MNISTRY OF JUSTICE

HANOI LAW UNIVERSITY

FALCUTY OF INTERNATIONAL TRADE BUSINESS LAW

GROUP WORK
FINAL-TERM ASSIGNMENT

COURSE:
BASIC LEGAL ENGLISH 1

TOPIC:
The comparison of the 1946 and 2013 Constitutions of Viet Nam

GROUP : 01
CLASS : 4827-N06

Hanoi, 2023
 MINUTE DETERMINING THE INVOLVING LEVEL AND
PARTICIPATING RESULTS IN GROUP WORK
ACTIVITIES
Group: 01

Class: 4827-N06

Topic: The comparison of the 1946 and 2013 Constitution of Viet Nam

1. The work plans of Group:

+Receiving the topic from the falcuty page, the leader conducts a team meeting and
assigns work to each team member.
+ Present each individual's point of view.
+ Members take up tasks and proceed.
+ Group meetings to check work progress.
+ Group meetings to discuss work.
+ Group meetings to summarize work.
+ Group meetings to try practicing presentation.
+ Leader summarize and finish work.
+ Members amend, supplyment and finish work.

2. The divisions of work and group meetings:

- Determining the level of participation and results of each student's participation in
the involvement of group work activities, the outcomes are as follows:

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 Students’ self-
Teachers’ assessment
Students’ assessment Students’
No. FULL NAME
ID number signature
Grade Grade Teachers’
A B C
(in number) (in word) signature
1. 482737 Trần Thị Hà Linh 
2. 482738 Trương Thùy Linh 
3. 482739 Lương Phương Ly 
4. 482740 Nguyễn Thị Mai 
5. 482741 Trần Hoàng Mai 
6. 482742 Bùi Trần Huyền My 

The outcome of the group work assignment:

Hanoi, November 20th, 2023
+ The first teacher’s assessment: …………………
GROUP LEADER
+ The second teacher’s assessment: …………………
- The result of the presentation: …………………
- Teachers grading the presentation: …………………
- The final grade: …………………
- The final assessment of the teacher: …………………
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Table of contents:

I, Information section………………………………………………………………

Beginning…………………………………………………………………………
…

II, Presentation contents section…………………………………………………...

1, Relevant definitions………………………………………………………………

2, The context……………………………………………………………………….

3, The lay-out………………………………………………………………………..

4, The preamble……………………………………………………………………..

5, The state apparatus……………………………………………………………….

6, The Human rights, the citizens’

rights……………………………………………

7, Economy, social affairs, culture, education, defense security……………………

8, The subjects amending/passing

General conclusion…………………………………………………………………

Reference materials………………………………………………………………...
I. INFORMATION SECTION:
1. Presentation topic: The differences of the 1946 and 2013 Constitutions of
Viet Nam
2. Group: 01 Class: 4827-N06
3. Group members/ Tasks:

No. Members’ full name Task

Economy, social affairs, culture,

1 Trần Thị Hà Linh
education, defense security

2 Trương Thùy Linh The context

The lay-out, the preamble

3 Lương Phương Ly
Group leader

The political regime, the state

4 Nguyễn Thị Mai
apparatus

The subjects working with

5 Trần Hoàng Mai
Constitutions

6 Bùi Trần Huyền My The Human & citizens’ rights

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THE BEGINNING:
70 years of formation and development of the National Assembly means 70 years of
constitutional history. Each Constitution converges the quintessence to serve the
cause of building the country. Accordingly, the essay will present "The difference
between the 1946 and 2013 Constitutions", based on the analysis of the basic
elements of the Constitution.
II, PRESENTATION CONTENT SECTION:
1. Revelant definitions:
 Constitution:
o A set of fundamental principles or established precedents according to
which a state or organization is governed.
o The supreme law that defines the structure of government, allocates
powers and duties to government institutions, and outlines the rights and
responsibilities of individuals.
o Written or unwritten, vary in their form and content across different
countries.
 The importance of Constitution in the legal system of Viet Nam:

The Constitution of the Socialist Republic of Vietnam holds significant importance in

shaping the political, legal, and social framework of the country. The Constitution is
the only document that provides the most general regulations on regulating social
relations, people's sovereignty, and organization of state power; human rights, basic
rights and obligations of citizens.

The Constitution is a document and a legal means to implement the ideology,

guidelines and policies of the Communist Party of Vietnam in the form of legal
norms. Legal documents can be regularly adjusted to effectively regulate and manage
the country. But the Constitution is always correct and must be followed in the
process of building and perfecting the legal system.

