World Intellectual Property Organization

Viet Nam

Constitution of the Socialist Republic of Vietnam of 1992

Shortcuts

Viet Nam

Year of current version:2001
Date of entry into force of original text:January 1, 1995
Date of Text (Adopted):April 15, 1992
Type of Text:Constitution / Basic Law
Subject Matter:Other
Notes:
Vietnam has had four Constitutions since the country became independent on September 2, 1945: the first was promulgated in 1946, the second in 1959, the third in 1980, and the fourth in 1992. The latest amendment of the 1992 Constitution was made by the National Assembly on December 25, 2001.

The 1992 Constitution of the Socialist Republic of Vietnam, the fundamental law of the State, establishes Vietnam's economic and political systems and especially reaffirms the political change of 'Doi Moi' (national renewal) initiated by the Communist Party at its 6th Congress in 1986. It sets out the fundamental rights and duties of the Vietnamese citizens, speaks of the principle of separation of powers and the structure of the State, and institutionalizes the relationship between the party as leader, the people as master and the State as administrator.

The Constitution contains the provisions that specify the intellectual property rights. The first paragraph of the Preamble states that the Vietnamese people's spirit of creativity and the preservation of cultural heritage are the essential elements that contribute to the country's strength through the millennia of their history.

The traditional knowledge and traditional cultural expressions of Vietnam are guaranteed in the Constitution: the right to use their own language and writing, to preserve their ethnic identity and to nurture their fine customs, traditions and cultures (Chapter I, Article 5), the duty to preserve and develop the values of the multi-ethnic Vietnamese civilization and to foster the creative talents of the people (Chapter III, Article 30), the duty to preserve and develop the national cultural heritage, historical or revolutionary monuments, cultural relics, works of art and beauty-spots (Chapter III, Article 31)

Furthermore, Chapter III consists of many provisions that delineate the protection and promotion of all forms of copyright and related rights and technology that are subject to patent rights. Article 32 defines the State's investments in the promotion of culture, literature, and the arts; it guarantees every citizen the right to participate in cultural life, as well as the right to enjoy literary and artistic works and to be given opportunities to develop his artistic, intellectual and creative talents. Articles 38 & 43 spell out the State's investments in science and technology and the encouragement of international cooperation in the fields of culture, information, literature, the arts, science, technology etc., Also, rights relating to broadcasting and communication to the public are stipulated in Article 33.

The Constitution also guarantees the State's protection of copyright and especially the industrial property rights in Chapter V, Article 60, which reads: 'Citizens have the right to undertake scientific and technical research and discovery, invention, innovations, technical improvements, rationalization of production, and to engage in literary, artistic creation and criticism and other cultural activities. Copyright and the right to industrial ownership are protected by the State.'
Available Texts: 
English

Constitution of the Socialist Republic of Vietnam of 1992 Constitution of the Socialist Republic of Vietnam of 1992, Complete document (pdf) [156 KB] Constitution of the Socialist Republic of Vietnam of 1992, Complete document (htm) [150 KB] (Version with Automatic Translation Tool)

French

Constitution de la République Socialiste du Viêt-Nam de 1992 Constitution de la République Socialiste du Viêt-Nam de 1992, Complete document (pdf) [230 KB]

WIPO Lex No.:VN024

Explore WIPO