Môi giới chuyên nghiệp
Đăng xuất
In the course of their millennia-old history, the Vietnamese people, working diligently, creatively, and fighting courageously to build their country and defend it, have forged a tradition of unity, humanity, uprightness, perseverance and indomitableness for their nation and have created Vietnamese civilization and culture.
Starting in 1930, under the leadership of the Communist Party of Vietnam formed and trained by President Ho Chi Minh, they waged a protracted revolutionary struggle full of hardships and sacrifices, resulting in the triumph of the August Revolution. On 2 September 1945, President Ho Chi Minh read the Declaration of Independence and the Democratic Republic of Vietnam came into existence. In the following decades, the people of all nationalities in our country conducted an uninterrupted struggle with the precious assistance of friends throughout the world, especially the socialist countries and the neighbouring countries, achieved resounding exploits, the most outstanding ones being the historic Dien Bien Phu and Ho Chi Minh campaigns, defeated the two wars of aggression by the colonialists and the imperialists, liberated the country, reunified the motherland, and brought to completion the people's national democratic revolution. On 2 July 1976, the National Assembly of reunified Vietnam decided to change the country's name to the Socialist Republic of Vietnam; the country entered a period of transition to socialism, strove for national construction, and unyieldingly defended its frontiers while fulfilling its internationalist duty.
In successive periods of resistance war and national construction, our country adopted the 1946, 1959, and 1980 Constitutions.
Starting in 1986, a comprehensive national renewal advocated by the 6th Congress of the Communist Party of Vietnam has achieved very important initial results. The National Assembly has decided to revise the 1980 Constitution in response to the requirements of the new situation and tasks.
This Constitution establishes our political regime, economic system, social and cultural institutions; it deals with our national defence and security, the fundamental rights and duties of the citizen, the structure and principles regarding the organization and activity of State organs; it institutionalizes the relationship between the Party as leader, the people as master, and the State as administrator.
In the light of Marxism-Leninism and Ho Chi Minh's thought, carrying into effect the Programme of national construction in the period of transition to socialism, the Vietnamese people vow to unite millions as one, uphold the spirit of self-reliance in building the country, carry out a foreign policy of independence, sovereignty, peace, friendship and cooperation with all nations, strictly abide by the Constitution, and win ever greater successes in their effort to renovate, build and defend their motherland.
THE SOCIALIST REPUBLIC OF VIETNAM, POLITICAL REGIME
All Party organisations operate within the framework of the Constitution and the law.
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 comprehensive development and gradually raises the material and spiritual living conditions of the national minorities.
Democratic centralism is the principle governing the organisation and activity of the National Assembly, the People's Councils, and all other State organs.
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.
The State shall create favourable conditions for the effective functioning of the Fatherland Front and its component organisations.
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 violations 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.
The Vietnamese motherland is sacred and inviolable.
All machinations and acts directed against the independence, sovereignty, unity, and territorial integrity of the motherland, against the construction and defence of the socialist Vietnamese motherland, shall be severely punished in accordance with the law.
The State shall entrust land to organisations and private individuals for stable and lasting use.
These organisations and individuals are responsible for the protection, enrichment, rational exploitation and economical use of the land; they may transfer the right to use the land entrusted to them by the State, as determined by law.
The State-run enterprises enjoy autonomy in production and trading and shall guarantee that production and trading are to yield effective results.
The State shall create favourable conditions for consolidating and broadening the cooperatives and allowing them to operate efficiently.
Encouragement shall be given to the development of the family economy.
Enterprises belonging to all components of the 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.
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 against compensation, taking into account current market prices.
The formalities of the forcible purchase or requisition shall be determined by law.
The State creates favourable conditions for Vietnamese residing abroad to invest in the country.
The State shall practise economy in all its economic, social and managerial activities.
The State shall enact policies protecting the rights and interests of the producers and the consumers.
All acts likely to bring about exhaustion of natural wealth and to cause damage to the environment are strictly forbidden.
CULTURE, EDUCATION, SCIENCE, AND TECHNOLOGY
The State undertakes the overall administration of cultural activities. The propagation of all reactionary and depraved thought and culture is forbidden; superstitions and harmful customs are to be eliminated.
