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Constitution of the Socialist Republic of Vietnam, Viet Nam

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Details Details Year of Version 2001 Dates Amended: December 25, 2001 Entry into force: January 1, 1995 Adopted: April 15, 1992 Type of Text Framework Laws 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 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.

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.'

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Main text(s) Main text(s) English Constitution of the Socialist Republic of Vietnam       French Constitution de la République Socialiste du Vietnam      

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WIPO Lex No. VN024