Difference between revisions of "Constitution of the Socialist Republic of Vietnam"

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The President has the following duties and powers:
 
The President has the following duties and powers:
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1. To promulgate the Constitution, law and ordinances.
 
1. To promulgate the Constitution, law and ordinances.
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2. To assume command of the People's armed forces and the position of Chairman of the Council for National Defence and Security.
 
2. To assume command of the People's armed forces and the position of Chairman of the Council for National Defence and Security.
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3. To recommend to the National Assembly the election, removal or dismissal of the Vice President, the Prime Minister, Chief Justice of the Supreme People's Court, and Chief Prosecutor of the People's Inspectorate General.
 
3. To recommend to the National Assembly the election, removal or dismissal of the Vice President, the Prime Minister, Chief Justice of the Supreme People's Court, and Chief Prosecutor of the People's Inspectorate General.
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4. To appoint, remove and dismiss Deputy Prime Ministers, Ministers and other members of the Government on the basic of resolutions of the National Assembly.
 
4. To appoint, remove and dismiss Deputy Prime Ministers, Ministers and other members of the Government on the basic of resolutions of the National Assembly.
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5. To proclaim decisions on declaration of the state of war, to sign decrees granting general amnesties on the basis of resolution of the National Assembly or of the Standing Committee of the National Assembly.
 
5. To proclaim decisions on declaration of the state of war, to sign decrees granting general amnesties on the basis of resolution of the National Assembly or of the Standing Committee of the National Assembly.
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6. Following resolutions of the National Assembly's Standing Committee, to proclaim decisions on general or local mobilisation; to declare a state of emergency; in the case where the National Assembly's Standing Committee fails to convene, to proclaim a state of emergency in the whole country or in localities.
 
6. Following resolutions of the National Assembly's Standing Committee, to proclaim decisions on general or local mobilisation; to declare a state of emergency; in the case where the National Assembly's Standing Committee fails to convene, to proclaim a state of emergency in the whole country or in localities.
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7. To recommend to the Standing Committee of the National Assembly to review ordinances within 10 days of their approval; if these ordinances or resolutions are still approved by the National Assembly's Standing Committee but the President does not concur, they can be submitted by the President to the National Assembly for decision at the earliest session.
 
7. To recommend to the Standing Committee of the National Assembly to review ordinances within 10 days of their approval; if these ordinances or resolutions are still approved by the National Assembly's Standing Committee but the President does not concur, they can be submitted by the President to the National Assembly for decision at the earliest session.
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8. To appoint, remove and dismiss the Deputy Chief Justice, Judges of the Supreme People's Court, the Deputy Chief Prosecutor and members of the People's Inspectorate General.
 
8. To appoint, remove and dismiss the Deputy Chief Justice, Judges of the Supreme People's Court, the Deputy Chief Prosecutor and members of the People's Inspectorate General.
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9. To decide on granting of senior officers' ranks and titles in the armed forces, ambassadorial titles and ranks, and State titles and ranks in other fields, and to decide on conferral of State awards, orders, medals and other honorific State titles.
 
9. To decide on granting of senior officers' ranks and titles in the armed forces, ambassadorial titles and ranks, and State titles and ranks in other fields, and to decide on conferral of State awards, orders, medals and other honorific State titles.
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10. To appoint or recall extraordinary and plenipotentiary diplomatic representatives of the Socialist Republic of Vietnam, to receive foreign extraordinary and plenipotentiary diplomatic representatives; to conduct on behalf of the State of the Socialist Republic of Vietnam negotiations and sign international treaties with foreign Heads of State; to submit international treaties directly signed to the National Assembly for ratification; and to decide on ratification of, or accession to international treaties, except where they must be submitted to the National Assembly for determination.
 
