The Citizen’s Fundamental Rights And Duties
- Political, civic, economic, cultural and social human rights and citizen’s rights are recognized, respected, protected, and guaranteed
- Human rights and citizen’s rights shall only be restricted in imperative circumstances for the reasons of national defence, national security, social order and security, social morality, and the health of the community.
- Citizen’s rights are inseparable from citizen’s duties. Binding effect of const rights
- Every one has the duty to respect the other’s rights.
- Citizens are responsible to practice their duties to the state.
- The practice of human rights and citizen’s rights cannot infringe national interests, and the other’s legal and legitimate rights. General guarantee of equality
- All citizens are equal before the law. Equality regardless of political party
- No one shall be discriminated in his or her political, civic, economic, cultural, and social life.
- A citizen of the Socialist Republic of Vietnam is a person with Vietnamese nationality.
- A Vietnamese citizen shall not be expelled or handed over to other nations.
- A Vietnamese citizen residing abroad shall be protected by the Socialist Republic or Vietnam
- Overseas Vietnamese make up an inseparable part of the Vietnamese nationalities commu`nity.
- The Socialist Republic of Vietnam encourages and creates conditions for Vietnamese residing abroad to preserve the Vietnamese cultural identity, maintain close ties with their families and native land, and to contribute to the construction of the native land and the nation.
Article 19 Every one has the right to live. Human life is protected by the law. No one shall be illegally deprived of his or her life.
- Every one shall enjoy inviolability of the person and the legal protection of his or her life, health, honor and dignity; and is protected against torture, harassment and coercion, and any forma of violation of his or her life and health, and offence of honor and dignity.
- No one shall be arrested in the absence of a decision by the People’s Court, a decision or sanction of the People’s Procuracy except in case of flagrant offences. Taking a person into, or holding him in, custody shall be provided by the statute.
- Every one has the right to donate human tissues and organs and to donate corpse in concordance with the law. Medical, pharmaceutical, and scientific experimentation and any other forms of experimentation on human body must have the agreement of the applied.
- Every one is entitled to the inviolability of personal privacy, personal secrecy and familial secrecy; and has the right to protect his or her honor and prestige.
Information regarding personal privacy, personal secret and familial secrecy is safely protected by the law. 2. Every one enjoys the secrecy of correspondence, telephone, and telegrams, and other forms of exchange of personal information. 3. No one is allowed to open, control, and confiscate contrast to the statute other’s correspondence, telephone, telegrams, and other forms of exchange of personal information. Article 22
- The citizen has the right to have legal domicile. Inalienable rights Right to privacy Right to privacy Regulation evidence collection Freedom of of movement
- Everyone is entitled to the inviolability of his domicile. No one is allowed to enter the domicile of another person without his consent.
- Domiciliary searches shall be provided by the statute. Article 23 The citizen shall enjoy freedom of movement and of residence within the country; and can freely travel abroad and return home from abroad. The exercise of these rights shall be provided by the law. Viet Nam 1992 (rev. 2013) Page 9constituteproject.org Freedom of religion PDF generated: 27 Apr 2022, 10:51 Article 24
- Every one shall enjoy freedom of belief and of religion; he can follow any religion or follow none. All religions are equal before the law.
- The State respects and protects freedom of belief and of religion.
- No one has the right to infringe on the freedom of belief and religion or to take advantage of belief and religion to violate the laws. Freedom of assembly Freedom of opinion/thought/conscience Freedom of press Right to information Freedom of expression Freedom of association Article 25 Equality regardless of gender Article 26 The citizen shall enjoy the right to freedom of opinion and speech, freedom of the press, to access to information, to assemble, form associations and hold demonstrations. The practice of these rights shall be provided by the law.
- Male and female citizens have equal rights in all fields. The State has a policy to guarantee equal gender rights and opportunities.
- The State, the society, and the family create conditions for women’s comprehensive developments and promotion of their role in the society.
- Sex discrimination is strictly prohibited. Eligibility for first chamber Restrictions on voting Article 27 The citizen, shall, upon reaching the age of eighteen, have the right to vote, and, upon reaching the age of twenty-one, have the right to stand for election to the National Assembly and the People’s Councils. The practice of these rights is provided by the statute. Article 28
- The citizen has the right to participate in the administration of the State and management of society, and to participate in the discussion and recommendation to the state organs on the issues of the community, the region, and the country.
- The State shall create conditions for the citizen to participate in the administration of the State and management of society; the receipt and response to citizen’s opinion and recommendation shall be public and transparent. Restrictions on voting Referenda Article 29 The citizen, shall, upon reaching the age of eighteen, have the right to vote when the State hold referendum. Ultra-vires administrative actions Right of petition Article 30
- Every one has the right to lodge complaints and denunciations with the competent State bodies, organizations, and individuals in against the illegal acts of State organs, organizations, and individuals.
- The competent State bodies, organizations, and individuals must receive and handle the complaints and denunciations. The person who has suffered loss and injury shall be entitled to damages for any material harm suffered and his reputation rehabilitated. Viet Nam 1992 (rev. 2013) Page 10constituteproject.org PDF generated: 27 Apr 2022, 10:51
- All acts violating the interests of the State, the rights and legitimate interests of collectives and citizens shall be dealt with severely in time. The person who has suffered loss and injury shall be entitled to damages for any material and spiritual harm suffered and his reputation rehabilitated in accordance to the law.
