Nghị quyết 51/2001/QH10 sửa đổi, bổ sung một số điều của Hiến pháp 1992

RESOLUTION

ON AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF THE 1992 CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 84 and 147 of the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to Resolution No. 43/2001/NQ-QH10 of June 29, 2001 of the Xth National Assembly at its 9th session on the establishment of the Committee for Drafting of Amendments and

Supplements to a Number of Articles of the 1992 Constitution;

At the proposal of the Committee for Drafting of Amendments and Supplements to a Number of Articles of the 1992 Constitution,

RESOLVES:

Article 1.-To amend and supplement the Preamble and a number of articles of the 1992 Constitution of the Socialist Republic of Vietnam:

1. To amend and supplement the last paragraph of the Preamble, as follows:

"In the light of Marxism-Leninism and Ho Chi Minh’s thought, in furtherance of the Program for national construction in the period of transition to socialism, the Vietnamese people vow to bring into full play the tradition of patriotism, unite millions as one, uphold the spirit of self-reliance and self-improvement in the national construction, implement the foreign policy of independence, sovereignty, peace, friendship and cooperation with all countries, strictly abide by the Constitution, and win ever greater successes in the cause of renovating, building and defending the Fatherland."

2. Article 2 is amended and supplemented as follows:

"Article 2.-

The Socialist Republic of Vietnam State is a law-governed socialist State of the people, by the people and for the people. All State powers belong to the people and are based on the alliance between the working class, the peasantry and the intelligentsia.

The State powers are unified and decentralized to State bodies, which shall coordinate with one another in the exercise of the legislative, executive and judiciary powers."

3. Article 3 is amended and supplemented as follows:

"Article 3.-

The State guarantees and unceasingly promotes the people’s mastery in all aspects, with a view to achieving the objectives of prosperous people, strong country, equitable, democratic and civilized society, in which all people enjoy an abundant, free and happy life and are given conditions for all-sided development; and severely punishes all acts of infringing upon the interests of the Fatherland and the people."

4. Article 8 is amended and supplemented as follows:

"Article 8.-

All State agencies, cadres, officials and employees must show respect for the people, devotedly serve the people, maintain close contact with the people, listen to their opinions and submit to their supervision; resolutely struggle against corruption, wastefulness and all manifestations of bureaucracy, arrogance, authoritarianism."

5. Article 9 is amended and supplemented as follows:

"Article 9.-

Vietnam Fatherland Front is a political alliance and a voluntary union of political organizations, socio-political organizations, social organizations and individuals representing their social classes and strata, nationalities, religions, and overseas Vietnamese.

Vietnam Fatherland Front and its member organizations constitute the political base of the people’s administration. The Front promotes the tradition of national solidarity, strengthens the people’s unity of mind in political and spiritual matters, participates in the building and consolidation of the people’s administration, joins the State in caring for and protecting the legitimate interests of the people, encourages people to exercise their right to mastery, to strictly abide by the Constitution and laws, supervise activities of the State agencies, people-elected representatives as well as State cadres, officials and employees.

The State creates conditions for the Fatherland Front and its member organizations to operate efficiently."

6. Article 15 is amended and supplemented as follows:

"Article 15.-

The State builds an independent and sovereign economy on the basis of bringing into full play the internal resources and actively integrating into the international economy; and carries out the national industrialization and modernization.

The State consistently implements the policy of developing a socialist-oriented market economy. The multi-sector economic structure with diversified forms of production and business organization is based on the regime of the entire people’s ownership, collective ownership and private ownership, in which the entire people’s ownership and collective ownership constitute the foundation."

7. Article 16 is amended and supplemented as follows:

"Article 16.-

The aims of the State’s economic policy are to make the people prosperous and the country strong, to better and better satisfy the people’s material and spiritual demands on the basis of releasing all production capacity, bringing into full play all potentials of the economic sectors, including the State economic sector, the collective economic sector, the private and small-owner economic sector, the private capitalist economic sector, the State capitalist economic sector and foreign-invested sector in various forms, boosting the construction of material-technical foundations, broadening economic, scientific and technical cooperation as well as exchange with the world market.

All economic sectors are important constituents of the socialist-oriented market economy. Organizations and individuals of all economic sectors are allowed to conduct business and/or production activities in branches and trades not banned by law and to be jointly engaged in long-term development, cooperation and healthy competition according to law.

The State accelerates the formation, development and gradual improvement of markets of all kinds along the socialist orientation."

