VIETNAM CONSTITUTION

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00457R000800720010-7
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 13
• Document Creation Date: November 9, 2016
• Document Release Date: March 1, 1999
• Sequence Number: 10
• Publication Date: August 29, 1947
• Content Type: IR

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CENTRAL INTELLIGENCE GROUP
INTELLIGENCE REPORT
=WRY Frerwh Indo China
SMUT Vletnma Constitution
DM IS August 1947,
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SUPPLEMENT
ORIGIN
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Ihe eirlIaltif-s between the admSatratIve -c,I;w.liatIon envisaged in fl
Constitution?and the aem"vistrat o7ganizat dveloyed y theIicIhn
Communist Party CATe disonssi more fully in a :7..,r17.:1nt reort ,..1.;11 the St ie of
. the Indochlnese Ccomulist Party.
In .govember 'i.945 the Government o'?'
a CoMmissien to Draft th.e Con$tItutlon, This 'i-7Trir..ission imau&e. jff--7
!angDAM.ruan nus. DAM thai s1 iiei 1.c ib TA ha?celc.,. Vnofficin 3G chi
Minh anaW nguyen Giap 7artIzted and s.vise. A rmlim-Ipary Draft H.::
publishel In January ?c)4 ho,f.retGenraL 11bEittM
for discuasion to the People's AsseAlT, witre Tma &!bAted at The
daily and weekly mess also cortained. &issF,Is on. -the sobj The
most important ane. serlous cici1.817-ele0 at it we thou In the
press, which accused the Draft Conntit'.atior of 1)vi5ne too par1iamentaria . The
Governnent, on the other bandk engage in a wir&o propaganda eazIpaign ?flthance ?
popular ?op5nion in favor of 1t8 dcptio.n Th indicates that the true .?:gpritanist
leaders of the Viet Minh understood mre clear4 the necessitj of disgu. Hing the
new.Revublic as a. Democratic one -thn dAd or.me of the young Barxint lece. who -
wrote. for the Marxst pres aml who wen) disappointad iv the 16,4c of r,iJ
between the Draft. Constitution and. the Constitution of the WA. The .1f.t of
the original Draft Constliwtion is !:ot and, can. not terefore
be compared with the Constitution finally q). Based .recol-
lection. that the final fon- '4-.5.17ers f7cirt the Draft Ccr tution
prino?paLL iri reounti n in iong.th mnd in :rektor cyla.i-ity of :tanguage. ter Its
Dooiament No.
NO CIiANGE in Class.
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DDA Momo, 4 Apr'77
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ption by by the Assembly on e Noverber 1946, and its promulgation by President
HO chi rinh the following day, it was intended to submit it to popular refer-
endum. This ster at of coeret Ireveetedbi the'ctbrah of hentilities, Never-
theless, it is still considered to he the Const,ItuLien of the Rerublec of
Vietnam, and at least in theory, it roverns the conduct of the Gover,eent. In
rractice there have been numerous violations.
The Prefters of the Corstitutien, aesisted by ,onstart advice fro r HO chi leinh,
were an extremely cempetent ereuT. Thee incleded reesons well-vcrsee in French
Constitutional Law, Chinese Central Coverrerret Constitutional Law, e:.1 Ch nose
Corrunist Constituticnal Law. HO chi Minh is familiar with Americar ''oestituticnal
Law. All the Drafters of course had thorouehly studied and digester, he Soviet
Russian Constitution and dectrire. The final Prnft eay therefore be onsldered
to be a studied and deliberate attempt to embody all appropriate teL es derived
fro r various sources, adapted to Inieehinese condition:4., and - above 1 -
moeified to meet the rrirary requirement of presenting a neeceretici appearance.
Desrite the latter reiwary reeirement, the DraftErs felt oblifed to eeclede two
essential features not generally found in Occidental Democratic ccun *eel (a)
The unicameral legislature (Peoplele Asseeble) ad (b) The Permanent preeittee
(which in time of reace resembles the Polit?Leo; in tire of warp hove .r, It
tends to disaepear from sight and be replaced In fart by the Tong-Be
The style of the Constitution in its orleinal Annamesa is sober, clear and simple.
The language is dignified, lofty, ane iaAiee in foreign expressions. The spirit
(in appearance) is full of hope, ineistelee rn the dignity of man, eli respect
for the individual. The tone tat of an instrurent intenee trua7 ie) serve
the Peeple, to be understood by then, and to become a rational eultu .1, document
as well as a political one. It is a Constitution that is intended tk he truly
acceptable to the People, and at the sere time to have propaganda ye-Lie abroad
in order to convince the Allies that 1:ietnar is a "true Democracy").