This is also the legal form that most centrally expresses the ideology of the working
class, the working people and the entire nation. It brings transparency and fairness in
management and solves problems that arise in society. From there, the state creates
standards for the lives of citizens participating in social relationships.

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The Constitution's subjects of regulation are very broad, covering almost all areas of
social life. Provides general principles to form the basis for legal norms to be born.
Reflecting all sectors and different needs of people's access needs.

 The history of Constitution of Viet Nam:

From 1946 to present, the National Assembly has passed 5 Constitutions:
o The 1946 constitution.
o The 1959 constitution
o The 1980 constitution.
o The 1992 constitution.
o The 2013 constitution.
2. The comparison of the context of both of the Constitutions:
2.1. The 1946 Constitution:

On September 2, 1945, President Ho Chi Minh read the Declaration of Independence

at Ba Dinh Square (Hanoi), giving birth to the Democratic Republic of Vietnam. At
that time, our newborn country had faced untold difficulties: natural disasters, enemy
sabotage, hunger and poverty, remnants of semi-feudal colonial society, a fledging
government and so forth.

On September 8, 1945, President Ho Chi Minh signed Decree 14-SL in which Article
6 stipulated: "To draft a constitution to submit to the National Assembly, a
Constitution Drafting Committee of 7 people will establish."

The draft of the Constitution was publicly published in the newspaper "National
Salvation" on November 10, 1945 and printed and sent to localities with the
Government's announcement: "Want all Vietnamese people to participate in the
making of the Constitution of the country, so the Government publishes this draft
Constitution so that everyone can read it carefully and freely discuss and criticize...
The Constitution Draft Committee will focus on amendment proposals and people's
opinions. Then submit it to the national congress for discussion…”

The first Constitution in Vietnam's Constitutional History was approved by the

National Assembly on November 9, 1946, marking a brilliant milestone in the process
of fighting to regain independence, freedom as well as the spirit of solidarity. the hope
in the new regime of the entire Vietnamese people. It is also a response to the
Government's promise of a state of the people, by the people, for the people.

2.2. The 2013 Constitution:

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After nearly 20 years of implementing the 1992 Constitution (amended in 2001),
along with changes in the domestic, regional and international situations, the Party
and State of Vietnam recognize the shortcomings and inadequacies in society:
bureaucracy and corruption become serious; depressed, slowly-developed, lack of
competitiveness economy; people were dissatisfied and had reduced trust in the
government.

The 11th National Congress of the Communist Party of Vietnam, meeting from
January 12 to 19, 2011, at My Dinh National Convention Center (Hanoi) issued a new
Platform, building an orientation. develop in the new era. To institutionalize the Party
Platform, at the second session from October 20 to November 26, 2011, the 13th
National Assembly decided to summarize the implementation of the 1992
Constitution (amended in 2001) and establish a Proposal Committee. draft the
Constitution.

After nearly 2 years of drafting and referendum, on November 28, 2013, the 13th
National Assembly approved the 2013 Constitution, marking an important milestone
through nearly 70 years of Constitution-making history, a step forward. new on the
path of building and protecting a strong, prosperous and internationally integrated
Fatherland
3. The comparison of the lay-out of both of the Constitution:
3.1. The 1946 Constitution:

The 1946 Constitution includes 7 chapters and 70 articles:

 The Preamble
 Chapter I (From Article 1 to Article 3): Government
 Chapter II (From Article 4 to Article 21): Citizen rights and obligations
 Chapter III (From Article 22 to Article 42): People's Parliament (now called
National Assembly)
 Chapter IV (From Article 43 to Article 56): Government
 Chapter V (From Article 57 to Article 62): People's Council and Administrative
Committee
 Chapter VI (From Article 63 to Article 69): Judicial agencies
 Chapter VII (Article 70): Amendments and ratification of the Constitution
3.2. The 2013 Constitution:

The 2013 Constitution includes 11 chapters and 120 articles:

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  The Preamble
 Chapter I (From Article 1 to Article 13): The Political regime
 Chapter II (From Article 14 to Article 49): The Human rights; The citizens’
rights and obligations
 Chapter III (From Article 50 to Article 63): Economy, society, culture,
education, security and defense
 Chapter IV (From Article 64 to Article 68): Defending the Fatherland
 Chapter V (From Article 69 to Article 85): The National Assembly
 Chapter VI (From Article 86 to Article 93): The President
 Chapter VII (From Article 94 to Article 101): The Government
 Chapter VIII (From Article 102 to Article 109): The Supreme People's Court;
The Supereme People's Procuracy
 Chapter IX (From Article 110 to Article 116): The Local government
 Chapter X (Article 117 and 118): The National Election Council; The State
Audit
 Chapter XI (Article 119 and 120): Effect of the Constitution and Amendments
to the Constitution
4. The comparison of the Preamble of both of the Constitution:
4.1. The 1946 Constitution:

Right in the Preamble, the 1946 Constitution affirmed: "The August Revolution
regained sovereignty for the country, freedom for the people, and gave birth to
republican democracy", recognizing the achievements of the Revolution. Our People
have achieved it. The 1946 Constitution affirmed the independence, sovereignty,
unity and territorial integrity of Vietnam and determined the basic and urgent task of
the entire Vietnamese to protect the national independence: Preserving the territory,
gaining the complete independence and building the nation on a democratic
foundation. “An independent and unified Vietnam steps firmly on the path of glory
and happiness as it integrates into the world's progressive trend and humanity's
desire for peace.".

In accordance with the above situation and tasks, three principles for Constitution
building were clearly stated:

 Uniting all People, regardless of race, gender, class, or religion.

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  Ensuring democratic rights.
 Realizing the strong and wise government of the people.

Constitutional rights belong to the people. However, under the country's conditions at
that time, the Nation could not exercise this right, so it was handed over to the
National Assembly.
4.2. The 2013 Constitution:

The Preamble of the 2013 Constitution is very brief, with concise words, reflecting
the nation's heroic history and the great revolutionary achievements that our people
had; affirming the inheritance, construction, implementation and protection of the
Constitution for the goals of rich people, strong country, democracy, fairness and
civilization.

It affirms that the 2013 Constitution is the institutionalization of the Platform for
building the country in the transition period to socialism, the leadership role of the
State and society of the Communist Party of Vietnam.

The Constitution demonstrates the relationship between the Party's leadership, the
people's ownership, and the State's management, while also expressing the belief,
will, and aspirations of the majority of the people towards the Party.

The principles for building the Constitution are not specified here. Constitutional
power belongs to the National Assembly, the referendum is decided by the National
Assembly
5. The comparison of the stated political regime of both of the Constitution:
5.1. The 1946 Constitution:

State institutions have been correctly identified in Article 1: "Vietnam is a democratic

republic. All power in the country belongs to the entire Vietnamese people, regardless
of race, gender, economic condition, social class, or religion.”.

Article 2 of the Constitution emphasized the unity of our country: "Vietnam is a

unified country consisting of three indivisible regions: North, Central, and South.”.

The Party's leadership role has not been recognized.

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 5.2. The 2013 Constitution:

The prescribed form of government is the Socialist Republic of Vietnam (Article 1).

The 2013 Constitution affirms: "The State of the Socialist Republic of Vietnam is a
socialist law-governed state of the People, by the People, for the People” (Article 2).
For the first time, the word "People" is capitalized.

The 2013 Constitution adds a very important new point on the principle of
organization and exercise of state power: "State power is unified, with division,
coordination, and control among state agencies in the exercise of legislative,
executive and judicial powers.” (Clause 3, Article 2). It can be affirmed that this is
the first time in our country's Constitutional history that the principle of controlling
state power is recognized in the Constitution.

In Article 3, the 2013 Constitution notes: "The State ensures and promotes the
mastery of the People; workers, respects, protects and ensures human rights and
citizen rights; achieves the goal of wealthy people, strong country, democracy, equity,
civilization, everyone has a prosperous life, freedom, happiness, and conditions for
comprehensive development." This is a new progressive point, realizing the content of
the Country of the people, by the people and for the people, demonstrating the
increasing attention of the Party and State in protecting human rights and citizens'
rights.

The Constitution not only affirms the leadership of the Communist Party of Vietnam
but also defines the responsibility of the Communist Party of Vietnam (Article 4).

The 2013 Constitution stipulates in Clause 4, Article 5: "The national language is

Vietnamese. Ethnic groups have the right to use their language and writing, preserve
their national identity, promote their good customs, traditions, and culture", "The
State implements a policy of comprehensive development and create conditions for
ethnic minorities to develop their internal resources and develop together with the
country." This regulation clearly demonstrates the government's concern and support
for the 54 ethnic groups living together on the land of Vietnam.

For the first time in constitutional techniques, the 2013 Constitution stipulates that the
People exercise state power through two forms: direct democracy (voting when the
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state holds a referendum, secret ballot in elections) and popular democracy.
representative owner (through the National Assembly, People's Council and other
state agencies) (Articles 6 and 7).

