National Assembly discusses Draft amendments to the 1992 Constitution

Continuing the working program, on the morning of November 5, National Assembly deputies worked in the Hall to discuss the Draft Amendment to the 1992 Constitution and the Draft Resolution on the implementation of the 1992 Constitution (amended in 2013). The content of this important working session was broadcast live on radio and television for voters nationwide to follow.

Panorama of the National Assembly session on the morning of November 5. (Photo: Duong Giang/VNA)

The draft reflects the will and aspirations of the people.

Opening the session, Chairman of the National Assembly's Law Committee, member of the 1992 Constitution Amendment Draft Committee, Head of the 1992 Constitution Amendment Draft Editorial Board Phan Trung Ly presented a report summarizing the opinions discussed in the Group and explained the issues with different opinions during the discussion in the Group.

The report stated: Regarding the position and leadership role of the Communist Party of Vietnam (Article 4), the vast majority of opinions agreed with the provisions on the position and leadership role of the Communist Party of Vietnam in Article 4 of the Draft. There were opinions suggesting adding the phrase “solely” after the phrase “leading force” in Clause 1; clearly defining the mechanism to implement “the Party is subject to the supervision of the people,” “is responsible to the people” and adding provisions on the relationship between the Party’s leadership, the State’s management and the people’s mastery in Article 4.

Regarding this issue, the Constitutional Amendment Drafting Committee said that Article 4 of the 1992 Constitution stipulates that "The Party is the force leading the State and society."

The Platform (supplemented and developed in 2011) also continues to state: “The Communist Party of Vietnam is the ruling party, leading the State and society.”

In the entire 1992 Constitution as well as the Draft Amendment to the Constitution this time, only Article 4 stipulates that the Communist Party of Vietnam is the leading force of the State and society. Therefore, apart from the Communist Party of Vietnam, no other force is assigned this responsibility. This is also completely consistent with the practice of one-party leadership in Vietnam. Therefore, the Drafting Committee did not add the word "solely" to this Article.

Through discussion, the majority of opinions of National Assembly deputies agreed with the Report on explanation, reception and revision of the Draft Amendment to the 1992 Constitution of the Draft Amendment Committee of the 1992 Constitution; assessed that the Draft was carefully prepared, serious, of high quality, reflecting the will and aspirations of the majority of people.

Agree to have separate provisions on Trade Unions

Discussing the content of the Vietnam Fatherland Front and socio-political organizations (Article 9), there were opinions suggesting adding the role of social organizations and other socio-political organizations to this Article.

According to delegate Vu Tien Loc (Thai Binh), along with the regulations on trade unions in Article 10, it is necessary to have regulations on other organizations such as the Veterans Association, Youth Union or Women's Union...

Assessing that these organizations were established on a voluntary basis and have the function of protecting the rights and legitimate interests of the social components they represent, delegates said that the positions and roles of these organizations also need to be constitutionalized, not stated generally as in the Draft.

Sharing the same view, delegate Dang Cong Ly (Binh Dinh) said that along with the Trade Union, the Vietnam Fatherland Front also has many other member organizations. This is a part of the political system, representing all classes of people, so he suggested that the Draft Constitution should recognize the role and position of these organizations to promote the tradition of great national unity...

After discussion, many opinions agreed to keep Article 10 regulating Trade Unions as in the Draft. Opinions agreed to stipulate that Trade Unions participate in checking, inspecting, and supervising the activities of state agencies, organizations, units, and enterprises. The draft's provision of this content is an inheritance from previous Constitutions.

The 2012 Trade Union Law also stipulates that Trade Unions “participate in inspecting, examining, and supervising the activities of state agencies, organizations, units, and enterprises.” The Charter of Vietnam Trade Unions (amended and supplemented at the recent 11th Congress) has specified the participation in inspecting, examining, and supervising the activities of state agencies, organizations, units, and enterprises in the tasks of trade union organizations at all levels….

Proposal to keep some articles of Chapter V as in the 1992 Constitution

Regarding the provisions of Chapter V: National Assembly, delegate Phung Van Hung (Cao Bang) said that elected bodies are places to promote representation and initiative, where voices are expressed and listened to in order to reach high consensus in each policy issued by the National Assembly.

