The Vietnam Fatherland Front contributes opinions on the draft amendment to the Constitution.

On February 19th, a conference was held in Hanoi to gather opinions from members of the Standing Committee and the Presidium of the Central Committee of the Vietnam Fatherland Front from various periods, as well as the Chairmen of the Advisory Councils of the Central Committee of the Vietnam Fatherland Front, on the draft amendments to the 1992 Constitution.

Mr. Huynh Dam, Chairman of the Central Committee of the Vietnam Fatherland Front; Mr. Vu Trong Kim, Vice Chairman and General Secretary of the Central Committee of the Vietnam Fatherland Front; and Mr. Nguyen Van Pha, Vice Chairman of the Central Committee of the Vietnam Fatherland Front, presided over the conference.

Contributing their opinions to the Draft Amendment to the 1992 Constitution, the delegates agreed that after 20 years of implementing the 1992 Constitution with its great achievements of historical significance, it is now necessary to continue amending the Constitution to suit the new situation of the country in the context of profound changes in the international environment.

Many opinions highly appreciated the contents of the Draft Amendment to the Constitution, while also offering frank, heartfelt, and responsible suggestions on issues that need further clarification, fullness, and depth.

Of particular note were issues concerning human rights and civil rights; the role and position of the Vietnam Fatherland Front; the Communist Party of Vietnam; the Constitutional Council; and the issue of national defense and upholding Ho Chi Minh's ideology... The role and position of the Fatherland Front, along with the exercise of social supervision and criticism, was one of the issues that many delegates paid attention to and offered opinions on. According to Associate Professor, Dr. Pham Xuan Hang, former Chairman of the Hanoi City Fatherland Front Committee, the Vietnam Fatherland Front is defined by the Constitution as having a very important position, "as the political foundation of the people's government."

However, in reality, the institutionalization of some aspects of the Front's activities has not been in line with the position of the Vietnam Fatherland Front. For example, regarding supervision, the legally stipulated forms of supervision include mobilizing the people to exercise their right to supervise, participating in supervision alongside the government, and compiling voters' opinions.

Thus, these activities are merely "external" phenomena, not yet acting as subjects entrusting power, subjects occupying the position of "the political foundation of the people's government" as stipulated in the Constitution.

Associate Professor, Dr. Pham Xuan Hang argues that the issue of social supervision and criticism needs to be more specifically and clearly defined in the Constitution, given that the Vietnamese political system is led by a single political organization, the Party.

Including the category of social critique in the Draft Amendment to the 1992 Constitution is correct and necessary; however, the presentation in the Draft does not fully reflect the importance of this activity, nor does it fully reflect the Party's policy on social critique.

Many also agree that Article 9 needs to be rephrased in a more democratic way because, without constitutional and legal guarantees and sanctions, the exercise of supervisory power will be difficult.

Commenting on Article 4, Mr. Tran Dinh Phung, a member of the Presidium of the Central Committee of the Vietnam Fatherland Front, agreed that it is necessary to further affirm and clarify more fully the nature and leadership role of the Communist Party of Vietnam as the vanguard of the working class, the vanguard of the working people, and the Vietnamese nation, taking Marxism-Leninism and Ho Chi Minh Thought as its ideological foundation, and as the leading force of the State and society.

However, it is necessary to further clarify the issue of the Party's leadership over the State and society in order to fully exercise the Party's leadership and affirm that the Party's leadership is the primary factor determining the victory of the Vietnamese revolution.

The Party must enhance its political acumen, moral character, and organizational capacity to effectively address the practical challenges posed by the revolution; and prevent and combat the dangers of degeneration and corruption among cadres and Party members. The leading role of the Communist Party needs to be institutionalized in the revised Constitution.

Mr. Nguyen Van Hang, former Vice Chairman of the Central Committee of the Vietnam Fatherland Front, argues that Clause 3 of this Article: "Party organizations and Party members operate within the framework of the Constitution and laws" does not adequately reflect the duties of the ruling Party, which are very important.

Therefore, it is proposed that this clause be removed and replaced with "the Party's leadership role is guaranteed by law," which would create a basis for the Party to be "subject to the people's supervision" and "accountable to the people for its decisions," providing a foundation for Party committees and members to be held accountable under the law for their actions, avoiding vague and bureaucratic statements.

Agreeing with this viewpoint, Mr. Hoang Thai, former member of the Central Committee of the Vietnam Fatherland Front, and Mr. Le Truyen, former Vice Chairman of the Central Committee of the Vietnam Fatherland Front, argued that there should be a law to ensure the Party operates openly, transparently, and not arbitrarily. The way the Party expresses its leadership role also needs to be carefully considered to be in line with the people's will.

Agreeing with the view that the Party is closely connected with the people, serves the people, and is subject to the people's supervision, former Deputy Prime Minister Nguyen Khanh suggested adding: "The people exercise their supervision over the Party according to regulations on social supervision and social criticism," thereby raising the need to expedite the drafting of a law on social supervision and criticism.

Referring to Article 120 of the Draft Constitutional Council, some opinions suggest that this is a new institution, appearing for the first time in the Constitution, with the meaning of being an agency to control the exercise of state power, ensuring the correctness and supremacy of the Constitution - the document with the highest legal value.

However, if Article 120 only stipulates the Constitutional Council's authority to "make recommendations" without its authority to "decide" on laws, regulations, and decisions of state agencies that are inconsistent with the Constitution, then in essence, it is merely an advisory body to the National Assembly.

Therefore, it is proposed that this Council be named the Constitutional Council, which has the authority to adjudicate on laws, documents, and decisions of all state agencies that are inconsistent with the Constitution.

Regarding the provisions on state power, some opinions suggest that the draft Constitution needs to more clearly define the structure of state power, its limits, and the relative independence of the three branches of government: legislative, executive, and judicial.

Commenting on Article 21 (new): “Everyone has the right to life,” Professor and Doctor Nguyen Duy Quy, former Director of the Institute of Social Sciences and Humanities, argued that it is insufficient because, in addition to the right to life, everyone also has the right to education, work, and the pursuit of happiness.

The above comments will be received by the Conference Organizing Committee and forwarded to the relevant agencies and the Committee for Drafting Amendments to the 1992 Constitution./.

According to (VNA) - LT