Draft Constitution modified significantly

VietNamNet Bridge - Through collecting people’s opinions on the draft amendment to the Constitution 1992, there is the proposal of resuming the country’s name as Democratic Republic of Vietnam.

constitution, draft amendment, opinion, party, law 

The Vietnam Fatherland Front has held many conferences to collect the people's opinions on the draft amendment to the Constitution 1992.

On April 12, the Committee for Amendment to 1992 Constitution submitted to the National Assembly the new draft constitution and the explanatory report on the acceptance of people's opinions. For the contents that have many different opinions, the committee submitted two schemes.

Specifically, the Preamble is expressed in two ways. In particular, one is short, concise, no longer than 180 words, asserting that the constitutional right belongs to the people. Concerning the constitutional rights of the people, the final article, besides the old regulations, has been added with a new option: "The Constitution is adopted if at least two thirds of the total deputies of the National Assembly approve and it must go through a referendum."

Article 1 of the draft, besides the current name of the country - Socialist Republic of Vietnam – there is a new option, which accurately reflects the regime and territorial national sovereignty: "(1) Vietnam is a democratic republic, independent country of sovereignty, unity and territorial integrity, including land, islands, waters and airspace. (2) The name of the country is the Democratic Republic of Vietnam."

This plan represents the opinion of many classes of people, who said that the Democratic Republic of Vietnam is the name associated with the introduction of the first republic in Vietnam, the result of the August Revolution, which was solemnly declared to the people and the world through the Declaration of Independence by President Ho Chi Minh on 2/9/1945. The name was confirmed in the Constitution of 1946, 1959 and it was only changed by the Constitution 1980. Legally, to this moment, the name Democratic Republic of Vietnam has been used more water than the current name.

Related to land acquisition, Article 58 of the draft constitution does not include the regulations on land acquisition for “economic- social development projects.” At the same time, it is added with the regulation "land acquisition and compensation must be publicized, transparent, fair and established by law."

In addition to further clarify the responsibilities of the Party, the people's right to supervise the Party, Clause 1, Article 4 of the new draft has another option, which express more generalized, concentrated on the leadership role of the Party: "The Communist Party of Vietnam is the leading force of the State and society."

Other contents representing the essence, the ideological foundation of the party was fully expressed in the Platform, the Party Charter and other documents and they are not included in the Constitution. The Constitution compiling committee said that this expression will help the new Constitution more stable, more sustainable, not to be modified once every 5-10 years whenever the Party documents are adjusted.

Also related to the issue of the Party in the Constitution, Article 70 on the duty of the Armed Forces has two options. One is unchanged, affirming that the armed force is loyal to, defend the country and people. Another option is added with the Communist Party, but behind the nation and the people.

Chapter II on human rights, basic rights and duties of citizens also acquire opinions of people. Accordingly, Article 15 stipulates that human rights, civil rights can only be "limited to the necessary extent in case of emergency" for reasons of national defense, national security, morals, public health and only "in accordance with the law."

The draft also clarifies the responsibilities of the State and the State’s guarantee to ensure the fundamental rights of the people are realistic and feasible. For example, the right to live (Article 21) is added: "The death penalty, until it is abolished, is only applied to the particularly serious crime by law." The rights of freedom of speech, freedom of the press, access to information, gathering, making associations, demonstration (Article 26) is added: "The order and procedures for implementation of these right are set by law."

In the constitutional provisions on human rights, the principle of the presumption of innocence is shown more clearly in Article 32 of the draft: "The accused is presumed innocent until it is proven under the law procedures and has the sentence of the court that has legal effect."

Article 39 of the draft shows the equality of all people in marriage, regardless of the gender rules: "Everyone who is old enough by law has the right to marry." From here it opens the possibility to consider, acknowledge the basic rights for homosexuals, bisexuals and transgenders.

The Committee for Constitution Amendment will continue to gather people's opinions until the end of September 2013.

Le Nhung
constitution, draft amendment, opinion, party, law