainable m anner; conserve n a tu re and biodiversity; and take the initiative in preventing and controlling n a tu ra l disasters and responding to clim ate change

2 The S ta te sh all encourage all activities for

en v iro n m e n ta l protection an d th e developm ent and use of new energy an d renew able energy

3 O rg an izatio n s and individuals th a t cause

en v iro n m e n ta l pollution, n a tu ra l resource exhaustion or biodiversity depletion shall be strictly punished and shall rectify and com pensate for dam age

A r tic le 62

Chapter rv

D E FE N SE OF THE FATH ERLAND

A r tic le 64

To defend th e socialist V ietnam ese F a th e rla n d is the

m ission of all th e people

The S ta te shall consolidate an d stre n g th e n national defense by all th e people and th e people’s security, with the people’s arm ed forces as th e core; and fully utilize the

to tal stre n g th of th e country to defend firm ly the

F ath erla n d , thereby co n trib u tin g to protecting peace in the region and around the world

All agencies, organizations and citizens shall fulfill

th e ir n atio n al defense and security tasks

A r tic le 65

The people’s arm ed forces sh all show absolute lovaltv

to th e F ath erla n d , th e People, th e P a rty and th e State; protect th e independence, sovereignty, u n ity and

te rrito ria l in teg rity of th e F a th e rla n d , n atio n al security, and social order and safety; safeguard th e People, the

P arty, th e S tate and the socialist regime; and join the

perform ance of in te rn a tio n a l duties

A rtic le 66

The S tate shall build a revolutionary People’s Army

th a t is reg u lar, w ell-trained and gradually modernized,

w hich h as an ap p ro p riate p e rm an en t force, a large and pow erful reserve force, and a strong and extensive self- defense and m ilitia force, as th e core for perform ing

n a tio n a l defense tasks

A r tic le 67

T he S ta te sh a ll b u ild a rev o lu tio n a ry People’s Public

S ecu rity force t h a t is re g u la r, w ell-train ed and

g ra d u a lly m odernized, as th e core to safeg u ard n a tio n a l secu rity , e n s u re social o rd e r an d safety, an d p re v e n t

im plem ent policies reg ard in g m ilitary fam ilies; en su re the

m a t e r i a l a n d s p i r i t u a l liv e s o f t h e officers, soldiers,

w orkers and em ployees co n sisten t w ith the n a tu re of the activities of th e People’s Army and People’s Public

S ecurity force; and build powerful people’s arm ed forces and unceasingly stre n g th e n th e ir national defense capability

The N ational A ssem bly sh all exercise constitutional and legislative powers, decide on im p o rta n t issues for the country, and conduct th e suprem e oversight over the activities of th e S tate.

N ational Assembly; to review work rep o rts of the

P resident, S tan d in g C om m ittee of th e N ational Assembly,

G overnm ent, Suprem e People's Court, Suprem e People's Procuracy, N ational Election Council, S ta te A udit Office, and o th er agencies estab lish ed by th e N atio n al Assembly;

3 To decide on th e co u n try ’s m ajor goals, targ ets, policies and ta sk s for socio-economic developm ent:

4 To decide on fu n d am en tal n atio n al financial and

m onetary policies; to introduce, change or abolish taxes: to

decide on th e division of revenues and expenditures betw een th e cen tral and local budgets; to decide on the safe lim its for national, public and governm ent debts; to decide on sta te budget e stim ates and the allocation of the

c e n tra l budget; and to approve th e final accounts of the sta te budget;

5 To decide on sta te policies on ethnicities and religion;

6 To re g u la te th e organization and operation of the

N ational Assem bly, P resid en t, G overnm ent, People's Courts, People's Procuracies, N ational Election Council,

S tate A udit Office, local ad m in istratio n s, and other agencies e sta b lish ed by th e N ational Assembly;

7 To elect, relieve from duty or rem ove from office the President, Vice P resid en ts, C hairperson and Vice

C hairpersons of th e N atio n al Assembly, m em bers of th e

S tan d in g C om m ittee of th e N atio n al Assembly,

C hairperson of th e E thnic Council, C hairpersons of the Com m ittees of th e N atio n al Assembly, P rim e M inister, Chief Ju stic e of th e S uprem e People's Court, P ro cu rato r

G eneral of th e S uprem e People's Procuracy, C hairperson

of th e N atio n al Election Council, S ta te A uditor G eneral, and h ead s of o th e r agencies estab lish ed by th e N ational Assembly; to approve proposals on th e appointm ent, relief from duty or d ism issal of th e D eputy P rim e M inisters,

M in isters or o th er m em bers of th e G overnm ent, and

Ju d g es of th e S uprem e People’s Court; an d to approve the lists of m em bers of th e N ational Defense and Security

C o u n c il an d th e N ational Election Council

A fter being elected, th e P resid en t, C h a i r p e r s o n of the

N a tio n al Assembly, P rim e M inister, an d C h ie f J u s t i c e of

th e S uprem e People’s C ourt sh all ta k e an o ath of loyalty

to t h e F a th e rla n d , t h e People a n d t h e C o n s t i t u t i o n :

