Constitutional Law at Vietnam
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Here’s a clear overview:
Constitutional Law in Vietnam governs the structure and functioning of the state, rights of citizens, and the political system. It's mainly based on the Constitution of the Socialist Republic of Vietnam, which is the highest legal document in the country.
Key points:
Current Constitution: Adopted on November 28, 2013, effective from January 1, 2014.
Political System: Vietnam is a single-party socialist republic led by the Communist Party of Vietnam (CPV).
Supremacy of Constitution: The Constitution is above all other laws. Every organization and citizen must comply with it.
Human Rights and Citizen Rights: The 2013 Constitution strengthens protection for human rights, fundamental freedoms, and citizen obligations.
Organization of State Power:
The National Assembly is the highest state authority.
The President, Government (Prime Minister), Supreme People’s Court, and Supreme People’s Procuracy are key executive and judicial bodies.
Legal System: Based on civil law tradition (like France), not common law (like the U.S. or UK).
Judicial Independence: Formally stated, but in practice, courts operate under strong political influence from the CPV.
Important Characteristics:
Collectivism over individualism: State interests sometimes override personal rights.
Limited judicial review: Courts do not have full power to strike down laws as unconstitutional.
Gradual reforms: Vietnam is modernizing its constitutional framework slowly, balancing socialism with global integration.
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