User:Glide08/Sandbox/Vietnam

Preamble

Throughout their millennia-old history, the Vietnamese People, working diligently and creatively and fighting courageously to build and defend their country, have forged a tradition of patriotism, solidarity, humanity, justice, resilience and indomitableness, and have created the civilisation and culture of Vietnam.

Since 1930, under the leadership of the Communist Party of Vietnam founded and trained by President Ho Chi Minh, our People have waged a protracted struggle full of hardship and sacrifice for national independence and freedom and for their own happiness. In the wake of the triumph of the August Revolution, on September 2, 1945, President Ho Chi Minh read the Proclamation of Independence, declaring the birth of the Democratic Republic of Vietnam, now the Socialist Republic of Vietnam. With the will and strength of the entire nation and the assistance of friends around the world, our People have gained great victories in the struggles to liberate the nation, reunify the country, defend the Fatherland and fulfill international duties, and have recorded resounding achievements of historical significance in the cause of renewing and building the country toward socialism.

Institutionalising the Platform for National Construction during the Period of Transition toward Socialism, and perpetuating the 1946, 1959, 1980 and 1992 Constitutions, the Vietnamese People create, implement and defend this Constitution to achieve the goal of a prosperous people and a strong, democratic, equitable and civilised country.

After millennia of nation founding and preservation by the people and their heroes in history, our country has gone through many ups and downs. Alongside episodes of glory such as the Đinh, Lê, Lý Trần and Emperor Quang Trung dynasties, our people also endured one thousand years of Northern domination, continuous civil war in the periods of the 12 Warlords and struggle between the Trinh and Nguyễn princes, almost 100 years of French colonial rule and most destructive of all, for more than half a century, the whole people in both north and south of Vietnam have become victims and pawns of international dogmatic ideological powers, engulfing us in an alienated, internecine and atrocious civil war. Furthermore, our national culture, which has been nurtured through nearly 5000 years of history, is a moderating, reasoned, humanist and liberating culture which will resolutely oppose all fundamentalist ideologies. Our people’s constitution must be completely founded on the concepts of non-ideology and anti-dogmatism. Being free men and women, endowed with wisdom and living a happy life, within a prosperous society and a democracy based on constitutionalism, the rule of law and pluralism, constitutes the rightful aspiration of each Vietnamese citizen.

We reject the constitutions of 1946, 1955, 1959, 1967, 1980 and 1992, since they were the basis for tyrannical rule in both North and South; therefore we proclaim them all to be invalid.

Chapter I: THE POLITICAL REGIME

Article 1 [Republic of Vietnam – democratic values]

1. Vietnam is an independent and sovereign country, with a democratic and republican form of government, enjoying unity and integrity of territory, including the mainland, islands, seas and airspace.

2. The Republic of Vietnam is founded on democratic values, particularly including non-ideology and non-dogmatism.

Article 2 [Rule of law – people's mastery – exercise of state power]

1. The State of the Republic of Vietnam is a state of the People, by the People and for the People subject to the rule of law.

2. The Republic of Vietnam is a country where the People are the masters; all the state power belongs to the entire People unconditionally and regardless of any distinction; the ultimate end of the state and civil society is the individual; the state and civil society are means to serve the individual.

3. The state power is exercised within the boundaries of law and delegated to state agencies which coordinate with and control one another.

Article 3 [Duties and goals of the State]

1. The State shall respect, protect, guarantee and promote the People's right to mastery; recognise, respect, protect and guarantee human rights and citizens' rights; and pursue the goal of a free people endowed with reason, living a happy life in a prosperous society and a strong, pluralistic, democratic, equitable and civilised country, in which all people are given conditions for their comprehensive development.

2. Out of recognition that there can be no free society without the existence of free institutions and free associations, the State shall respect, protect, guarantee and promote the independence and multifacetedness of civil society.

Article 4 [Political parties]

1. Political parties represent the political will of the people and participate in establishing the policies of the courty. They may be freely established, so long as they are organized democratically. They must disclose the source of funding for their activities publicly.

2. The institution of a Vanguard party is fundamentally opposed to Vietnamese traditions and to democratic values, particularly including non-ideology and non-dogmatism. Accordingly, all political parties which seek to undermine or abolish the basic order of democracy based on pluralism are prohibited.

3. The question as to whether or not a political party stands prohibited is decided by the Supreme Court.

Article 5 [National symbols – Capital – Language]

1. The national flag of the Republic of Vietnam is rectangular in shape, with its width equal to two-thirds of its length; in the middle of a red background is a five-pointed gold star. The central point of the star coincides with the intersection point of the diagonals of the flag, and the radius of its circumscribed circle equals one-fifth of the flag's length.

2. The national emblem of the Republic of Vietnam depicts a shield divided into two portions; the top portion is red and depicts a five-pointed gold star, and the bottom portion is yellow and depicts three vertical stripes. The shield is bound by a laurel consisting of an ear of rice in its left-hand side and a branch of oak in its right-hand side.

3. The national anthem of the Republic of Vietnam is the music and words of the March to the Front (Tiến Quân Ca).

4. The capital of the Republic of Vietnam is Saigon.

5. The national language is Vietnamese.

Article 6 [Exercise of state power]

The People shall exercise the state power in the form of direct democracy and of representative democracy through the People's representative bodies and other state agencies.

Article 7 [Constitutional supremacy – Legally binding force of constitution]

1. The Constitution is the fundamental and supreme law of the Republic of Vietnam. Its provisions have directly-appicable character and are absolutely binding on the legislative, executive and judicial branches of government.

2. All other legal documents must conform to the Constitution. Any legal provision found in conflict with the Constitution shall be unenforcable. All violations of the Constitution shall be dealt with.

Article 8 [No extralegal authority – Legal system]

1. The State shall be organised and operate in accordance with the Constitution and law.

2. The legal system of the Republic of Vietnam consists of the Constitution, Laws and other legal documents, and judicial precedent.

and ;

Article 9 [Separation of powers]

1. The legislative, executive and judicial branches of government shall be independent of each other.

2. The functions and powers of these three branches must be clearly delineated, and their activities must be coordinated and harmonized in order to realize public order and prosperity on the basis of freedom, democracy and social justice.

3. The legislative branch of government is subject to the constitutional order; the executive and judicial branches of government are subject to the principles of law and justice.

Article 10 [Foreign Policy objectives – International law]

1. The Republic of Vietnam shall base its foreign policy on the principles of national sovereignty and equality between nations and shall strive to promote international peace and cooperation.

2. The Republic of Vietnam shall abide by the Charter of the United Nations, the Universal Declaration of Human Rights, and treaties to which the Republic of Vietnam is a contracting party, and also other provisions of international law which are not contrary to its national sovereignty and the principle of equality between nations.

Article 11 [Right to resist]

1. The Vietnamese Fatherland is sacred and inviolable.

2. All Vietnamese shall have the right to resist any person or group who seeks to undermine the independence, sovereignty, unity and territorial integrity of the Fatherland, or the basic order of democracy based on pluralism.

3. In case the independence, sovereignty, unity and territorial integrity of the Fatherland, or the basic order of democracy based on pluralism, are undermined as a result of a public crisis, the observance of the Constitution shall be re-established as soon as the People regain their freedom. The undermining regime and its collaborators shall be judged according to this Constitution and the laws derived from it.

Chapter II: HUMAN RIGHTS, FUNDAMENTAL RIGHTS AND OBLIGATIONS OF CITIZENS

CIVIL AND POLITICAL RIGHTS

Article 12 [Human dignity – Human rights – Duty of recongition]

All people are free and equal in dignity and rights. Their dignity and rights are inherent and inalienable, and the recongition of their dignity and rights is a fundamental duty of all state authority.

Article 13 [Legally binding force of basic rights – Application of judicial precedent – Active measures for realization]

1. In the Republic of Vietnam, the human rights and citizens' rights in the political, civil, economic, cultural and social fields are abolsutely binding on the legislative, executive and judicial powers, and shall be recognised, respected, protected and guaranteed in accordance with the Constitution and law.

2. Human rights and citizens' rights in the political, civil, economic, cultural and social fields are also binding on natural and legal persons to the extent the right applies, taking its nature and the nature of its consequential duties into account.

3. When human rights and citizens' rights are applied to as specified in Clause 2, the court applying those rights may create or develop rules to give it effect via judicial precedent. These rules may also include limitations, so long as these limitations are consistent with Article 14.

4. The State will take reasonable legislative and other actions to ensure the progressive realization of human rights and citizens' rights in the political, civil, economic, cultural and social fields, within its available resources, to the extent that their realization requires active measures.

Article 14 [Limitation of basic rights – Citizens' obligations]

1. Human rights and citizens' rights may not be limited unless prescribed by a law solely in case of necessity for reasons of national defense, national security, social order and safety, social morality and community well-being, but never for reasons of the exercise of human rights and citizens' rights. Any provision authorizing a limitation of human rights and citizens' rights must cite the Article of the Constitution in which that right is mentioned.

2. Any limitation of human rights and citizens' rights must be applied in the same way to all cases which meet the conditions for its imposition, and may not be abused for other purposes. The essence and significance of human rights and citizens' rights which are limited must be maintained.

3. Citizens' obligations may not be imposed unless prescribed by a law and within the boundaries of the law, but never inconsistently with human rights and citizens' rights.

Article 15 [Freedom of action – Most permissive interpretation prevails]

1. Everyone has the right to do all things which are not prohibited by law.

2. No one is compelled to do anything which is not imposed on him or her by law.

3. In interpreting the law, the interpretation which guarantees human rights and citizens' rights to the widest extent and limits them to the narrowest extent shall be favored above all other interpretations.

Article 16 [Equality before the law]

1. All people are equal before law.

2. No one may be subject to discriminatory treatment in political, civil, economic, cultural or social life.

Article 17 [Right to free development]

1. Everyone has the right to freely develop their personality.

2. Everyone has the right to form and change his or her opinions.

Article 18 [No expulsion of citizens]

A Vietnamese citizen may not be expelled and delivered to another state.

Article 19 [Right to life and liberty]

1. Everyone has the right to life and liberty. Human life is protected by law. No one may be deprived of life, liberty, or property in contravention of law.

2. A deprivation of life shall not be deemed to contravene Clause 1 if it results from non-excessive use of force made in order:

a. to defend a person from illegal acts of violence;

b. to ensure the arrest, holding in custody, or detention, of a person;

c. to prevent a person who is arrested, held in custody, or temporarily detained from escaping;

d. to supress riots or rebellions.

