Bringing the constitution to life.

(Baonghean)On the occasion of the National Assembly Standing Committee holding a nationwide online conference to implement the Constitution of the Socialist Republic of Vietnam, a reporter from Nghe An Newspaper interviewed Mr. Pham Van Tan - Provincial Party Committee member, Head of the National Assembly delegation of Nghe An province - on a number of related issues.

Reporter:Sir, could you please share your thoughts on organizing the National Conference on the Implementation of the Constitution of the Socialist Republic of Vietnam?

Mr. Pham Van Tan:Recently, the Central Committee has organized many online conferences. Each conference has a different nature and importance, but I find this conference particularly significant, demonstrating its necessity because it was organized in a timely manner, with essential content of lasting value for the implementation of the Constitution. Participants came from Hanoi and provinces and cities nationwide, including Nghe An province, which was invited on a broader scale; representatives from all levels, sectors, and organizations participated fully, seriously absorbed the information, and showed respect for the Constitution and the responsibility of each department, sector, and organization in carrying out the work as required by the Central Committee. The content conveyed at the conference was very complete, specific, and systematic, clarifying the new and fundamental contents of the Constitution; and focusing on raising awareness of responsibility and methods to bring the Constitution into life as soon as possible. This emphasizes the responsibility of all levels, sectors, political and social organizations, especially their responsibility in disseminating information, organizing study sessions, and guiding organizations, individuals, and all segments of the population in implementing the Constitution, setting an example in complying with the Constitution and laws, so as to bring the Constitution into life in the most effective way possible.

The Provincial Traffic Safety Committee launched a campaign to promote the "Global Action Program to Prevent and Combat Alcohol Abuse". Photo: Tran Hai

Reporter:So, in your opinion, what are the key issues that need to be emphasized in the dissemination and implementation of the Constitution?

Mr. Pham Van Tan:All the contents of the Constitution must be disseminated, understood, and studied. However, fundamental issues and new issues must be given special attention. From many perspectives, the entire content of the Constitution consists of fundamental issues, as it is the basic law with the highest legal authority of the nation. But within the entire content of the Constitution, there are issues that are truly fundamental, such as: the Preamble; the nature and organization of state power; the position and leading role of the Communist Party of Vietnam; the Vietnam Fatherland Front; human rights, fundamental rights and obligations of citizens; the socialist-oriented market economy and economic sectors; land reclamation; the task of national defense; the duties and powers of the National Assembly and the Standing Committee of the National Assembly; the duties and powers of the President; the duties and powers of the Government and the Prime Minister; the People's Courts and the People's Procuracy; local governments; the National Election Council and the State Audit Office.

Secondly, in my opinion, the fundamental contents of the Constitution contain new points, both in terms of legislative technique and the content of the provisions. This Constitution is more concise and brief. While the 1992 Constitution had 12 chapters and 147 articles, this Constitution only has 11 chapters and 120 articles. This is a great effort in legislative technique, aiming for a comprehensive and modern approach, ensuring fundamental and long-term issues for the nation, and it is also a summary and inheritance of previous Constitutions. Some chapters and articles of the Constitution have been restructured, their order changed, and each article and clause contains new points. For example, the chapter on fundamental rights and obligations of citizens in the 1992 Constitution was placed in Chapter V, but in this Constitution it is moved to Chapter II, after the chapter on the political system, a prominent position for a constitutional document.

Along with new developments in legislative techniques, there are also substantive issues. Let me mention a few of the many new issues. Human rights have been added and affirmed. “In the Socialist Republic of Vietnam, human rights and civil rights in political, civil, economic, cultural, and social spheres are recognized, respected, protected, and guaranteed according to the Constitution and laws.” Similarly, the role and nature of state power are expressed more clearly, fully, and profoundly, affirming that the Socialist Republic of Vietnam is an independent, sovereign, unified, and territorially integral country, encompassing the mainland, islands, sea areas, and airspace. The Socialist Republic of Vietnam is a state ruled by the people. The nature of our State is a socialist rule-of-law state of the people, by the people, and for the people; State power is unified, with a division of labor, coordination, and control among state agencies in the exercise of legislative, executive, and judicial powers. The people exercise state power through direct democracy…

The chapter on land expropriation, although specifically regulated in the amended Land Law, contains a crucial detail in this Constitution: during the country's development, land expropriation for socio-economic development projects must be directly linked to the national and public interest. This new point in the Constitution will limit widespread and arbitrary land expropriation that does not serve the common good, or even only serves the interests of certain organizations, businesses, and individuals. The chapter on Local Government replaces the chapter on People's Councils and People's Committees of the previous Constitution. Local government is broadly defined as follows: Local government is organized in the administrative units of the Socialist Republic of Vietnam. Local government levels include People's Councils and People's Committees, organized in accordance with the characteristics of rural areas, urban areas, islands, and special administrative-economic units. The specific organization of People's Councils and People's Committees in each administrative unit will be regulated in the Law on Organization of Local Government, which is expected to be passed by the National Assembly at the end of 2015.

Reporter:Sir, what kind of organization is needed to ensure the new Constitution is implemented effectively and achieves the best results?

Mr. Pham Van Tan:The Constitution is the fundamental law with the highest legal value in our country; it is the product of the intellect, heart, and responsibility of the entire people. Therefore, I believe that ensuring the Constitution is deeply ingrained in every citizen, so that each citizen implements it and the Constitution is protected and thoroughly enforced in life, is a mandatory requirement. That's why, in my opinion, we must first focus on studying, disseminating, and promoting it. For effective study, dissemination, and promotion, we need to choose specific methods and approaches, including the printing of materials, which must be appropriate for each target group, each residential area, and the geographical characteristics of each region. Therefore, each level, sector, organization, agency, unit, and association needs to have a detailed plan, corresponding to each level, sector, organization, unit, and its members, in the process of carrying out the political tasks stipulated by the Constitution and laws. Along with this, each locality and unit must focus on developing regulations and rules to ensure democratic practices so that people can implement the Constitution and fully exercise their human rights and the rights and obligations of citizens as stipulated by the Constitution. The Constitution is comprehensive and systematic; everyone, every sector, and every level must implement it. But the most important and direct thing is that each member of organizations must strictly implement the regulations and tasks of their organization, which also contributes to the implementation of the Constitution.

Secondly, dissemination and promotion are crucial and initial steps in the implementation of the Constitution. Therefore, based on the results and experience of the public consultation on the draft amendments to the Constitution conducted in 2013, the dissemination and promotion of the Constitution's implementation should be organized scientifically, practically, and systematically through various media and communication channels so that every citizen has the opportunity to access it directly, regularly, and promptly, along with the dissemination and promotion by state agencies and mass organizations. Ultimately, under any circumstances, when citizens have an attitude and responsibility to uphold the rule of law, they will proactively and consciously seek to understand and access legal documents and the Constitution to acquire sufficient knowledge and information about the law and the Constitution. This is one of the indispensable conditions in the process of bringing the Constitution and laws into people's lives; it is also the basis for ensuring the legitimate rights and interests of citizens and for citizens to fulfill their obligations to the nation and country by living and working in accordance with the Constitution and laws.

Reporter:Thank you very much, sir!

Mai Hoa(Perform)