Ebook Hiến pháp nước Cộng hòa Xã hội Chủ nghĩa Việt Nam (Song ngữ Việt - Anh): Phần 2 tiếp tục trình bày các điều lệ của Hiến pháp bằng ngôn ngữ tiếng Anh thông qua các nội dung cụ thể sau: The political regime, human rights, fundamental rights and obligations of citizens, economy, social affairs, culture, education, science, technology and environment, defense of the fatherland, the national assembly, the people’s courts and the people’s procuracies.
th e n a t io n a l a s s e m b ly s o c i a l i s t r e p u b l i c o f VIETNAM Independence - Freedom - Happiness T H E C O N ST IT U T IO N OF T H E S O C IA L IS T R E P U B L IC O F V IETN A M PREAM BLE T hroughout th e ir m illennia-old history, the V ietnam ese People, w orking diligently and creatively and fighting courageously to build and defend th eir country, have forged a tra d itio n of patriotism , solidarity, hum anity, justice, resilience and indom itableness, and have created th e civilization and culture of Vietnam Since 1930, u n d er th e leadership of the Com m unist P arty of V ietnam founded and tra in ed by P resident Ho Chi M inh, our People have waged a protracted struggle full of h ard sh ip and sacrifice for national independence and freedom and for th eir own happiness In the wake of the triu m p h of th e A ugust Revolution, on Septem ber 2, 1945 P resid en t Ho Chi M inh read the Proclam ation of Independence, declaring th e b irth of the Democratic The English translation is for reference only 67 Republic of V ietnam , now th e Socialist Republic of V ietnam W ith th e will and stren g th of the en tire nation and th e assistance of friends around the world, our People have gained g re at victories in the struggles to lib erate the nation, reunify th e country, defend the F a th e rla n d and fulfill in tern a tio n al duties, and have recorded resounding achievem ents of historical significance in the cause of renew ing and building th e country tow ard socialism In stitu tio n aliz in g th e P latform for N ational C onstruction during the Period of T ransition toward Socialism, and p erp etu atin g th e 1946, 1959, 1980 and 1992 C onstitutions, th e V ietnam ese People create, im plem ent and defend th is C onstitution to achieve the goal of a prosperous people and a strong, democratic, equitable and civilized country Chapter I T H E P O L IT IC A L R E G IM E A rtic le The Socialist Republic of V ietnam is an independent and sovereign country enjoying u n ity and in teg rity of territory, airspace including the m ainland, islands, seas and A rtic le The S tate of the Socialist Republic of V ietnam is a 68 socialist sta te ruled by law and of the People, by the People and for the People The Socialist Republic of V ietnam is the country w here the People are th e m asters; all the state power belongs to the People and is based on the alliance of the w orking class, th e p easan try and the intelligentsia The state power is unified and delegated to state agencies which coordinate with and control one another in the exercise of the legislative, executive and judicial powers A rticle The S tate sh all g u aran tee and promote the People’s right to m astery; recognize, respect, protect and guarantee hu m an rig h ts and citizens’ rights; and pursue the goal of a prosperous people and a strong, democratic, equitable and civilized country, in which all people enjoy an abundant, free and happy life and are given conditions for th eir com prehensive developm ent A rticle The C om m unist P arty of V ietnam - the V anguard of the w orking class, concurrently the vanguard of the laboring people and V ietnam ese nation, faithfully rep resen tin g the in te re sts of the w orking class, laboring people and en tire nation, and acting upon the M arxistL eninist doctrine and Ho Chi M inh Thought, is the force leading the S tate and society 69 The Com m unist P arty of V ietnam is closely associated w ith th e People, shall serve the People, shall subm it to the supervision of the People, and is accountable to th e People for its decisions O rganizations and m em bers of the Com m unist P arty of V ietnam shall operate w ithin the fram ew ork of th e C onstitution and law A rticle The Socialist Republic of V ietnam is a unified nation of all ethnicities living together in the country of Vietnam All th e ethnicities are equal and u n ite w ith, respect and assist one an o th er for m u tu al developm ent; all acts of discrim ination ag ain st and division of the ethnicities are prohibited The national language