3. No one may be subject to a death penalty.

4. Slavery is prohibited.

Article 20 [Right to physical integrity – no arrest without judicial sanction]

1. Everyone has the right to inviolability of his or her body and to the protection by law of his or her health, honour and dignity; no one shall be subjected to torture, violence, coercion, corporal punishment or any form of treatment harming his or her body and health or offending his or her honour and dignity.

2. No one may be arrested without a decision of a Court, or a decision or approval of a Procuracy, except in case of a flagrant offense. The arrest, holding in custody, or detention, of a person shall be prescribed by a law.

3. Everyone has the right to donate his or her tissues, organs or body in accordance with law. Medical, pharmaceutical and scientific experiments, or any other form of experiments, on the human body must be consented to by the human subject.

Article 21 [Right to privacy – Protection of honor]

1. Everyone has the right to inviolability of private life, personal data and family secrets; and has the right to protect his or her honour and reputation. The security of information about private life, personal data or family secrets shall be guaranteed.

2. Everyone has the right to privacy of correspondence, telephone conversations, telegrams and other forms of private communication.

No one may break into, control or seize another's correspondence, telephone conversations, telegrams or other forms of private communication.

Article 22 [Right to residence – Inviolability of the Home]

1. Everyone has the right to a legal residence.

2. Everyone has the right to inviolability of his or her home. No one may enter the home of another person without his or her consent.

3. The search of homes shall be prescribed by a law.

Article 23 [Freedom of movement – freedom of residence]

1. Everyone has the right to free movement within the country and the right to leave the country.

2. Citizens have the right to free residence within the country and the right to return home from abroad.

Article 24 [Freedom of belief and religion]

1. Everyone has the right to freedom of belief and religion, and has the right to follow and propagate any religion or to follow no religion. All religions are equal before law.

2. The State shall respect and protect the freedom of belief and religion.

3. No one may violate the freedom of belief and religion, nor may anyone take advantage of a belief or religion in order to violate the law.

Article 25 [Freedom of expression – Freedom of the press – Right to assembly – Right to information]

1. Everyone has the right to freedom of expression, and the right to express and disseminate his or her opinions in speech, in writing, or by other means.

2. Freedom of the press and media is guaranteed. Censorship is prohibited.

3. Everyone has the right to assembly and to demonstrate peaceably and without arms.

4. Everyone has the right of unhindered access to information from generally available sources.

Article 26 [Gender equality]

1. Men and women have equal rights in all fields. The State shall adopt policies to guarantee the right to and opportunities for gender equality.

2. The State, society and family shall create the conditions for women to develop comprehensively and to advance their role in society.

3. Men and women shall receive equal pay for equal work. Women workers shall have the right to pre-natal and post-natal leaves with full pay.

4. Gender discrimination is prohibited.

Article 27 [Right to vote]

Every citizen who reaches the age of eighteen has the right to vote in elections and in referenda.

Article 28 [Right to petition]

1. Citizens have the right to participate in the management of the State and management of society, and to discuss and propose to state agencies issues about their base units, localities and the whole country.

2. The State shall create the conditions for citizens to participate in the management of the State and society; and shall publicly and transparently receive and respond to the opinions and petitions of citizens.

Article 29 [Right to form political parties]

Citizens who reach the age of eighteen and share a common political belief have the right to form political parties.

Article 30 [Right to complain of illegal acts – Legal remedy]

1. Everyone has the right to lodge complaints or denunciations about illegal acts of agencies, organisations or individuals, particularly including violations of their rights, with the Courts and other competent agencies, organisations or persons, and to receive effective remedy for those acts.

2. The Courts and competent agencies, organisations or persons shall receive and resolve complaints and denunciations. Those suffering damages have the right to material and mental compensation and restoration of honour in accordance with law.

3. Taking revenge on complainants or denunciators, or abusing the right to complaint and denunciation to slander or falsely accuse others, is prohibited.

Article 31 [Innocence until guilt proven – Double jeopardy – Right of defense – No self-witness]

1. A person charged with a criminal offense shall be presumed innocent until proven guilty beyond reasonable doubt according to a legally established procedure and the sentence of the court takes legal effect. He or she, as well as his or her next of kin, must be promptly informed of the nature of the accusation.

2. No one may be prosecuted or tried twice for the same offense.

3. A person charged with a criminal offense shall be promptly tried in an impartial and public manner by a court within a legally established time limit. In case of a closed trial in accordance with law, the verdict must be publicly pronounced.

4. A person who is arrested, held in custody, temporarily detained, charged with a criminal offence, investigated, prosecuted or brought to trial has the right to defend himself or herself in person or choose a defense counsel or another person to defend him or her, to examine evidence against him or her, and to meet with witnesses against him or her face-to-face.

5. No one may be compelled to bear witness against himself or herself.

Article 31 [Habeas corpus – colsutation with lawyer – no detention for debt]

1. A person who is arrested, held in custody, or temporarily detained must be brought before a court within 48 hours, to allow the lawfulness of his or her arrest, holding in custody, or detention to be reviewed. He or she, as well as his or her next of kin, must be promptly informed of the grounds for his or her arrest, holding in custody, or detention.

2. A person who is arrested, held in custody, or temporarily detained has the right to consult with a lawyer of his or her choice. He or she must be promptly informed of this right.

3. A person who is illegally arrested, held in custody, temporarily detained, charged with a criminal offence, investigated, prosecuted, brought to trial or subject to judgment enforcement has the right to compensation for material and mental damages and restoration of honour. A person who violates the law in respect of arrest, detention, holding in custody, laying of charges, investigation, prosecution, trial or judgment enforcement, thereby causing damages to others, shall be punished in accordance with law.

4. No one may be detained for indebtedness.

Article 48 [Extradition – Right to asylum]

1. No one may be extradited contrary to treaties to which the Republic of Vietnam is a contracting party. In any case, extradition on political grounds is absolutely prohibited.

2. Foreign nationals who are persecuted for political grounds may be considered for granting of asylum by the State of the Republic of Vietnam.

SOCIAL AND ECONOMIC RIGHTS

Article 32 [Right to private ownership]

1. Everyone has the right to ownership of his or her property and capital contributions to enterprises or other economic entities.

2. The right to private ownership and the right to inheritance shall be protected by law.

3. In case of extreme necessity for national defense or security reasons or in the national interest, in a state of emergency or in response to a natural disaster, the State may compulsorily purchase or requisition the property of organisations or individuals and pay compensation at market price.

Article 33 [Freedom of enterprise – Freedom of contracts]

1. Everyone has the right to freedom of enterprise in the sectors and trades that are not prohibited by law.

2. Everyone has the right to enter into contracts.

Article 34 [Right to adequate standard of living]

Everyone has the right to an adequate standard of living, including food, water and housing of adequate quality

Article 34 [Right to social security]

Citizens have the right to social security.

Article 35 [Right to work – no forced labor]

1. Citizens have the right to work and to choose their occupations, employment and workplaces.

2. Employees are guaranteed equal and safe working conditions; and have the right to collective bargaining, to strike, and to wages and rest periods.

3. Discriminatory treatment, forced labour or the employment of people below the minimum working age is prohibited.

4. The expression "forced labour", within the meaning of Clause 3, shall not be interpreted as including:

a. labour done by a person who is arrested, held in custody, or temporarily detained as part of his or her arrest, holding in custody, or detention, or as part of the process required to lift it;

b. military service or alternative civil service;

c. labour done to deal with a public emergency, natural catastrophy, or calamity affecting the community well-being;

d. labour forming part of Citizens' obligations.

Article 36 [Right to marry and divorce]

1. Any two people, regardless of gender, have the right to marry and divorce. Marriage must adhere to the principles of voluntariness, monogamy, equality and mutual respect between spouses.

2. The State shall protect marriage and the family, and protect the interests of mothers and children.

Article 37 [Rights of children – Right to state assistance]

1. Children shall be protected, cared for and educated by the State, family and society; children may participate in child-related issues. Harassing, persecuting, maltreating, abandoning or abusing children, exploiting child labour or other acts that violate children's rights are prohibited.

2. Young people shall be provided by their family with the conditions for learning, entertaining themselves, and developing their physiques and minds, and be educated in morality, national traditions and civic consciousness; and shall take the lead in the cause of creative labour and national defense.

3. The elderly, infirm, widows, and orphans shall have the right to receive state assistance.

Article 38 [Right to health]

1. Everyone has the right to health protection and care, and to equality in the use of medical services, and has the obligation to comply with regulations on the prevention of disease and medical examination or treatment.

2. Acts threatening the life or health of other persons and the community are prohibited.

Article 39 [Right to education – School system]

1. Everyone has the right to obtain education and vocational training.

2. The aim of the education system shall be to produce a talented, engaged and active citizenry, imbued with a healthy world outlook and critical thinking.

3. Primary education is compulsory and dispensed free of charge.

4. The State shall supervise the entire school system. The right to establish Private schools shall be guaranteed.

5. Private schools that substitute for state schools shall be regulated by law. Their establishment may not be approved if their educational aims, facilities, and pedagogical staff qualifications are inferior to those of state schools, or if they encourage segregation of students according to the means of their parents.

Article 39 [Freedom from indoctrination]

Everyone has the right to live in an environment free of ideological indoctrination.

Article 40 [Right to make and enjoy creations]

Everyone has the right to conduct scientific or technological research, or literary or artistic creation, and to enjoy the benefits brought about by those activities.

Article 41 [Right to culture]

Everyone has the right to enjoy and access cultural values, participate in cultural life, and use cultural facilities.

Article 42 [Rights of minorities]

1. The State recognizes minorities as a part of the Vietnamese community.

2. Everyone has the right to determine his or her ethnicity, use his or her mother tongue and choose his or her language of communication.

3. Every ethnic group has the right to use its own spoken and written language, to preserve and develop its own identity and to promote its fine customs, practices, traditions and culture.

Article 42 [Renounciation of citizenship]

A citizen has the right to freely renounce Vietnamese citizenship.

Article 43 [Right to environment]

Everyone has the right to live in a clean environment and has the obligation to protect the environment.

OBLIGATIONS

Article 44 [Obligation of loyalty – conduct of public officials]

1. A citizen has the obligation to be loyal to the Fatherland.

2. Public officials shall exercise their duties in an efficient, fair, honorable, dignified, transparent and lawful manner.

Article 45 [Obligation of defense – Organization of the Armed Forces – Military service – Alternative civilian service]

1. It is the sacred duty of citizens to defend their Fatherland. The exercise of this duty shall prejudice neither employment nor civil and political rights.