Thus, compared to the 1946 Constitution, the new point of the 2013 Constitution is
the provision that the People exercise state power not only through direct democracy
and representative democracy through the National Assembly and People's Council
but also through other State agencies.

It fully recognizes socio-political organizations, determines the roles and

responsibilities of these organizations towards the country and people; upholding the
principle of the rule of law: Everyone must respect the law and operate within the
framework of the law.

The 2013 Constitution affirmed territorial sovereignty more specifically and in more
detail than the 1946 Constitution (Article 11): "The Socialist Republic of Vietnam is
an independent, sovereign, unified and territorially intact country. territory, including
mainland, islands, seas and airspace." This is a message sent to people in the country
and all people in the world about Vietnam's legal geographical position.

Furthermore, our country's current foreign policy is clearly stipulated in Article 12 of

the 2013 Constitution.

Compared to the 1946 Constitution, Article 13 of the 2013 Constitution stipulates

additional national emblem and national day.
6. The comparison of the state apparatus of both of the Constitution:
6.1. The 1946 Constitution:
6.1.1. The People's Parliament: (now called the National Assembly)

The People's Parliament is stipulated as the body with the highest power elected by
the people in the form of secret ballot for a term of 3 years.

Structure: unicameral, the Standing Committee is a regular body of the Parliament,

consisting of a Head of Parliament, two Deputy Heads (also Head and Deputy Head
of the Standing Committee), 12 official members, 3 alternate members .

Duties and powers are only specified in a general way (Article 23)
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 6.1.2. The President:

Elected by the People's Assembly from among its members.

Term of office is longer than the term of the Parliament (5 years), without mentioning
the number of consecutive terms or the age of candidacy.

Is both the head of state and the head of the Government, holding executive power
and commander-in-chief of the army, without any responsibility, except for treason.
6.1.3. The Government:

Called the Government, distinct from the Council of Government (in the 1959
Constitution) and the Council of Ministers (in 1991 Constitution).

Regulated as the highest administrative agency.

The structure includes the President, Vice President and Cabinet (Prime Minister,
Deputy Prime Minister, Minister, Deputy Minister).

6.1.4. The local government:

Divided into 4 levels: region, province, district, commune.

The regional and district levels only have an Administrative Committee without a
People's Council, which is an intermediate-level, incomplete government.

The commune, province, city and town levels are defined as levels of government that
have both the People's Council and the Administrative Committee.

The regional-level Administrative Committee is elected by the Councils of provinces

and cities. The districts’ Administrative Committee is elected by the communes’
Council.

There is a distinction between rural areas and urban areas.

6.1.5. The Supreme People’s Courts and Procuracy:

Courts are established according to the judicial level (Supreme Court, appellate
courts, secondary and primary courts), implement the judge appointment regime.
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There is no Procuracy, only the court prosecutor's office.
6.2. The 2013 Constitution:
6.2.1. The National Assembly:

Is elected by the people and has a term of 5 years. In special cases, it can be extended
but not more than 12 months. Its structure is completely inherited the 1992
Constitution.

It re-establishes of the National Assembly Standing Committee. Members of the

National Assembly Standing Committee are not also members of the government.
Committees have a number of members who work on a full-time basis.

The National Assembly is the only body with constitutional and legislative powers,
has supreme supervision over all state activities, and establishes the supreme state
agencies; decide on important national issues; exercise supreme authority over all
state activities.

The Chairman of the National Assembly has a powerful nature, holding the position
of both the head of the National Assembly and the Chairman of the National
Assembly Standing Committee.
6.2.2. The President:

Elected by the National Assembly from among the National Assembly deputies.

Duties and powers are increased (Article 90).

6.2.3. The Government:

Called the Government, distinct from the Council of Government (in the 1959
Constitution) and the Council of Ministers (in 1991 Constitution).

The highest state administrative agency, exercising executive power, is the executive
agency of the National Assembly.

The structure includes: Prime Minister, Deputy Prime Ministers, Ministers, Heads of
ministerial-level agencies.
6.2.4. The local government:

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Divided into 3 levels:

1. Provinces and centrally-run cities.

2. Provinces are divided into districts, towns and cities within the province;
Centrally-run cities are divided into districts, towns and equivalent
administrative units.
3. District is divided into communes and towns; Provincial towns and cities are
divided into wards and communes; Districts are divided into wards.

The local government level includes the People's Council and the People's Committee
in accordance with the characteristics of rural, urban, island, and special
administrative-economic units prescribed by law.
6.2.5. The Supreme People’s Courts & the Supreme People’s
Procuracy:

Towards organizes by judicial level (Supreme People's Court, High People's Court,
Provincial and District Courts), implementing the Judge appointment regime.