8 T o c o n d u c t v o t e s o f c o n f id e n c e o n p e r s o n s h o ld in g positions elected or approved by th e N atio n al Assembly;

9 To decide on th e estab lish m en t or abolition of

m in istries or m inisterial-level agencies of the Government;

to establish, dissolve, consolidate, separate or adjust the

ad m in istrativ e boundaries of, provinces, centrally run cities an d special administrative-economic units; or to estab lish or abolish other agencies in accordance with the

C onstitution and law;

10 To an n u l docum ents of the President, Standing

C om m ittee of th e N ational Assembly, Government Prime

M inister, S uprem e People's Court and Suprem e People's

P rocuracy th a t contravene the Constitution, laws or reso lu tio n s of th e N ational Assembly;

11 To decide on a general am nesty;

12 To s tip u la te th e title s and ra n k s in the people's arm ed forces, diplom atic title s and ran k s, and other state title s a n d ran k s; to in stitu te orders, m edals, and state

ho n o rary titles;

13 To decide on issues of w ar and peace; to determ ine

s ta te s of em ergency and o th er special m easu res to ensure

n atio n al defense an d security;

14 To decide on fu n d am en tal foreign policies- to ratify

or decide on the accession to, or w ithdraw al from, tre a tie s

related to war, peace, n atio n al sovereignty or the

m em bership of th e Socialist Republic of V ietnam in

im p o rta n t in te rn a tio n a l and regional organizations, tre a tie s on h u m an rig h ts or fund am en tal rig h ts and obligations of citizens, and o th er tre a tie s th a t are not

co n sisten t w ith the law s or resolutions of the N ational Assembly;

15 To decide to hold referenda

A r tic le 71

1 The term of th e N ational Assem bly is five years

2 Sixty days before th e expiration of the term of the

N ational Assem bly, a new N atio n al Assem bly m u st be elected

3 In special cases, th e N atio n al Assem bly may decide

to sh orten or extend its term , a t th e proposal of the

S tanding C om m ittee of th e N atio n al Assembly, if a t least

tw o-thirds of th e to tal n u m b er of the N ational Assem bly deputies vote for it The extension of th e term of the

N ational Assem bly m u st not exceed twelve m onths, except

in w artim e

A r tic le 72

The C h airp erso n of the N ational Assembly shall preside over N atio n al Assem bly sessions; a u th e n tic a te by his or h e r sig n a tu re the C onstitution, law s and resolutions of the N ational Assembly; lead the work of the

S tan d in g C om m ittee of the N ational Assembly; organize

th e conduct of th e ex tern al relatio n s of th e N ational Assembly; an d m ain tain a re latio n sh ip w ith N ational

A ssem bly deputies

Vice C hairpersons of th e N ational A ssem bly shall

a s sist th e C hairperson in his or h e r work as assigned by

th e C hairperson

A r tic le 73

1 The S tan d in g C om m ittee of th e N ational Assembly

is th e p e rm a n e n t body of th e N ational Assembly

2 The S tan d in g C om m ittee of th e N ational Assembly

is composed of th e C hairperson, Vice C h airp erso n s and

m em bers

3 The n u m b er of m em bers of th e S tan d in g Com m ittee

of th e N ational Assem bly shall be decided by th e N ational Assembly A m em ber of th e S tan d in g C om m ittee of the

N ational Assem bly m ay not concurrently be a m em ber of

th e G overnm ent

4 The S tan d in g C om m ittee of th e N ational Assembly

sh all perform its ta sk s and exercise its powers u n til a new

S tan d in g Com m ittee is elected by th e succeeding N ational Assembly

A r tic le 74

The S tan d in g Com m ittee of th e N ational Assem bly has

th e following ta sk s and powers:

1 To prepare, convene and preside over sessions of the

N ational Assembly;

2 To en act ordinances on issues assigned to it by the

N ational Assembly; to in te rp re t th e C onstitution, laws

an d ordinances;

3 To oversee the im plem entation of the C onstitution, law s an d resolutions of the N ational Assem bly and ordinances and resolutions of th e S tan d in g C om m ittee of the N atio n al Assembly; to oversee the activities of the

G overnm ent, Suprem e People's Court, Suprem e People's Procuracy, S ta te A udit Office, and other agencies established by th e N ational Assembly;

4 To su sp en d th e im p lem en tatio n of docum ents of the

G overnm ent, P rim e M inister, S uprem e People's C ourt or

C onstitution, or law s or resolutions of th e N ational Assembly, and refer those docum ents to th e N ational Assembly to decide on th e ir a n n u lm e n t a t the next session; to a n n u l docum ents of th e G overnm ent, Prim e

M inister, Suprem e People's C ourt or Suprem e People's Procuracy th a t contravene ordinances or resolutions of the

S tanding C om m ittee of the N ational Assembly;

5 To direct, h arm onize an d coordinate th e activities of the E thnic Council and th e C om m ittees of the N ational Assembly; to guide and e n su re th e conditions for th e work

of N ational A ssem bly deputies;

6 To propose th e N ational Assem bly to elect, relieve

C h airperson or Vice C hairpersons of the N ational Assembly, m em bers of th e S tan d in g Com m ittee of the

