Contitutional protection mechanism in Vietnam at present

Abstract

The paper analyses the theoretical issues and the legal provisions on the constitutional protection mechanism in Vietnam based on the two categories, namely, the subject and the procedure. It compares the law in this regard of Vietnam with that of some other countries. The paper then offers proposals to improve the mechanism for protection of the Constitution in Vietnam at present consistently with the following direction: promulgating a separate Law on protection of the Constitution in which the role of the Standing Committee of the National Assembly in interpreting the Constitution is clearly defined and the only body vested with the powers to protect the Constitution is prescribed; and establishing  a Constitutional Protection Council, following the model of the Republic of France.