Constitutional Amendment: Add Government Supervision Power to the President

The President has the additional right to annul documents of the Government, Prime Minister, and Ministers that go against the President's orders; the additional right to attend Government meetings... The draft amended Constitution was submitted to the National Assembly for first consideration on October 29.

The report presented by Chairman of the Law Committee Phan Trung Ly to the National Assembly clearly stated many additional contents about the President's authority in the state leadership apparatus.

Specifically, in relation to the executive branch, the draft amended Constitution supplements the authority of the President to annul documents of the Government, the Prime Minister and members of the Government that are contrary to the orders and decisions of the President to ensure the consistency of the system of legal documents. This also aims to more clearly demonstrate the relationship between the President and the Government and the Prime Minister in legislative activities; at the same time, better promote the mechanism of inspection and supervision of the promulgation of legal documents.

Along with the right to attend meetings of the National Assembly Standing Committee, the revised Constitution is expected to give the President additional rights to attend meetings of the Government.

In addition, the amended Constitution retains the provision that the President has the right to propose to the National Assembly to elect, dismiss, or remove the Vice President and Prime Minister; based on resolutions of the National Assembly, to appoint, dismiss, or remove the Deputy Prime Minister, Ministers, and other members of the Government; and to annul documents of the Government, the Prime Minister, and members of the Government that are contrary to orders and decisions of the President.

Chairman of the Law Committee presents the draft of the amended Constitution to the National Assembly (Photo: Viet Hung)

In relation to the judiciary, the Chairman of the Law Committee proposed to supplement the authority of the President based on the National Assembly's resolution to appoint, dismiss, and remove judges of the Supreme People's Court.

Chairman of the Law Committee, Phan Trung Ly, explained that the addition of this provision aims to enhance the role and position of the Supreme People's Court Judge, ensure the role of the State in adjudication, and strengthen the independence of the judiciary. The Supreme People's Court Judge must be appointed, dismissed, or removed from office by the National Assembly, as the highest state power body; the President will base on the National Assembly's resolution to appoint, dismiss, or remove this position.

Regarding the addition of the President's authority to confer ranks and titles on senior officers, there are still two different views. Some opinions suggest clarifying the authority to confer ranks and titles on senior officers (generals, vice admirals, and rear admirals), and appointing the Chief of the General Staff and Director of the General Political Department of the Vietnam People's Army.

The second type of opinion argues that, in order to be consistent with the practice of decentralizing personnel management and linking the conferment of ranks and appointment to positions, it is proposed that the Constitution only stipulate that the President has the authority to decide on the conferment of ranks and ranks of officers of the rank of lieutenant general, general, and admiral.

The Constitutional Amendment Committee agrees with the first type of opinion.

State economy plays a leading role

Regarding economic institutions, the Chairman of the Law Committee reaffirmed that Vietnam's economy is a socialist-oriented market economy with many forms of ownership, many economic sectors, forms of business organization and forms of distribution. According to Mr. Ly, there are still two different opinions on how to express economic sectors in the Constitution.

The first opinion suggests stating the state economic sector, collective economic sector, private economic sector, and foreign-invested economic sector and defining the position and role of each economic sector in Article 55. Such a provision is to clarify the nature of the socialist-oriented market economy.

The second type of opinion suggests not specifically naming economic sectors but only identifying economic sectors as important components of the economy to ensure the generality and high stability of the Constitution when the structure of the economy can change, and at the same time, demonstrating equality and competition among economic sectors in a market economy.

The Constitutional Amendment Committee agrees with the first type of opinion and has expressed it in Article 55 of the draft Constitutional amendment.

Accordingly, Article 55 affirms that Vietnam's economy is a socialist-oriented market economy with many forms of ownership, economic sectors, forms of business organization and forms of distribution.

3 months of referendum on constitutional amendments

Also at this morning's meeting, the Committee for Drafting Amendments to the 1992 Constitution submitted to the National Assembly a draft Resolution on organizing the collection of public opinions. Accordingly, the subjects of the collection of opinions include all classes of people, agencies and organizations at the central and local levels.

The contents for consultation are the entire draft amendments to the 1992 Constitution, including: preamble; political regime; human rights, basic rights and obligations of citizens; economy, society, culture, education, science, technology and environment; national defense; organization of the state apparatus; effectiveness of the Constitution and the process of amending the Constitution; technical presentation of the provisions of the Constitution.

The four prescribed forms for collecting opinions are: direct or written comments sent to agencies and organizations; organizing conferences, seminars, and discussions; reflecting on mass media; and other appropriate forms.

As planned, from January 2 to March 31, 2013 is the time for collecting public opinions on the draft. The budget for organizing the collection of opinions will be guaranteed by the state budget.

Based on the opinions of the people and the opinions of the National Assembly deputies, the Committee will collect, synthesize and plan to absorb and revise the draft amendments to the 1992 Constitution to submit to the National Assembly for comments at the 5th session (May 2013); then continue to complete and submit to the National Assembly for approval at the 6th session (October 2013).

According to Dantri-M