Vietnam's First Constitution: A Historical Overview

Vietnam, a country in Southeast Asia with a population of over 92 million people, has had five constitutions since declaring independence from France in 1945. The first constitution of Vietnam was established in 1946, one year after declaring independence. This constitution was superficially liberal and democratic, with a semi-presidential system similar to the French constitution. It allowed multiple parties to participate in elections and vested legislative authority in the National Assembly, which was the highest institution in the country. The 1946 constitution was replaced by a new constitution in 1959, which was explicitly communist in character. Since then, Vietnam has adopted new constitutions in 1980, 1992, and most recently, in 2013.

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The first constitution of Vietnam was established in 1946

Vietnam, officially known as the Socialist Republic of Vietnam, is a country located in Southeast Asia with a population of over 92 million people. In 1945, Vietnam declared its independence from France and established a Socialist Republic in the north. The first constitution of Vietnam was established in 1946, one year after its independence. This constitution was a democratic document that ratified a semi-presidential system, similar to the French constitution, allowing multiple parties to participate in elections. The 1946 constitution also vested legislative authority 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 1946 constitution was replaced by a new constitution in 1959, which was explicitly communist in character and established socialist rule in North Vietnam. The 1959 constitution turned the president into a ceremonial head of state, while giving de facto power to the party leader. The 1959 document also provided for a nominal separation of powers among the legislative, executive, and judicial branches of government, with the legislative function carried out by the National Assembly.

Since the reunification of North and South Vietnam in 1976, the Vietnamese government has adopted several new constitutions: in 1980, 1992, and most recently, in 2013. The 2013 Constitution, which came into force on January 1, 2014, is the third constitution adopted since the reunification of Vietnam in 1976. It is known for its focus on the protection of human rights and has been criticised for its lack of progressiveness.

The 1946 constitution was replaced by a communist constitution in 1959

In 1946, the National Assembly ratified Vietnam's first democratic constitution. The constitution, which was superficially liberal democratic, established a semi-presidential system similar to the French Constitution, allowing multiple parties to participate in elections. The 1946 constitution vested legislative authority in the National Assembly, making it 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.

The 1959 constitution was adopted during the tenure of Ho Chi Minh and demonstrated a certain independence from the Soviet model of state organization. It emphasised central planning and state forms of property, with a focus on establishing a new political system and economy. The document also described the functions of the state's executive, legislative, and judicial bodies, including the establishment of a nominal separation of powers. However, the role of the Communist Party was notably absent from the 1959 constitution.

The 1959 constitution remained in effect until the reunification of North and South Vietnam in 1976, which provided the primary motivation for revising it. The 1980 Constitution was drafted in response to a serious threat from China and increasing political and economic dependence on the Soviet Union. As a result, the 1980 Constitution resembled the 1977 Soviet Constitution, with principles such as the dictatorship of the proletariat, the exclusive leadership of the Communist Party, and a centrally planned economy. The 1980 Constitution also strengthened the powers of the executive while keeping the legislature largely the same as under the 1959 document.

The 1959 constitution was replaced by a new constitution in 1980

Vietnam's first constitution was ratified in 1946, establishing the country as a democratic republic. This constitution was replaced in 1959, and again in 1980.

The 1959 Constitution of Vietnam was replaced by a new constitution in 1980. The 1980 Constitution was drafted when Vietnam faced a serious threat from China, and its political and economic dependence on the Soviet Union had increased. The 1980 Constitution, therefore, resembles the 1977 Soviet Constitution. The 1980 Constitution was also a response to the reunification of North and South Vietnam in 1976, which provided the primary motivation for revising the 1959 constitution.

The 1980 Constitution comprises 147 articles in 12 chapters, dealing with numerous subjects, including the basic rights and duties of citizens. Article 67 guarantees citizens' rights to freedom of speech, the press, assembly, association, and the freedom to demonstrate. However, these rights were subject to a caveat stating that "no one may misuse democratic freedoms to violate the interests of the state and the people". In practice, the party and the government had considerable latitude in determining what was in the "interests of the state and the people".

The 1980 Constitution established a Council of State, similar to the Presidium of the Supreme Soviet, endowing it nominally with both legislative and executive powers. The executive branch appears strengthened, having gained a second major executive body, the Council of State, and the importance of the National Assembly appears to have been reduced. The role of the Council of Ministers, while appearing on paper to be subordinated to the new Council of State, in practice retained its former primacy.

The 1980 Constitution was revised in 1992 and again in 2013, with the current constitution of Vietnam having been adopted in 2014.

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The 1980 constitution was replaced by a new constitution in 1992

Vietnam's first democratic constitution was ratified in 1946. Under this 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 1946 constitution was replaced in 1959 with a new, explicitly communist constitution. The 1959 constitution established socialist rule in North Vietnam and created a nominal separation of powers. It described the functions of the state's executive, legislative, and judicial bodies. Legislative power was vested in the National Assembly, whose main functions were the approval of laws and the election of chief officials of the state, such as the president, vice president, and cabinet ministers.

The 1959 constitution was replaced by the 1980 Constitution of the Socialist Republic of Vietnam, which was drafted in response to a serious threat from China and Vietnam's increasing political and economic dependence on the Soviet Union. The 1980 Constitution resembles the 1977 Soviet Constitution and includes principles such as the dictatorship of the proletariat, the exclusive leadership of the Communist Party, and a centrally planned economy. It also establishes a new Council of State, which holds both legislative and executive powers, and introduces the concept of "collective mastery" of society, which advocates for an active role for the people in state affairs.

The 1980 Constitution was replaced by the 1992 Constitution of the Socialist Republic of Vietnam, which was adopted on April 25, 1992, and amended in 2001. The 1992 Constitution was, in turn, replaced by the 2013 Constitution, which came into force on January 1, 2014. The 2013 Constitution is the third constitution adopted by Vietnam since the political reunification of the country in 1976.

The current constitution of Vietnam was established in 2013

Vietnam's current constitution was established on November 28, 2013, and came into effect on January 1, 2014. This is the third constitution adopted by the Vietnamese state since the political reunification of the country in 1976. The 2013 Constitution of the Socialist Republic of Vietnam is the fundamental and supreme law of the country.

The 2013 Constitution was adopted by the Thirteenth National Assembly, with at least two-thirds of the total number of deputies voting for it. It contains a preamble and 11 chapters. The preamble emphasises the Vietnamese people's tradition of patriotism, solidarity, humanity, justice, and resilience.

The 2013 Constitution replaced the 1992 version, which was Vietnam's constitution since April 25, 1992, and amended in 2001. The 1992 Constitution was preceded by the 1980 Constitution, which was drafted when Vietnam faced a serious threat from China and had increased its political and economic dependence on the Soviet Union. The 1980 Constitution resembles the 1977 Soviet Constitution in its principles of dictatorship of the proletariat, exclusive leadership of the Communist Party, and centrally planned economy.

The 1980 Constitution was a revision of the 1959 Constitution, which was a fully communist document that established socialist rule in North Vietnam. The 1959 Constitution, in turn, replaced the first democratic Constitution of Vietnam, which was ratified in 1946. The 1946 Constitution established a semi-presidential system similar to the French constitution, allowing multiple parties to participate in elections.

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