Constitution of Viet Nam

From Roach Busters

[edit] THE PREAMBLE

Confident in the glorious and eternal destiny of the Vietnamese State and Nation, a destination which is guaranteed by the victorious struggles of our ancestors and the indomitable will of our people;

Confident in the perpetuity of our civilization which rest on spiritualist foundations and the propagation of which is the duty of all citizens;

Confident in the transcendent value of the human person whose free, harmonious and complete development on the individual as well as on the communal plan must be the object of all state activity;

Conscious that the Constitution must satisfy the aspirations of the entire Nation from the point of Ca-Mau to the gate of Nam-Quan, these aspirations being:

— the consolidation of national independence and the struggle against all forms of domination and imperialism;

— the safeguard of the liberty for each individual and for the Nation;

— the erection, in the respect of the human person, for the benefit of all classes of the population of a political, economic, social and cultural democratic regime.

Conscious that liberty, which is the ability to obey reason and moral precepts, can only be preserved if collective security is assured and the legitimate rights of men respected;

Conscious that our nation being located at the crossroads of international lines of communication and migrations, our people is ready to receive all currents of progress with a view to perfecting before the Almighty and before Humanity its mission which is the edification of a humanistic civilization for the safeguard and the development of man in his entirety;

We, Members of the National Constituent Assembly,

After deliberation, adopt the Constitution, the purpose of which is as follows;

[edit] CHAPTER I
BASIC PROVISIONS

ARTICLE 1 — Viet Nam is an independent, unified, territorially indivisible Republic.

ARTICLE 2 — Sovereignty resides in the whole people.

ARTICLE 3 — The Nation vests the executive functions in a President elected by the people, and the legislative functions in a National Assembly also elected by the people. The separation of powers between the executive and the legislative agencies must be clear. The activities of the executive and legislative agencies must be brought into harmony.

The President is vested with the leadership of the Nation.

ARTICLE 4 — The Executive, the Legislative and the Judiciary have as their responsibility the defense of freedom, democracy, the republican form of Government, and public order.

The Judiciary shall have a status which guarantees its independent character.

ARTICLE 5 — All citizens, without distinction of sex, are born equal in dignity, rights and duties, and must act towards each other in a spirit of fraternity and solidarity.

The State recognizes and guarantees the fundamental rights of the human person in his individual capacity and in his capacity as a member of the community.

The State shall endeavor to establish for all equal opportunities and the necessary conditions for the enjoyment of their rights and the performance of their duties.

The State shall aid the economic development, cultural creation, scientific and technical expansion and progress.

ARTICLE 6 — Every citizen has duties towards the Fatherland, the community, and fellow-citizens in the pursuit of the harmonious and complete development of his personality and that of others.

ARTICLE 7 — All activities having as their object the direct or indirect propagation or establishment of Communism in whatever form shall be contrary to the principles embodied in the present Constitution.

ARTICLE 8 — The Republic of Viet Nam shall adhere to the principles of international law which are not contrary to the exercise of national sovereignty and the realization of the equality of nations.

The Republic shall endeavor to contribute to the maintenance of world peace and security as well as to strengthen the bonds of friendship which unite it with other peoples on a basis of freedom and equality.

[edit] CHAPTER II
RIGHTS AND DUTIES OF THE CITIZEN

ARTICLE 9 — Every citizen has the right to life, liberty and security and integrity of his person.

ARTICLE 10 — No one may be illegally arrested, detained, or exiled.

Except in cases of flagrante delicto, no arrest may be carried out without a mandate of the competent authorities, and which does not conform with the conditions and procedures established by law.

In accordance with the procedures prescribed by law the accused in cases of crimes or misdemeanor shall have the right to choose their defense or request that one be designated for them.

ARTICLE 11 — No person may be tortured or subjected to brutal, inhuman or degrading punishment or treatment.

ARTICLE 12 — The private life, family, home dignity and reputation of every citizen shall be respected.