The State shall make investments for the promotion of culture, literature and art; it shall create favourable conditions for the people's enjoyment of valuable literary and artistic works; it shall give its patronage to creative talent in literature and the arts.
The State shall promote diversity in literary and artistic activity; it shall give encouragement to mass literary and artistic activities.
All acts in infringing historical vestiges, revolutionary relics, art works and places with beautiful scenery are strictly forbidden.
Education and training are top-priority policies.
The State develops educational 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.
The State shall ensure the harmonious development of the educational system: pre-school education, general education, vocational training, college and post-graduate education; it shall enforce the generalisation of primary education, eliminate illiteracy; it shall develop various educational institutions: State-run schools, people-run schools, and others.
The State gives priority investment to education 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, teenagers and children.
Priority is given to the programme of health care for highlanders and national minorities.
It is strictly forbidden to private organisations and individuals to dispense medical treatment, to produce and trade in medicaments illegally, thereby damaging the people's health.
The State exercises overall management for the development of physical culture and sports; it shall establish a regime of compulsory physical culture in the school; it shall give encouragement and assistance to various forms of physical culture and sports activity freely practised by the people; it shall create the necessary conditions for the unceasing expansion of mass activity in physical culture and sports; it shall pay attention to activities in professional sports and to the fostering of sports talent.
DEFENCE OF THE SOCIALIST VIETNAMESE MOTHERLAND
The State shall consolidate and strengthen national defence by the entire people and the people's security, the people's armed forces being regarded as the core, and shall develop to the full the aggregate strength of the country to defend the national territory.
All State organs, economic bodies, social organisations and all citizens shall fulfil all their national defence and security obligations as laid down by the law.
FUNDAMENTAL RIGHTS AND DUTIES OF THE CITIZEN
A citizen of the Socialist Republic or Vietnam is a person with Vietnamese nationality.
The citizen's rights are inseparable 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 determined by the Constitution and the law.
All citizens are equal before the law.
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.
The State shall enact policies and establish regimes for the protection of labour.
The State shall establish working times, wage scales, regimes of rest and social insurance for State employees and wage-earners; it shall encourage and promote other forms of social insurance for the benefit of the working people.
The citizen enjoys freedom of enterprise as determined by law.
The State protects the citizen's right of lawful ownership and right of inheritance.
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 education 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 regarding tuition fees and scholarships.
The State and society shall create the necessary conditions for, handicapped children to acquire general knowledge and appropriate job training.
The citizen is entitled to a regime 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, store and use unlawfully opium and other narcotics. The State shall enact regulations on compulsory treatment of drug addiction and treatment of dangerous social diseases.
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 are State employees and wage-earners shall enjoy paid pre- natal and post-natal leaves during which they shall receive all their wages and allowances as determined by law.
The State and society shall create all necessary conditions for women to raise their qualifications in all fields and fully play their roles in society, they shall see to the development of maternity homes, pediatric departments, 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, enjoy periods of rest and fulfill their maternal duties.
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 after their parents and grandparents.
The State and society shall recognize no discrimination among children.
Children enjoy protection, care and education by the family, the State and society.
Individuals and families credited with meritorious 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.
The places of worship of all faiths and 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 the law and State policies.
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 Supervision and Control except in case of flagrant offenses. Taking a person into, or holding 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.
Any person who has been arrested, held in custody, prosecuted, brought to trial in violation of the law shall be entitled to damages 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.
The citizen is entitled to the inviolability of his domicile.
No one can enter the domicile of another person 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.
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 damages for any material harm suffered and his reputation rehabilitated.
It is strictly forbidden to take vengeance 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.
The State shall protect the legitimate interests 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.
The citizen must show loyalty to his motherland.
To betray one's motherland is the most serious crime.
It is the sacred duty and the noble right of the citizen to defend his motherland.
The citizen must fulfill his military obligation and join in the all-people national defense.
The citizen has the duty to respect and protect the properly of the State and the public interest.
The National Assembly is the only organ with 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 activity 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.
The National Assembly has the following 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 conformity 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 the National Assembly, the Government, the Supreme People's Court, the Supreme People's Office for Supervision and Control;
3. To decide the country's plan for socio-economic development;
4. To decide the national financial and monetary policies; to decide the draft State budget and budgetary appropriations; to approve 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 People's Court, the Head of the Supreme People's Office of Supervision and Control; 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 office of Deputy Prime Ministers, Cabinet Ministers and other members of the Government;
8. To set up or suppress government ministries and government organs of ministerial rank; to establish, merge, divide, or adjust 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 Assembly, the Government, the Prime Minister, the Supreme People's Court, and the Supreme People's Office of Supervision and Control, that run counter 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 external 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.