No ret.'eronee is 1Nee in the Constitution to t7etienal welfare Associat.ers. This
Is because in tbeore these Important instrure-nts of Viet Minh centre x( nut
Governmental organs but eolentary ergaeleaticrs of the reoele. In t lame may,
no renticn is reile of -olitical parties. )
CONST1TUTIC
of the Democratic Republic of Vietnam, ar'crted P Novenher 1946 by the ,eneral
Assembly of the People of the whole Nation, promulgated 9 November 1 Text
rrinted for the People's Assembly of Vietnam,
Preamble
The Aust Revolution restored rossessien of the country to the Natice, gave
liberty to the People, and crated a remecratic ReTublic. After EC
ceaseleee struggle, the People of Vietnam have succeeded in breaking lie yoke
of colonialism, and at the sane time abolishing the regime of royalty and the
mandarinate. Now the duty of the Pecrle is to safeguard the Land, to regain
complete ireerendence for the Country, and to reconstruct it upon a, reecratic
basis.
The People's Assembly, havinr been entrusted by the People with the t of
drawire ur the first Constitution of the Perecratic Republic! of Viete e repoeie
nizes that the Constitution of Vietnam must embody the results of al
glorious expleite?of the Revolution, and bf bel7et upon the following nciples:
- To assure complete unity of the People, regardless of race, sex, ass, or
religion;
- To rut into effect Peeceratic liberties;
- To bring into 'brine a strong and enlightened reciir.e of the Pcor
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' .. .* Through the spirit of unity and determination aireadY,acquired by thec*.Y.,1
-Teople? and urrler a broad Democratic regime, an independent and 4pited.'?, -,,?,,,?-?,,
Vietnam will advance along the path of glory and hatTiness? in step -ilith*
progress[Of the .4.1A5IE w01-14; p.11e in haTmony with the dasirc.of,
Atitanity.fer-Peace,,, '.
,
Chapter I
? The Form of Government
Azuz,11.24,....? Vietnam is a DeroerstiP Rerublie:. The entire arMed.forcos of
the country elong to tho citizens of Vietnam as a :whole, irrespective O.::* race,
set, class., or reliib?. ? ,
Article 2. Th( land of,7ietnar, is a comrlete and inSo-ar-hle unity northern,
?
CcntraL an( Soutlrn.
25X1X trticle 2 recognizes as a fait accornii? and for all tire, the
eorp cte Uninn of Tor'inp.Annan? and Cechinchina - the welding of the three Ey
into a ainCie cor,ntr. This Unirn Ilas been one of the principal or of
.contentien bet -ren +he French 4n0 the. Vietnamese. The old word Ty, used under'
-thc F'rrnch rcer, ate which inOica r0 serarate -olitical entities, governed on
'different principles, Is abandoned. In Article 2 it As net even ric'cessar7 to
use a substitute. In,ot,her parts of-the ConstitutLx the von'? Bo, indicating
a more geograrhical division, is used i-stead of thf 'cord Ity.)
-Arlials_L The flag of the Democratic Republic of Vietnam is red, wi%h a
five- zrtfe velior star in the
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This Is the fa r Whloll the raticnnaist Front say they will. ftnaist
s - e aardoned ,as it is elear3y inqpired by the USSR.)
The Ilaticnal AntheM is th( "Tien Quan Ca" ("Song of the Advancing Army)
-The ea tell. of Vletnpm la Banoi
the feth,,a1,..,tlddibcn cf he can- a- ,e rT at Hte is ab an6 COE U.
It '-ac from ranoi that th Ii rec rcoPa;e start _their CXPE-21siorl arid A"."11guest
tow-rd the, 40th hndreds Of ?;:e,-rs aro; a stirrinr histocical recollectioL for
Vietnarese pa:triotS: The choice of Hanoi as a capital not only serves to
erphasize the mlori(us past, hut - more imrertant - indicates the intention
of reconstructing the country on modern lines and rith a modern city as tke
carital, rver since the Government was forced to ahandon Panoi to the Frerch
in recerber 10460 they still consider Hanoi to be the capi'-.1 of the country,
and official documents, even though In fact emanating fror'rhai Pguyen or
? Teyar lu ncs, are usually dated Hanoi-)
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Chapter II
The Duties and Rights of the Citizens
-Ili
There rights arc poliuical, socia3 and cultural. The politinal
rights are more or less the normal ones of a derceracy; tL( so ial rights d-splay
a sorerhat Socialist tendency; the cultural rights are one:, on which the Vit
rinh have been extremely insistent. It is in the field of popular education that
they have in fact rade their most striking advances.)
A - Duties
Article 4: rach citizen of Vietnam must;
- Defend the Fatherland;
- Respect the Constitution;
- Obey the Law.
Artie:12_14 tech citizen of -Vietnam has the moral duty to becclre a so) r.
?
