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vietnamHome > Lawyers > Vietnam > Constitution> fundamental rights and duties of the citizen
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Fundamental Rights and Duties of the Citizen

Chapter V FUNDAMENTAL RIGHTS AND DUTIES OF THE CITIZEN

ARTICLE 49:
A citizen of the Socialist Republic of Vietnam is a person with Vietnamese nationality.

ARTICLE 50:
In the Socialist Republic of Vietnam human rights in the political, civic, economic, cultural and social fields are respected. They are embodied in the citizen's rights and are determined by the constitution and the law.

ARTICLE 51:
The citizen's rights are inseparable from his duties. The State guarantees the rights of citizen; the citizen must fulfil his duties to the State and society.

The citizen's and duties are determined by the Constitution and the law.

ARTICLE 52:
All citizens are equal before the law.

ARTICLE 53:
The citizen has right to participate in the administration of the State and management of society, the discussion of problems of the country and the region; he can send petitions to State organs and vote in referendums organized by the State.

ARTICLE 54:
The citizen, regardless of nationality, sex, social background, religious belief, cultural standard, occupation, time of residence, 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 in accordance with the provisions of the law.

ARTICLE 55:
The citizen has both the right and duty to work.
The State and society shall work out plans to create ever more employment for the working people.

ARTICLE 56:
The State shall enact policies and establish regimes for the protection of labour.

The State shall establish working times, wage scales, regimes of rest and social insurance for State employees and wage-earners; it shall encourage and promote other forms of social insurance for the benefit of the working people.

ARTICLE 57:
The citizen enjoys freedom of enterprise as determined by law.

ARTICLE 58:
The citizen enjoys the right of ownership with regard to his lawful income, savings, housing, chattel, means of production, funds and other possessions in enterprises or other economic organizations; with regard to land entrusted by the State for use, the matter is regulated by the provisions of Articles 17 and 18.

The Sate protects the citizen's right of lawful ownership and right of inheritance.

ARTICLE 59:
The citizen has both the right and the duty to receive training and instruction.
Primary education is compulsory and dispensed free of charge.
The citizen has the right to get general education and vocational training in various ways.
With regard to school students with special aptitudes the State and society shall create conditions for them to blossom out.
The State shall enact policies regarding tuition fees and scholarship.
The State and society shall create the necessary conditions for handicapped children to acquire general knowledge and appropriate job training.

ARTICLE 60:
The citizen has right to carry out scientific and technical research, make inventions and discovers, initiate technical innovations, rationalize production, engage in literary and artistic creation and criticism, and participate in other cultural activities. The State protects copyright and industrial proprietorship.

ARTICLE 61:
The citizen is entitled to a regime of health protection.
The State shall establish a system of hospital fees, together with one of exemption from and reduction of such fees.
The citizen has the duty to observe all regulations on disease prevention and public hygiene.
It is strictly forbidden to produce, transport, deal in, store and use unlawfully opium and other narcotise. The State shall enact regulations on compulsory treatment of drug addiction and treatment of dangerous social discuses.

ARTICLE 62:
The citizen has right to build dwelling-houses according to zoning regulations and the law. The rights of lessees and lessors are protected by the law.

ARTICLE 63:
Male and female citizens have equal rights in all fields - political, economic, cultural, social, and family.
All acts of discrimination against women and all acts damaging women's dignity are strictly banned.
Men and women shall receive equal pay for equal work. Women workers shall enjoy a regime related to maternity. Women who are State employees and wage-earners shall enjoy paid prenatal and post-natal leaves during which they shall receive all their wages and allowances as determined by law.
The State and society shall create all necessary conditions for women to raise their qualifications in all fields and fully play their roles in society; they shall see to the development of maternity homes, paediatric departments, creches and other social-welfare units so as to lighten house work and allow women to engage more actively in work and study, undergo medical treatment, enjoy periods of rest and fulfil their maternal duties.

ARTICLE 64:
The family is the cell of society.
The State protects marriage and the family.
Marriage shall conform to the principles of free consent, progressive union, monogamy and equality between husband and wife.
Parents have the responsibility to bring up their children into good citizens. Children and grandchildren have the duty to show respect to and look after their parents and grandparents.
The State and society shall recognize no discrimination among children.