is V ietnam ese Every ethnic group h as th e rig h t to use its own spoken and w ritten language to preserve its own id en tity and to prom ote its fine custom s, practices, trad itio n s and culture The S tate shall im plem ent a policy of com prehensive developm ent and create th e conditions for the m inority ethnicities to draw u p on/further th e ir in tern a l stren g th s and develop together w ith th e country A rticle The People shall exercise th e state power in the form of direct democracy and of rep resentative dem ocracy 70 through the N ational Assembly, People’s Councils and o th er state agencies A rticle The elections of deputies to the N ational Assembly and People’s Councils m u st be conducted on the principle of universal, equal, direct and secret suffrage A N ational Assembly deputy or a People’s Council deputy m ay be rem oved from office by the voters or the N ational A ssem bly or th e People’s Council, w hen he or she is no longer w orthy of th e confidence of the People A rticle The S tate shall be organized and operate in accordance w ith th e C onstitution and law, m anage society by th e C onstitution and law, and im plem ent the principle of dem ocratic centralism All state agencies, cadres, civil servants and public employees shall show respect for the People, conscientiously serve the People, m aintain close contact with the People, listen to their opinions and subm it to their supervision; resolutely combat corruption, waste, and all manifestations of bureaucracy, arrogance and authoritarianism A rticle The V ietnam F ath erla n d F ront is a political alliance and a voluntary union of the political organization, SOCIO 71 political organizations and social organizations, and prom inent individuals representing th eir class, social stra ta , ethnicity or religion and overseas V ietnam ese The V ietnam F ath erla n d F ront shall constitute the political base of th e people’s ad m inistration: represent and protect the rig h ts and lawful and legitim ate in terests of the People; rally and uphold th e stren g th of the great national unity, exercise dem ocracy and prom ote social consensus; conduct social supervision and criticism : and particip ate in th e building of th e P arty and the S tate, and in people’s external relatio n s’ activities, th u s contributing to national construction and defense The Trade Union of V ietnam , the V ietnam P easan ts’ Association, the Ho Chi M inh C om m unist Youth Union, the V ietnam W omen’s Union and the V ietnam V eteran s’ Association are War socio-political organizations established on a voluntary basis to rep resen t and protect th e rig h ts and lawful and legitim ate in te re sts of their m em bers; and together w ith o th er m em ber organizations of the V ietnam F ath erlan d F ront coordinate and unify action w ithin the Front The V ietnam F ath erlan d Front, its mem ber organizations and oth er social organizations shall operate w ithin the fram ew ork of the C onstitution and law The S tate shall create the conditions for the V ietnam F ath erlan d Front, its m em ber organizations and other social organizations to operate 70 A rticle 10 The Trade Union of Vietnam is a socio-political organization of the working class and laborers voluntarily established to represent laborers, care for and protect the rights and lawful and legitimate interests of laborers; participate in the state m anagem ent and socio-economic management; participate in the examination, inspection and supervision of the operations of state agencies, organizations, units and enterprises regarding issues related to the rights and obligations of laborers; and mobilize laborers to learn to improve their professional qualifications and skills, a b i d e b y law, and build and defend the Fatherland A rticle 11 The V ietnam ese F atherland is sacred and inviolable All acts ag ain st independence, sovereignty, unity and te rrito ria l integrity, or ag ain st the construction and defense, of the F ath erla n d m ust be severely punished A rticle 12 The Socialist Republic of V ietnam shall consistently im plem ent its foreign policy of independence, self- reliance, peace, friendship, cooperation and development; m u ltilateralizatio n and diversification of external relations proactive and active in tern atio n al integration and cooperation, on th e basis of respect for each o th er’s independence, sovereignty and territo rial integrity, non 73 interference in each o th er’s in tern a l affairs, and equality an d m u tu a