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B - Rights
Article 6. All the eitizens of Vietnar have equal rights in the political,
ecoeorie, and cuituri).1 fields.
Article 7. All the citizens of Vietnam are equal before the Law, and have
the right to participate in the administrtien and r(corstruetion of the country,
in accordance with their individual talents and character.
jiajskjls, Besides having equality of rights, those citizens beloering to
the racial rieority grcups must be helped in every way in order thst they may
quierly rrach the general standard.
' Women have the same rights as men in every way.
Articles 8 and 9 are evidence of the importance attached by the
Viet Linr to having the surpert of Racial Mincrity Groues ("Peuplades") and of
women The sincere attempts made by the Viet Minh to better their rositicn are
in narked contrast to the French practice: to play off one kleority Grcup against
*nether and to display complete indiffcrence to the rositidn of subjection
occupied by women under the feudalistic regime.)
Astilelejaa The citizens of Vietnam have tnc right to.;
? Freedom of opinion;
- Freedoe of publication;
? Freedem of organization ane association;
- Freedon of religious belief;
- Freedom to live and trevel within tee country, as well as tt _save
the country to travel ahroad.
These lofty expressions of individual rights are in insr -ing
contrast o eonditione under the Fr nch regime. The French scarcely even
pretended to accord such rights to the Vietnamese. Whether the Viet L1., ever
had an serious intention of ieplementing this provision for persons otier than
themselves is debataele. In practice, to date, it is an open secret that they
are dIsregarded.)
kligla_214 The citizens of Vietnam shall not be arrested or detained except
In accordance with existing law.
The same reason4ng applies to tis Article as that in the 'Tote on
Arrkraxlar2.Lr The homes and corresrondence of the citizens of Vietnam are
private property, and shall not be seized except in accordance with the law.
Tis Article is intended to demonstrete that "Vietnam is eot
orrunis . It is a previsitn which is not always observed in practice.)
ArIicle 1:3. The interests of persons who perform productive work, latellpetual
as well as manual, shahl. be respected. -
A provision to encourage people to eork rather than be perasites.)
ArItalealia Old or invalid citizens who cannot earn a living shall reeelve
help. Children shall be cared for in order that they may receive a proper
education.
Article 1.t.e., PriEary education shall be compulsory and free of charge.
/n local schools the citizens of minority racial groups may use their own
dialecte.
School ci-didren of peer families shall be given help and subsidies.
Private schools arid institutions may be frcc13r opened, but must con!:Lm to
official programs.
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ArtiO.e 160 Citizens of foreign countries who fight for freedom and
democraey and who have been persecuted shall be piven sheltfr and protection
in the land of Vietnam.
The motivation of Article 16 is difficult to uaderstanc,
O8B1.L7 an evitation to Indonesians, Purmeeep Chinese Cormuniste ? lossibly
an attempt to secure general goodwill abroad ?)
C - rlection, Recall, and Review 0 Referendum)
Artic1e 17. The syster of electirn is based upon universal suffrage.
Voting shall he free, direct, and by seer t ballot.
tallale 18. All the citizens of Vietnam, male or female, who shall have
attaired the ape of 18 years, shall have the right to vote, except the 3e who
are found to be weakrinded and those who shall have been deprived of their
citizenship.
Candidates for election erst be citizens who have the right to vote; in
addition, they rust be at leant 21 yr are old, and must be able to read end
write the national lanruaae.
Citizens who are in the army have the right to vtte, and to become eandidates
for election.
Article 19, The syster of voting shall be decided by law.
Article 20. The People have the right to recall the rerresontativee whom
they have elected in accordance with Articaes 41 ard 61.
. Article_21. The People have tie: right to review and decide upon th Consti-
tution and questicas which involve the destiny of the ratien, In acconence with
Articles 32 and 7n.
Chapter III
The People's Aesemb3a
_____1e 22. The People's Assembly is the supreme organ of theDemocaatic
Republic of Vietnam.
Ax/1222.22, The People's Asserbly is charged with the resp b11 for all
Natlenal affeirs; shall make the laws; shall decide the budaet; and shleapprove
treaties and agreerents ehich the Government may make with Foreign Powers.
ArI1222.24, The People's Assembly is elected by the People of Vietnem to
serve for a reried of three years.
There shall le one rerher of the Aoserhle- fcr each 50 000 citizens,
The nur")er of members fro lare' cities and free racial minority gr s shall
be decided by law.
rerbors of the asscrilly are elected fror constituencies iich are
either rovirces, large Towns, or Tribal Arcao, The /Leber of Ilembers iron each
constituency .1e-ends on the population of eh J. Province, Town, or Tril Area.
In the case of the Provinces, there is one member for every 50,000 of ?euleeion
of that Province. In the case of Towns and of Tribal Area, the prorcai;on is
tp be determined later hy law.)