10. To appoint or recall extraordinary and plenipotentiary diplomatic representatives of the Socialist Republic of Vietnam, to receive foreign extraordinary and plenipotentiary diplomatic representatives; to conduct on behalf of the State of the Socialist Republic of Vietnam negotiations and sign international treaties with foreign Heads of State; to submit international treaties directly signed to the National Assembly for ratification; and to decide on ratification of, or accession to international treaties, except where they must be submitted to the National Assembly for determination.
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11. To decide on the granting, withdrawal or deprivation of Vietnamese citizenship. 12. To sign decrees granting special amnesties.
 
11. To decide on the granting, withdrawal or deprivation of Vietnamese citizenship. 12. To sign decrees granting special amnesties.
Article 104
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'''Article 104'''
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The Council for National Defence and Security consists of a Chairman, Vice Chairmen and other members.
 
The Council for National Defence and Security consists of a Chairman, Vice Chairmen and other members.
 
The President of the State recommends a list of members of the Council for National Defence and Security to the National Assembly for ratification. Members of the Council need not necessarily be representatives to the National Assembly.
 
The President of the State recommends a list of members of the Council for National Defence and Security to the National Assembly for ratification. Members of the Council need not necessarily be representatives to the National Assembly.
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In the cases of war, the National Assembly may assign the Council for National Defence and Security special tasks and powers.
 
In the cases of war, the National Assembly may assign the Council for National Defence and Security special tasks and powers.
 
The Council for Defence and Security works on a collective basis and adopts decisions by majority.
 
The Council for Defence and Security works on a collective basis and adopts decisions by majority.
Article 105
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The President has the right to attend meetings of the National Assembly's Standing Committee.
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'''Article 105'''
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The President has the right to attend meetings of the National Assembly's Standing Committee.
 
When considered necessary, the President has the right to attend Government meetings.
 
When considered necessary, the President has the right to attend Government meetings.
Article 106
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 +
'''Article 106'''
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The President issues orders and decisions to ensure the discharge of his duties and powers.
 
The President issues orders and decisions to ensure the discharge of his duties and powers.
Article 107
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'''Article 107'''
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The Vice President of the State is elected from among National Assembly representatives.
 
The Vice President of the State is elected from among National Assembly representatives.
 
The Vice President helps the President in the discharge of the latter's duties, and can be empowered by the latter to replace him in the discharge of some of his duties.
 
The Vice President helps the President in the discharge of the latter's duties, and can be empowered by the latter to replace him in the discharge of some of his duties.
Article 108
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 +
'''Article 108'''
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The Vice President shall serve as acting President when the President cannot discharge his duties for a long period of time.
 
The Vice President shall serve as acting President when the President cannot discharge his duties for a long period of time.
 
In case of vacancy of the Post of President the Vice President shall serve as acting President until the National Assembly elects a new President.
 
In case of vacancy of the Post of President the Vice President shall serve as acting President until the National Assembly elects a new President.
CHAPTER VIII
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THE GOVERNMENT
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== CHAPTER VIII ==
Article 109
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===THE GOVERNMENT===
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'''Article 109'''
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The Government is the executive body of the National Assembly and the highest administrative State body of the Socialist Republic of Vietnam.
 
The Government is the executive body of the National Assembly and the highest administrative State body of the Socialist Republic of Vietnam.
 
The Government assumes the unified administration of the implementation of all political, economic, cultural, social, national defence, security and external activities of the State; ensures the effectiveness of the State apparatus from the centre down to the grass-roots level; ensures respect for and observance of the Constitution and the law; promotes the people's rights as masters in national construction and defense, ensures the stabilisation and improvement of the material and cultural life of the people.
 
The Government assumes the unified administration of the implementation of all political, economic, cultural, social, national defence, security and external activities of the State; ensures the effectiveness of the State apparatus from the centre down to the grass-roots level; ensures respect for and observance of the Constitution and the law; promotes the people's rights as masters in national construction and defense, ensures the stabilisation and improvement of the material and cultural life of the people.
 
The Government is responsible and accountable to the National Assembly, the Standing Committee of the National Assembly and the President of State.
 