2. The armed forces shall be regulated and organized consistently with the basic order of democracy based on pluralism.

3. A citizen shall perform military service in a state of war. Peacetime conscription shall be imposed and regulated by law.

4. Conscientious objectors and other persons who are excluded from peacetime conscription shall perform an alternative civil service.

Article 46 [Obligation to observe laws]

A citizen has the obligation to obey the Constitution and law.

Article 47 [Obligation to pay taxes]

Everyone who permanently resides in Vietnam has the obligation to contribute to public expenditure according to his or her means and to pay taxes in accordance with the law.

Chapter V: THE AUTHORITIES OF THE REPUBLIC

THE NATIONAL ASSEMBLY

Article 69 [Functions – Two Chambers]

1. The National Assembly is the highest representative body of the People and the national legislative body of the Republic of Vietnam.

2. The National Assembly shall exercise constitutional and legislative powers, decide on important issues for the country, and exercise the power of supreme oversight over the work of the President, Standing Committee of the National Assembly, and Government.

3. The National Assembly consists of two chambers - the Senate and the House of Representatives. The National Assembly's term follows that of the House of Representatives.

Article 71.2 [Senate – Composition – Elections – Staggered Terms]

1. The Senate is composed of four members - two men and two women - from each province and centrally run city.

2. Each voter is entitled to vote, in a given province or centrally run city:

a. in case of a partial renewal of senators, for one male candidate and one female candidate for senator from that province or centrally run city;

b. in case of a full renewal of senators, for two male candidates and two female candidates for senator from that province or centrally run city.

3. Only one vote may be cast for each candidate; the elected candidates must be those who, among candidates of the same gender, poll the highest numbers of valid votes.

4. Candidates who identify as neither male nor female will decide in which Senate seat they wish to run.

5. The seats of one-half of the senators for each province and centrally run city - one man and one woman - shall be renewed alongside every election to the House of Representatives, unless the most recent renewal of the Senate, whether partial or full, occurred within the two years preceding the election.

6. In the cases prescribed in this constitution, a full renewal of senators will take place.

Article 71.2 [House of Representatives – Composition – Elections]

1. The House of Representatives is composed of members from individual constituencies and members elected by list voting; these members are elected on the principle of universal, equal, direct and secret suffrage.

2. Excluding supernumerary members, the total number of representatives shall be 500; 300 elected by list voting and 200 from individual constituencies.

3. Each province and centrally run city will be divided into individual constituencies, but a province or centrally run city will have at least one individual constituency regardless of population. The number of individual constituencies into which a province or centrally run city is divided will be determined in proportion to its population relative to the population of the entire country, as recorded in the latest official census.

3. For the purposes of electing representatives by list voting, the provinces and centrally run cities will be grouped into electoral regions. A political party will form and submit a list of candidates for each electoral region.

4. Each voter is entitled to vote, in a given individual constituency, for one candidate for representative from that individual constituency.

5. Each voter is entitled to vote, in a given electoral region, for up to fifteen candidates named in any list submitted for that electoral region. Only one vote may be cast for each candidate.

6. After the votes for candidates for representatives from individual constituencies have been tallied, each political party will be complemented with candidates from the lists submitted by it to ensure that the proportion of representatives for each political party reflects the proportion of votes cast for all candidates named in that party's lists most accurately.

7. The complementary candidates shall be selected to ensure that:

a. the number of representatives elected by list voting for each electoral region reach the numbers reflecting the proportion of all votes cast in that electoral region most accurately;

b. elected candidates must be those who poll the highest numbers of valid votes.

8. The election of representatives from individual constituencies is unaffected by the selection of complementary candidates. If a party received more successful candidates in the constituencies that it is entitled to by strict proportion, the extra candidates will serve as supernumeraries.

Article 71 [House of Representatives – Term – Date of Elections]

1. The term of the House of Representatives is four years.

2. Ordinary elections to the House of Representatives shall be held on the Sunday immediately before the last Saturday in May.

3. In the cases prescribed in this constitution, the House of Representatives may be dissolved before the expiration of its term. A House of Representatives succeeding a dissolved house shall serve for the remainder of its Predecessor's term.

4. Elections to the House of Representatives resulting from a dissolution shall be held on the last Sunday in the 60-day period following the dissolution. If the date for holing these elections falls during the last seven months of the House of Representatives's term, they shall be deemed to supplement the Ordinary elections.

5. In special cases, the House of Representatives may decide to shorten or extend its term, at the proposal of the Standing Committee of the National Assembly, if at least two-thirds of the total number of the Representatives vote for it. The extension of the term of the House of Representatives must not exceed twelve months, except in wartime.

Article 70 [State Budget – Taxation powers – Monthly expenditure in absence of a State Budget]

1. The state budget consists of the central budget and local budgets, in which the central budget plays the leading role and ensures national spending needs. State budget revenues and expenditures must be estimated and prescribed by a law.

2. The state budget, national reserve, state financial funds and other public financial resources must be used in an efficient, fair, public, transparent and lawful manner.

3. The National Assembly has the power to introduce, change or abolish taxes, to decide on the division of revenues and expenditures between the central and local budgets, and to decide on the safe limits for national, public and government debts.

4. The President must submit a draft state budget before the National Assembly within ninety days before the start of the Financial year. The National Assembly must decide on the draft state budget within thirty days before the start of the Financial year.

5. If the draft state budget is not passed at the start of the Financial year, the President shall monthly expend funds equivalent to one-twelfth the previous year's state budget, until a state budget is passed.

6. The monthly funds expended in lieu of a state budget can only be used to maintain and operate institutions established the Constitution or law, to meet the legal obligations of the Republic of Vietnam, and to sustain projects to which expenditure has been appropriated in the previous year's state budget.

Article 70 [Regulation of Proceedings – Standing Orders]

1. Each chamber shall regulate its organisation, operation and proceedings in its standing orders, to the extent they are not already provided for by law.

2. The standing orders of the House of Representatives applies to a Joint Sitting of the National Assembly.

Article 72 [Chairpersons – Vice Chairpersons – Sergeants-at-Arms]

1. The National Assembly shall elect its Chairperson and First Vice Chairperson at its first meeting. The Chairperson and First Vice Chairperson of the National Assembly shall be elected from among the National Assembly members; if a senator is elected Chairperson, a representative must be elected First Vice Chairperson, and vice versa. The Chairpersons and Vice Chairpersons of both Chambers of the National Assembly will be Vice Chairpersons of the National Assembly.

2. Each chamber of the National Assembly shall elect its Chairperson, Vice Chairpersons, and Sergeant-at-Arms at its first meeting. The Chairperson and Vice Chairpersons of a chamber of the National Assembly shall be elected from among that chamber's membership. Each party caucus in the relevant chamber will have one Vice Chairperson.

3. The Chairperson and First Vice Chairperson of the National Assembly are responsible, and shall report on their work, to the National Assembly. Their terms of office follow the term of the House of Representatives. At the expiration of the term of the House of Representatives, the Chairperson and First Vice Chairperson of the National Assembly shall remain in office until their successors are elected by the National Assembly.

4. The Chairperson, Vice Chairpersons, and Sergeant-at-Arms of the Senate are responsible, and shall report on their work, to the Senate. Their terms of office follow the period between a renewal of Senators. At the expiration of that period, the Chairperson, Vice Chairpersons, and Sergeant-at-Arms of the Senate shall remain in office until their successors are elected by the Senate.

5. The Chairperson, Vice Chairpersons, and Sergeant-at-Arms of the House of Representatives are responsible, and shall report on their work, to the House of Representatives. Their terms of office follow the term of the House of Representatives. At the expiration of the term of the House of Representatives, the Chairperson, Vice Chairpersons, and Sergeant-at-Arms of the House of Representatives shall remain in office until their successors are elected by the succeeding House of Representatives.

Article 72 [Officers of the National Assembly – Functions]

1. The Chairperson of the National Assembly shall prepare, convene and preside over joint sittings of the National Assembly, and direct their proceedings; authenticate by his or her signature the laws and joint resolutions of the National Assembly; lead the work of the Standing Committee of the National Assembly; and organise the conduct of the external relations of the National Assembly.

2. Joint sessions of the National Assembly shall be presided over by the first person present among the following:

a. Chairperson of the National Assembly;

b. First Vice Chairperson of the National Assembly;

c. Chairperson of the Senate;

d. Chairperson of the House of Representatives;

e. a Vice Chairperson of either chamber designated for the purpose by the joint sitting;

f. a member of the National Assembly designated for the purpose by the joint sitting.

3. Vice Chairpersons of the National Assembly shall assist the Chairperson in his or her work as assigned by the Chairperson.

Article 72 [Officers of the chambers – Functions]

1. The Chairperson of each chamber of the National Assembly shall prepare, convene and preside over sittings and direct the proceedings of the relevant chamber; and authenticate by his or her signature the resolutions of the relevant chamber.

2. Vice Chairpersons of each chamber of the National Assembly shall assist the Chairperson in his or her work as assigned by the Chairperson; in the absence of the Chairperson, a Vice Chairperson, or any member of the relevant chamber in the absence of any and all Vice Chairpersons, designated for the purpose by the chamber in both cases, shall preside.

3. The Sergeant-at-Arms of each chamber of the National Assembly shall maintain order and security within the premises of the relevant chamber. In premises of the National Assembly as a whole, order and security shall be maintained jointly by the Sergeants-at-Arms of both chambers.

Article 73 [Standing Committee of the National Assembly]

1. The Standing Committee of the National Assembly is the permanent body of the National Assembly.

2. The Standing Committee of the National Assembly is composed of the Chairperson and First Vice Chairperson of the National Assembly, the Chairpersons and Vice Chairpersons of both chambers of the National Assembly, the Chairpersons and First Vice Chairpersons of the Joint Committees of the National Assembly, the Chairpersons of the Committees of each chamber, and the floor leaders of the party caucuses in both chambers.

3. A member of the Standing Committee of the National Assembly may not concurrently be a member of the Government.

4. The Standing Committee of the National Assembly shall perform its tasks and exercise its powers until a new Standing Committee is established by the succeeding National Assembly.

5. The Standing Committee of the National Assembly has the task of preparing sessions of the National Assembly; and of directing, harmonizing and coordinating the work of the Joint Committees of the National Assembly and of the Committees of each chamber.