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Article 25Members shall not represent the citizens of their own locality
only, but the whole nation as well.
Article 26. In case of doubt, the People's Assembly shall investigate to
determine whether a Member has been elected legally.
The People's Assembly is emeowered to accept the resignation of any Df its
2:embers,
airticle 27. The?Peorle's Assembly shall desisnate a President of t
two Vice-Presidents, twsive Offielal Members, an three Reserve Member.
a Permanent Committee. The President and Vice-Presidents of the People
shall also be President and Vice-Presidents of the Permanent Committee
T' le is the Committee to which reference was made as
within the overnmentflein a previoss report on "Vietnam: the Mirectir(
In a subsequent reyert on the same subject it was reported that an en(
Nationalist Front steted that this provision of the Constitution had tr'
into effect, and this Coemittee had never existed in fact. This state
apparently an error (1) In the late s
,Mm
2946, the Official 'us_ ce e overnmn e trniga2
a ) made reference
Perrarent Corsittee "eivinr its approval" to a certain measure. (2) 1
clear that the Cormittee existed at that tise. (3) However, since th
mencement of hostilities in Novemher/becember 1946, it has ?tended to 1.
Importance in favor of the Tong-so of the Viet Minh Party. (4) The ?Pr(,
of the Assembly and of the Permanent Committee is a more figurehead au -
usually an elderly non-Partisan.
Assembly,
to form
's Assembly .
t Committee
.Committeel."
.ial of the
been rut
it was
eer of
4 the
seems
recom-
a its
ident
.s
See preaious rercrts for details of ths Tone-Bo. For further remarks (Y! the
Perranert Coemittee sae M3.t the beginning of this reeort0
=Isle 28. The People's Assembly shall meet twice a year, being cr yoked
by the Permanent Committee in May and Fovember.
In .calc of necessity, the Permanent Coreittee may call a special se ton of
the People's Assembly.
The Perrarent Committee shall call a special session if one-third oS the
Members of the Assembly derand it, or if the Government Seeands it.
Article 29. One-half of the membership of the People's Assembly sh.
constitste a aeorum.
In reetinss of the Pecele's Assembly, a sirele majority of the Merl
present be decisive.
An excertien to this rule is that a Dec2arntien of War shall solute. 1-.he
assent of teo-thirds of the Members rresent.
anklt_20. The People's Pssembly 'shall meet publicly. The euhlic .all be
admitted to these meetines. Representatives of the press may report t. Assembly's
debates and decisions.
- In case of emergency, the People's Assmbly may hold a secret sessi
Article When a law has been adopted by the People's Assembly,
President of the Republic of Vietnam shall promulsate it within a peri.. of ten
days after he has been informed by the Assembly. However, during that lapse of
time, the President shall have the right to ask the Assembly to reconsi'er the
proposed law. In case the Aesembly, having reconsidered, still adopts iihe pro-
posed law without chancel the President shall then promulgate it.
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This power to request reconsideratien is quite different from
veto rower.. The veto power is quite unnecessary, due to the widespread and
Seivp-reeted methods of Viet rinh control. The time-limit provided in tis
Article, as well as elsewhere in the Constitutions is intended to avoll the
delays Supposed to be usually attendant upon Parliamentarian Governments).
.Article 22 Important Affairs rhch involve the destiny of the Nation shall
be submitted to popular referendum upon the aperoval.. of two-thirds of the
Assembly.
Article 33. When trio-thirds of the Assembly approve, the !scm y be
dissolved. The Permanent Committee may, In the name of the Assembly, Tiounce
such a dissolution.
AxIkle 2.4, When the People's reesembly reaches the end of its thre(.year
term, or when, rrior to this tire, the Asserbly is voluntarily dissolv p the
Permanent Committee shall exerciee all rovere ef ths Ass(mbly during t interim
eriod prior to the meet' e of s newly-elected People's Assembly.
In a ccerarison of Arti-le 34 with Article 56, it is nr a that
these teo Articles ar, aeperently in ecrplete eontradiction rith each ,
This is a most exceptional fault In this otherwise car,fully Irafted d, ument.
Possibly the intention is that th- Permanent Committee and tic Cabinet :nould
both continue to functicn in the interim rend - but each in its own sehere, and
in accordenee eith the rceers eranted to it by 1he previous Assembly. 'Lis
curious confusion, which is eerhars the result of too condensed lansuai serves
also to illustrate the feet that- in r(ality the Cormunists who inspire( he
Constitution wished the Assembly lo nay a rather impotent role (like t-:) othfr
People's Cormittees; the Assembly is indeed the Icorle's Committee on t
Natienal level.) It eas ietended ti-at tv( Assembly should alenear to hay! power,
but in fact act es a rubberestare for the Gov, rnment, and when necessacs assume
responsibility for unpopular decisions. A careful readine of ether pie *.sions
of the Coestitutice sumst the same penerel intentien.)