The duration of each National Assembly is five years.
Two months before the end of its tenure, a new National Assembly shall have been elected. The electoral procedure and the number of members of the National Assembly shall be established by law.
In special cases, with the approval of at least two-thirds of its members, the National Assembly can either reduce or prolong its period of tenure.
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 Assembly, or in pursuance of its own decision, the Standing Committee may convene an extraordinary session of the National Assembly.
The first session of the newly-elected National 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.
Members of the National Assembly may present 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.
Laws and resolutions of the National Assembly must be made public fifteen days after their adoption at the latest.
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 Committee shall be determined by the National Assembly. A member of the Standing Committee of the National Assembly cannot be at the same time a member of the Government.
The Standing Committee of each legislature shall fulfil its tasks and exercise its powers until the election by the new legislature of a new Standing Committee.
Following are the duties and powers of the Standing Committee of the National Assembly:
1. To call and preside over the election of the National Assembly,
2. To prepare for, to convene, and preside over the sessions of the National Assembly;
3. To interpret the Constitution, 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 over 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 execution of the formal written orders of the Government, the Prime Minister, the Supreme People's Court, the Supreme People's Office of Supervision and Control, that contravene the Constitution, the law, the resolutions of the National Assembly; 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 direct 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 the 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 between sessions of the National Assembly, to sanction proposals of the Prime Minister concerning the 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 sessions of the National Assembly, to proclaim the state of war in case of foreign aggression 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.
The Vice-Chairmen of the National Assembly shall assist the Chairman in the fulfilment of his duties as required by him.
The Nationalities Council studies and makes 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 meetings of the Government at which are discussed ways of putting into effect policies on nationalities.
The Nationalities Council has also other duties and powers as assigned to the Committees of the National Assembly in Article 95.
A number of members of the Nationalities Council are in charge of special tasks.
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 drafts, 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 legislative programmes; exercise supervision and control within the bounds determined by law; make proposals concerning issues within their fields of activity.
A number of members of each Committee are in charge of special tasks.
It is the responsibility of State organs to examine and answer the proposals made by the Nationalities Council and the Committees of the National Assembly.
The deputy to the National Assembly must maintain close ties with the electors; submit himself to their control; collect and faithfully reflect their views and aspirations for the consideration of the National Assembly and the State organs concerned; maintain regular contacts with and make reports to the electors 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 denunciations are dealt with, and give guidance and assistance to citizens seeking to exercise their rights.
The deputy to the National Assembly shall popularise and urge the people to implement the Constitution, laws and resolutions of the National Assembly.
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 sessions, or may allow the answer to be given in writing.
The deputy to the National Assembly has the 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 people in charge of those organs, organisations, bodies and units have the responsibility to answer questions put by the deputy within the time limit set by the law.
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.
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 the money necessary to his activities.
The country's President shall be elected by the National Assembly from among its members.
He is responsible to the National Assembly 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 President of the country is elected by the new legislature.
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 forces 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 National Assembly or its Standing Committee to appoint, release from duty, or dismiss the Deputy Prime Ministers, Cabinet Ministers and other members of the Government;
5. On the basis of resolutions of the National Assembly or its Standing Committee to proclaim a state of war; to proclaim an amnesty;
6. On the basis of resolutions of the Standing 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 their adoption; if those decree-laws and resolutions are again passed by the Standing 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 State 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 extraordinary 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.
The country's President shall propose a list of members of the National Defence and Security Council to the approval of the National 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 shall operate as a collegium and take its decisions by a vote of the majority.
Whenever he deems it necessary he can attend meetings of the Government.
The country's Vice-President shall be elected by the National Assembly from among its members.
He shall assist the President in the performance of his duties and may be delegated by him to perform certain tasks.
In case of vacancy of the Presidency, the Vice-President shall be acting President until the election of a new President by the National Assembly.