The Government is responsible and accountable to the National Assembly, the Standing Committee of the National Assembly and the President of State.
Article 110
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 +
'''Article 110'''
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The Government consists of the Prime Minister, Deputy Prime Ministers, Ministers and other members. Apart from the Prime Minister, other members of the Government need not necessarily be representatives to the National Assembly.
 
The Government consists of the Prime Minister, Deputy Prime Ministers, Ministers and other members. Apart from the Prime Minister, other members of the Government need not necessarily be representatives to the National Assembly.
 
The Prime Minister of the Government is responsible and accountable to the National Assembly, the National Assembly's Standing Committee, and the President of the State.
 
The Prime Minister of the Government is responsible and accountable to the National Assembly, the National Assembly's Standing Committee, and the President of the State.
 
The Deputy Prime Ministers help the Prime Minister in the discharge of his duties. A Deputy Prime Minister will be empowered by the Prime Minister to replace him in his absence in directing the work of the Government.
 
The Deputy Prime Ministers help the Prime Minister in the discharge of his duties. A Deputy Prime Minister will be empowered by the Prime Minister to replace him in his absence in directing the work of the Government.
Article 111
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'''Article 111'''
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The Chairman of the Central Committee of the Vietnam Fatherland Front, the Chairman of the Vietnam Confederation of Trade Unions and the heads of popular organisations may be invited to attend Government meetings when matters of relevance to the former are discussed.
 
The Chairman of the Central Committee of the Vietnam Fatherland Front, the Chairman of the Vietnam Confederation of Trade Unions and the heads of popular organisations may be invited to attend Government meetings when matters of relevance to the former are discussed.
Article 112
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'''Article 112'''
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The Government has the following duties and powers:
 
The Government has the following duties and powers:
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1. To lead the work of ministries, organs at the Ministerial level and bodies under the Government's authority, of People's committees at all levels; build and perfect the unified administrative State apparatus from the centre to the grassroots level; direct and control the implementation by People's Councils of the texts of higher state organs; create favourable conditions for People's Councils to discharge their duties and exercise their powers as defined by law; train, foster, deploy and employ the body of State officials and employees.
 
1. To lead the work of ministries, organs at the Ministerial level and bodies under the Government's authority, of People's committees at all levels; build and perfect the unified administrative State apparatus from the centre to the grassroots level; direct and control the implementation by People's Councils of the texts of higher state organs; create favourable conditions for People's Councils to discharge their duties and exercise their powers as defined by law; train, foster, deploy and employ the body of State officials and employees.
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2. To ensure the implementation of the Constitution and the laws by State offices, economic, social organisations, armed forces units and citizens; organise and direct the dissemination of information and education on the Constitution and the law among the people.
 
2. To ensure the implementation of the Constitution and the laws by State offices, economic, social organisations, armed forces units and citizens; organise and direct the dissemination of information and education on the Constitution and the law among the people.
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3. To submit draft laws, statutes and other bills to the National Assembly and the National Assembly's Standing Committee.
 
3. To submit draft laws, statutes and other bills to the National Assembly and the National Assembly's Standing Committee.
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4. To undertake unified management of the building up and development of the national economy implement the national financial and monetary policies; to ensure the management and effective utilisation of property of the entire people; develop culture, education, health care, science and technology; implement the plan and the State budget.
 
4. To undertake unified management of the building up and development of the national economy implement the national financial and monetary policies; to ensure the management and effective utilisation of property of the entire people; develop culture, education, health care, science and technology; implement the plan and the State budget.
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5. To take measures to protect the legitimate rights and interests of citizens and create conditions for them to exercise their rights and fulfil their obligations, take measures to protect property and the interests of the State and society, to protect the environment.
 
5. To take measures to protect the legitimate rights and interests of citizens and create conditions for them to exercise their rights and fulfil their obligations, take measures to protect property and the interests of the State and society, to protect the environment.
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6. To consolidate and strengthen the national defence of the entire people, ensure national security social order and safety; build the people's armed forces, enforce mobilisation, the state of emergency and other necessary measures of defend the homeland.
 