Article 35. Teo months before the People's Assembly reaches the co esion
of its three-year term, the Permanent Committee shall announce new ele ens.
The nee elections shall be co,pleted within this tro months' period '
to the coeclesien of the fsserbly's term. non the People's Assembly
volertseily, the Permanent Corrittee shall anneunce nee elections imrec -
The nen': elect-ices shall be corrleted to months after the Assemb
dissolution. The Permanent Com-ittee shall call a general meeting of
Peoples Anartly eithin one month after its election.
nen the Peoploye Assembly reaches the conclusion of Its term durine
the Assembly or the Permanent Committee may rrolorg the Assembly's tem
Put new elections shall be held within six rorths after the cenclusien
Article 36. ';;hen the People's Assembly is rot in session, the Ferre
Committee shall have the risbt to: .
a, Adopt or reject drefts of' new laws proposed by the Gevernr
These laws shall he submitted to the Assembly for cenfirmatior
11.25X1)reection at its next session.
The langueee is condensed and obscure. The apparent
that durinr irtereessienary periods the Committee exercises the legisle-
of the Assembly; a law adoptpd by the Committee becomes the erovisiona'
the land; but at the next session of the Assembly it must be confirmed
An alternative translaticr is as follows: "Approve or disapprove drafi
laws proposed by the Government, and determine hether or net they shoe:
mitted to the Assembly at its next session." If the latter translation
the Frrmanent Corrittee would seem to be a sort of Censor standing bete
Government and the Assembly.)
b. Call a general meeting of the Assembly.
c. Con+rol and criticize the Governme.nt.
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-
'-ior
Jolves
toly.
new
udefinitely.
the var.
1g is
,fe power
LV7 of
rejected.
Df new
: be sub-
correct
e the
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This provision (c) is another one intended to give an
appearance of emocrany, and to demonstrate that the Govesnment can not become
a Distatorshloo es It is subject to controls by representatives of tht; Pconle.
In practice, however, as the Government and the Permanent. Committee are both
necessarily dominated by the same Party, there is likely to be littl or no
conflict between them. The true role of the Permanent Comettee is .:4, control
and terrorize the People's Assembly.) .
Artt21?37. In meetings of the Permanent Committee, a sOmple majc ity is
decisive.
Article 3e. When the People's Assembly is unable to meet, the.Pe. onent
GoOmittee, In concert with the Government, shall-have the right to & lare war,
alai. the cessation of hostilities.
This impertant power in practice resides in Lhe Geyer; nt:
approval by the Permanent Committee. (dominated by the name Party as Govern-
ment) is a foregone ronclusior.)
Article 320 At the end of each sessicn of the Asssmbly, and afte
mission of the Permanent Soomittee7s report, thereoshall he R vote a
or non-confidence for the Permanent Cormittee.if one-:ourth or the me.
the Assenbly demand it. If a vote of non-coefidence !esults, all the
of the Permanent Cormittee shall resion. IndisidUalsenbern of the r
Committee may be re-elected,
?ne sub-
! confidence
loers of
membcos
saneot
Articles0.4 Tithout the approval of the People's tioembly (when i oession)
or of the Permanent Corrittee (when the Asseely it not in session), .e Govorn-
ment shall not have the right to arrest or convict any Member of the zenbly.
No remher of the Assembly shall be prosecuted b: :Ls because of an :thing he
may have said or any vote he may have cast in the cliotle cf a sesion of the
Assembly.
In rase of osen law-breakInn, the Government hat the right to ere
of the Assembly, bot the fact must be reported to t ' Permanent ColmL
twenty-four hours. The Committee or the Assembly sO 11 then decide 1
If a member of the Assembly is deprived of the H. ,ht to. vote, he it
deprived of his rights as a Eember of the Adsembly.
I. These controls on the riphts of the (ivernment to Into
wln. . .e ,cr, of the Assembly are more apparent thv ie,d.)
Anillt_42, The Assembly shall discuss th( eish13sal of a *Sember
fourth of the voters of the Province or Town wl-ich .'ts elected him de
If two-thirds of the Assembly aTTrovP the prcrosal the MembiT in clue
resign.
Members
-T Within
issue,
also
re
one-
d it.
on shall
Articlelas The allowanoes of Mrnbers shall be dlded b! ay.
Chapter Iv
ALIA.o_h_c. The highest Adrinisrative Organ cthe Nathr is the vern-
ment of the nerccratic Rey:alit- of Vietnam.