ARTICLE 65:
Children enjoy protection, care and education by the family, the State and society.

ARTICLE 66:
The family, the State and society shall create favourable conditions for young people to study, work, relax, develop bodies and minds, and shall educate them in morality, national traditions, civic consciousness and the socialist ideal, for them to be in the van of creative labour and national defence.

ARTICLE 67:
War invalids, sick soldiers, and the families of fallen soldiers and revolutionary martyrs shall enjoy preferential treatment in State policies. Was invalids shall enjoy favourable conditions for their physical rehabilitation, shall be given employment suites to their state of health and assistance in securing stable living conditions.
Individuals and families credited with meritorious service to the country shall be given commendation and reward and shall be looked after.
Old people, infirm people and orphans without support shall receive State assistance.

ARTICLE 68:
The citizen shall enjoy freedom of movement and of residence within the country; he can freely travel abroad and return home from abroad in accordance with the provisions of the law.

ARTICLE 69:
The citizen shall enjoy freedom of opinion and speech, freedom of the press, the right to be informed, and the right to assemble, form associations and hold demonstrations in accordance with the provisions of the law.

ARTICLE 70:
The citizen shall enjoy freedom of belief and of religion; he can follow any religion or follow none. All religions are equal before the law.
The places of worship of all faiths and religions are protected by the law.
No one can violate freedom of belief and of religion; no one can misuse belief and religions to contravence the law and the State policies.

ARTICLE 71:
The citizen shall enjoy inviolability of the person and the protection of the law with regard to his life, health, honor and dignity.
No one can be arrested in the absence of a ruling by the People 's Court, a ruling or sanction of the People's Office of Supervision and Control, except in case of flagrant offenses. Taking a person into, or holding him in, custody must be done with full observance of the law.

ARTICLE 72:
No one shall be regarded as guilty and be subjected to punishment before the sentence of the Court has acquired full legal effect.
Any person who has been arrested, held in custody, prosecuted, brought to trial 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 another person thereby causing him damage shall be dealt with severely.

ARTICLE 73:
The citizen is entitled to the inviolability of his domicile.
No one can enter the domicile of another person without his consent, expect in cases authorized by the law.
Safety and secrecy are guaranteed to the citizen's correspondence, telephone conversations and telegrams.
Domociliary searches and the opening, control, and confiscation of a citizen's correspondence and telegrams can only be done by a competent authority in accordance with the provisions of the law.

ARTICLE 74:
The citizen has the right to lodge complaints and denunciations with the competent State authorities against the illegal doings of State organs, economic bodies, social organizations, units of the people's armed forces, or of any individual.
The complaints and denunciations must be examined and settled by the State authorities within the time laid down by the law. 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 harm suffered and his reputation rehabilitated.
It is strictly forbidden to take vengeance on the person making complaints and denunciations, or to misuse the right to make complaints and denunciation with the aim at slandering and causing harm to another person.

ARTICLE 75:
The State shall protect the legitimate interests of Vietnamese people residing abroad.
The State shall create the necessary conditions for Vietnamese residing abroad to maintain close ties with their families and native land and to contribute to national construction.

ARTICLE 76:
The citizen must show loyalty to his motherland.
To betray one's motherland is the most serious crime.

ARTICLE 77:
It is the sacred duty and the noble right of the citizen to defend his motherland.
The citizen must fulfil his military obligation and join in the all people national defence.

ARTICLE 78:
The citizen has the duty to respect and protect the property of the State and the public interest.

ARTICLE 79:
The citizen has the duty to obey the Constitution and the law, join in the safeguarding of national security and social order and the preserving of national secrets, and abide by the regulations of public life.

ARTICLE 80:
The citizen has duty to pay taxes and perform public interest labour according to the provisions of the law.

ARTICLE 81:
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 82:
The Socialist Republic of Vietnam shall consider granting asylum to foreigners struggling for freedom, national independence, socialism, democracy and peace, or are harmed because of their scientific work.
 
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