l benefit; abide by th e C h arter of the U nited N ations and tre a tie s to which th e Socialist Republic of V ietnam is a contracting party; act as a fnen d reliable p a rtn e r and responsible m em ber of the in tern atio n al com m unity for th e sake of national in tere sts, and contribute to the cause of peace, national independence, democracy and social progress in the world A r ticle 13 The n ational flag of th e Socialist Republic of V ietnam is rectan g u lar in shape, w ith its* w idth equal to tw o-thirds of its length; in th e m iddle of a red background is a five-pointed gold star The natio n al em blem of the Socialist Republic of V ietnam is circular in shape; in the m iddle of a red background is a five-pointed gold s ta r encircled by rice ears, below which is h a lf a cogwheel and the inscription “The Socialist Republic of V ietnam ” The natio n al an th em of th e Socialist Republic of V ietnam is the m usic and lyrics of the song “Tien quan ca” (M arch to the F ront song) The N ational Day of th e Socialist Republic of V ietnam is th e day of th e Proclam ation of Independence, the Second of Septem ber 1945 The capital of th e Socialist Republic of V ietnam is Hanoi Chapter II h u m a n r ig h t s , f u n d a m e n t a l r ig h t s a n d OBLIGATIONS OF CITIZENS A rticle 14 In th e Socialist Republic of V ietnam , hum an rights and citizens’ rig h ts in th e political, civil, economic, cu ltural and social fields shall be recognized, respected, protected and g u aran teed C onstitution and law in accordance w ith the H um an rig h ts and citizens’ rights may not be lim ited unless prescribed by a law solely in case of necessity for reasons of national defense, national security, social order and safety, social m orality and com m unity well-being A rticle 15 C itizens’ rig h ts are inseparable from citizens’ obligations Everyone is obliged to respect o th ers’ rights C itizens shall perform th eir obligations tow ard the S tate and society The exercise of h u m an rig hts and citizens’ rights may not infringe upon national in tere sts and others’ rig h ts and legitim ate in terests A rticle 16 All people are equal before law 75 No one is subject to discrim inatory tre a tm e n t in political, civil, economic, cu ltural or social life A rticle 17 A citizen of th e Socialist Republic of V ietnam is a person holding V ietnam ese citizenship A V ietnam ese citizen m ay not be expelled and delivered to an o th er state V ietnam ese citizens living abroad shall be protected by th e S tate of the Socialist Republic of V ietnam A rticle 18 O verseas V ietnam ese m ake up an inseparable p art of the com m unity of V ietnam ese ethnicities The S tate of the Socialist Republic of V ietnam shall encourage and create the conditions for overseas V ietnam ese to preserve and prom ote the cu ltu ral identity of the V ietnam ese nation, m ain tain close ties w ith their fam ilies and native land, and contribute to the construction of th e ir native land and the country A rticle 19 Everyone has th e rig h t to life H um an life is protected by law No one m ay be deprived of life in contravention of law A rticle 20 Everyone has th e rig h t to inviolability of his or her 76 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 The organization and specific tasks and powers of the S tate A udit Office shall be prescribed by a law Chapter XI EFFEC TIV EN ESS OF THE CONSTITUTION AND AM ENDM ENT TO THE CONSTITUTION A rticle 119 The C onstitution is th e fundam ental and suprem e law of the Socialist Republic of V ietnam All other legal docum ents m ust conform to the Constitution All violations of th e C onstitution shall be dealt with The N ational Assembly and its agencies, the President, the Governm ent, People’s Courts, People’s Procuracies, other agencies of th e S tate and all the People shall defend th e Constitution The m echanism to defend th e C onstitution shall be prescribed by a law A rticle 120 The President, the Standing Com m ittee of the N ational Assembly, the Government or a t least one-third 127 of th e to tal num ber of the N ational Assembly deputies have th e rig h t to propose the m aking of, or an a m e n d m e n t to, th e C onstitution The N ational Assem bly shall decide on th e m aking of, or am endm ent to, the C onstitution w hen a t least tw o-thirds of th e to tal num ber of the N ational Assem bly deputies vote for it The N ational Assem bly shall estab lish a C onstitution D rafting Com m ittee The com position and num ber of m em bers, task