Article 4.44 The Government is composed of he ,'resident o the Dc -ratio
Rerul lin of Vietnam, the Vice-Prcsident, and. the Soninet. The Sabine' s
corposed of the Premier, the rinisters, and t V -e-Ministers. It to also
inrlone Assistant Vice-rinisters,
Arilak_AL The President of the Democrai e Retvlilic of Vietnac, 31
elected from among the Yembrre of the Asscmbi; el,!ctisn shall be to
two-thirds of the Vennsrs of he Assembly.
004FIDENTIAL COYTRC.
oaa
be
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If at at the first 'ballet, no ore candidate receives the necessary majority,
then at the second ballot a eirple plurality shall be sufficient for the
election of a President.
The President of the Democratic Reeublic of Vietnam shall be eleofeid for
a term of five: years. At the end of that term, he may be re-elected_ One
roeth before the expiratien of the President's term of office, the P. emanent
ternittee shall call a general rectinr of the People's Assembly to eeect the
newjresident of the Rerublie. -
At the present time, PC chi Minh occupies the dual peeitien
of president of the Republic and Premier. He as formerly also Minister of
Foreign Affairs - a -ositicn which la has since accorded to FOAM mi; ee Giam.)
AX-Ii.c.21....4L The. Vice-Pr=sident of the Democratic Republic of Vietnam is
elected from among the Yemb-rn of the People's Assembly in accord wite
ordinary principles.
This peens a simple majority).
The term of office of thd Vice-President is concurrent with that iMembers
of, the Assembly.
The Vice-President shall assist the Prrsident. If the Presidknt ries or
resirns, the Vice-Prrsident shall provisionally rerlace him. A new President
shall be elected within to months' time.
Article 424 The President of the Democratic Republic of Vietnam
the Premier from among the Members of the Assembly, and shall presen
the Assembly for ronfirmatier. If the Premier receives the confirm
the Assembly, he shall choose the Ministrrs frcn among the Members c
Assembly, and shall present them to the Assembly for confirmation. 1
sball also choose the Vice-Ministers. The latter do not necessarily
be Members of the Assembly. They must be presented to the Gpvernmeri
iiiiiiiii1111 The laet provision permits the choice of technicians
political figures for the routine work of Ministries. It also permit
Minh to name as Ministers resrectab3e but lepetent non-members of th,
and to rive the Vice-Ministerial rest to an efficient Parte member wh
actually run the Ministry. This was true of the Ministry of the Intt
early 117. The Minister, HUM thuc Khang, was an ineffectual firur
true rewer rag wielded by the able, energetic, and Communistic liCAr0
(nur rci). r'oth the M1nister and the Vice-Minister died in April
previees reecrts). Py rakine use of this Constituticnal erovisien, -
Minh ray name ae Vice-Minister an inconspicuous but powerful fieure -
ins-terve a returned student fror Moscow, hearing an assured name.)
all choose
e.im to
,en of
-the
,e Premier
eave to
for
ther than
1
the Viet
party,
. will
.e.or in
:lead;
seu Nam
'7., (See
Viet
for
Member of the Permanent Cormittee may not te areo1rted to GovernmeA posts.
The ruerese of the last sentence is to eive an arrearaeee of
Democracy.
AzILls..AE, If a Ministerial Trot falls vacant during an interse 'enary
perfed, the Premier shall, in agreement with the Permanent Committee; loose
a replacement to act in the interim period. The rcelacement shall le eesented
for confirmetion- at the next meeting- of the Assembly.
Article 49 The President of the Democratic Republic of Vietnam
with the following powers:
To represent the Nation;
b. To he Corrander-in-Chief of thP Armed Forces of the coue
name or dismiss high-ranking officers of the Army, Navy, an
a. To sign the decree appointing the Premier, the Members
Cabinet, ane the senior Members in the Departments of the G,
C07.7ITOTTIAL COLTROI
OFFIC TA LS ONLY
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,yy; to
Ar Force;
the
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d. To preside over relinet meeting's;
e. To rromulgate laws passed by the People's Assembly;
f. To award decorations and diplomas of honor;
g. To grant pardons;
-h. TO sign treaties with other Nations;
i. To send Vietnamese diplomatic and consular reeresentattses to
- gneountries, and to receive foreign reprolentatives;
25X1X This (i) is a right on which the Vietnarese have been mcst
insistent n all their nepctiaticns with the French.)
j. To declare war or to declare the cessation of hostiliti ; in
accordance with Article 38s
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Ax119.11_21, The President of Vietnss shall not re herY resrensib7, for any
official acts except only those involving nigh Treason.
ArVxle 51. nen rroseeuting the 'President, the Vice-President, c any
member of the Cabinet for High Treason, the People's Aeeembly shall fe:n a
Special Court to try his or them.
The arrest or erosecutien of any memb,r of the Cabinet fer common isses
may not take place without the approval of the Government.