Delegates said that assigning the National Assembly Standing Committee the authority to lead the work of the Nationalities Council and the National Assembly Committees has administrativeized the National Assembly apparatus, limiting the representativeness, initiative, and independence of the National Assembly agencies.

On that basis, delegate Phung Van Hung proposed that the Standing Committee of the National Assembly should not be regulated to lead the work of the Ethnic Council and the National Assembly Committees, but should be kept as in the current Constitution, that is, the Standing Committee of the National Assembly directs, operates, and coordinates the activities of the Ethnic Council and the National Assembly Committees.

Regarding the election and approval of members of the National Assembly's Council of Nationalities and Committees, Clause 1, Article 75 and Clause 1, Article 76 of the Draft Constitutional Amendment stipulate: The Chairman of the National Assembly's Council of Nationalities and the Chairman of the Committee are elected by the National Assembly; the Vice Chairmen and members of the National Assembly's Council of Nationalities, the Vice Chairmen and members of the Committee are approved by the National Assembly Standing Committee.

Delegates Phung Van Hung and Tran Dinh Thu (Gia Lai) said that this provision is not equal among National Assembly deputies and proposed that this content should be kept as Articles 94 and 95 of the current Constitution, that is, the National Assembly elects the National Council consisting of the Chairman, Vice Chairmen and members; the National Assembly elects the National Assembly Committees.

Sharing this view, delegate Pham Xuan Thuong (Thai Binh) proposed that the Chairman of the Ethnic Council and the Chairmen of the Committees submit to the National Assembly Standing Committee for approval the list of Vice Chairmen of the Ethnic Council, Vice Chairmen and members of the National Assembly agencies.

Delegate Tran Dinh Thu said that it is necessary to carefully consider the regulation that the National Assembly Standing Committee leads the work of the Nationalities Council and the National Assembly Committees.

According to the delegate, it is necessary to maintain Clause 7, Article 91 of the current Constitution, which stipulates that the National Assembly Standing Committee only regulates and coordinates the activities of the Nationalities Council and the National Assembly Committees. The Nationalities Council and the National Assembly Committees need to be guaranteed an independent position in examining draft laws.

Clearly define special economic administrative units

Discussing Chapter IX: Local authorities, delegate Pham Xuan Thuong (Thai Binh) suggested that it is necessary to clearly define at what level this special economic administrative unit is established?

The delegate expressed his opinion: special economic administrative units must be few, or even number 1, and unique. The situation of many special economic administrative units will cause the legal system to lack unity. The delegate suggested that the National Assembly carefully consider and specifically stipulate this content in the Constitution.

Discuss Article 114 which stipulates that the People's Committee is elected by the People's Council or directly approved by the People's Council at the next higher level.

Delegate Pham Xuan Thuong said that we have piloted the abolition of the People's Council, but up to now there has not been enough time to decide whether to abolish it or not and we are continuing the pilot.

According to the delegates, for the time being, the organization of the People's Council should be maintained as in the current Constitution. Delegate Nguyen Viet Nhien (Hai Phong) said that while the pilot program of not organizing the People's Council is being implemented, the provisions as in the draft are reasonable, highly general, and create a theoretical basis for the innovation of local government...

Delegate Tran Dinh Thu (Gia Lai) proposed to clearly stipulate in the Constitution that local government includes the People's Council and the People's Committee to specifically affirm the content of local government.

Delegates agreed with the regulation that People's Councils and People's Committees are established at all levels of administrative units as in the current Constitution, but there should be a mechanism for no People's Councils in special economic administrative units and islands to ensure feasibility in the process of implementing the Constitution.

At the discussion session this morning, National Assembly deputies discussed and gave specific opinions on other important contents: human rights, basic rights and obligations of citizens; on economy, society, culture, education, science, technology and environment; on national defense; National Assembly; National Election Council, State Audit...

In the afternoon, the National Assembly continued to discuss this content./.

According to VNA