s and powers of th e C onstitution D rafting Com m ittee shall be decided by the N ational Assembly a t the proposal of the S tanding Com m ittee of the N ational Assembly The C onstitution D rafting Com m ittee shall d raft the C onstitution, collect th e opinions of the People on the draft, and subm it it to the N ational Assembly The C onstitution shall be adopted w hen a t least tw o-thirds of the total num ber of the N ational Assembly deputies vote for it The holding of a referendum on the C onstitution shall be decided by th e N ational Assembly The tim e lim it for the prom ulgation and effective date of the C onstitution shall be decided by the N ational Assembly This Constitution was adopted on November 28, 2013, by the XIIIth National Assembly of the Socialist Republic of Vietnam, at its 6th session CHAIRPERSON OF THE NATIONAL ASSEMBLY N g u y e n Sinh H u n g 128 RESOLUTION NO 64/2013/QH13 OF NOVEMBER 28, 2013, OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM ON THE IMPLEMENTATION OF THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM1 THE NATIONAL ASSEM BLY OF THE SOCIALIST R EPU BLIC OF VIETNAM Pursuant to the Constitution of the Socialist Republic of Vietnam; At the proposal of the National Assembly Standing Committee, RESOLVES: A rticle The C onstitution of the Socialist Republic of V ietnam which was passed on November 28, 2013, by the XIII National Assembly, at its session shall be prom ulgated w ithin 15 days after its passage The English translation is for reference only 129 The C onstitution of the Socialist Republic of V ietnam tak es effect on Ja n u a ry 1, 2014 A rticle The XIIIth N ational Assembly and its agencies shall continue operating u n til th e XIV N ational Assem bly holds St its session The P resident, th e G overnm ent, the S uprem e People’s Court, th e Suprem e People’s P rocurary and the State A udit Office shall continue o perating u n til th e x r v 'h N ational Assembly elects new agencies u n d er the Constitution of the Socialist Republic of V ietnam The People’s Councils and th e People’s Com m ittees shall continue operating u n til new ones are established u n d er th e Law on O rganization of Local A dm inistrations in conform ity w ith th e C onstitution of th e Socialist Republic of V ietnam The state agencies specified in clause of this Article shall perform the functions and tasks and exercise the powers defined in the Constitution from the effective day of the Constitution of the Socialist Republic of Vietnam For affairs th a t are cu rren tly settled by a sta te agency according to its com petence prescribed in the 1992 C onstitution b u t this competence is assigned to an o th er state agency u n d er the C onstitution of the Socialist Republic of V ietnam , these affairs m ust be tra n sfe rre d to the la tte r for continued settlem en t from the effective dav of the C onstitution of the Socialist Republic of V ietnam 130 A rticle Laws, ordinances and oth er legal docum ents which have been prom ulgated before the C onstitution of the Socialist Republic of V ietnam tak es effect m ust be review ed for am endm ent, supplem entation, prom ulgation of new ones in conform ity w ith or the C o n stitution of th e Socialist Republic of Vietnam A m endm ents and supplem ents to the Law on O rganization of th e N ational Assembly, the Law on O rganization O rganization of th e of th e G overnm ent, People’s Courts, the the Law Law on on O rganization of th e People’s Procuracies, the Law on the S tate Audit, th e Law on Election of D eputies to the N ational Assem bly and th e Law on Election of D eputies to the People’s Councils, and th e new Law on O rganization of Local A dm inistrations m ust be subm itted to the XIII National Assembly for consideration and approval a t its 10th session a t th e la te st (October 2015) A rticle The National Assembly Standing Committee, the President, the Government, the Supreme People’s Court, the Supreme People’s Procurary, the State Audit Office and other concerned state agencies shall, within the scope of their functions, tasks and powers, organize the im plem entation of the Constitution of the Socialist Republic of Vietnam; timely revise or annul documents which are contrary to the Constitution; adjust their organizational 131 structure, functions, tasks and powers in conformity with the Constitution; and take necessary m easures to ensure the im plem entation of the Constitution C entral and local sta te agencies, the V ietnam F ath erla n d F ront and its m em ber