Article 52. The Government is vested with the fol2o77inr'eowers:
- 4. To execute the laws passed by the Assembly;
b. To present Orefts of proposed laws to the Assemely;
c. To rresent drafts of proposed laws to the Permanent Committes in
case of emergency when the Assemrly is not in sessinn.
d. To countermand orders given by junior organs or the GOV(
if necessary;
e. To name or dismiss members of the different adulnistrair or
technical services of the Government;
f. To rut into effect thelaw of mobilization and any othe- eeasusle
necessary for the security of the Nation;
F. To prepare the yearly budget.
Wel; r
Arliat_222. Each decree of the Govern- ent shall be signed by the .eree'.dent
of Vietnam and by one or several Ministers in accorOance with their fenotsens.
These Ministcrs shall he restersible before the People's Assembly fel- the
execution of these decrees.
Article...as When a Minister docs not have the c;nfidence cf the iceple's
Asserbly, he shall resign. The Cabinet as a unit eall not be held xls,on:ibl,
for the deeds of a !Yeister. The Premier is reeerrsible for the pent Ll
policies of the Cabieet. The Pecele's Asserble mes hold a vete of cc r'iden,e
or non-confidence regarding the Premier only -hen the Permanent Corsi tee or
one-feurtl- of the rer'.--rs of the Assembly aerrovo it. within twenty-'pur hoecs
after the reeele's Assembly hes elven a vote of nen-confidence in the abinel,
the Pres4dent of Vietnam has the right to reeuese the Assently to rece sider.
The debitr reconoleratio:, shall t:ke place not :ess than forty-el t hours
after the oririnal vote. If the Cabinet still does not receive a vo! of
confidence free the People's Assembly, it shall resign.
As the Cabinet -Is the crc-,tien of th2 Premier, a vote noe-
con ? ?ence recording the Premier is the same thing as a vote of non-c 'ldence
regarding thc Cabinet. Corpare French ronstituticeal Law)
AzIlEk_12, The Miristers shall answer verbally or in writing any
asked them by the Peoele's Assembly or be the Permanent Committee.
shall '7.-e given within ten days of receiving the question.
Aselieleelkr When the People's Assembly reaches the conclusion of
is voluntarily dissolved, the Cabinet shall exercise the Assembly's I
the new Assembly is formed.'
Compare Article 34.)
COIYILTIAL
U.O. orvicIALs
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ti
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Chapter V
The People's Cormf.ttecs and the Executive Committees
In this charte-, certain Annarese terms have been freely
translated for greater clarity. "Foi-Dong han-Dan" (literally "Pe clefs
Council") is transla,ed as People's Com-ittee, es this is the name r which
the organizaticn Is best known in English ("Comite cu Peurle" in French),
"Uy-Ban Hanh-Chinh" (popularly krown as the U B H 0 (literally Admloostrative
Commissicn) is translated as Executive Committee ("Comite Executif' on French).
The Executive Comrittees are soreti-es reftrned to by various othei, names in
the press, but can usually be identified by their functions. In documents of
the Indochinese Corrunist Party. Executive Committees and thc Government itself
are often designated*by the Russian word Soviet, spelled "Soviet" Ie Annamese.
?Nghi-Vin rThan-Pan" (note the dot under "e" in "Vin"; P epic's
Parliament) is transl..ted as Peoplets Assembly ("Ass,mblee da Peurl. in French).
It is sametires referred to in the press as the National AsaemLly (''Issemblee
Natirnaie"). "rrhi-Vien Yhan-Dan" (without dot under "e" in "Vien"' roans
Member lf the Assembly, and is so translated. The foreign press sometimes refers
to them as "Deruties" or "Delegates"; but the word "Delegate" also has other
meanirgl, particularly in the Communist Party.)
Ax1112s_52A, From the Adrinistretive point of
hree Po: Forthern, Central, and Southern.
See Note on Article 2.)
o s stio avided into Tinh (Provieces).
(Sub-prefectures)
Fuyen m Chinese Hsien.)
Each Fuyen is divided into Xa (Villages).
Artialat2L4 In each Tinh (Irovince) and in each Thanh-Fho (large
as Tell R3 in each Thi-Xa (Precinct of a Town) or Xa (Villaoe in th
there are People's Cemritteee elected by direct vote and universal ni
The Peorle's Corrittees of the Tinh, Thanh-Phol and Thiele. or Xa ei
Execotlye Corrittees of ticse sa-divisions.
ac
vie
Vietnam is c rrised of
Each Tinh is divided to Huyen
For the T.'o and the Huyen, there are only the Executive Cormittec
Executive Ccerittec of the 7c is elected by the People's Corrittecs
the Tinh and the Thanh-Pho conrosing that Bo. The Executive Corrit
, en is elected by the Peoples Committees of all of the Xa compos!
