CHAPTER ONE
THE SOCIALIST REPUBLIC OF VIETNAM
THE POLITICAL REGIME
Article 1
The Socialist Republic of Vietnam is an independent and sovereign country enjoying unity and territorial integrity, including its mainland, Islands territorial waters and air space.
Article 2
The Socialist Republic of Vietnam is a State of the people, from the people, for the people. All State power belongs to the people and is based on an alliance between the working class, the peasantry, and the intelligentsia.
Article 3
The State guarantees and unceasingly promotes the people’s mastery in all fields, and severely punishes all acts violating the interests of the motherland and the people; it strives to build a rich and strong country in which social justice prevails, and men have enough to eat and to wear, enjoy freedom, happiness, and all necessary conditions for complete development.
Article 4
The Communist Party of Vietnam, the vanguard of the Vietnamese working class, the faithful representative of the rights and interests of the working class, the toiling people, and the whole nation, acting upon the Marxist-Leninist doctrine and Ho Chi Minh’s thought, is the force leading the State and society.
All Party organisations operate within the framework of the Constitution and the law.
Article 5
The Socialist Republic of Vietnam is the unified State of all nationalities living on the territory of Vietnam.
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.
Article 6
The people make use of State power through the agency of the National Assembly and the People’s Councils, which represent the will and aspirations of the people, are elected by them and responsible to them.
Democratic centralism is the principle governing the organisation and activity of the National Assembly, the People’s Councils, and all other State organs.
Article 7
Elections to the National Assembly and the People’s Councils are held in accordance with the principles of universal, equal, ‘direct, and secret suffrage.
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.
Article 8
All State organs, cadres and employees must show respect for the people, devotedly serve them, maintain close links with them, listen to their opinions and submit themselves to their control; all manifestations of bureaucratism, arrogance, arbitrariness and corruption shall be vigorously opposed.
Article 9
The Vietnam Fatherland Front and its member organisations constitute the political base of people’s power. 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 people’s power, works together with the State for the care and protection of the people’s legitimate interests, encourages the people to exercise their right to mastery, ensures the strict observance of the Constitution and the law, and supervises the activity of State organs, elected representatives, and State officials and employees.
The State shall create favourable conditions for the effective functioning of the Fatherland Front and its component organisations.
Article 10
The trade union, being the socio-political organisation of the working class and the toiling people, joins State organs, economic and social bodies in looking after and safeguarding the rights and interests of cadres, workers, employees and other labouring people; it participates in State administration and social management, in the control and supervision of the activity of State organs and economic bodies; educates cadres, workers, employees and other labouring people to work well for national construction and defence.
Article 11
The citizen exercises his right to mastery at the grassroots by participating in State and social affairs; he is duty bound to help protect public property, legitimate civic rights and interests, maintain national security and social order, and organise public life.
Article 12
The State exercises the administration of society by means of the law; it shall unceasingly strengthen socialist legality.
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.
Article 13
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.
Article 14
The Socialist Republic of Vietnam carries out a policy of peace and friendship, seeks to expand its relations and cooperation with all countries in the world regardless of political and social regime on the basis of respect for each other’s independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs, equality, and mutual interest; it seeks to strengthen solidarity, friendship and cooperation with the socialist countries and neighbouring countries; it actively supports and participates in the common struggle of the peoples of the world for peace, national independence, democracy and social progress.
CHAPTER TWO
ECONOMIC SYSTEM
Article 15
The State promotes a multi-component commodity economy functioning in accordance with market mechanisms under the management of the State and following a socialist orientation. The multi-component economic structure with various forms of organisation of production and trading is based on a system of ownership by the entire people, by collectives, and by private individuals, of which ownership by the entire people and by collectives constitutes the foundation.
Article 16
The aim of the State’s economic policy is to make the people rich and the country strong, satisfy to an ever greater extent the people’s material and spiritual needs by releasing all productive potential, developing all latent possibilities of all components of the economy – the State sector, the collective sector, the private individual sector, the private capitalist sector, and the State capitalist sector in various forms – pushing on with the construction of material and technical bases, broadening economic, scientific, technical cooperation and expanding intercourse with world markets.
Article 17
The land, forests, rivers and lakes, water supplies, wealth lying underground or coming from the sea, the continental shelf and the air, the funds and property invested by the State in enterprises and works in all branches and fields – the economy, culture, society, science, technology, external relations, national defence, security – and all other property determined by law as belonging to the State, come under ownership by the entire people.
Article 18
The State manages all the land in accordance with the plan and the law, and guarantees that its use shall conform to the set objectives and yield effective results.
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.
Article 19
The State sector shall be consolidated and developed, especially in key branches and areas, and play the leading role in the national economy.
The State-run enterprises enjoy autonomy in production and trading and shall guarantee that production and trading are to yield effective results.
Article 20
The collective sector growing out of the pooling by citizens of funds and efforts for cooperative production and trading shall be organised in various forms following the principles of free consent, democracy, and mutual benefit.
The State shall create favourable conditions for consolidating and broadening the cooperatives and allowing them to operate efficiently.
Article 21
In the private individual and private capitalist sectors people can adopt their own ways of organising production and trading; they can set up enterprises of unrestricted scope in fields of activity which are beneficial to the country and the people.
Encouragement shall be given to the development of the family economy.
Article 22
Production and trading enterprises belonging to all components of the economy must fulfil all their obligations to the State; they are equal before the law; their capital and lawful property shall receive State protection.
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.
Article 23
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.
Article 24
The State manages and expands external economic relations, promotes economic ties of all kinds with all nations and all international organisations on the basis of the principles of respect for each other’s independence and sovereignty, mutual advantage, and aiming at the protection and stimulation of domestic production.
Article 25
The State encourages foreign organisations and individuals to invest funds and technologies in Vietnam in conformity with Vietnamese law and international law and usage; it guarantees the right to lawful ownership of funds, property and other interests by foreign organisations and individuals. Enterprises with foreign investments shall not be nationalised.
The State creates favourable conditions for Vietnamese residing abroad to invest in the country.
Article 26
The State manages the national economy by means of laws, plans and policies; it makes a division of responsibilities and devolves authority to various departments and levels of the administration; the interests of individuals and collectives are brought into harmony with those of the State.
Article 27
The State shall practise economy in all its economic, social and managerial activities.
Article 28
All illegal production and trading activities, all acts wrecking the national economy and damaging the interests of the State, the rights and lawful interests of collectives and individual citizens shall be dealt with severely and equitably by the law.
The State shall enact policies protecting the rights and interests of the producers and the consumers.
Article 29
State organs, units of the armed forces, economic and social bodies, and all individuals must abide by State regulations on the rational use of natural wealth and on environmental protection.
All acts likely to bring about exhaustion of natural wealth and to cause damage to the environment are strictly forbidden.