N ational Assembly, C hairperson of th e E thnic Council,

C h airpersons of th e C om m ittees of th e N ational Assem bly, C hairperson of th e N ational Election Council,

or S ta te A uditor G eneral;

7 To supervise an d guide th e work of th e People’s Councils; to a n n u l resolutions of th e People’s Councils of provinces or cen trally ru n cities th a t contravene the

C onstitution, law s or docum ents of sta te agencies at

h ig h er levels; to dissolve th e People's Councils of provinces or cen trally ru n cities in case th ey cause senous dam age to th e in te re sts of th e People;

8 To decide on th e esta b lish m en t, dissolution, consolidation, separatio n , or ad ju stm e n t of th e boundaries

of, th e ad m in istrativ e u n its u n d e r th e provinces or cen trally ru n cities;

9 To decide to declare a s ta te of w ar in case the

N ational Assem bly cannot m eet, an d rep o rt it to the

N ational Assem bly for decision a t its n ext session:

10 To decide on general or p a rtia l m obilization; to declare or cancel a s ta te of em ergency th ro u g h o u t the country or in a p a rtic u la r locality;

11 To conduct the ex tern al relatio n s of th e N ational Assembly;

12 To approve proposals on th e ap p o in tm en t or relief from duty of am b assad o rs e x tra o rd in a ry and

p len ip o ten tiary of the Socialist Republic of V ietnam

13 To organize referen d a in p u rsu an ce to decisions of the N ational Assembly

2 The E thnic Council sh all study and m ake proposals

on ethnic issues to th e N ational Assembly; exercise the power of overseeing th e im plem entation of policies on ethnic groups, program s and plans for socio-economic developm ent in m o u n tain o u s an d ethnic m inority areas

3 The C h airp erso n of th e E thnic Council may be invited to a tte n d G overnm ent m eetings to discuss the-

im plem entation of policies on ethnic groups The

G overnm ent sh a ll consult the E thnic Council before prom ulgating reg u latio n s on th e im p lem en tatio n of policies on ethnic groups

4 The E thnic Council h a s ad d itio n al ta sk s and powers sim ilar to those of the C om m ittees of th e N ational Assembly se t o u t in clause 2, A rticle 76

A r tic le 76

1 A C om m ittee of the N ational Assembly is composed

of th e C hairperson, Vice C hairpersons and m em bers

C h a i r p e r s o n s o f t h e C om m ittees s h a ll b e e le c te d b y t h e

N a t i o n a l A s s e m b ly ; Vice C hairpersons and m e m b e r s o f

th e C om m ittees sh all be approved by th e S ta n d in g

C om m ittee of th e N ational Assembly

2 The C om m ittees of th e N ational A ssem bly shall verify d ra ft laws, proposals on law s, o th e r d rafts, and

re p o rts as assigned by th e N atio n al A ssem bly or the

S tan d in g C om m ittee of th e N atio n al Assembly: exercise

th e oversight pow er w ith in th e scope of th e ir pow ers and

ta sk s prescribed by a law; and m ake proposals on issues

th a t fall w ith in th e scope of th e ir activities

3 The esta b lish m e n t or dissolution of th e Com m ittees

sh all be decided by th e N atio n al Assembly

A r tic le 77

1 The Ethnic Council or the Com m ittees of the National Assembly may request m em bers of the G overnm ent, Chief Justice of the Suprem e People's Court, P rocurator General

of the Suprem e People's Procuracy, S tate A uditor G eneral or concerned individuals to m ake reports, give explanations or provide docum ents on necessary m atters The persons who receive requests shall respond

2 S ta te agencies sh all stu d y and respond to the

C om m ittees of th e N atio n al Assembly

A r tic le 78

The N ational A ssem bly may, as necessary, e sta b lish

an ad-hoc C om m ittee to stu d y and verify a certain project

or investigate a ce rta in issue

1- A N ational Assem bly deputy shall rep resen t the will and asp iratio n s of the People of his or h er constituency and of the whole country.

2 A N atio n al Assem bly deputy shall m ain tain close ties w ith voters and su b m it to th e ir supervision; collect and tru th fu lly convey th e ir views and asp iratio n s to the

organizations; m eet an d re p o rt to the voters on his or her activities and activ ities of th e N ational Assembly; respond

to th e req u e sts a n d p etitio n s of voters; m onitor and p r e s s for the se ttle m e n t of com plaints and denunciations, and guide and a ssist in th e exercise of the rig h t to com plaint

or denunciation

3 A N ational A ssem bly deputy sh all inform th e People

of, and mobilize th em to im plem ent, th e C onstitution and laws

A r tic le 80

1 N ational Assem bly d eputies have th e rig h t to raise questions to th e P resid en t, C hairperson of th e N ational Assembly, P rim e M inister, M inisters an d o th er m em bers

of the G o v e r n m e n t , Chief Ju stic e of th e Suprem e People's

C ourt P r o c u r a t o r G eneral of th e S uprem e People's Procuracy or S ta te A uditor G eneral

2 The questioned persons shall p resen t th e ir an sw ers before th e N ational Assembly a t a session of the N ational

A rtic le 79