- It is strictly forbidden to take vengeance on the person making complaints and denunciations, or to misuse the right to make complaints and denunciations with the aim of slandering and causing harm to another person. Article 31 Presumption of innocence in trials Right to public trial Right to speedy trial Prohibition of double jeopardy Right to counsel Protection from false imprisonment Right to own property
- A defendant shall be regarded as innocent until the crime is proved by in accordance with legal procedure and the sentence of the Court has acquired full legal effect.
- A defendant must be trialed timely, equally, and publicly by courts within the time provided by law. If the case is heard in closed doors in accordance to the law, the verdict must be pronounced in public.
- No one shall be trialed two times for one offense.
- Any person who has been arrested, held in custody, prosecuted, brought to trial in violation of the law has the right to self-defend or to seek the assistance of defence from lawyers or other people.
- Any person who has been arrested, held in custody, prosecuted, brought to trial, and sent in jail in violation of the law shall be entitled to damages for any material harm suffered and his reputation shall be rehabilitated. Anybody who contravenes the law in arresting, holding in custody, prosecuting, bringing to trial, and sending in jail another person thereby causing him damage shall be dealt with in accordance to the law. Article 32
- Every one enjoys the right of ownership with regard to his lawful income, savings, housing, chattel, means of production funds in enterprises or other economic organizations. Right to transfer property Protection from expropriation Right to establish a business
- The right of private ownership and the right of inheritance are protected by the law.
- In cases made absolutely necessary by reason of national defence, security and the national interest, in case of emergency, and protection against natural calamity, the State can make a forcible purchase of or can requisition pieces of property of individuals or organizations against compensation, taking into account current market prices. Article 33 Every one enjoys freedom of enterprise in branches and trades not banned by the law. Article 34 Citizen has the right to social insurance. Article 35 Right to work Right to choose occupation Right to safe work environment Viet Nam 1992 (rev. 2013)
- Citizen has the right to work and to select career, job, and workplace.
- Worker shall be provided equal and safe conditions of work and shall be paid with salary and enjoy break policy. Page 11constituteproject.org Limits on employment of children PDF generated: 27 Apr 2022, 10:51
- Discrimination, forced labor, and employment of worker under minimum age of labor are strictly prohibited. Prohibition of slavery Regulation of marriage Provision for matrimonial equality Right to found a family Article 36
- Male and female have the right to marry and divorce. Marriage shall conform to the principles of free consent, progressive union, monogamy and equality between husband and wife, and mutual respect.
- The State protects marriage and family, and protects interests of mothers and children. Rights of children Article 37 Limits on employment of children Rights of children State support for children State support for children Rights of children State support for the elderly
- Children enjoy protection, care and education by the family, the State and society; and are allowed to participate into children affairs. Infringement, maltreatment, abandonment, abuse, and exploitation of labor and other forms of violating children rights are strictly prohibited.
- The State, the family, and society shall create favorable conditions for young people to study, work, relax, develop bodies and minds, and shall educate them in morality, national tradition, civic consciousness, for them to be in the van of creative labor and national defence.
- The State, the family, and society shall respect and take care of old people, and promote their role in the career of national construction and defence. Article 38 Right to health care
- The citizen is entitled to health care and protection, equal in the use of medical services, and has the duty to practice regulations with regards to prophylactics, and medical examination and treatment.
- Any acts threatening the life and health of other people are strictly prohibited. Article 39 Citizen has the right and the duty to learn. Right to enjoy the benefits of science Reference to art Reference to science Article 40 Every one has the right to carry out scientific and industrial research, engage in literary and artistic creation, and enjoy benefits from those activities. Right to culture Article 41 Every one has the right to enjoy and access to cultural values, participate in cultural life, and make use of cultural bases. Article 42 Citizen has the right to determine his or her nationality, use of mother language, and select language of exchange. Protection of environment Article 43 Every one has the right to live in fresh environment and has the duty to protect the environment. Viet Nam 1992 (rev. 2013) Page 12constituteproject.org PDF generated: 27 Apr 2022, 10:51 Article 44 The citizen must show loyalty to his Fatherland. To betray one’s Fatherland is the most serious crime. Duty to serve in the military
Article 45 It is the sacred duty and the noble right of the citizen to defend his Fatherland. The citizen must fulfil his military obligation and join in the all-people national defence. Duty to obey the constitution
Article 46 The citizen has the duty to obey the Constitution and the law, join in the safeguarding of national security and social order, and conform to the established rules of public life. Duty to pay taxes
Article 47 The citizen has the duty to pay taxes according to the provisions of the statute. Duty to obey the constitution
Article 48 Foreigners residing in Vietnam must obey the Constitution and law of Vietnam; they shall receive State protection with regard to their lives, possessions and legitimate interests in accordance with the provisions of Vietnamese law.
Article 49 The Socialist Republic of Vietnam shall consider granting asylum to foreigners who are harmed because of their struggling for freedom, national independence, socialism, democracy and peace, and scientific work.