6. To consolidate and strengthen the national defence of the entire people, ensure national security social order and safety; build the people's armed forces, enforce mobilisation, the state of emergency and other necessary measures of defend the homeland.
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7. To organise and administer the compilation of national inventories and statistics; the inspection and control work of the State; to fight against bureaucracy and corruption within the State apparatus; to address citizens complaints and denunciations.
 
7. To organise and administer the compilation of national inventories and statistics; the inspection and control work of the State; to fight against bureaucracy and corruption within the State apparatus; to address citizens complaints and denunciations.
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8. To undertake unified management of the foreign affair of the State; on behalf of the Socialist Republic of Vietnam to negotiate and sign international treaties except as provided in Clause 10 of Article 103; on behalf of the Government to negotiate, sign, accede to and approve international treaties; direct the implementation of international treaties which the Socialist Republic of Vietnam has signed of acceded to; to protect the interests of the State and the legitimate interests of Vietnamese organisations and citizens abroad.
 
8. To undertake unified management of the foreign affair of the State; on behalf of the Socialist Republic of Vietnam to negotiate and sign international treaties except as provided in Clause 10 of Article 103; on behalf of the Government to negotiate, sign, accede to and approve international treaties; direct the implementation of international treaties which the Socialist Republic of Vietnam has signed of acceded to; to protect the interests of the State and the legitimate interests of Vietnamese organisations and citizens abroad.
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9. To carry out social, ethnic and religious policies.
 
9. To carry out social, ethnic and religious policies.
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10. To decide the modification of the boundaries of administrative units below the level of provinces and cities directly under the central authority.
 
10. To decide the modification of the boundaries of administrative units below the level of provinces and cities directly under the central authority.
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11. To coordinate with the Vietnam Fatherland Front and popular organisations in the discharge of its own duties and powers; create favourable conditions for those organisations to function effectively.
 
11. To coordinate with the Vietnam Fatherland Front and popular organisations in the discharge of its own duties and powers; create favourable conditions for those organisations to function effectively.
Article 113
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'''Article 113'''
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The term of the Government is co-extensive with that of each legislature of the National Assembly. When the term of a given legislature of the National Assembly expires, the Government will continue to perform its duties until the new legislature forms a new Government.
 
The term of the Government is co-extensive with that of each legislature of the National Assembly. When the term of a given legislature of the National Assembly expires, the Government will continue to perform its duties until the new legislature forms a new Government.
Article 114
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'''Article 114'''
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The Prime Minister of the Government has the following duties and powers:
 
The Prime Minister of the Government has the following duties and powers:
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1. To direct the work of the Government, members of the Government, People's committees at all levels, and to preside over all meetings of the Government.
 
1. To direct the work of the Government, members of the Government, People's committees at all levels, and to preside over all meetings of the Government.
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2. To make recommendations to the National Assembly on the establishment or abolition of Ministries and agencies at ministerial level; to submit proposals on the nomination, removal or dismissal of Deputy Prime Ministers, Ministers and other members of the Government to the National Assembly.
 
2. To make recommendations to the National Assembly on the establishment or abolition of Ministries and agencies at ministerial level; to submit proposals on the nomination, removal or dismissal of Deputy Prime Ministers, Ministers and other members of the Government to the National Assembly.
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3. To appoint, remove or dismiss vice Ministers and equivalent position-holders; to ratify the elections; to remove, transfer or dismiss the Chairman, Vice Chairmen of the People's committees of provinces and cities directly under the central authority.
 
3. To appoint, remove or dismiss vice Ministers and equivalent position-holders; to ratify the elections; to remove, transfer or dismiss the Chairman, Vice Chairmen of the People's committees of provinces and cities directly under the central authority.
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4. To suspend the implementation of or to abrogate decisions, instructions, circulars of Ministers and other members of the Government; decisions, instructions of people's committees and chairmen of people's committee of provinces and cities directly under central authority that contravene the Constitution, laws and texts of the State agencies at higher levels.
 