8. Article 19 is amended and supplemented as follows:

"Article 19.-

The State economic sector shall be consolidated and developed, particularly in key branches and domains, play the leading role in the national economy, and, together with the collective economic sector, become an ever firmer and firmer foundation of the national economy."

9. Article 21 is amended and supplemented as follows:

"Article 21.-

The private individual, small-owner and private capitalist economic sectors may opt for organizational forms of production and business, may set up enterprises not restricted in scope of operation in branches and trades beneficial to the national economy and the people’s life.

The family household economy is encouraged to develop."

10. Article 25 is amended and supplemented as follows:

"Article 25.-

The State encourages foreign organizations and individuals to invest capital and technologies in Vietnam in compliance with Vietnamese law and international law and practices; and guarantees the lawful ownership over capital, assets and other interests of foreign organizations and individuals. Foreign-invested enterprises shall not be nationalized.

The State encourages and creates favorable conditions for overseas Vietnamese to invest in the country."

11. Article 30 is amended and supplemented as follows:

"Article 30.-

The State and the society preserve and develop the Vietnamese culture, which is modern and deeply imbued with the national identity; inherit and promote the values of cultures of all nationalities in Vietnam, and the thought, morality and style of Ho Chi Minh; absorb the mankind’s cultural quintessence; and bring into full play all creative talents among the people.

The State exercises the unified management of cultural activities, strictly prohibits the popularization of reactionary and depraved thoughts and cultures, eliminates superstition and bad customs."

12. Article 35 is amended and supplemented as follows:

"Article 35.-

Development of education is a top national policy.

The State and the society develop education with a view to elevating the people’s intellectual standards, training human resources and fostering talents.

The aim of education is to form and nurture the personality, qualities and capabilities of citizens; to train laborers who are possessed of professional skills, dynamism, creativeness, national pride, good morality and the will to strive harder to contribute to making people prosperous and the country strong, meeting the requirements of the cause of building and defending the Fatherland."

13. Article 36 is amended and supplemented as follows:

"Article 36.-

The State exercises the unified management of the national education system with regard to the educational objectives, programs, contents and plans, the teachers criteria, the regulations on examinations and the system of diplomas and certificates.

The State develops in a balanced manner the educational system consisting of the pre-school education, the general education, the vocational education, the tertiary and postgraduate education; undertakes the universalization of the junior secondary education; develops forms of State-founded and people-founded schools as well as other educational forms.

The State prioritizes investment in education and encourages other sources of investment.

The State adopts the priority policy to ensure the educational development in mountainous areas, regions inhabited by ethnic minority people and regions encountering exceptional difficulties.

Mass organizations, first of all the Ho Chi Minh Communist Youth Union, social organizations, economic organizations and families shall, together with schools, have the responsibility to educate the youth, teenagers and children."

14. Article 37 is amended and supplemented as follows:

"Article 37.-

Development of science and technology is a top national policy.

Science and technology play the key role in the cause of socio-economic development of the country.

The State works out and implements the national policy on science and technology; builds an advanced science and technology; synchronously develops sciences, studies and absorbs scientific and technological achievements in the world in order to build scientific grounds for the elaboration of lines, policies and legislation, renovate technology, develop production forces, raise the managerial skill level, ensure the quality and rate of economic development, and contribute to maintaining national defense and security."

15. Article 59 is amended and supplemented as follows:

"Article 59.-

Study is the right and obligation of citizens.

The primary education is compulsory and dispensed free of charge.

Citizens have the right to get the general education and vocational education in various forms.

Pupils with aptitudes shall be provided by the State and the society with favorable conditions for study to develop their talents.

The State shall work out the policies on school fees and scholarship.

The State and the society shall create conditions for disabled children and other children in particularly difficult circumstances to get general education and appropriate vocational training."

16. Article 75 is amended and supplemented as follows:

"Article 75.-

Overseas Vietnamese make up a part of the Vietnamese nationalities’ community. The State protects the legitimate interests of overseas Vietnamese.

The State encourages and creates conditions for overseas Vietnamese to preserve the Vietnamese cultural identity, maintain close ties with their families and native land, and contribute to national construction."