Article 76 [Joint Committees – Committees of the chambers]

1. A Joint Committee of the National Assembly is composed of the Chairperson, First Vice Chairperson, other Vice Chairpersons and members. Chairpersons and First Vice Chairpersons of the Joint Committees shall be separately elected by the chambers; the person elected by the Senate shall serve as Chairperson for the first two years of the National Assembly's term, and the person elected by the House of Representatives shall serve as Chairperson for the remaining term, with the other serving as First Vice Chairperson; other Vice Chairpersons and members of the Joint Committees shall be approved by the Standing Committee of the National Assembly.

2. A Committee of either chamber of the National Assembly is composed of the Chairperson, Vice Chairpersons and members. Chairpersons of the Committees shall be elected by the relevant chamber; Vice Chairpersons and members of the Committees shall be approved by a committee of selection consisting of the members of the Standing Committee of the National Assembly who are members of the relevant chamber.

3. The Joint Committees of the National Assembly and of the Committees of each chamber shall verify draft laws, proposals on laws, other drafts, and reports as assigned by the National Assembly, the Standing Committee of the National Assembly or the relevant chamber; exercise the oversight power within the scope of their powers and tasks prescribed by a law; and make proposals on issues that fall within the scope of their activities.

4. The establishment or dissolution of the Joint Committees shall be decided by the National Assembly; The establishment or dissolution of the Committees of a chamber shall be decided by that chamber.

Article 77 [Inquiry powers of Committees]

1. The Joint Committees of the National Assembly and of the Committees of each chamber may conduct inquires for the performance of their tasks and the exercise of their powers.

2. As part of these inquiries the Joint Committees of the National Assembly and of the Committees of each chamber request members of the Government or other concerned individuals to make reports, give explanations or provide documents on necessary matters.

Article 78 [Ad-hoc Committees – Committees of the chambers]

Either chamber of the National Assembly may, as necessary, establish an ad-hoc Committee to study and verify a certain project or investigate a certain issue.

Article 80 [Government supervision – Votes of Censure]

1. The House of Representatives has the power of supreme oversight over the formulation and implementation of policies by the President and Government.

2. The House of Representatives may conduct votes of censure on the Prime Minister, Ministers and other members of the Government.

3. Censure shall be decided by the House of Representatives if a majority of the total number of the representatives vote for it. If the vote of censure is conducted on the Prime Minister, it must name a prospective successor.

4. At least one-tenth of the total number of the representatives have the right to propose censure to the House of Representatives. At least 24 Hours shall elapse between the proposal and the vote.

Article 80 [Votes of Confidence]

1. The Government may request the House of Representatives to conduct a vote of confidence in it.

2. Confidence shall be decided by the House of Representatives if a majority of the total number of the representatives vote for it. At least 24 Hours shall elapse between the proposal and the vote.

Article 79 [Membership of the National Assembly – Full-time Membership]

1. Membership of the National Assembly is a full-time position. While in office, a Member of the National Assembly cannot hold any other remunerated position.

2. A Member of the National Assembly shall represent the People of the whole country, and not just those of his or her constituency.

3. In the exercise of his or her functions, a Member of the National Assembly shall be subject only to the Constitution of the Republic of Vietnam, the interests of the country, and his or her own conscience, and shall not be bound by any imperative mandate whatsoever.

Article 80 [Questions to the Government – Right to request information – Evidence immunity]

1. Members of the National Assembly have the right, at a session of the National Assembly, to raise oral or written questions to the Prime Minister, Ministers and other members of the Government. One meeting of the House of Representatives per week shall be reserved to oral questions to the Prime Minister.

2. The questioned persons shall present their answers before the relevant chamber at a session of the National Assembly; the chamber may, as necessary, allow the questioned persons to submit written answers.

3. Members of the National Assembly have the right to request agencies, organisations or individuals to provide information and documents related to the latter's tasks.

4. No Member of the National Assembly may be compelled to provide information or documents given to him or her in the exercise his or her duties as evidence.

Article 81 [Members' immunity]

1. No Member of the National Assembly may be arrested, held in custody, detained or prosecuted without the consent of the chamber of which he or she is a member or, when the National Assembly is in recess, without the consent of the relevant Chairperson. In the case a member is detained for a flagrant offense, the agency holding the member in custody shall immediately report the case to the relevant chamber or Chairperson for consideration and decision.

2. A Member of the National Assembly who is prosecuted on criminal charges shall be automatically granted bail and continue to exercise the duties of his or her as a member. In the case a member is convicted, he or she will immediately be removed from office.

3. No Member of the National Assembly may be prosecuted or held liable for statements made or votes cast by them in sessions of the National Assembly.

Article 83 [Sessions of the National Assembly – Public and closed sittings – First meeting of the National Assembly]

1. The National Assembly shall hold sittings in public. A chamber may, when necessary and at the request of the President, Standing Committee of the National Assembly, Prime Minister or at least one-third of the total number of the members of that chamber, decide to conduct a closed sitting; the National Assembly may likewise decide to conduct a closed joint sitting.

2. The National Assembly shall hold two ordinary sessions a year; One session shall begin on the first Monday of February, and the other on the first Monday of August. An ordinary session of the National Assembly shall last for a period between three to four months. The ordinary sessions of the National Assembly shall be convened ipso jure.

3. The National Assembly shall hold an extraordinary session when so requested by the President, Standing Committee of the National Assembly, Prime Minister or at least one-third of the total number of the members of either chamber. An extraordinary session of the National Assembly shall last for not longer than seventy days. The Standing Committee of the National Assembly shall convene extraordinary sessions of the National Assembly.

4. The first session of a newly elected National Assembly must be convened within thirty days from the date of election of Representatives.

Article 83 [First meeting of the National Assembly – Members' oath]

1. The first meeting of a newly elected National Assembly shall be first conducted as a joint sitting; this joint sitting must be opened and presided over by the Chairperson of the outgoing National Assembly until the new National Assembly elects its Chairperson.

2. After being elected, the Chairperson of the National Assembly shall take the following oath of loyalty to the Fatherland, the People and the Constitution before the National Assembly:

"I solemnly swear to be loyal to the Republic of Vietnam and its People, to truthfully represent their views in the National Assembly, and to place my service to them above my personal self-interest. I swear to respect, uphold and enforce the Constitution and Laws of the Republic of Vietnam. I swear to fulfill my mandate in the National Assembly to the best of my ability."

3. After the Chairperson of the National Assembly takes his oath of loyalty, each and every other member of the National Assembly, beginning with the First Vice Chairperson, shall rise and declare:

"I likewise swear."

4. After all members have taken their oath of loyalty, the joint sitting shall disperse and the meeting shall continue in separate sittings for each chamber; these separate sittings must be opened and presided over by the Chairperson or First Vice Chairperson of the National Assembly, as the case may be, until the new chambers elect their Chairpersons.

5. If a Member of the National Assembly assumes office after the first session, he or she shall take the full oath laid down in Clause 2 before the relevant chamber.

Article 84 [Draft laws – proposals of laws – preliminary consideration]

1. The President, Standing Committee of the National Assembly, Committees of the National Assembly and the members of the Government have the right to submit draft laws to the National Assembly.

2. National Assembly deputies have the right to submit their proposals on laws to the National Assembly for preliminary consideration. A proposal on law approved in preliminary consideration must be referred to a Committee of the National Assembly, which must submit it to the National Assembly as a draft law.

3. Proposals on laws which introduce, change or abolish taxes cannot be submitted by National Assembly deputies.

Article 84 [Passage of laws – Committee consideration]

1. Draft laws shall be passed by each chamber in three stages as follows:

a. the first stage will take place at least two days after the draft law is submitted; the debate will be done on the draft law's contents in general, and the vote will be made on the entire draft law; a draft law approved in first stage must be referred to a Joint Committee of the National Assembly or a Committee of that chamber for further consideration;

b. the second stage will take place as soon as possible after the draft law's further consideration is completed; the debate will be done on the draft law's detailed provisions, and the vote will be made on the draft law's articles separately; however, continuous sections of articles without proposed amendments will be voted on as one;

c. the third stage will take place as soon as possible after the draft law's second stage is completed; the vote will be made, without debate, on the entire draft law.

2. A Joint Committee of the National Assembly or a Committee of the relevant chamber may amend a draft law approved in first stage and referred to it, merge multiple such draft laws, or split such a draft law, if it deems it necessary. In case of a Joint Committee of the National Assembly, only members of the relevant chamber may vote.

3. A draft law approved in third stage by the relevant chamber shall be deemed passed by that chamber.

Article 84 [Laws passed by both chambers – Presentation to the President]

1. A draft law passed by both chambers shall be transmitted to the President within three consecutive days.

2. The President must sign such a draft law within thirty days of its receipt, and it shall become law upon being signed by the President.

3. The President may return the draft law to its chamber of origin, together with a request to reconsider that draft law outlining his or her objections, within the period referred to in Clause 2; if that draft law is still voted for by at least two-thirds of members present, amounting to a majority of the total number of the members of the relevant chamber, it shall be forwarded to the other chamber; if that draft law is likewise voted for by the other chamber, it shall become law upon being re-approved.

4. If the President neither signs the draft law nor requests the National Assembly to reconsider it within the period referred to in Clause 2, it shall automatically become law and will be promulgated by the Chairperson of the National Assembly; if the President does not promulgate the draft law within that period, the Chairperson of the National Assembly will promulgate it.

Article 85 [Majority – Quorum]

1. The chambers of the National Assembly, as well as the National Assembly in joint sitting, shall each make their decisions by a vote of the majority of members present, unless otherwise stated in this constitution.

2. The chambers of the National Assembly shall each require a quorum of one-third of its respecitve members to do business; the National Assembly in joint sitting shall require a quorum of one-third of Senators and one-third of Representatives, counted separately. In all cases, adjournment, recess, and summoning of absent members by means of compelling their attendance shall be permitted regardless of the quorum being met.

THE PRESIDENT AND THE GOVERNMENT

Article 86 [President's Functions]

1. The President is the Head of State, shall represent the Republic of Vietnam internally and externally and shall exercise executive power.

2. The President is the Commander-in-Chief of the Armed Forces, the Security and Intelligence Forces, and the Police.

Article 87 [President's Election]

1. The President shall be elected on the principle of universal, equal, direct and secret suffrage.

2. To be nominated as a candidate for President, a person must be supported by:

a. at least 30 National Assembly deputies;

b. at least 50,000 voters who reside in at least 12 provinces or centrally run cities, the number of supporting voters in any of those provinces or centrally run cities being at least 2,000;

c. a political party which has won at least three seats in the National Assembly elections.

