CONSTITUTIONAL LAW

Ta Diu Thuong, LLM

International University - HCMC National University
 CONSTITUTION
Constitution is a supreme codified
written legal document in which

defines: fundamental political

principles;
establishes: the structure, procedures,
powers and duties of a government;
provides and guarantees certain rights
to the people
 CONSTITUTIONAL LAW
1.Is the most significant branch of
Vietnamese legal system. It’s also direct
source of other branches;
2. Comprises of all legal regulations, starting
from highest law (Constitution) to the lower
ones relating to its subject matter;
3. Subject matter: basic social relations
related to State power such as: political &
economic foundations, basic rights and
obligations of citizens, State administrative
apparatus, and other rights arising from
state’s sovereignty, rights to change and
establish foundations of legal system...
4. Supreme legal document - Constitution
Constitutional law - HISTORY
1. Ancient time:
2300 BC - Code of Justice:
2. Hamurabi Code (1760 BC)
3. ROMAN EMPIRE
a. 1. First codified Constitution: Twelve Tables.
§ Single code until the Codex Theodosianus (AD 438);
§ Eastern Empire adopts the Codex repetitæ prælectionis
(A.D. 534). It was highly influential throughout Europe.
4. Ancient India (3s-BC) “The Eddicts of Ashoka”
constitutional principles for Maurya king's rule.
5. Japan: 604 BC, Seventeen-article Constitution,
reportedly by Prince Shōtoku.
6. Muslim: 622 AC, Constitution of Medina, drafted by
the prophet of Islam Muhamad.
7. MIDLE AGE:
A. England, 1215: King John adopted Magna Carta.
Most important principle laid out by Art. 39.
B. China, 1375: Hong Wu Emperor issued Ancestral
Injunctions
Constitutional law - HISTORY
8. Contemporary Constitutions
a. San Marino*, 1600 - remains in force until
today. Consists of 62 articles covering wide
subjects.
b. North American (Connecticut), 1639,
Fundamental Orders. It is considered the
first constitution of the region.
C. The United States*, 1789, The US
Constitution was influenced by the British
constitutional and political systems.
D. France, 1791, Constitution
* almost every state in the world have a codified
constitution, except for the United Kingdom,
Israel and New Zealand.
 Constitutional law - VIETNAM

1. 1946:
 September 2nd 1945 President
Ho announced Independence
Declaration
 November 9th , 1946 the first
constitution was adopted by the
National Assembly
 Includes 7 chapters, 70
articles
 Constitutional law - VIETNAM

1954: Geneva Agreement has been signed

thanks to Dien Bien Phu victory.
2. January 1, 1960: Constitution of the
Democratic Republic of Vietnam was
adopted and included X chapters,
112 articles
 Constitutional law - VIETNAM

1975: The reunification of North

and South Vietnam
3. December 19, 1980:
Constitution of the Socialist
Republic of Vietnam was
adopted and included XII
chapters, 147 articles
 Constitutional law - VIETNAM

The consequence of the policy of

economic liberalization “Doi Moi”
started in 1986.
4. 1992: Constitution of the socialist
Republic of the Vietnam was
adopted on April 15th, 1992
Includes XII chapters, 147 articles
 Vietnam Constitution 1992
establishes:
1. Political regime;
2. Economic system;
3. Social and cultural institutions.
deals with:
National defense and security;
Provides with:
1. Fundamental rights/obligations of the citizens;
2. Structure and principles of organization and activity of
State organs;
institutionalizes:
Relationship between the Party as leader, the people as
master, and the State as administrator.
 Constitutional law
Vietnam Constitution 1992
12 chapters, 147 articles
Chapter 1-3: Political, economic, social,
cultural, education and science-technology
regimes;
Chapter IV: Protection of Motherland;
Chapter V: Basic rights and obligations of
citizens;
Chapter VI-X: State apparatus
Chapter XI & XII: National flag, hymn and
enforcement and amendment procedure to the
Constitution
 Vietnam Constitution 1992 - MAIN
CONTENTS

Political regime – set of basic principles to

exercise State power.
SOCIALIST REPUBLIC!
Economic regime:
1. MARKET ECONOMY with Socialism
orientation
2. State, cooperative and private ownership
 Vietnam Constitution 1992 - MAIN
CONTENTS
1. Policies towards culture, education
and science-technology

Chapter III (art 30-40)

 Vietnam Constitution 1992

2. Basic rights and obligations of

Citizens
A. Rights:
“EVERYONE IS EQUAL BEFORE LAW!”
a. Political
b. Economic, cultural and social
c. Rights of democracy and personal freedom
d. Obligations of citizens
 Vietnam Constitution 1992
Basic rights and obligations of Citizens
B. Obligations of citizens (chapter V):
a. Show loyalty to and ready to protect
Motherland
b. Respect and protect the properly of
the State and the public interest
c. Obey the Constitution and laws
d. Pay taxes and perform public-interest
labour days.
 Constitutional law -
Vietnam Constitution 1992
Basic rights and obligations of Citizens:

A.5 Some other rights in details:

 Rights and obligations to protect
Motherland
 Rights of “Physical inviolability”,
residence and privacy protection;
 Rights to lodge complaints and
denunciations with the competent
State authorities
 Constitutional law
Administrative system of Vietnam
 Legislative Branch
 National Assembly
 Administrative system of Vietnam

Judicial Branch:
Supreme People's Court - highest
judicial body.
Local People’s Courts
Military Tribunal - criminal military
cases
Other tribunals, incl Special tribunal set
up by NA
 Administrative system of Vietnam

Executive Branch:
Government:

Executive body Highest administrative

of NA body
* has 11 duties
* Comprises of PM, deputy PMs, Ministers
(and ministry-level bodies) and other
members.
Administrative system of Vietnam

Executive Branch:

President
(Art. )
 Administrative system of Vietnam

Executive Branch:
People’s Council

People’s Committee
 KEY TERMS
1. Constitution
2. Political principles
3. Government
4. Judicial, executive and legislative branches
5. Citizenship
6. National Assembley
7. President
8. Prime Minister
9. People’s Council and People’s Committee
10. Supreme Court
11. Democracy