Procuracy exercises prosecutorial power and controls judicial activities

7. The comparison of the stated Human rights, citizens’ rights of both of the
Constitution:
7.1. The 1946 Constitution:

Location: Chapter II.

Had no distinction between human rights and citizen’s rights; Put the obligations of
citizens first; Had not expanded into many areas.

For the first time, the Constitution recognized the equal rights of Vietnamese citizens
in all aspects of politics, economics, and culture.

Women have equal rights with men in all aspects: freedom of speech, freedom of
publication, freedom of organization and assembly, freedom of belief, freedom of
residence. domestic and foreign travel…

People have rights to participate in building the government and carrying out the
affairs of the state,
7.2. The 2013 Constitution:
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Location: Chapter II.

Distinguishes between human rights and citizen’s rights; Puts citizens' rights first,
rights and obligations in all periods are closely related to each other, with inheritance
and development of the following constitution compared to the previous constitution.

Emphasizes in respecting, protecting and ensuring the implementation of human

rights, civil rights, especially economic, cultural and social rights.

For the first time, provisions on restriction of rights appear ( Clause 2, Article 14)

Has an increase of eighteen articles compared to the 1946; Expands to many rights in
a variety of areas: the right to life; the right to donate tissues, bodies, and human
organs; the right not to be deported or handed over to another person; the right to live
in a clean environment,...
8. The comparison of the stated regulations of Economy, social affairs, culture,
education, defense security of both of the Constitution:
8.1. The 1946 Constitution:

Not regulated as a separate chapter.

Recognized a natural, liberal economic regime with a multi-sector economy, ensuring

that citizens' right to private property is guaranteed (Article 12).
8.2. The 2013 Constitution:

Location: Chapter III (Economy, Society, Culture, Education, Science, Technology,

Environment) and Chapter IV (Protection of the Fatherland).

Recognizes a socialist-oriented market economy with many forms of ownership and

many economic sectors in which the state economy plays the leading role while the
private economy is an important driving force.

There are regulations on environmental protection.

9. The comparison of the subjects amending/passing of both of the
Constitution:
9.1. The 1946 Constitution:
9.1.1. Subjects amending the Constitution:
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Requested by 2/3 of the total number of Parliament.
9.1.2. Subjects passing the Constitution:

People approved through the appeal procedure.

9.2. The 2013 Constitution:
9.2.1. Subjects amending the Constitution:

The President, the Standing Committee of the National Assembly, the Government or
at least 1/3 of the total number of National Assembly deputies have the right to
propose making or amending the Constitution.
9.2.2. Subjects passing the Constitution:

Case 1: The National Assembly decides to hold a referendum on the Constitution.

 People have the right to approve.

Case 2: The National Assembly decides not to hold a referendum on the Constitution.

→ The National Assembly is the subject with the right to approve.

GENERAL CONCLUSION:
The National Assembly has promulgated 5 Constitutions - 5 brilliant landmarks
marking the glorious historic periods of the Vietnamese nation in the struggle for
independence, freedom and national reunification as well as in the cause of national
renewal and construction. The 1946 Constitution - the first constitution in the
constitutional history of the Vietnamese State sketched the period of people’s
democratic revolution of resistance war and national construction. Meanwhile, the
2013 Constitution is the Constitution of the period of promoting comprehensive
renovation of the country, building and protecting the Fatherland and international
integration.

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 REFERENCE MATERIALS:
1. Decree No. 14 of September 8, 1945 on the opening of General Elections to
elect the National Assembly issued by the President of the Provisional
Government
https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Sac-lenh-14-mo-cuoc-
tong-tuyen-cu-bau-Quoc-dan-Dai-hoi-35858.aspx
2. The 1946 Constitution of the Democratic Republic of Viet Nam
https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Hien-phap-1946-Viet-
Nam-Dan-Chu-Cong-Hoa-36134.aspx
3. The 2013 Constitution of the Socialist Republic of Viet Nam
https://thuvienphapluat.vn/van-ban/Bo-may-hanh-chinh/Hien-phap-nam-2013-
215627.aspx
4. Vietnamese National Assembly-70 years of constitutional history
https://vietnamlawmagazine.vn/vietnamese-national-assembly-70-years-of-
constitutional-history-5319.html
5. State & Law Institute, Pham Dien, The 1946 Constitution of
Vietnam
https://vietnamlawmagazine.vn/the-1946-constitution-of-vietnam-4443.html

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