The Government shall carry out overall management of the work for the fulfillment of the political, economic, cultural, social, national-defense, security and external duties of the State; it shall ensure the effectiveness of the State apparatus 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 National Assembly and shall make its reports to the National Assembly, its Standing Committee, and the country's President.
The Prime Minister is accountable to the National Assembly and shall make his reports to the National Assembly, its Standing Committee, 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 Minister, one of his Deputies shall be delegated by him to direct the work of the government.
Following are the duties and powers 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 People's Councils in their implementation of the directives of superior organs of State 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 educational work among the people concerning the Constitution and the law;
3. To present draft laws, decree-laws and other 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 monetary policies; to manage and ensure the effective use of property in the ownership of the entire people; to promote the development of culture, education, health care, science and technology; to carry out the plan for socio-economic development and to give effect to the State budget;
5. To take measures to protect the rights and 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 general 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 bureaucratism 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 the Government; to direct the implementation of international agreements subscribed to or joined by the Socialist Republic of Vietnam; to protect the interests of the State and the legitimate interests of Vietnamese citizens and organisations in foreign countries;
9. To implement social policies, nationalities 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 their effective functioning.
Following are the duties and powers 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 dismiss 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 and directives of People's Councils and Chairmen of People's Committees of provinces 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 superior State organs; at the same time to propose to the Standing Committee of the National 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.
Major issues within the jurisdiction of the Government shall undergo collegial discussion and decisions shall be taken in conformity with the will of the majority.
On the basis of the Constitution, the law, and the resolutions of the National Assembly, the decree-laws and resolutions of the latter's Standing Committee, the orders and decisions of the country's President, the written orders of the Government and the Prime Minister, the Cabinet Ministers, the other Government members, the heads of government organs shall issue decisions, directives and circulars and shall control the execution of these formal written instructions by all branches, regions and grass roots units.
THE PEOPLE'S COUNCILS AND THE PEOPLE'S COMMITTEES
The administrative units of the Socialist Republic of Vietnam are distributed as follows:
The country is divided into provinces and 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 districts, rural districts, and towns;
The district is divided into communes and townlets; the provincial city and the town are divided into wards and communes; the urban district is divided into wards.
The establishment of People's Councils and People's Committees in administrative units is determined by law.
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.
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.
The Chairman of the People's Committee shall give leadership and operational guidance to the activities of the People's Committee.
When deciding major local matters, the People'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 Councils of a lower rank and at the same time propose to the People's Council at his own level to annul such resolutions.
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 organisations; shall listen to their opinions and proposals on local power building and socio-economic development; shall cooperate with them in urging the people to work together with the State for the implementation of socio-economic, national-defence, and security tasks in the locality.
THE PEOPLE'S COURT / OFFICE OF SUPERVISION AND CONTROL
Constitution Chapter Eleven
THE PEOPLE'S COURT
Under special circumstances, the National Assembly 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.
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 shall be determined by law.
During a trial the judges and assessors are independent and shall only obey the law.
The People's Courts shall hold their hearings in public, except in cases determined by law.
The People's Courts shall try their cases collegially and their decisions shall be in conformity with the will of the majority.
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 interests and contribute to the safeguarding of socialist legality.
The Supreme People's Court is the highest judicial 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 judicial work of Special Tribunals and other tribunals, unless otherwise prescribed by the National Assembly at the establishment of such Tribunals.
The President of the local People's Court is responsible to and makes his reports to the People's Council.
THE PEOPLE'S OFFICE OF SUPERVISION AND CONTROL
The local Offices of Supervision and Control and the Military Offices of Supervision and Control supervise and control obedience to the law and exercise the right to initiate public prosecution within the bounds of their responsibilities as prescribed by law.
The setting up of the Committee of Supervision and Control, the problems to be settled by the Head of the People's Office of Supervision and Control, the major issues to be discussed and settled by the Committee of Supervision and Control 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 Supervision and Control in military zones and areas shall be appointed, released from duty, or dismissed by the Head of the Supreme People's Office of Supervision and Control.
NATIONAL FLAG, ANTHEM, CAPITAL, AND NATIONAL DAY
The capital of the Socialist Republic of Vietnam is Ha Noi
The day of the Declaration of Independence, the Second of September 1945, is the National Day.
Constitution Chapter Twelve: Effect of the Constitution and Amendments
All other legal documents must conform to the Constitution.
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.
