Constitution 1946

CONGRESS

 

Number: No number VIETNAM DOCTORY REPUBLIC

Independence – Freedom – Happiness

—– o0o —–

November 9, 1946

 

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CONSTITUTION

DEMOCRACY REPUBLIC OF VIETNAM

(The National Assembly of the Democratic Republic of Vietnam passed on November 9, 1946)

 

PREFACE

The August Revolution regained sovereignty for the country, freedom for the people and established a democratic republic.

After eighty years of struggle, the Vietnamese people have escaped from the oppression of colonial policy, and at the same time abandoned the monarchy and mandarin regime. The country has entered a new stage.

The task of our nation in this period is to preserve the territory, gain complete independence and build the nation on the basis of democracy.

Assigned by the nation to draft the first Constitution of the Democratic Republic of Vietnam, the National Assembly realized that the Vietnamese Constitution must recognize the glorious achievements of the Revolution and must be built on the principles of down here:

– Unite the entire people, regardless of race, sex, class or religion.

– Ensuring democratic liberties.

– Implement strong and wise government of the people.

With the spirit of solidarity and striving available to the entire people, under a broad democratic polity, the independent and united Vietnam will move forward on the path of glory and happiness, in line with the progressive trend of the world. world and the peaceful will of mankind.

 

CHAPTER I

PRIMARY

Article 1

Vietnam is a democratic republic.

All power in the country belongs to the entire Vietnamese people, regardless of race, gender, rich or poor, class or religion.

Article 2

The country of Vietnam is an indivisible Central South North North block.

Article 3

The flag of the Democratic Republic of Vietnam has a red background with a five-pointed yellow star in the middle.

The national anthem is the song Tien Quan Ca.

The capital is located in Hanoi.

CHAPTER II

OBLIGATIONS AND CIVIL RIGHTS

SECTION A

DUTY

Article 4

Each Vietnamese citizen must:

– Protect the country

– Respect the Constitution

– Obey the law.

Article 5

Vietnamese citizens are obliged to join the army.

SECTION

RIGHT

Article 6

All Vietnamese citizens are equal in all aspects: political, economic and cultural.

Article 7

All Vietnamese citizens are equal before the law and are entitled to participate in government and national construction according to their talents and virtues.

Article 8

In addition to equality of rights, ethnic minorities are helped in all aspects to quickly progress to the common level.

Article 9

Women are equal to men in all respects.

Article 10

Vietnamese citizens have the right to:

– Freedom of speech

– Freedom to publish

– Freedom of organization and meeting

– Freedom of religion

– Freedom to reside, travel domestically and abroad.

Article 11

If the judiciary has not decided, it is not allowed to arrest and imprison Vietnamese citizens.

The houses and correspondence of Vietnamese citizens must not be illegally infringed.

Article 12

Private property rights of Vietnamese citizens are guaranteed.

Article 13

The interests of the intellectual and manual workers are guaranteed.

Article 14

Elderly or disabled citizens who cannot work are helped. Children are cared for in terms of upbringing.

Article 15

Compulsory elementary school and no tuition fees. In local primary schools, ethnic minorities have the right to learn in their own language.

Poor students get help from the Government.

Private schools are open to the public and must teach according to the State curriculum.

Article 16

Foreigners who fight for democracy and freedom but have to hide are allowed to live in Vietnam.

SECTION

ELECTION, DISCLOSURE AND DISCLOSURE

Article 17

The electoral system is universal suffrage. Voting must be free, direct and secret.

Article 18

All Vietnamese citizens, aged 18 and over, regardless of gender, have the right to vote, except for the insane and those who lost their jobs.

The candidate must be a person who has the right to vote, must be at least 21 years old, and must be able to read and write the national language script.

Active citizens also have the right to vote and stand for election.

Article 19

The method of election will be determined by law.

Article 20

The people have the right to recall their elected representatives, according to articles 41 and 61.

Article 21

The people have the right to vote on the Constitution and matters relating to the national destiny, according to articles 32 and 70.

CHAPTER III

PEOPLE’S Plenary

Article 22

The People’s Parliament is the highest authority of the Democratic Republic of Vietnam.

Article 23

The People’s Parliament resolves all issues common to the whole country, sets laws, votes on budgets, and ratifies treaties signed by the Government with foreign countries.

Article 24

The People’s Parliament is elected by Vietnamese citizens. Elected once every three years.

There is one congressman for every 5,000 people.

The number of deputies of large cities and localities with national minorities shall be determined by law.

Article 25

Councilors not only represent their locality but also represent the entire people.

Article 26

The People’s Parliament itself checks whether the members have been duly elected.

Article 27

The National People’s Congress elects a Speaker, two Deputy Speakers, and 12 members Officially, 3 alternate members to form the Standing Committee.

The President and Vice-President concurrently hold the position of Head and Deputy Head of the Standing Committee.

Article 28

The People’s Parliament meets twice a year and is convened by the Standing Committee in May and November of the calendar year.

