Laws of Vietnam

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Article 1.- To amend and supplement the Preamble and a number of articles of the 1992 Constitution of the Socialist Republic of Vietnam:

"In the light of Marxism-Leninism and Ho Chi Minh’s thought, in furtherance of the Program for national construction in the period of transition to socialism, the Vietnamese people vow to bring into full play the tradition of patriotism, unite millions as one, uphold the spirit of self-reliance and self-improvement in the national construction, implement the foreign policy of independence, sovereignty, peace, friendship and cooperation with all countries, strictly abide by the Constitution, and win ever greater successes in the cause of renovating, building and defending the Fatherland."

The Socialist Republic of Vietnam State is a law-governed socialist State of the people, by the people and for the people. All State powers belong to the people and are based on the alliance between the working class, the peasantry and the intelligentsia.

The State powers are unified and decentralized to State bodies, which shall coordinate with one another in the exercise of the legislative, executive and judiciary powers."

Vietnam Fatherland Front and its member organizations constitute the political base of the people’s administration. The Front promotes the tradition of national solidarity, strengthens the people’s unity of mind in political and spiritual matters, participates in the building and consolidation of the people’s administration, joins the State in caring for and protecting the legitimate interests of the people, encourages people to exercise their right to mastery, to strictly abide by the Constitution and laws, supervise activities of the State agencies, people-elected representatives as well as State cadres, officials and employees.

The State creates conditions for the Fatherland Front and its member organizations to operate efficiently."

The State consistently implements the policy of developing a socialist-oriented market economy. The multi-sector economic structure with diversified forms of production and business organization is based on the regime of the entire people’s ownership, collective ownership and private ownership, in which the entire people’s ownership and collective ownership constitute the foundation."

All economic sectors are important constituents of the socialist-oriented market economy. Organizations and individuals of all economic sectors are allowed to conduct business and/or production activities in branches and trades not banned by law and to be jointly engaged in long-term development, cooperation and healthy competition according to law.

The State accelerates the formation, development and gradual improvement of markets of all kinds along the socialist orientation."

The family household economy is encouraged to develop."

The State encourages and creates favorable conditions for overseas Vietnamese to invest in the country."

The State exercises the unified management of cultural activities, strictly prohibits the popularization of reactionary and depraved thoughts and cultures, eliminates superstition and bad customs."

Development of education is a top national policy.

The State and the society develop education with a view to elevating the people’s intellectual standards, training human resources and fostering talents.

The aim of education is to form and nurture the personality, qualities and capabilities of citizens; to train laborers who are possessed of professional skills, dynamism, creativeness, national pride, good morality and the will to strive harder to contribute to making people prosperous and the country strong, meeting the requirements of the cause of building and defending the Fatherland."

The State develops in a balanced manner the educational system consisting of the pre-school education, the general education, the vocational education, the tertiary and postgraduate education; undertakes the universalization of the junior secondary education; develops forms of State-founded and people-founded schools as well as other educational forms.

The State prioritizes investment in education and encourages other sources of investment.

The State adopts the priority policy to ensure the educational development in mountainous areas, regions inhabited by ethnic minority people and regions encountering exceptional difficulties.

Mass organizations, first of all the Ho Chi Minh Communist Youth Union, social organizations, economic organizations and families shall, together with schools, have the responsibility to educate the youth, teenagers and children."

Science and technology play the key role in the cause of socio-economic development of the country.

The State works out and implements the national policy on science and technology; builds an advanced science and technology; synchronously develops sciences, studies and absorbs scientific and technological achievements in the world in order to build scientific grounds for the elaboration of lines, policies and legislation, renovate technology, develop production forces, raise the managerial skill level, ensure the quality and rate of economic development, and contribute to maintaining national defense and security."

The primary education is compulsory and dispensed free of charge.

Citizens have the right to get the general education and vocational education in various forms.

Pupils with aptitudes shall be provided by the State and the society with favorable conditions for study to develop their talents.