3. The elected candidate must be the one who polls a majority of valid votes in the entire country, as well as a majority of valid votes in a majority of provinces and centrally run cities and a number of votes equal to at least 40 per cent of the electorate. If no candidate polls such a majority, a second round will be held 14 days after the initial round.

4. Only the candidates with the highest number of valid votes in the initial round, after the elimination of the candidates lawfully withdrawn between the initial and second rounds, shall advance to the second round, but if there is only one such ticket, the candidates with the second-highest number of valid votes in the initial round will advance as well.

5. In the second round, the elected candidate must be that which polls the highest number of valid votes in the entire country. If more than one ticket polls such a number, the tie will be broken by drawing lots.

Article 87.1 [President's Term – Date of Elections]

1. The term of office of the President is five years. At the expiration of the term of the President, the outgoing President shall remain in office until the new President is sworn in.

2. Ordinary elections of the President shall be held on the Sunday immediately before the last Saturday in May.

3. In special cases, the National Assembly may decide to shorten or extend the term of office of the President, at the proposal of the Standing Committee of the National Assembly, if at least two-thirds of the total number of the Members of each chamber vote for it. The extension of the term of the President must not exceed twelve months, except in wartime.

Article 87.2 [President's oath]

1. When assuming office, the President shall take the following oath of loyalty to the Fatherland, the People and the Constitution before the National Assembly:

"I solemnly swear before the nation, and in the presence of its representatives, to be loyal to the Republic of Vietnam and its People, to devote all my energy to their well-being, to promote their welfare, to protect them from harm, and to place my service to them above my personal self-interest. I swear to respect, uphold and enforce the Constitution and Laws of the Republic of Vietnam. I swear to fulfill my duties as President of the Republic of Vietnam to the best of my ability, and to entrust them to my successor in due time."

2. The oath shall be taken in the presence of the Supreme Court and administered by its Chief Justice.

3. If the President cannot take the oath before the National Assembly for any reason, he or she will take it before the Supreme Court.

Article 88 [Foreign policy powers]

1. The President shall decide on fundamental foreign policies.

2. The President shall appoint and recall ambassadors to foreign states, and issue their letters of credence; he or she receives ambassadors sent to the Republic of Vietnam by foreign states, who shall be accredited to him or her.

3. The President shall ratify, or decide on the accession to or withdrawal from, treaties, but must first receive the consent of the Senate in case of treaties:

a. related to war, peace, national sovereignty or the membership of the Republic of Vietnam in important international and regional organisations;

b. on human rights or fundamental rights and obligations of citizens;

c. which cannot be renewed every year;

d. which will cause a grave financial burden on the State;

e. which require legislation to be implemented.

Article 88 [Defense policy powers]

1. The President shall decide on fundamental defense policies.

2. The President shall decide on the award, promotion, demotion or deprivation of the ranks of colonel or naval captain onwards.

3. Based on resolutions of the Senate, the President shall declare a state of war, issue an order on general or partial mobilisation, or declare or cancel a state of emergency; he or she may declare these provisionally for up to 45 days in case the Senate cannot meet.

Article 88 [Conferral of Awards – Titles of Nobility prohibited – Pardon – Amnesty]

1. The President shall confer orders, medals, state prizes and state honorary titles of the Republic of Vietnam.

2. The Republic of Vietnam may not establish any title of nobility; Vietnamese citizens may not accept foreign titles of nobility without the consent of the President.

3. The President has the power to pardon criminals or commute their penalties; general amnesty may only be proclaimed by law.

Article 89 [National Defense and Security Council]

1. The National Defense and Security Council is composed of the President as Chairperson, the Vice President as Vice Chairperson, and the Prime Minister, Ministers of Defense, Foreign Affairs and Homeland Security, Chief of the General Staff of the Armed Forces, Inspector-General of the Police and Directors of the Intelligence Services as members. The National Defense and Security Council shall work on a collegial basis and make its decisions by a vote of the majority.

2. The National Defense and Security Council shall give advice on matters of National Defense and Security to the President; mobilise all forces and capacity of the country to defend the Fatherland; perform special tasks and exercise special powers assigned to and vested in it by the National Assembly in case of war; and decide on the participation of the armed forces in peacekeeping operations in the region and around the world.

Article 90 [Communication with the National Assembly – Annual report on the State of the Country]

1. The President may communicate with the National Assembly by means of written message and may hold an address before the National Assembly whenever he or she considers it necessary.

2. The President shall report annually on the State of the Country and on his or her work and the work of the Government, the Prime Minister and the Ministers in an address to the National Assembly, and may recommend measures that he or she considers necessary in that address.

Article 90 [Attendance of Government meetings – Regulation of Government proceedings]

1. The President shall attend meetings of the Government which discuss issues of national interest in foreign affairs, defense, and public security, and may attend other meetings of the Government.

2. The President may request the Government to meet to discuss issues that he or she considers necessary to fulfill his or her tasks or exercise his or her powers, and shall attend those meetings once convened.

3. The President shall preside over those meetings of the Government which he or she attends.

4. The President shall regulate the organisation, operation and proceedings of the Government.

Article 91 [Orders and decisions – Emergency Measures]

1. The President shall issue orders and decisions for the performance of his or her tasks or the exercise of his or her powers.

2. In case of necessity for overcoming any grave threat to the safety of the motherland or the integrity of its territory, or any obstruction of the constitutional role of State institutions, the President shall take all necessary measures after consulting the Prime Minister and the Chairperson of the National Assembly, with the aim of restoring the proper function of State institutions as soon as possible, and inform the people about the measures taken. The House of Representatives may not be dissolved as the result of the exercise of these powers.

3. The Supreme Court shall investigate and decide, ipso jure, the question of whether or not the conditions laid down in Clause 2 still apply within sixty days of the adoption of the measures made for overcoming them.

Article 92 [Vice President]

3. The Vice President shall be elected jointly with the President on the same ticket. His or her term of office follows the term of office of the President.

2. The Vice President shall assist the President in his or her work and may be delegated certain tasks by the President to perform on behalf of the President.

Article 93 [Incapacity – Vacancy]

1. When the President is incapacitated from work over a long period of time, the Vice President shall act as President.

2. In case of vacancy of the Presidency, the Vice President shall become President for the remainder of the President's term.

3. In case of vacancy of the Vice Presidency, the President shall nominate a replacement and appoint him or her with the approval of the National Assembly.

Article 93 [Double Vacancy – Special elections]

1. In case of vacancy of both the Presidency and the Vice Presidency, a new President and Vice President shall be elected to serve for the remainder of their predecessors' terms. The Chairperson of the National Assembly shall serve as acting President until the new President and Vice President are sworn in.

1. Elections of the Presidency resulting from clause 1 shall be held on the last Sunday in the 60-day period following the latter vacancy. If the date for holding these elections falls during the last seven months of the President's term, they shall be deemed to supplement the Ordinary elections.

Article 94 [Government's Functions – Government Responsibility]

1. The Government is the national administrative body of the Republic of Vietnam.

2. The Government is responsible to the President and the House of Representatives.

Article 95 [Government Composition – Government Structure – Ministries]

1. The Government is composed of the Prime Minister, Deputy Prime Ministers, Ministers, and Heads of ministerial-level agencies.

2. The structure and number of members of the Government shall be decided by the President.

3. Ministries and ministerial-level agencies of the Government shall be established and dissolved by law, or by the President in pursuance to law.

Article 95 [Government Proceedings – Roles of Government Members]

1. The Government shall work on a collegial basis and make its decisions by a vote of the majority.

2. The Prime Minister is the head of the Government and responsible to the President and the House of Representatives for the work of the Government and assigned tasks; and shall report weekly on his or her work and the work of the Government and the Ministers to the President.

3. Deputy Prime Ministers shall assist the Prime Minister in his or her work as assigned by the Prime Minister, and are responsible to the Prime Minister for their assigned tasks. In the absence of the Prime Minister, a Deputy Prime Minister delegated by the Prime Minister shall lead the work of the Government on behalf of the Prime Minister.

4. Ministers and Heads of ministerial-level agencies are personally responsible to the Prime Minister, Government, President and House of Representatives for the sectors and fields under their charge and, together with other members of Government, shall assume the collective responsibility for the work of the Government.

Article 95.1 [Prime Minister]

1. The Prime Minister shall be appointed by the President from among nominees proposed by him or her and approved by the House of Representatives. The President shall consult the floor leaders of the party caucuses in the House of Representatives before proposing nominees for the office of Prime Minister.

2. The House of Representatives shall vote, without debate, to approve or reject each nominee for the office of Prime Minister separately.

3. A nominee for the office of Prime Minister shall be approved by the House of Representatives if a majority of the total number of representatives vote for him or her.

4. If, after three rounds of consultation with the floor leaders of the party caucuses in the House of Representatives, none of the nominees for the office of Prime Minister are approved by the House of Representatives, the President shall appoint a Prime Minister of his or her own free choice.

5. If the House of Representatives decides on censure on the Prime Minister, the President shall appoint the person named in the motion of censure as successor as Prime Minister.

Article 95.2 [Ministers – Deputy Prime Ministers – Deputy Ministers]

1. Ministers and Heads of ministerial-level agencies shall be appointed and dismissed by the President after consultation with the Prime Minister.

2. Deputy Prime Ministers shall be designated by the President from among the Ministers and Heads of ministerial-level agencies, after consultation with the Prime Minister.

3. Deputy Ministers or officials of equal rank of ministries or ministerial-level agencies shall be appointed and dismissed by the Prime Minister after consultation with the relevant Minister or Head of ministerial-level agency.

Article 96 [Policy-making powers – Implementation of laws – Treaty-making powers]

1. The Government shall propose, formulate, decide on and implement national policies in matters which lie outside the President's competence.

2. The Government shall organize the implementation of the Constitution, laws, treaties and and orders and decisions of the President.

3. The Government shall negotiate and conclude treaties, and submit them to the President for decision once concluded.

Article 97 [Government's term – Effects of censure vote]

1. The term of the Government follows the term of the Prime Minister. At the expiration of the term of the Prime Minister, the Government shall remain in office until a new Prime Minister is appointed by the President.

2. Once the House of Representatives decides on censure, the censured member of the Government shall be removed from office.

3. Once the House of Representatives rejects a vote of confidence, the Prime Minister shall be removed from office.

Article 98 [Prime Minister's functions]

The Prime Minister leads the work of the Government, including formulation of policies and implementation of legal documents.

Article 99 [Ministers' functions]

1. Ministers and Heads of ministerial-level agencies are members of the Government, shall preside over their ministries or ministerial-level agencies, and shall lead the work of their ministries or ministerial-level agencies; shall perform the state management of the sectors and fields under their charge; and shall organise and monitor nationwide the implementation of laws concerning their sectors and fields.

