Some things need to be shown.
(Baonghean) Among the draft Constitutional provisions presented for public consultation on amending the 1992 Constitution, we have observed that compared to the 1992 Constitution, the section on human rights and fundamental rights and obligations of citizens has undergone several important amendments and additions.
(Baonghean) Among the draft Constitutional provisions presented for public consultation on amending the 1992 Constitution, we have observed that compared to the 1992 Constitution, the section on human rights and fundamental rights and obligations of citizens has undergone several important amendments and additions.
Overall, the draft amendments to this section of the Constitution are more rigorous, with each individual provision in a law separated into more complete clauses. Furthermore, the draft removes some lengthy or unnecessarily detailed wording from the 1992 Constitution, such as Article 61 on the right to health protection, Article 63 on gender equality, and Article 67 on preferential policies for war invalids, sick soldiers, and families of martyrs. However, we would like to offer the following suggestions to ensure the provisions are more rigorous, logical, and clear:
Firstly, Clause 1, Article 15 of the draft should be amended to state: In the Socialist Republic of Vietnam, human rights and civil rights are recognized, respected, and protected by the State and society, and their implementation is guaranteed by the instruments and institutions as prescribed by the Constitution and laws.
Secondly, in Article 20 of the draft, Clause 2, which stipulates "the rights and obligations of citizens as prescribed by the Constitution and laws," should be moved to Clause 1, and Clause 1, which stipulates "citizens' rights are inseparable from citizens' obligations," should be moved to Clause 2, followed by Clause 3, which states "citizens have the responsibility to fulfill their obligations to the State and society." At the same time, consider adding the provision "citizens are allowed to do anything that is not prohibited by law" to compel relevant agencies to expedite the completion of legal regulations on management.
Thirdly, we fully agree with the supplementary and amended provisions of the draft, which introduce a broader and more inclusive concept of "everyone" instead of the previous concept of "citizen" as the beneficiaries of rights for the people. Specifically, the provisions include: everyone is equal before the law (Article 17); the right to inviolability of domicile (Article 37), of the body and private life, and personal secrets (Article 22); the right to freedom of religion (Article 22); the right to complain and denounce (Article 31); the right to scientific and technological research, literary and artistic creation (Article 43); the right to enjoy and access cultural values (Article 44); the right to live in a healthy environment (Article 46); the right to ownership of legitimate income; and the right to private ownership (Article 33)...
Finally, regarding the social security regulations in Article 35 of the draft: In our opinion, this regulation is concise, but it should be supplemented to be more comprehensive, covering the large and rather sensitive group of social policy beneficiaries in our country: "Citizens who meet the conditions stipulated by law are entitled to and guaranteed social security benefits." This regulation institutionalizes the reality and policy of our State, which is socialization. Currently, the enjoyment and guarantee of social security benefits are not only provided by the State but also by organizations, individuals, and charitable funds.
Nguyen Hai


