Clearly define citizens' rights to participate in state and social management.
Studying the Draft Amendment to the 1992 Constitution, comparing it with the Draft Amendment to the 1992 Constitution (amended and supplemented in 2001), I would like to contribute some opinions as follows: The Draft Amendment Committee of the Constitution has made very elaborate preparations regarding the content and structure of the draft, including inheriting and promoting the quintessence of the 1992 Constitution and adding many new points, in accordance with the political platform of the 11th National Congress of the Party.
(Baonghean) -Studying the Draft Amendment to the 1992 Constitution, comparing it with the Draft Amendment to the 1992 Constitution (amended and supplemented in 2001), I would like to contribute some opinions as follows: The Draft Amendment Committee of the Constitution has made very elaborate preparations regarding the content and structure of the draft, including inheriting and promoting the quintessence of the 1992 Constitution and adding many new points, in accordance with the political platform of the 11th National Congress of the Party.
Article IV (Chapter I) of the Draft inherits and retains the content stipulated in Article 4 of the current Constitution, continues to affirm the leadership role of the Communist Party of Vietnam as well as adds some new content such as the Communist Party of Vietnam is not only the vanguard of the working class, but also the vanguard of the working people and the Vietnamese nation; the Party is closely attached to the people, serves the people, is supervised by the people, and is responsible to the people for its decisions.
Such regulations are consistent with the people's will and aspirations, consistent with the Party's leadership role that has been affirmed in the process of building and defending the Fatherland, and at the same time consistent with the requirement of renewing the Party's leadership methods in the face of the country's renewal situation.
Also in Article 4 of Chapter I, there is an opinion that there should be a separate law for the Communist Party of Vietnam. On this issue, my personal opinion is that it is unnecessary, because currently, according to the report of the Central Party Organization Committee, there are more than 3.6 million party members nationwide, accounting for a large proportion of the population, party organizations are established from residential groups, agencies, unions, and business units at the grassroots level, within the Party, the activities of organizations and party members are regulated by the provisions of the Party Charter and the resolutions and directives of the Party.
In the field of state management, party members are cadres, civil servants, public employees, intellectuals, workers, farmers, soldiers or citizens subject to the provisions of the constitution and the law. Most party members have held and are holding key positions, posts and tasks at all levels of government, agencies and units in the state apparatus, playing an important role in implementing the constitution and the law of the state. If party members violate, they will be dealt with by the party, the government and the organization. In recent years, there has been no conflict between the party's regulations and the state's regulations. From the above analysis and explanation, I believe that there is no need for a separate law in the Communist Party of Vietnam.
Article 6 (Chapter I) of the draft constitutional amendment supplements: The people exercise State power in the forms of direct democracy and representative democracy through the National Assembly, People's Councils and other State agencies. This supplementary article is to more clearly and fully stipulate the methods for the people to exercise State power in the forms of direct democracy and representative democracy through the National Assembly, People's Councils and other State agencies.
Articles (Articles 15 to 52) of Chapter II (on human rights). Referring to the provisions related to human beings, basic rights and obligations of citizens, I find that the provisions in the draft have affirmed the value and important role of human rights and citizen rights in the constitution in accordance with international conditions on human rights of which the Socialist Republic of Vietnam is a member.
The provisions in the draft have demonstrated a new way of thinking about human rights, civil rights and the value and position of the issue in the order of the rule of law State, in which all State activities must take human rights as the basis and as the goal to strive for. The draft has made a clear distinction between the rights belonging to Vietnamese citizens and the rights belonging to all subjects legally present in the territory of Vietnam. However, I suggest that the draft should stipulate more clearly the rights of citizens in participating in state and social management, social supervision and criticism, participating in discussions and making recommendations to State agencies on issues of the whole country and of each locality.
Regarding Articles 115 to 119 (of Chapter IX) on the provisions relating to local governments, I agree with the provisions on local governments in general as in the draft, but it is necessary to clarify the model of local government organization in the constitution. Accordingly, the Draft Amendment to the 1992 Constitution needs to establish principles for organizing urban governments different from rural governments, and it is necessary to strengthen the autonomy of urban governments, especially large cities (Hanoi, Ho Chi Minh City...).
Article 9, Chapter I, stipulates the Vietnam Fatherland Front (VFF). The draft needs to add: The VFF is a political unit, Clause 3 of this article needs to clearly state: The State needs to ensure the conditions for the VFF to operate, not create conditions. In addition, it is necessary to continue to clarify the tasks of supervision and social criticism of the VFF on the activities of State agencies, elected representatives and civil servants.
The draft constitutional amendment should add a number of members of the Vietnam Fatherland Front with important political and social positions such as the Women's Union and the Ho Chi Minh Communist Youth Union. Of particular interest is the Women's Union, which is both a political and social organization representing and protecting the legitimate rights and interests of women, and at the same time represents more than half of the population, has a particularly important role in regenerating national human resources, is responsible for participating in building, proposing, criticizing, supervising legal policies and uniting women to exercise their rights, obligations and responsibilities as citizens. The position and responsibilities of women are clearly expressed in the constitution, ensuring that the Union continues to promote the role of women with better quality and efficiency.
Engineer Tran Van Duong (Vice President of Nghe An Association of Science and Technology)