Академический Документы
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CONSTITUTION
Constitution is a supreme codified written legal document in which defines: fundamental political principles; establishes: the structure, procedures, powers and duties of a government; provides and guarantees certain rights to the people
CONSTITUTIONAL LAW
1.Is the most significant branch of Vietnamese legal system. Its also direct source of other branches; 2. Comprises of all legal regulations, starting from highest law (Constitution) to the lower ones relating to its subject matter; 3. Subject matter: basic social relations related to State power such as: political & economic foundations, basic rights and obligations of citizens, State administrative apparatus, and other rights arising from states sovereignty, rights to change and establish foundations of legal system... 4. Supreme legal document - Constitution
Contemporary Constitutions 1. San Marino*, 1600 - remains in force until today. Consists of 62 articles covering wide subjects. 2. North American (Connecticut), 1639, Fundamental Orders. It is considered the first constitution of the region. 3. The United States*, 1789, The US Constitution was influenced by the British constitutional and political systems. 4. France, 1791, Constitution * Nowadays, almost every state in the world have a codified constitution, except for the United Kingdom, Israel and New Zealand.
1. 1946:
September 2nd 1945 President Ho announced Independence Declaration November 9th , 1946 the first constitution was adopted by the National Assembly Includes 7 chapters, 70 articles
Vietnam Constitution 1992 - MAIN CONTENTS Political regime set of basic principles to exercise State power. SOCIALIST REPUBLIC! Economic regime system of economic relations. It expresses nature and form of ownership as to production materials, distribution and consumption of goods and organization of economic management. MARKET ECONOMY with Socialism orientation State, cooperative and private ownership
Policies towards culture, education and science-technology Chapter III (art 30-40)
Relationship between State and citizens are usually expressed in the way how State defines rights and obligations of its Citizens.
EVERYONE IS EQUAL BEFORE LAW!
Political 1. Economic, cultural and social 3. Rights of democracy and personal freedom 4. Obligations of citizens
Respect and protect the properly of the State and the public interest Obey the Constitution and laws pay taxes and perform publicinterest labour days.
Constitutional law Vietnam Constitution 1992 Basic rights and obligations of Citizens:
5.
Some other rights in details: Rights and obligations to protect Motherland Rights of Physical inviolability, residence and privacy protection; Rights to lodge complaints and denunciations with the competent State authorities
Constitutional law Administrative system of Vietnam Legislative Branch National Assembly Is the highest State authority Exercises state activities supervision Has 14 legislative and supervision duties (art 84 of Constitution) Operates in 5-year term, meets twice a year and has its standing committee Appoints President, PMs, chief prosecutor of SP Court, Supreme Peoples Office of Supervision and Control, and 21-member cabinet.
Judicial Branch: Supreme People's Court - highest judicial body. supervises lower-level courts functions under the authority of the NA, judges are appointed by NA for 5-year terms. Local Peoples Courts deal with legal issues (labour and individual disputes) at the district precinct levels. Report to provincial or municipal governments. Military Tribunal - criminal military
* has 11 duties * Comprises of PM, deputy PMs, Ministers (and ministry-level bodie) and other members.
Executive Branch:
President
Executive Branch: Peoples Council* is: - State authorities in respective localities - Elected by local population Peoples Committee is: - Executive agency of the respective PCs - Elected by Peoples Councils - Take decision, give instructions and supervise their implementation