Constitution of the socialist Republic of Vietnam
The Constitution of the socialist Republic of Vietnam (Hiến pháp Cộng hòa Xã hội Chủ nghĩa Việt Nam) is current the Constitution Vietnam, adopted on April 15th 1992 by the eighth National Assembly of Vietnam.
Constitutional history of Vietnam
Vietnam knew four different constitutions. The three first never were completely applied because of war or of a disproportionate ambition. They thus had a rather weak influence on the life of Vietnamese.The relatively high number of constitution in one half-century is explained by the animated History of Vietnam. Moreover, according to the theory Marxist-Leninist, the right is the superstructure and must adapt to infrastucture, i.e. L economy.
Constitution of the Democratic republic of Vietnam of 1946
She was adopted on November 9th 1946, in the context of the beginning of the First War of Indo-China of independence. Its promulgation was an intended political act has to show the independence of Vietnam in the world.
It is marked by the influence of the French and American constitutions.
Constitution of the Democratic republic of the Vietnam of 1959
She was adopted on January 1st 1960, in the context of the Guerre of Vietnam
It really applied forever because of the wars. It is marked for the Soviet influence.
The South Vietnam also had a constitution very marked by the Constitution of the United States.
Constitution of the socialist Republic of the Vietnam of 1980
It was adopted on December 9th 1980, in order to take into account the reunification of 1975. It is also marked by the consolidation of after Third War of Indo-China of 1979 against Kampuchea and China.
It is influenced by the rights of the USSR and China. She sees Vietnam changing name to integrate the socialist term . This constitution was extremely ambitious and gave obligations at the Vietnamese State which it could not fill like the full employment or prosperity for all.
Constitution of the socialist Republic of the Vietnam of 1992
It was adopted on April 15th 1992. It is the consequence of the policy of economic liberalization started in 1986. It was revised in an important way in 2001.
Contents of the Constitution
The preamble
The preamble to the Constitution points out the recent history of Vietnam and seeks to unify it with the history of the Vietnamese Communist party. Indeed, it is a question of justifying the capacities of the party by its role in the construction and the emancipation of the nation Vietnamese.For the first time, the Constitution refers to the thought Ho Chi Minh and more only to the doctrines Marxist-Leninist. That expresses volontée of Vietnam to affirm her originality compared to the other socialist countries.
Chapter I - The political regime
The Constitution affirms the democratic character of the mode and the rule of law (Article 2). Article 7 affirms the principle of the elections by the vote for all, equal, direct and secret.
The classes composing the people are the working class, but also the farming community under L influences Maosime. The Constitution included for the 1st time intelligentsia, which expresses an easing of the mode in the direction of the Confucianisme.
The Constitution does not recognize the Séparation of the capacities in accordance with the socialist doctrines which preach a plain State and centralize.
The article article 4 affirms the role of leader of the Vietnamese Communist party, avant-garde of the working class Vietnamese, guided by the Marxism-Leninism. The party coordinates the official bodies thus and determines the great political orientations. The policy of the Party must be followed even when it was not transcribed in the law.
The Constitution also refers to the Front of the Fatherland of Vietnam and to the trade unions. These organizations are not describe in detail in the Constitution.
Chapter II - The economic system
According to the Leninist Marxist theory, the economy must be controlled by the policy and the right. The economic mode must thus be mentions in the Constitution.The Vietnamese State describes its economic system as a socialist system directs towards the market. The constitution thus considers that the property of the whole people and the collective ownership constitute the base of the economic mode while recognizing the private property.
According to article 17, the land ownership is exclusively official. The private individuals have only the right to use the ground. However, this right became very near to the property right since it can be sold.
Chapter III - Culture, education, science and technology
These matters appeared for the 1st time in the Constitution of 1980.
These provisions are very general and have a role plus symbolic system that a real legal authenticity.
Chapter V - Rights and obligations fundamental of the citizens
The Constitution Vietnamese issues very a large range of civic rights considered as indissociable of the civic obligations (Article 51).
The constitution of 1946 protected already certain rights. Their number has considerably increases in the following constitutions in particular in the constitution of 1980 which promised the right to health and food without the State not being able to offer them.
One finds the majority of the rights guaranteed in the Western democracies: equality in front of the law, property right, Right to vote, sexual equality, Freedom of the press, religion, right to meet… The arbitrary arrests and the Torture are prohibited.
Influence by the Confucianisme, the family is described like the cell of the company (Article 64). The parents have the duty to take care of their children, then those their parents.
The obligations of the citizens include/understand the obligation to defend the fatherland, to pay its taxes, of respect of the law.
See also Human rights in Vietnam
Institutions
The Constitution describes the principal official bodies. The Vietnamese right does not recognize the principle of separation of the capacities. Sovereignty belongs exclusively to the National Assembly. However one cannot include/understand Vietnamese political system SEN to take into account the role of the Vietnamese Communist party which is not described in detail in the constitution.-
Chapter VI the National Assembly
- Chapter VII the President of the State
- Chapter VIII the Government
- Chapter IX- the the popular Councils and the popular Committees
External bonds
Text of the constitutions
- Constitution of 1992 on the site of the International organization of the francophonie
- VII Constitution off the Democratic Republic off Vietnam C
- VII 1959 Constitution of 1959
- VII 1980 Constitution of 1980
Legal sites
- Vietnamese constitutional Law on jurispedia