2. Ministers and Heads of ministerial-level agencies shall report on their work to the Government and Prime Minister.

Article 100 [Legal documents]

The Government, the Prime Minister, Ministers, and Heads of ministerial-level agencies shall promulgate legal documents to perform their tasks and exercise their powers, review the implementation of those documents, and deal with unlawful documents in accordance with law.

THE COURTS AND THE PROCURACIES

Article 102

1. The Courts are the judicial bodies of the Republic of Vietnam and exercise judicial power.

2. The Courts include:

a. the Supreme Court;

b. the High Courts;

c. the Provincial Courts; and

d. other Courts prescribed by a law.

3. The Courts have the duty to safeguard justice, human rights, citizens' rights, the rule of law, and the rights and interests of organisations and individuals, thus contributing to ensuring the strict observance of the law.

Article 103

1. No one may be prevented from being heard by the courts to which he or she is legally entitled to apply against his or her will.

2. Judges are independent and subject only to the law. Agencies, organisations or individuals are prohibited from interfering in a trial.

3. The Courts shall hold their hearings in public. In special cases determined by law and at the request of an involved party, the Court may hold a closed hearing.

4. Except in the case of a trial by summary procedure, the Courts shall try cases on a collegial basis and make decisions by a vote of the majority.

5. The adversarial principle shall be guaranteed in trials.

6. The first-instance and appellate hearing system shall be guaranteed.

7. The right of the accused or defendants to a defense, and the right of involved parties to protect their legitimate interests, shall be guaranteed.

Article 104

1. The Supreme Court is the highest judicial body of the Republic of Vietnam.

2. The Supreme Court is composed of fifteen Justices.

3. The longest-serving Justice of the Supreme Court is its Chief Justice. If two or more Justices of the Supreme Court are its longest-serving Justices, the oldest among them is the Chief Justice.

Article 104

1. The Supreme Court shall supervise the judicial work of other Courts, unless otherwise prescribed by a law.

2. The Supreme Court shall make overall assessment of adjudicating practices, ensuring the uniform application of law in trial.

3. The Supreme Court has the power to issue regulations regarding the protection and enforcement of constitutional rights and procedure in all courts.

Article 104

1. The Supreme Court has the power to issue the following writs:

a. writs compelling the release of a detained person in order for the Court to review the lawfulness of that detention (Habeas Corpus);

b. writs compelling the release of personal information on the petitioner kept by an agency or organization in order for the petitioner to review it (Habeas Data);

c. writs compelling an agency or organization to do, or refrain from doing, any particular action, where a legal requirement for this exists (Mandamus);

d. writs compelling an agency or organization to refrain from doing any illegal action (Prohibition);

e. writs for disclosing the legal grounds for any action done by an agency or organization (Quo warranto);

f. writs compelling an agency or organization to provide relief for damages done to the petitioner and caused by the agency's or organization's actions (Amparo);

g. writs compelling an agency or organization to provide relief for serious environmental damage affecting two or more provinces and caused by the agency's or organization's actions (Kalikasan).

2. Lower courts have the right to exercise the powers set out in clause 1 if doing so is related to the case at hand; the Supreme Court has the power to affirm, revise or annul rulings of lower courts on these questions.

Article 104

1. The Supreme Court has original jurisdiction over the following cases:

a. cases involving a Member of the Government;

b. cases involving Ambassadors, Consuls, and all other diplomatic envoys sent to the Republic of Vietnam by foreign states;

c. cases involving petitions for the writs of Habeas Corpus, Habeas Data, Mandamus, Prohibition, Quo warranto, Amparo and Kalikasan.

Article 104

1. The Supreme Court has the following powers:

a. to interpret the Constitution, laws, and other legal documents;

b. to decide on whether laws conform to the Constitution, and to annul laws to the extent of contravention;

c. to decide on whether documents of the President, Standing Committee of the National Assembly, Government, Prime Minister, Ministers and Heads of ministerial-level agencies conform to the Constitution and the laws under which they are issued, and to annul those documents to the extent of contravention;

d. to decide on whether provincial statutes conform to the Constitution and the laws dealing with the same topic, and to annul provincial statutes to the extent of contravention;

e. to decide on whether documents of the Governors, Executive Commissions, Commissioners, and heads of commission-level agencies of provinces and centrally run cities conform to the Constitution and the laws or provincial statutes under which they are issued, and to annul those documents to the extent of contravention.

2. Lower courts have the right to exercise the powers set out in clause 1 if the documents or provisions concerned relate to the case at hand; the Supreme Court has the power to affirm, revise or annul rulings of lower courts on such exercise.

Article 105

1. The Supreme Court has the power to dissolve political parties which stand prohibited by Article 4.

2. The Supreme Court has the power to resolve conflicts of powers between the central and local levels.

Article 105

1. The Justices of the Supreme Court shall be appointed by the President from among nominees proposed by him or her and approved by the Senate.

2. The Judges of the High Courts shall be appointed by the Minister of Justice from among nominees proposed by him or her and approved by the Senate.

3. The Judges of the Provincial Courts shall be appointed by the Minister of Justice from among nominees proposed by the relevant Governor and approved by the Senate.

Article 105

1. The appointment of every Justice of the Supreme Court shall be reviewed by the people alongside the first election to the House of Representatives following his or her appointment, unless that election occurs in the first two years of the Justice's term.

2. The term of office of the Justices of the Supreme Court is until a review under Clause 1. If the appointment of a Justice of the Supreme Court is approved by the people, his or her term of office shall be extended until he or she reaches the age of seventy-five.

3. The term of office of the Judges of the High Courts and Provincial Courts shall be until they reach the age of seventy-two.

Article 105

1. The appointment, approval, relief from duty, dismissal, and term of office of other Judges, and the election and term of office of Assessors, shall be prescribed by a law.

2. In all cases, the National Judicial Council shall be consulted about the appointment, relief from duty, promotion, demotion, transfer and dismissal of Judges.

Article 105

1. Judges shall become irremovable in the following cases:

a. for Justices of the Supreme Court, when their appointment is approved by the people;

b. for other Judges, at the expiration of five years following the date of their appointment.

2. Irremovable judges may only be dismissed before the expiration of their term due to impeachment, resignation, a sentence of imprisonment for a criminal offence taking legal effect, incapacity from work over a period of time exceeding one year, improper conduct of office, or abuse of power.

3. Irremovable Judges shall lose their irremovability immediately if they are appointed to the Supreme Court. Judges dismissed due to resignation or incapacity from work shall re-acquire their irremovability immediately whenever they are re-appointed, except if they are appointed to the Supreme Court.

Article 105

1. No Judge may be arrested, held in custody, detained or prosecuted without the consent of the National Judicial Council. In the case a Judge is detained for a flagrant offense, the agency holding the Judge in custody shall immediately report the case to the Council for consideration and decision.

2. A Judge who is prosecuted on criminal charges shall not exercise his or her judicial duties until his or her acquittal. In the case a Judge is convicted, he or she will immediately be removed from office.

3. No Judge may be prosecuted or held liable for statements or rulings made by them in a judicial capacity.

Article 105

1. The National Judicial Council is composed of the following persons:

a. the Minister of Justice as Chairperson;

b. the Chief Justice of the Supreme Court as Vice Chairperson;

c. two members elected by the Representatives from among themselves;

d. two members elected by the Senators from among themselves;

e. one member appointed by the Minister of Justice from among the other members of the government;

f. two members elected by the Justices of the Supreme Court from among themselves;

g. two members elected by the members of the Bar Association from among themselves.

2. The National Judicial Council shall work on a collegial basis and make its decisions by a vote of the majority.

Article 106

1. The judgments and decisions of the Courts which have taken legal effect are binding on all Courts and Procuracies subordinate to the issuing Court, must be respected by all other agencies, organisations and individuals and must be strictly observed by the concerned agencies, organisations or individuals.

2. In particular, the judgments and decisions of the Supreme Court are binding on all Courts and Procuracies, other than the Supreme Court itself.

3. Clauses 1 and 2 shall not be interpreted as preventing a Court from overturning its own precedent.

4. A court has the power to decide on whether documents of the Courts and Procuracies subordinate to it conform to the binding judicial precedent applicable to the issuing Court or Procuracy, and annul those documents if it finds them to contravene the binding judicial precedent applicable to the issuing Court or Procuracy.

Article 107

1. The Procuracies shall exercise the power to prosecute in criminal matters and supervise criminal investigations.

2. The Procuracies include the Supreme Procuracy and other Procuracies as prescribed by a law.

Article 108

1. The Procuracies can only participate in civil judicial proceedings for the purpose of acting on behalf of a person who is subject to legal incapacity, based on a request by the Procurator outlining his or her reasons for doing so and approved by the Court concerned.

2. Clause 1 shall neither be interpreted as preventing the person from challenging his or her alleged legal incapacity on his or her own, nor be interpreted as allowing the Procuracy to overturn that person's existing competent legal guardians unilaterally.

Article 108

1. The National Judicial Council shall appoint the Procurator General of the Supreme Procuracy by a vote of two-thirds of the total number of its members.

2. The term of office of the Procurator General of the Supreme Procuracy is nine years. The sitting Procurator General of the Supreme Procuracy is ineligible for re-appointment.

3. The term of office of other Procurators shall be until they reach the age of seventy-two.

4. The appointment, relief from duty, and dismissal of Procurators shall be prescribed by a law. In all cases, the term of office of Procurators can only expire due to impeachment, resignation, a sentence of imprisonment for a criminal offence taking legal effect or incapacity from work over a period of time exceeding one year.

5. In all cases, the National Judicial Council shall be consulted about the appointment, relief from duty, promotion, demotion, transfer and dismissal of Procurators.

Article 109

1. The Procuracies shall be led by their Chief Procurators. The Chief Procurator of a Procuracy is subject to the leadership of the Chief Procurator of the Procuracy at a higher level. The Chief Procurators of Procuracies at lower levels are subject to the unified leadership of the Procurator General of the Supreme Procuracy.

2. Instructions given to a Procuracy at a lower level must be made in writing; the lower Procuracy concerned shall have the right to request further reasoning for such instructions from the higher Procuracy which issued them, and this further reasoning shall be given in writing.

3. When exercising his powers, a Procurator shall abide by the law. If a Procurator finds an instruction given to him or her to run contrary to the rule of law or his or her own conscience, he or she may request an exemption from executing that instruction in writing. The Procurator may also appeal on the legality of that instruction before the courts.