4. To suspend the implementation of or to abrogate decisions, instructions, circulars of Ministers and other members of the Government; decisions, instructions of people's committees and chairmen of people's committee of provinces and cities directly under central authority that contravene the Constitution, laws and texts of the State agencies at higher levels.
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5. To suspend the implementation of resolutions of people's councils of provinces and cities directly under the central authority that contravene the Constitution, laws and texts of the State agencies at higher levels and make recommendations for abrogation of the former by the Standing Committee of the National Assembly;
 
5. To suspend the implementation of resolutions of people's councils of provinces and cities directly under the central authority that contravene the Constitution, laws and texts of the State agencies at higher levels and make recommendations for abrogation of the former by the Standing Committee of the National Assembly;
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6. To report to the people through the mass media on important issues that the Government has to address.
 
6. To report to the people through the mass media on important issues that the Government has to address.
Article 115
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'''Article 115'''
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On the basic of the Constitution, laws and resolutions of the National Assembly; decrees and resolutions on the Standing Committee of the National Assembly; decrees and decisions of the President of the State, the Government issues resolutions, decisions, and the Prime Minister issues decisions and instructions, and controls the implementation of these texts.
 
On the basic of the Constitution, laws and resolutions of the National Assembly; decrees and resolutions on the Standing Committee of the National Assembly; decrees and decisions of the President of the State, the Government issues resolutions, decisions, and the Prime Minister issues decisions and instructions, and controls the implementation of these texts.
 
Important issues falling within the competence of the Government must be discussed collectively and decisions thereon adopted by majority.
 
Important issues falling within the competence of the Government must be discussed collectively and decisions thereon adopted by majority.
Article 116
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'''Article 116'''
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Ministers and other members of the Government are responsible for State management within the spheres and branches under their nation-wide authority, ensure the right to autonomy of establishments in their business and production activities as provided by the law.
 
Ministers and other members of the Government are responsible for State management within the spheres and branches under their nation-wide authority, ensure the right to autonomy of establishments in their business and production activities as provided by the law.
 
On the basis of the Constitution, laws and resolutions of the National Assembly, decrees and resolutions of the Standing Committee of the National Assembly, decrees and decisions of the President of the State and texts of the Government and the Prime Minister, Ministers and other members of the Government shall issue decisions, instructions, circulars and control the implementation of those texts by all branches, localities and establishments.
 
On the basis of the Constitution, laws and resolutions of the National Assembly, decrees and resolutions of the Standing Committee of the National Assembly, decrees and decisions of the President of the State and texts of the Government and the Prime Minister, Ministers and other members of the Government shall issue decisions, instructions, circulars and control the implementation of those texts by all branches, localities and establishments.
Article 117
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'''Article 117'''
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Ministers and other members of the Government are responsible to the Prime Minister of the Government and to the National Assembly for the spheres and branches under their authority.
 
Ministers and other members of the Government are responsible to the Prime Minister of the Government and to the National Assembly for the spheres and branches under their authority.
CHAPTER IX
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PEOPLE'S COUNCILS AND PEOPLE'S COMMITTEES Article 118
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== CHAPTER IX ==
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===PEOPLE'S COUNCILS AND PEOPLE'S COMMITTEES===
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'''Article 118'''
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The administrative units of the Socialist Republic of Vietnam are delimited as follows: The country is divided into provinces and cities directly under the central authority.
 
The administrative units of the Socialist Republic of Vietnam are delimited as follows: The country is divided into provinces and cities directly under the central authority.
 
Provinces are divided into districts, provincial cities and municipalities, cities directly under the central authority are divided into precincts or districts and municipalities.
 
Provinces are divided into districts, provincial cities and municipalities, cities directly under the central authority are divided into precincts or districts and municipalities.

Revision as of 14:49, 2 July 2010