organizations and other concerned agencies and organizations dissem inate the contents of th e Socialist Republic of V ietnam at shall widely C onstitution of the th e ir agencies or organizations or in th e ir localities for raisin g aw areness of the C onstitution and th e sense of observance of the C onstitution, en su rin g th a t th e C onstitution is obeyed and strictly im plem ented in all fields of social life This Resolution was adopted on November 28, 2013, by the X l l f National Assembly o f the Socúxlist Republic of Vietnam CHAIRPERSON OF THE NATIONAL ASSEMBLY NGUYEN SINH HUNG 132 MỤC LỤC Trang • Chú dẫn Nhà xuất • Hiến pháp nước Cộng hòa xã hội chủ nghĩa Việt Nam Lời nói đầu Chương I: C h ê độ c h ín h trị Chương II: Q u y ể n n gư ời, q u y ển n g h ĩa vụ b ản củ a côn g d ân Chương III: 10 16 K in h tế , xã h ộ i, v ă n h óa, giá o dục, k h o a h ọc, côn g n g h ệ v m ôi trư ờng 25 Chương IV: B ảo v ệ Tô quốc 31 Chương V: Q uôc h ội 33 Chương VI: C hủ tịc h nước 44 Chương VII: C h ín h p hủ 48 Chương VIII: Tòa án nhân dân, V iện kiểm sát nhân dân 53 Chương IX: C h ín h q u y ền đ ịa p h n g 56 Chương X: H ội đ ồng b ầu cử quốc g ia , K iểm to n n h nước Chương XI: 60 H iệu lực củ a H iến p h áp v iệ c sử a đổi H iến pháp 61 133 • N g h ị q u y ế t s ố 64/2013/Q H 13 n g y 28-11-2013 củ a Quốc hội nước C ộng h ò a x ã hội c h ủ n g h ĩa V iệt N a m q u y đ ịn h m ột sô' điểm th i h n h H iế n p h p nưóc C ộng h ị a x ã hội c h ủ n g h ĩa V iệt N a m 134 63 CONTENT Pages * Preface * THE CONSTITUTION OF THE SOCIALIST REPUBLIC O F V IE T N A M 67 Preamble 67 Chapter I - The political regime 68 Chapter II - H u m a n r ig h ts , fu n d a m e n ta l r ig h ts a n d o b lig a tio n s of c itiz e n s 75 Chapter III - Economy, social affaừs, culture,education, science, technology a n d en v iro n m e n t 85 Chapter IV - Defense of the fatherland 92 Chapter V - The National Assembly Chapter VI - The President 94 107 Chapter VII- The Government 111 Chapter VIII- The people’s courts and the people’s p ro c u c ie s 118 Chapter IX - Local administration Chapter X • 122 The national election council, the state a u d it office Chapter XI- E ffectiv en e ss 126 o f th e c o n s titu tio n a m e n d m e n t to th e c o n s titu tio n and 127 135 * RESOLUTION N O 64/2013/Q H 13 O F N O V E M B E R 28 2013, O F T H E N A T IO N A L A S S E M B L Y O F T H E S O C IA L IS T R E P U B L IC O F V IE T N A M O N T H E IM P L E M E N T A T IO N OF THE C O N S T IT U T IO N O F T H E S O C IA L IS T R E P U B L IC O F V IE T N A M 136 129 C h ịu tr c h n h iệ m x u ấ t b ản : G IÁ M Đ Ố C - T Ổ N G B IÊ N TẬ P T S N G U Y Ễ N DU Y H Ù N G C h ịu tr c h n h iệ m nộ i dung: ỦY V IÊ N H Ộ I Đ Ỏ N G B IÊ N T Ậ P - X U Ấ T BẢN P H Ạ M V IỆ T B iên tậ p nội dung: T rìn h bày bìa: C h ế b ả n vi tính: Sửa b ả n in: Đọc sách m ẫu: Q U Ố C TH Ả N G - TÙ N G LÂM ĐƯ ỜNG H Ô N G MAI N G U Y EN th u thảo QUỐC THAN G P H Ò N G B IÊ N TẬ P KỶ TH U Ậ T In 1.200 cuốn, khồ 14.5x20.5 cm, Nhà in Sự Thật A2CN4 Cụm công nghiệp Từ Liêm - Hà Nội Số đãng ký kế hoạch xuất bán: 171-2014 CXB 8-63 CTỌG Giấy phép xuất số: -QĐ/NXBC rỌG ngáy I -03-2 In xong nộp lưu chiếu tháng 04 năm 14 Mã SỐÌSBN: 978-604-57-0613-8 In c h a rg e o f p u b lish : D IR E C T O R - E D IT O R IN C H IE F D r N G U Y E N D U Y H U N G In c h a rg e o f co n te n t: E D IT O R IA L B O A R D M E M B E R - P U B L IS H E D P H A M V IE T E d ito rs: C over d esig n : T ex t lay o u t: P ro o f - re a d in g : S am p le - re a d in g : Q U O C T H A N G - T U N G LAM D U O N G H O N G M AI N G U Y EN TH U THAO QUOC THANG T H E E D IT E R T E C H N IC A L B U R E A U Printing 1.200 coppies, size 14,5x20,5cm, at Su That Printino House A2CN4, Tu Liem industrial zone, Ha Noi Publishing Plan Reaistration No: 171 - 2014/CXB/8-63/CTQG Publishing Decision No: 4392-ỌĐ/NXBCTỌG, dated I march 20 ] Completed and registered in april 2014 Code ISBN: 978-604-57-0613-8 ... Union of V ietnam , the V ietnam P easan ts’ Association, the Ho Chi M inh C om m unist Youth Union, the V ietnam W omen’s Union and the V ietnam V eteran s’ Association are War socio-political... e Socialist Republic of V ietnam is a person holding V ietnam ese citizenship A V ietnam ese citizen m ay not be expelled and delivered to an o th er state V ietnam ese citizens living abroad... Republic of V ietnam A rticle 18 O verseas V ietnam ese m ake up an inseparable p art of the com m unity of V ietnam ese ethnicities The S tate of the Socialist Republic of V ietnam shall encourage