Chapter IX: LOCAL ADMINISTRATION

Article 110

1. The administrative units of the Republic of Vietnam shall be defined as follows:

a. The country shall be divided into provinces and centrally run cities;

b. A province shall be divided into rural districts, towns, and provincial cities; a centrally run city shall be divided into urban districts, rural districts, towns, and equivalent administrative units;

c. A rural district shall be divided into communes and townships; a town or provincial city shall be divided into wards and communes; and an urban district shall be divided into wards.

2. Special administrative-economic units may be established by law.

3. The establishment, dissolution, consolidation, separation or adjustment of the boundaries of, an administrative unit must be consulted with local People as far as practicable and must comply with the process and procedures prescribed by law.

Article 111

Local administrations shall be organised in administrative units of the Republic of Vietnam, consistent with the characteristics of the rural areas, urban areas, islands or special administrative-economic units, as prescribed by law.

DISTRIBUTION OF EXECUTIVE AND LEGISLATIVE POWERS BETWEEN THE CENTRAL AND PROVINCIAL LEVELS

Article 111

State agencies at the central level shall have legislative and executive powers in the following matters:

1. Foreign affairs;

2. Defense; Armed forces; Weapons, firearms, ammunition and explosives;

3. Nationality and immigration; customs and visa regime; international and national seaports and airports; rail and road links to foreign countries; border control;

4. Criminal, civil, and commercial law;

5. Administration of Justice;

6. Communication and transportation; railways;

7. Economic and financial affairs; the central budget; centrally-imposed taxes;

8. Currency; stock markets and banks;

9. Technical standards, including units of measurement;

10. Foreign trade; Trade between the provinces and centrally-run cities;

11. Telecommunication infastructure; postal service; radio and television;

12. Industrial and labor law;

13. Public security; Police affairs; Intelligence agencies; Prisons;

14. Labor regimes and salaries of employees of state agencies at the central level, including elected officeholders;

15. Cultural development; preservation of historical artifacts; national archives, libraries and museums;

16. Post-High School education, inclduing university and technical education; educational facilities and staff at the post-High School level;

17. Narcotic drugs; Prostitution; Gambling and casinos; Alcohol, tobacco and marijuana.

Article 111

In the following matters, state agencies at the central level shall have legislative powers, while state agencies at the provincial level shall have executive powers;

1. Family law; 2. Elementary and High School education; educational facilities and staff at the Elementary and High School levels; 2. Road traffic regulation; Registration of cars and motorcycles; 3. Agriculture and fishing; Animal control; pollution; 4. Seaports and airports; railways; Intercity bus services; 4. Social security; 5. Statistics; 6. Health services; Hospitals and clinics.

Article 111

State agencies at the central level shall have legislative and executive powers in the following matters:

1. Foreign affairs; 2. Defense; Armed forces; Weapons, firearms, ammunition and explosives; 3. Nationality and immigration; pilgrimages to sites in foreign countries; 4. Criminal, civil, and commercial law; 5. Administration of Justice; 6. Communication and transportation; 7. Economic and financial affairs; the central budget; centrally-imposed taxes; 8. Currency; stock markets and banks; 9. Technical standards, including units of measurement; 10. Foreign trade; Trade between the provinces and centrally-run cities; 11. Telecommunication infastructure; postal service; 12. Industrial and labor law; 13. Public security; Police affairs; Intelligence agencies; Prisons; 14. Labor regimes and salaries of employees of state agencies at the central level, including elected officeholders; 15. Cultural development; preservation of historical artifacts;

PROVINCIAL-LEVEL ADMINISTRATIONS

Article 113

1. The Legislative Assembly of a province or centrally run city is the representative body of the People and the local legislative body of the province or centrally run city.

2. The Legislative Assembly shall exercise legislative powers, decide on local issues, and supervise the activities of other state agencies at the provincial level.

Article 114

1. The Legislative Assembly is composed of members elected from individual constituencies and members elected by list voting; these members are elected on the principle of universal, equal, direct and secret suffrage.

2. The number of members of each Legislative Assembly shall be determined by law; MLAs elected by list voting shall form between 40 to 60 percent of the entire Legislative Assembly membership.

2. Each voter is entitled to vote, in elections for a Legislative Assembly, for up to fifteen candidates named in any list submitted for that Legislative Assembly. Only one vote may be cast for each candidate.

3. Each list will be complemented with candidates to ensure that the proportion of MLAs for each list reflects the proportion of votes cast for all candidates named in that list most accurately.

4. These candidates shall be selected to ensure that:

a. the number of MLAs elected in the Legislative Assembly of each province or centrally run city reach the numbers reflecting the proportion of all votes cast in that province or centrally run city most accurately;

b. elected candidates must be those who poll the highest numbers of valid votes.

Article 115

1. A Member of a Legislative Assembly shall represent the local People; in the exercise of his or her functions, a Member of a Legislative Assembly shall be subject only to the Constitution of the Republic of Vietnam, the interests of the province or centrally run city, and his or her own conscience, and shall not be bound by any imperative mandate whatsoever.

2. A Member of a Legislative Assembly has the right to raise questions to the Governor or other members of the Executive Commission. The questioned persons shall present their answers before the Legislative Assembly.

3. Each Legislative Assembly shall elect its own chairperson; the Chairperson of a Legislative Assembly shall prepare, convene and preside over sittings of the Legislative Assembly, and direct their proceedings; and authenticate by his or her signature the provincial statutes and resolutions of the Legislative Assembly.

4. Each Legislative Assembly shall form committees to assist the Legislative Assembly in its work.

Article 114

1. The Governor of a province and the Mayor of a centrally run city shall represent that province or centrally run city internally and externally and shall exercise the local executive power.

2. The Governor of a province and the Mayor of a centrally run city shall be elected on the principle of universal, equal, direct and secret suffrage.

3. The elected candidate must be the one who polls a majority of valid votes in the entire province or centrally run city. If no candidate polls such a majority, a second round will be held 14 days after the initial round.

4. Only the candidates with the highest number of valid votes in the initial round, after the elimination of the candidates lawfully withdrawn between the initial and second rounds, shall advance to the second round, but if there is only one such ticket, the candidates with the second-highest number of valid votes in the initial round will advance as well.

5. In the second round, the elected candidate must be that which polls the highest number of valid votes in the entire country. If more than one ticket polls such a number, the tie will be broken by drawing lots.

Article 114

1. The Executive Commission of a province or centrally run city is the local administrative body of the province or centrally run city.

2. The Executive Commission shall propose, formulate, decide on and implement provincial policies.

3. The Executive Commission shall organize the implementation of laws, orders and decisions of the President, provincial statutes, and documents of the Governors according to their respective competence in the provincial level.

Article 114

1. The Executive Commission of a province consists of the Governor and Commissioners; the Executive Commission of a centrally run city consists of the Mayor and Commissioners.

2. Commissioners shall be appointed by the relevant Governor or Mayor from among nominees proposed by him or her and approved by the relevant Legislative Assembly.

Article 111

1. Local administrations shall be organised in administrative units of the Socialist Republic of Vietnam.

2. Local administration levels composed of the People's Council and People's Committee shall be organised consistent with the characteristics of the rural areas, urban areas, islands or special administrative-economic units prescribed by a law.

Article 112

1. Local administrations shall organise and ensure implementation of the Constitution and law in their localities; decide on local issues prescribed by a law; and submit to the examination and supervision by state agencies at higher levels.

2. The tasks and powers of local administrations shall be determined on the basis of determining the powers between state agencies at the central and local levels and for each level of local administration.

3. Local administrations may, as necessary, be assigned certain tasks of state agencies at higher levels, along with the necessary means to ensure the performance of those tasks.

Article 113

1. The People's Council is the local state power body, representing the will, aspirations and right to mastery of the local People, shall be elected by the local People, and is responsible to the local People and state agencies at higher levels.

2. The People's Council shall decide on local issues as prescribed by a law; and supervise the observance of the Constitution and law in its locality and the implementation of its own resolutions.

Article 114

1. The People's Committee at a local administration level, which shall be elected by the People's Council of the same level, is the executive body of the respective People's Council and is the local state administrative body, and is responsible to the People's Council and state administrative agencies at higher levels.

2. The People's Committee shall organise implementation of the Constitution and law in its locality and implementation of the resolutions of the People's Council, and perform the tasks assigned to it by state agencies at higher levels.

Article 115

1. A People's Council deputy shall represent the will and aspirations of local People; shall maintain close ties with voters and be subject to their supervision, meet and report to voters on his or her own activities and activities of the People's Council, respond to their requests and petitions; and consider and press for the settlement of complaints and denunciations. A People's Council deputy has the task of mobilising the People to implement the Constitution, law, policies of the State, and resolutions of the People's Council, and encouraging the People to participate in the state management.

2. A People's Council deputy has the right to raise questions to the Chairperson or other members of the People's Committee, Chief Justice of the People's Court, Chief Procurator of the People's Procuracy, and Heads of the agencies of the People's Committee. The questioned persons shall present their answers before the People's Council. A People's Council deputy has the right to make proposals to state agencies, organisations, and units in the locality. The heads of those agencies, organisations or units shall receive the deputy, then consider and resolve the issues raised in his or her proposals.

Article 116

1. The People's Council and the People's Committee shall report on the local situation to the Vietnam Fatherland Front and mass organisations, listen to the opinions and proposals of those organisations for strengthening the local administration and socio-economic development; and coordinate with the Vietnam Fatherland Front and mass organisations in encouraging the People, together with the State, to perform socio-economic, national defense and security tasks in the locality.

2. The President of the Vietnam Fatherland Front and heads of socio-political organisations in the locality may be invited to sessions of the People's Council and to meetings of the People's Committee of the same level that discuss relevant issues.

Chapter IV: DEFENSE OF THE FATHERLAND

Article 64

1. To defend the Vietnamese Fatherland is the mission of all the people and a basic duty of the State. Defense of the Fatherland is ensured by the Armed Forces and the Security and Intelligence Forces.

2. All agencies, organisations and citizens shall fulfill their national defense and security tasks, to the extent and in accordance with the details provided for by law.

Article 65

1. The armed forces shall show absolute loyalty to the Fatherland and the People alone, maintain a non-partisan character, be neutral in political matters, and be subject to civilian control; and shall be responsible for performing national defense tasks and protecting the people as well as the independence, sovereignty, unity and territorial integrity of the Fatherland, the basic order of democracy based on pluralism, national security, and social order and safety.

