Eleanor Finch
Vietnam has had five constitutions since declaring independence from France in 1945. The current constitution, known as the 2013 Constitution, was adopted on November 28, 2013, and took effect on January 1, 2014. It is the fundamental and supreme law of the Socialist Republic of Vietnam, containing a preamble and 11 chapters. This paragraph will explore the topic of whether the Vietnamese government has a written constitution.
| Characteristics | Values |
|---|---|
| Country | Vietnam |
| Type of government | Socialist rule of law state |
| Type of constitution | Written |
| Latest constitution | 2013 |
| Previous constitutions | 1946, 1956, 1959, 1967, 1980, 1992 |
| Legislative authority | National Assembly |
| Highest organ of state power | National Assembly |
| Highest judicial organ | Supreme People's Court |
| Head of State | State President |
| Head of Government | Prime Minister |
| Number of provinces | 58 |
| Number of cities under direct central rule | 5 |
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What You'll Learn
The 1946 Constitution
Vietnam's 1946 Constitution was the country's first, opening up its constitutional history. It was enacted on November 9, 1946, by the National Assembly of the Democratic Republic of Vietnam. The constitution-making process demonstrated a democratic spirit in constitutional affairs and was drafted to meet the urgent requirements of the Vietnamese revolution and the consolidation of the young Democratic Republic.
Under the 1946 Constitution, legislative authority was vested in the National Assembly, which was the highest institution in the country. The President of the Republic was in charge of leading the government and was elected by the National Assembly for five-year terms. The Prime Minister was chosen by the President from among the members of the National Assembly.
Despite the changes in later constitutions, the current Vietnamese government still heavily praises the 1946 Constitution, calling it "one of the world's most democratic constitutions at the time."
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The 1959 Constitution
The preamble of the 1959 Constitution affirmed the Vietnamese institution and political regime, stating:
> "Ours is a people’s democratic state based on the worker-peasant alliance under the leadership of the working class."
The preamble also highlighted the great victories of the revolution and outlined the aims for the Vietnamese people in the new period. It stated:
> "Vietnam is one country; the North and the South are inseparable from each other."
The 10 chapters of the 1959 Constitution covered the following subjects:
- The Democratic Republic of Vietnam
- The economic and social regimes
- Basic rights and obligations of citizens
- The National Assembly
- The President of the Democratic Republic of Vietnam
- The Government Council
- The People’s Councils and the Administrative Committees of all levels
- The People’s Courts and the People’s Procuracies
- The national flag, the national emblem, and the capital city
- The amendment of the Constitution
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The 1980 Constitution
Vietnam's 1980 Constitution was drafted at a time when the country faced a serious threat from China, and its political and economic dependence on the Soviet Union had increased. The document, therefore, resembles the 1977 Soviet Constitution.
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The 1992 Constitution
Vietnam has had several constitutions since its reunification in 1976. The 1992 Constitution of the Socialist Republic of Vietnam was adopted on April 25, 1992, and amended in 2001.
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The 2013 Constitution
Vietnam's current constitution, known as the 2013 Constitution, was adopted on November 28, 2013, by the Thirteenth National Assembly and came into effect on January 1, 2014. It is the third constitution adopted by the Vietnamese state since the political reunification of the country in 1976.
The Constitution inherits and builds upon the previous constitutions of 1946, 1959, 1980, and 1992, with the objectives of a wealthy and powerful nation, democracy, justice, and civilisation. It recognises Vietnam as an independent, sovereign, and united country, comprising its mainland, islands, territorial waters, and airspace.
The Constitution also establishes the roles of various state organs, such as the National Assembly, the State President, the Government, and the courts, outlining their powers and duties in governing the country.
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Frequently asked questions
Yes, Vietnam has a written constitution. The current constitution was adopted in 2013, with the previous one being written in 1992.
The 1980 Constitution comprised 147 articles in 12 chapters, dealing with subjects like the basic rights and duties of citizens. The 1992 Constitution, amended in 2001, reduced the powers of the Vietnamese Communist Party (VCP) and affirmed a multi-sectorial commodity economy.
The National Assembly is the highest organ of state power and representative of the people. It exercises legislative powers, decides on significant national affairs, and controls all activities of the State. It also elects the President, Prime Minister, and other important officials.