The State shall work out the policies on school fees and scholarship.

The State and the society shall create conditions for disabled children and other children in particularly difficult circumstances to get general education and appropriate vocational training."

The State encourages and creates conditions for overseas Vietnamese to preserve the Vietnamese cultural identity, maintain close ties with their families and native land, and contribute to national construction."

"4. To decide on the national financial and monetary policies; decide on the State budget draft and distribution of the central budget, approve the State budget settlement; set, change or abolish taxes;"

"5. To decide on the State’s policies on nationalities and policies on religions;"

"7. To elect, release from duty, remove from office the State President and Vice Presidents, the National Assembly Chairman and Vice-Chairmen as well as members of the National Assembly Standing Committee, the Prime Minister, the Chief Judge of the Supreme People’s Court, the Chairman of the Supreme People’s Procuracy; to ratify the Prime Minister’s proposals on appointment, release from duty and dismissal of deputy prime ministers, ministers and other members of the Government; ratify the State President’s proposals on the list of members of the Defense and Security Council; to cast vote of confidence on persons holding positions elected or approved by the National Assembly;"

"13. To decide on the fundamental external policies; to ratify or denounce international treaties signed in person by the State President; ratify or denounce other international treaties signed or acceded to at the proposal of the State President;"

"9. In cases where the National Assembly cannot meet, to decide on proclaiming the state of war when the country is invaded, and report it to the National Assembly for consideration and decision at its nearest session;"

"4. Based on resolutions of the National Assembly, to appoint, release from duty or dismiss deputy prime ministers, ministers and other member of the Government;"

"6. Based on resolutions of the National Assembly Standing Committee, to issue order on general mobilization or limited mobilization, to declare the state of emergency; in cases where the National Assembly Standing Committee cannot meet, to declare the state of emergency nationwide or in a locality;"

"7. To propose the National Assembly Standing Committee to revise its ordinances within ten days from the date these ordinances were passed; if such ordinances are still voted for by the National Assembly Standing Committee against the State President’s disapproval, the State President shall report it to the National Assembly for decision at its nearest session;"

"9. To decide on the conferment of titles and ranks on senior officers of the people’s armed forces, the ambassadorial title and rank and the State titles and ranks in other domains; to decide on the award of orders, medals, State prizes and State honors and distinctions;"

"10. To appoint and recall Vietnam’s ambassadors extraordinary and plenipotentiary; to accept foreign ambassadors extraordinary and plenipotentiary; to negotiate and conclude international agreements in the name of the State of the Socialist Republic of Vietnam with the heads of other States; to submit to the National Assembly for ratification international agreements directly signed by him/her; to decide on the ratification or accession to international agreements, except for cases where they should be submitted to the National Assembly for decision;"

"8. To exercise the unified management of external activities; to negotiate and conclude international agreements in the name of the State of the Socialist Republic of Vietnam, except for cases prescribed in Clause 10 of Article 103; to negotiate, sign, ratify and accede to international agreements in the name of the Government; to direct the implementation of international agreements which the Socialist Republic of Vietnam has concluded or acceded to; to protect the interests of the State, the legitimate interests of Vietnamese organizations and citizens in foreign countries;"

"2. To propose the National Assembly to establish or dissolve ministries and ministerial-level agencies; to submit to the National Assembly for approval proposals on appointment, release from duty or dismissal of deputy prime ministers, ministers and other members of the Government;"

Based on the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, orders and decisions of the State President, documents of the Government and the Prime Minister, the ministers and other members of the Government issue decisions, directives and circulars and inspect the implementation of those documents by all branches, localities and establishments."

The local people’s procuracies, the military procuracies shall exercise the right to prosecution and control judiciary activities within the scope of their responsibilities prescribed by law."

To annul Clause 8, Article 91; Clause 9 is converted into Clause 8, Clause 10 is converted into Clause 9, Clause 11 is converted into Clause 10 and Clause 12 is converted into Clause 11 of Article 91.

This Resolution takes effect after its promulgation.