17. Clauses 4, 5, 7 and 13 of Article 84 is amended and supplemented as follows:

"4. To decide on the national financial and monetary policies; decide on the State budget draft and distribution of the central budget, approve the State budget settlement; set, change or abolish taxes;"

"5. To decide on the State’s policies on nationalities and policies on religions;"

"7. To elect, release from duty, remove from office the State President and Vice Presidents, the National Assembly Chairman and Vice-Chairmen as well as members of the National Assembly Standing Committee, the Prime Minister, the Chief Judge of the Supreme People’s Court, the Chairman of the Supreme People’s Procuracy; to ratify the Prime Minister’s proposals on appointment, release from duty and dismissal of deputy prime ministers, ministers and other members of the Government; ratify the State President’s proposals on the list of members of the Defense and Security Council; to cast vote of confidence on persons holding positions elected or approved by the National Assembly;"

"13. To decide on the fundamental external policies; to ratify or denounce international treaties signed in person by the State President; ratify or denounce other international treaties signed or acceded to at the proposal of the State President;"

18. Clause 9 of Article 91 is amended and supplemented as follows:

"9. In cases where the National Assembly cannot meet, to decide on proclaiming the state of war when the country is invaded, and report it to the National Assembly for consideration and decision at its nearest session;"

19. Clauses 4, 6, 7, 9 and 10 of Article 103 is amended and supplemented as follows:

"4. Based on resolutions of the National Assembly, to appoint, release from duty or dismiss deputy prime ministers, ministers and other member of the Government;"

"6. Based on resolutions of the National Assembly Standing Committee, to issue order on general mobilization or limited mobilization, to declare the state of emergency; in cases where the National Assembly Standing Committee cannot meet, to declare the state of emergency nationwide or in a locality;"

"7. To propose the National Assembly Standing Committee to revise its ordinances within ten days from the date these ordinances were passed; if such ordinances are still voted for by the National Assembly Standing Committee against the State President’s disapproval, the State President shall report it to the National Assembly for decision at its nearest session;"

"9. To decide on the conferment of titles and ranks on senior officers of the people’s armed forces, the ambassadorial title and rank and the State titles and ranks in other domains; to decide on the award of orders, medals, State prizes and State honors and distinctions;"

"10. To appoint and recall Vietnam’s ambassadors extraordinary and plenipotentiary; to accept foreign ambassadors extraordinary and plenipotentiary; to negotiate and conclude international agreements in the name of the State of the Socialist Republic of Vietnam with the heads of other States; to submit to the National Assembly for ratification international agreements directly signed by him/her; to decide on the ratification or accession to international agreements, except for cases where they should be submitted to the National Assembly for decision;"

20. Clause 8 of Article 112 is amended and supplemented as follows:

"8. To exercise the unified management of external activities; to negotiate and conclude international agreements in the name of the State of the Socialist Republic of Vietnam, except for cases prescribed in Clause 10 of Article 103; to negotiate, sign, ratify and accede to international agreements in the name of the Government; to direct the implementation of international agreements which the Socialist Republic of Vietnam has concluded or acceded to; to protect the interests of the State, the legitimate interests of Vietnamese organizations and citizens in foreign countries;"

21. Clause 2 of Article 114 is amended and supplemented as follows:

"2. To propose the National Assembly to establish or dissolve ministries and ministerial-level agencies; to submit to the National Assembly for approval proposals on appointment, release from duty or dismissal of deputy prime ministers, ministers and other members of the Government;"

22. Article 116 is amended and supplemented as follows:

"Article 116.-

The ministers and other members of the Government shall bear the responsibility for the State management over the fields or branches they are in charge of throughout the country, ensure the autonomy in production and business activities of establishments according to the provisions of law.

Based on the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, orders and decisions of the State President, documents of the Government and the Prime Minister, the ministers and other members of the Government issue decisions, directives and circulars and inspect the implementation of those documents by all branches, localities and establishments."

23. Article 137 is amended and supplemented as follows:

"Article 137.-

The Supreme People’s Procuracy shall exercise the right to prosecution and control judiciary activities, thus contributing to ensuring that laws are strictly and uniformly observed.

The local people’s procuracies, the military procuracies shall exercise the right to prosecution and control judiciary activities within the scope of their responsibilities prescribed by law."

24. Article 140 is amended and supplemented as follows:

"Article 140.-

The directors of the local people’s procuracies shall be responsible for reporting on their work to the People’s Councils and answer questions of People’s Council deputies."

Article 2.-

To annul Clause 8, Article 91; Clause 9 is converted into Clause 8, Clause 10 is converted into Clause 9, Clause 11 is converted into Clause 10 and Clause 12 is converted into Clause 11 of Article 91.

Article 3.-

This Resolution takes effect after its promulgation.

This Resolution was passed on December 25, 2001 by the Xth National Assembly of the Socialist Republic of Vietnam at its 10th session.