The Standing Committee may convene an extraordinary meeting if deemed necessary.

The Standing Committee must convene the Parliament if one-third of the total number of MPs or the Government so requests.

Article 29

More than half of the total number of members must attend the meeting to vote.

The Parliament makes decisions by more than half of the members present.

But to declare war, two-thirds of the members present must vote in favor.

Article 30

Parliament is open to the public and the public is allowed to listen.

The press is allowed to report on Parliamentary deliberations and resolutions.

In special cases, the Parliament may decide to convene in secret.

Article 31

Laws that have been voted on by the National Assembly, the President of Vietnam must promulgate them no later than 10 days after receiving the notice. But within that time limit, the Chairman has the right to request the Parliament to discuss again. Laws brought up for discussion, if still approved by the Parliament, must be promulgated by the President.

Article 32

Matters related to the national destiny will be submitted to the people for a vote, if two-thirds of the total number of parliamentarians agree.

The manner in which the appeal shall be made shall be determined by law.

Article 33

When two-thirds of the total number of members agree, the Parliament may dissolve itself. The Standing Committee on behalf of the Parliament declares its dissolution.

Article 34

When the People’s Parliament has expired or has not yet expired and dissolves on its own, the Standing Board shall retain its power until the new People’s Parliament is re-elected.

Article 35

Two months before the expiration of the People’s Parliament, the Standing Committee announced the re-election. New elections must be completed two months before the expiration of Parliament.

When the People’s Parliament dissolves itself, the Standing Committee immediately announces the re-election. The new elections were completed two months after the date the Parliament dissolved itself.

No later than one month after the election, the Standing Committee must convene a new People’s Parliament.

During the war and the parliament expires, the Parliament or the Standing Committee has the right to extend it for an indefinite period. But no later than six months after the end of the war, the Parliament must be re-elected.

Article 36

When the Parliament is not in session, the Standing Committee has the power to:

  1. a) Vote on the Government’s decree projects. Such decrees must be brought to the Parliament at the nearest session for Parliament to approve or repeal.
  2. b) Convene the People’s Parliament.
  3. c) Control and criticize the Government.

Article 37

More than half of the total number of employees must vote in favor for the resolutions of the Standing Committee to be valid.

Article 38

When the Parliament is unable to meet, the Standing Committee together with the Government has the power to decide whether to declare war or to cease war.

Article 39

At the beginning of each session, after the Standing Committee reports on its work, the matter of a vote of confidence in the Standing Committee may be raised, if so requested by a quarter of the total number of members. The entire Standing Committee must resign if it is not trusted. Former Standing Committee staff may be re-elected.

Article 40

Without the consent of the People’s Parliament or while the Parliament is not in session without the consent of the Standing Committee, the Government may not arrest and try the members.

Members are not prosecuted for their words or votes in Parliament.

In case of being caught in the act of committing a crime, the Government can immediately arrest a member of the parliament, but within 24 hours, it must notify the Standing Committee. The Standing Committee or Parliament will decide.

When a congressman loses the right to run for office, he also loses his membership as a member.

 

Article 41

The Parliament must consider the question of recalling a member when it receives a proposal from one-quarter of the total electorate of the province or city that elected that member. If two-thirds of the total number of MPs agree to the motion to dismiss, the member must resign.

Article 42

The allowances of members of parliament shall be determined by law.

CHAPTER IV

GOVERNMENT

Article 43

The highest administrative body of the country is the Government of the Democratic Republic of Vietnam.

Article 44

The Government consists of the President of the Democratic Republic of Vietnam, the Vice President and the Cabinet.

The Cabinet consists of the Prime Minister, Ministers and Deputy Ministers. There may be a Deputy Prime Minister.

Article 45

The President of the Democratic Republic of Vietnam is selected from the People’s Parliament and must be voted in favor of two-thirds of the total number of deputies.

If the first vote does not have that number of votes, the second will be by a relative majority.

The President of Vietnam is elected for a period of 5 years and can be re-elected.

Within one month before the end of the Chairman’s term, the Standing Committee must convene the Parliament to elect a new Chairman.

Article 46

The Vice President of the Democratic Republic of Vietnam is elected from among the people and elected as usual.

The term of the Vice-President follows the term of the Parliament.

The Vice President helps the President.

When the President dies or resigns, the Vice-Chairman acts as the President. Within two months, a new Chairman must be elected.

 

Article 47

The President of Vietnam selects the Prime Minister from the Parliament and submits it to the Parliament for a vote. If approved by Parliament In office, the Prime Minister selects the Ministers in the Parliament and presents the whole list to the Parliament for a vote. The Deputy Minister can choose from outside the Parliament and be nominated by the Prime Minister to the Government Council for approval.

Members of the Standing Committee of Parliament are not allowed to participate in the Government.

Article 48

If any minister is vacated, the Prime Minister shall agree with the Standing Committee to immediately appoint a temporary replacement until the National Assembly meets and approves.