2. The Chief of the General Staff of the Armed Forces shall be appointed by the President from among nominees proposed by him or her and approved by the Senate.

Article 66

1. The national police shall serve and show absolute loyalty to the People alone, maintain a non-partisan character, and be neutral in political matters, and be subject to civilian control; and shall be responsible for safeguarding national security, ensuring social order and safety, and preventing and fighting crime.

2. The Inspector-General of the Police shall be appointed by the President from among nominees proposed by him or her and approved by the Senate.

Article 65

1. The Intelligence Services shall show absolute loyalty to the Fatherland and the People alone, maintain a non-partisan character, be neutral in political matters, and be subject to civilian control; and shall be responsible for providing security intelligence and counterintelligence to the other security forces of the State.

2. The Intelligence Services consist of the Foreign Intelligence Service and the Domestic Intelligence Service.

3. The Directors of the Intelligence Services shall be appointed by the President from among nominees proposed by him or her and approved by the Senate.

Article 67

Members of the armed forces, the national Police and the Intelligence Services may not be members of political parties while in service.

Article 68

The organization of the armed forces, the national Police and the Intelligence Services is provided by law.

Chapter X: THE OMBUDSPERSON'S OFFICE AND THE NATIONAL HUMAN RIGHTS COUNCIL

Article 118

1. The State Audit Office shall be established by the National Assembly, operate independently, abide only by the law, and audit the management and use of public finance and assets.

2. The State Auditor General is the head of the State Audit Office and shall be elected by the National Assembly. The term of office of the State Auditor General shall be prescribed by a law.

The State Auditor General is responsible, and shall report on audit results and his or her work, to the National Assembly. When the National Assembly is in recess, he or she is responsible, and shall report on his or her work, to the Standing Committee of the National Assembly.

3. The organisation and specific tasks and powers of the State Audit Office shall be prescribed by a law.

5. To perform the unified management of the national administration system; to manage cadres, civil servants, public employees, and the public service in state agencies; to organise inspection and control work, the settlement of complaints and denunciations, and the fight against bureaucracy and corruption in the state apparatus; to lead the work of the ministries, ministerial-level agencies, government-attached agencies, and People's Committees at all levels; to guide and examine the People's Councils in their implementation of the documents of state agencies at higher levels, to create the conditions for the People's Councils to perform their tasks and exercise their powers which are prescribed by a law;

Chapter X: THE NATIONAL ANTI-CORRUPTION COUNCIL

Article 118

1. The State Audit Office shall be established by the National Assembly, operate independently, abide only by the law, and audit the management and use of public finance and assets.

2. The State Auditor General is the head of the State Audit Office and shall be elected by the National Assembly. The term of office of the State Auditor General shall be prescribed by a law.

The State Auditor General is responsible, and shall report on audit results and his or her work, to the National Assembly. When the National Assembly is in recess, he or she is responsible, and shall report on his or her work, to the Standing Committee of the National Assembly.

3. The organisation and specific tasks and powers of the State Audit Office shall be prescribed by a law.

5. To perform the unified management of the national administration system; to manage cadres, civil servants, public employees, and the public service in state agencies; to organise inspection and control work, the settlement of complaints and denunciations, and the fight against bureaucracy and corruption in the state apparatus; to lead the work of the ministries, ministerial-level agencies, government-attached agencies, and People's Committees at all levels; to guide and examine the People's Councils in their implementation of the documents of state agencies at higher levels, to create the conditions for the People's Councils to perform their tasks and exercise their powers which are prescribed by a law;

Chapter X: THE NATIONAL CIVIL SERVICE COUNCIL

Article 118

1. The State Audit Office shall be established by the National Assembly, operate independently, abide only by the law, and audit the management and use of public finance and assets.

2. The State Auditor General is the head of the State Audit Office and shall be elected by the National Assembly. The term of office of the State Auditor General shall be prescribed by a law.

The State Auditor General is responsible, and shall report on audit results and his or her work, to the National Assembly. When the National Assembly is in recess, he or she is responsible, and shall report on his or her work, to the Standing Committee of the National Assembly.

3. The organisation and specific tasks and powers of the State Audit Office shall be prescribed by a law.

5. To perform the unified management of the national administration system; to manage cadres, civil servants, public employees, and the public service in state agencies; to organise inspection and control work, the settlement of complaints and denunciations, and the fight against bureaucracy and corruption in the state apparatus; to lead the work of the ministries, ministerial-level agencies, government-attached agencies, and People's Committees at all levels; to guide and examine the People's Councils in their implementation of the documents of state agencies at higher levels, to create the conditions for the People's Councils to perform their tasks and exercise their powers which are prescribed by a law;

Chapter X: THE NATIONAL ELECTION COUNCIL

Article 117

1. The National Election Council shall be established by the National Assembly and has the task of organizing the election of National Assembly deputies, and directing and guiding the election of deputies to People's Councils at all levels.

2. The National Election Council is composed of the Chairperson, Vice Chairpersons and members.

3. The organisation and specific tasks and powers of the National Election Council and the number of its members shall be prescribed by a law.

Chapter X: THE ETHNIC COUNCIL

Article 75

1. The Ethnic Council is composed of the Chairperson, Vice Chairpersons and members. The Chairperson of the Ethnic Council shall be elected by the National Assembly; Vice Chairpersons and members of the Ethnic Council shall be approved by the Standing Committee of the National Assembly.

2. The Ethnic Council shall study and make proposals on ethnic issues to the National Assembly; exercise the power of overseeing the implementation of policies on ethnic groups, programmes and plans for socio-economic development in mountainous and ethnic minority areas.

3. The Chairperson of the Ethnic Council may be invited to attend Government meetings to discuss the implementation of policies on ethnic groups. The Government shall consult the Ethnic Council before promulgating regulations on the implementation of policies on ethnic groups.

Chapter X: THE CENTRAL BANK OF VIETNAM

Article 117

1. The National Election Council shall be established by the National Assembly and has the task of organizing the election of National Assembly deputies, and directing and guiding the election of deputies to People's Councils at all levels.

2. The National Election Council is composed of the Chairperson, Vice Chairpersons and members.

3. The organisation and specific tasks and powers of the National Election Council and the number of its members shall be prescribed by a law.

3. The national monetary unit is the Vietnam dong. The State shall ensure the stabilization of the national currency value.

Chapter X: THE STATE AUDIT OFFICE

Article 118

1. The State Audit Office shall be established by the National Assembly, operate independently, abide only by the law, and audit the management and use of public finance and assets.

2. The State Auditor General is the head of the State Audit Office and shall be elected by the National Assembly. The term of office of the State Auditor General shall be prescribed by a law.

The State Auditor General is responsible, and shall report on audit results and his or her work, to the National Assembly. When the National Assembly is in recess, he or she is responsible, and shall report on his or her work, to the Standing Committee of the National Assembly.

3. The organisation and specific tasks and powers of the State Audit Office shall be prescribed by a law.

Chapter XA: IMPEACHMENT

Article 117

1. The House of Representatives may impeach the following persons on charges of violation of the Constitution, breaking their oath of loyalty, treason, corrpution, bribery, improper conduct of office, or abuse of power:

a. President and Vice President;

b. Prime Minister, Deputy Prime Ministers, Ministers and other members of the Government;

c. Chief Justice and other Judges of the Supreme Court;

d. Chief Justice and other Judges of the High Court of Justice, High Administrative Court, High Finance Court, High Admiralty Court, High Labour Court or High Social Court;

e. Procurator General and other Procurators of the Supreme Procuracy;

f. Chairperson, Vice Chairpersons and other members of the National Human Rights Council;

g. Chairperson, Vice Chairpersons and other members of the National Election Council;

h. Chairperson, Vice Chairpersons and other members of the National Judicial Council;

i. Chairperson, Vice Chairpersons and other members of the National Civil Service Council;

j. Chairperson, Vice Chairpersons and other members of the National Anti-Corruption Council;

k. Chief of the General Staff of the Armed Forces, Inspector-General of the Police and Directors of the Intelligence Services;

l. Governor of the Central Bank of Vietnam;

m. State Auditor General.

2. Impeachment shall be decided by the House of Representatives if a majority of the total number of the representatives vote for it.

3. The Standing Committee of the National Assembly, Joint Committees of the National Assembly, Committees of either chamber, National Anti-Corruption Council and at least one-tenth of the total number of representatives have the right to propose impeachment to the House of Representatives.

Article 117

1. Once the House of Representatives decides on impeachment, the Senate shall investigate the charges. The investigation regime applicable shall be the procedure used for a criminal trial.

2. The Senate shall confirm the impeachment by a vote of two-thirds of the total number of its members.

3. Once an impeachment is confirmed by the Senate, the impeached person shall be removed from office, and shall not be qualified for the offices specified in Clause 1, Article 117, or for any other public office.

4. In special cases, the National Assembly may decide to lift the disqualification laid down in Clause 3, at the proposal of the Standing Committee of the National Assembly, if at least two-thirds of the total number of members of both chambers vote for it.

5. If the President is removed from office as specified in Clause 3, the Vice President shall be removed from office simultaneously.

Chapter XI: EFFECTIVENESS OF THE CONSTITUTION AND AMENDMENT TO THE CONSTITUTION

Article 119

1. The Constitution is the fundamental and supreme law of the Socialist Republic of Vietnam.

All other legal documents must conform to the Constitution.

All violations of the Constitution shall be dealt with.

2. The National Assembly and its agencies, the President, the Government, People's Courts, People's Procuracies, other agencies of the State and all the People shall defend the Constitution.

The mechanism to defend the Constitution shall be prescribed by a law.

Chapter X: AMENDMENT TO THE CONSTITUTION

Article 120

1. The President, the Standing Committee of the National Assembly, the Government or at least one-third of the total number of the National Assembly deputies have the right to propose the making of, or an amendment to, the Constitution. The National Assembly shall decide on the making of, or amendment to, the Constitution when at least two-thirds of the total number of the National Assembly deputies vote for it.

2. The National Assembly shall establish a Constitution Drafting Committee. The composition and number of members, tasks and powers of the Constitution Drafting Committee shall be decided by the National Assembly at the proposal of the Standing Committee of the National Assembly.

3. The Constitution Drafting Committee shall draft the Constitution, collect the opinions of the People on the draft, and submit it to the National Assembly.

4. The Constitution shall be adopted when at least two-thirds of the total number of the National Assembly deputies vote for it. The holding of a referendum on the Constitution shall be decided by the National Assembly.

5. The time limit for the promulgation and effective date of the Constitution shall be decided by the National Assembly.