The privacy of correspondence may not be violated except on order of the Courts or in cases necessitated by the protection of public security or the preservation of public order.

Everybody shall be entitled to the protection of the law against illegal interference.

ARTICLE 13 — All citizens have the right to circulate and likewise reside freely on the national territory, except in those cases prohibited by law for reasons of public health or public security.

All citizens have the right to go abroad, except in the cases of restrictions by law for security, national defense, economic, financial reasons or in the public interest.

ARTICLE 14 — Every one has the right and the duty to work. Pay shall be equal for equal work.

Every one who works shall be entitled to an equitable renumeration guaranteeing to him and to his family an existence consistent with his human dignity.

ARTICLE 15 — Every citizen has the right to freedom of thought, and, within the limits set by law, of meeting and association.

ARTICLE 16 — Every citizen has the right to freedom of expression. This right may not be used for false accusations, slander, outrages against public morals, incitations to internal disturbances or for the overthrow of the republican form of government.

Every citizen has the right to liberty of press in order to establish truthful and constructive opinion which the state must defend against all effort to distort the truth.

ARTICLE 17 — Every citizen has the right to freedom of belief, religious practice and teaching, provided that the exercise of these rights shall not be contrary to morality.

ARTICLE 18 — In accordance with the procedures and conditions prescribed by law, every citizen has the right to vote, and to take part in the direction of public affairs, either directly or through his representatives.

ARTICLE 19 — Every citizen has the right to hold public office, according to his abilities and on a basis of equality.

ARTICLE 20 — The State recognizes and guarantees the right of private property.

The law shall fix the procedures of acquisition and enjoyment of the right of property so that every one may become a proprietor and in order to assure to the human person a worthy and free life, and at the same time to construct a prosperous society.

In the circumstances prescribed by law and on the condition of compensation, the State may expropriate private property in the public interest.

ARTICLE 21 — The State shall facilitate the use of savings in acquiring dwelling, agricultural land and shares in business corporations.

ARTICLE 22 — Every citizen has the right to set up economic associations, provided the aim of such associations is not to establish illegal monopoly in order to engage in speculation and manipulation of the economy.

The State shall encourage, and facilitate associations for the purpose of mutual aid, the intent of which is not speculation.

The State does not recognize business monopoly except in cases determined by law for reasons of national defense, security or public utility.

ARTICLE 23 — The right to free trade unions and the right to strike are recognized and shall be exercised in conformity with the procedures and conditions prescribed by law.

Public officials have no right to strike.

The right to strike is not recognized in regard for the personnel and the workers in those activities related to national defense, public security or the needs indispensable to the life of the community.

A law shall determine the branches of activities mentioned hereabove and guarantee to the personnel and workers of these branches a special status with the purpose of protecting the rights of the personnel and workers in those branches.

ARTICLE 24 — Within the limits of its capacity and economic progress, the State shall take effective measures of assistance in cases of unemployment, old age, illness, natural disaster or other misfortunes.

ARTICLE 25 — The State recognizes the family as the foundation of society.

The State shall encourage and facilitate the formation of families and the fulfillment of the mission of the family, especially in regard to maternity and infant care.

The State shall encourage the cohesion of the family.

ARTICLE 26 — The State shall endeavor to give every citizen a compulsory and free basic education.

Every citizen has the right to pursue his studies.

Those who care capable but lack private means shall be helped in the pursuit of their studies.

The State shall recognize the right of parents to choose the schools for their children, and of associations as well as individuals to open schools in accordance with conditions fixed by law.

The State can recognize private institutions of university or technical education which satisfy the legal requirements. The diplomas granted by these institutions can be recognized by the State.

ARTICLE 27 — Every citizen has the right to participate in cultural and scientific activities, and to enjoy the benefit of the fine arts and of technical progress. Authors shall enjoy legal protection for their spiritual and material rights relating to scientific inventions, literary or artistic production.

ARTICLE 28 — The rights of each citizen