In a previous report on the Peeple's Committees, i
that the Pecree s Cormittees on each level were elected by direct
ropulatInn coecerned, and that on each level the Executive Cormitt-
by the acerle's Committee on the sere level, with the approbation
Executive Cormittee on the next lifter level. This steterent, by
was rartly In error, The exceptions, as will be seen from Article
Po and Puyen.)
These excertions appear to heve been made solely in
of simrlifyilTe elections. Furthermore, according to the ConstitutI
to the Txecutive Committre does not require approbation of the Com
the next hip-her level; however, all the acts or the Executive Commi
requiral to he in accordance with directives from the Executive Co
higher levels.)
AstiLlaajla The People's Committees shall decide matters relati
own locality. These decisions shall not he in conflict with the di
Committees nn hirher levtls. The Executive Committee shell he char
the duties of:
a. Executing orders given by higher authorities;
b. Executing the decisions of the Peoniels Committee
after having bee.- approved by the Executive Committee
level;
c. Directinr the a'r;r1-rtrati:-n of thr ocality.
ToAn)!,
country),
STrage.
t the
The
of all of
f!e of the
a that Huyen0
was stated
a of the
las chosen
ihe
are on
je interest
, election
Te?n
::ees are
..,Aees on
to their
ctiveh of
ed with
on Its own level,
on teil next higher
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Article 60. The Executive Cormittee is responsible to the Committees on
25X1X hi her le-els, and to the Feoele's Committee on its own level.
on Articleo 5') and 60: Aelording to the Constitutions ie
Executive Committee is concurrently responsible to the People's Con' 'ttec on
Its own level and to the Executive Committee on the next higher le; . In
practice (as has been pointed out in previous reports) the latter e eonsibility
is the only importent one. People's Committees tend to become mere rubber
stamps. At one time, immediately before and after the Japanese surrender, the
People's Committees (at that time called "Uy-Pan Cach-Mang Nhan-Dan" -
"People's Revolutionary Committees" - a translaticn of the sense of he Russian
word "Soviet") were in fact extremely powerful. This fact threatere, the Viet
Minh control in certain regi ens where the Q.D.D.-Dong Minh Rol or te Trotskyists
held considerable popular following TI-e situation was corrected f,era the Viet
Minh point of view during the period November 1945-January 1946. FL was
centralized. The final enunciation of this change is to be seen in rticle 62.)
Article 612 The members of the People's Committees and of the cutive
Committees shall be subject to removal. The conditions governing s12,h removal
will be designated by law.
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Article 62. Governmental decrees will define exactly the detail e of organi-
zation of People's Committees and rxecutive Committees0
tic1e 63
comprise:
a..
b.
Ce
Chapter VI
Organs of Juctice
The Organs of Justice of the Democratic Republic of i.etnam
The Supreme Court;
Courts of Appeal;
Courts of First and Second Instinee.
Article 64. The Judges or Earistretes shall be appointed by the Covernment.
Article 65e In criminal cases, there shall be a Jury of the People. In
criminal casesor minor importance, the Jury shall be present at, ar'7 participate
In, the trial. In important criminal cases, the Jury shall render ee decision
together eith the Judge.
In practice, this means that the Jury becomes the sc egoat for
unpopular decision by Viet Minh Judges.)
AEIlelleaA The members of the Racial Minority Gr ups may use tleie own
dialect before the Corrt.
1111111111111111 Another instance of the Viet Einh attempt to woo the inorities.
A-scstinct departure fror Freech practice.)
Article 67. Fxceet in srecial circumstances, the sessicns of ac.
be open to the rublic. The defendant may defend hirself, or may es.
to defend hir,
s shall
.7 a lawyer
Article 6e, It Is absolutely forbidden to torture, beat, or illfeeeat the
accused either before or after judgment.
This provision is a rreat departure from conditions e,ioting
under the. French regime. Unfortunat(ly, it is not followed in praC.ce.)
Article 69. In a trial, the Judges and. Magistrates shall confer eo the
laws, and no other organs shall have the right to intervene.
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Chapter VII
Article 7t% Tho prooeso for amore!nr.the Constitution is as follow
a. Tro-thirds-of the People's Assembly must demand it;
b. The People's Assembly must elect a Commission to draft the
proposed amendment;
e. The amendment, when it has been arproved by the Assembly,
must be immediately submitted to popular referendum.
Printed at the Vietnam National Erf-ss,
This document contains info:'mation
affecting the national dqfensP ,pf the
United States within tho meanirr of
the Espionage Act, 50, U.S.C. ::)1 and
32 as amended. Itstrammissior or
the revelation of its contents in any
manner to an unauthorized persol is
prohibited by law.
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