Article 49

Powers of the President of the Democratic Republic of Vietnam:

  1. a) On behalf of the country.
  2. b) Holding the act of Commander-in-Chief of the national army, appointing or dismissing generals in the army, navy and air force.
  3. c) Sign the decree appointing the Prime Minister, Cabinet staff and senior staff of Government agencies.
  4. d) Chairman of the Government Council.
  5. d) Promulgate laws that have been decided by the Parliament.
  6. e) Awarding medals and honorary degrees.
  7. g) Special amnesty.
  8. h) Sign treaties with other countries.
  9. i) Send Vietnamese delegates to foreign countries and receive diplomatic representatives of other countries.
  10. k) Declare war or an armistice in accordance with article 38.

Article 50

The President of Vietnam does not have to bear any responsibility, except when committing treason.

Article 51

Whenever the President, Vice-President or a Cabinet employee is prosecuted for treason, Parliament will set up a special Court to try it.

The arrest and prosecution before the Court of a Cabinet official on a common crime requires the approval of the Council of Government.

Article 52

Government powers:

  1. a) Enforce the laws and resolutions of Parliament.
  2. b) Proposing bills to the Parliament.
  3. c) Proposing draft bills to the Standing Committee, while the Parliament is not in session but encounters special cases.
  4. d) To annul orders and resolutions of subordinate bodies, if necessary.
  5. d) Appointment or dismissal of employees in administrative or professional bodies.
  6. e) Enforce the law of mobilization and all necessary measures to preserve the country.
  7. g) Prepare annual budget project.

Article 53

Each Government decree must be signed by the President of Vietnam and, depending on the powers of the ministries, must be signed by one or more Ministers. These ministers are accountable to Parliament.

Article 54

Ministers who are not trusted by the Councilors must resign.

The entire Cabinet is not jointly responsible for the conduct of a Minister.

The Prime Minister is responsible for the political path of the Cabinet. But the Parliament can only vote on the issue of confidence when the Prime Minister, the Standing Committee or a quarter of the total number of Parliaments raise the issue.

Within 24 hours after the National Assembly votes no confidence in the Cabinet, the President of Vietnam has the right to bring the issue of confidence to the Parliament for re-discuss. The second discussion must be within 48 hours of the first discussion. After this vote, the Cabinet lost confidence to resign.

Article 55

Ministers must respond by letter or orally to questions of Parliament or the Standing Committee. The time limit for reply is 10 days after receiving the inquiry letter.

Article 56

When Parliament expires or dissolves on its own, the Cabinet remains in power until a new Parliament is held.

CHAPTER V

PEOPLE’S COUNCIL AND SMALL ADMINISTRATIVE COMMITTEE

Article 57

Administratively, Vietnam consists of three ministries: North, Central, and South. Each ministry is divided into provinces, each province is divided into districts, and each district is divided into communes.

Article 58

In provinces, cities, towns and communes, there is a People’s Council which is elected by universal suffrage and directly elected.

The People’s Council of the province, city, town or commune appoints the Administrative Committee.

In ministries and districts, there is only an administrative committee. The ministerial administrative committee is elected by the Councils of provinces and cities. The district administrative committee is elected by the commune councils.

Article 59

The People’s Councils decide on issues in their respective localities. Such resolutions must not be contrary to the directives of superiors.

The Administrative Committee is responsible for:

  1. a) Execute orders of superiors.
  2. b) Implement resolutions of their local People’s Councils after they are approved by their superiors.
  3. c) Directing administrative work in the locality.

Article 60

The administrative committee is responsible to its superiors and to the local People’s Council.

Article 61

Employees of the People’s Council and the Administrative Committee may be dismissed.

The method of recall will be determined by law.

Article 62

A law will specify the details of the organization of People’s Councils and Administrative Committees.

CHAPTER VI

JUDICIAL AUTHORITIES

Article 63

The judicial organs of the Democratic Republic of Vietnam include:

  1. a) Supreme Court.
  2. b) Appellate courts.
  3. c) The courts of second and first instance.

Article 64

The judges are all appointed by the Government.

Article 65

During the trial of criminal matters, there must be a people’s assistant judge to either give opinions if it is a misdemeanor matter, or jointly decide with the judge if it is a felony matter.

Article 66

National minorities have the right to use their voice before the Court.

Article 67

Court sessions must be public, except in special cases.

The defendant has the right to defend himself or hire a lawyer.

Article 68

It is forbidden to torture, beat, mistreatment of defendants and criminals.

Article 69

During the trial, the judges only obey the law, other agencies are not allowed to interfere.

CHAPTER VII

AMENDING CONSTITUTION

Article 70

Amendment to the Constitution must be in the following manner:

  1. a) At the request of two-thirds of the total number of deputies.
  2. b) Parliament elects a committee to draft the changes.
  3. c) Changes that have been approved by the Parliament must be submitted to the people for a vote.

 

CONGRESS

(Signed)