Unified country name is Socialist Republic of Vietnam

Continuing the program of the 5th session of the 13th National Assembly, National Assembly deputies spent the whole day on May 27 discussing in groups the Draft Amendment to the 1992 Constitution - one of the important contents of this session.

Ho Chi Minh City National Assembly Delegate Truong Thi Anh speaks.
(Photo: Duong Giang/VNA)

Through discussion, the opinions of the National Assembly deputies assessed the implementation of the National Assembly Resolution on organizing the collection of people's opinions on the Draft Amendment to the 1992 Constitution. Agencies, organizations and localities have implemented it urgently, synchronously, democratically, widely and on schedule. The collection of people's opinions on the Draft Amendment to the Constitution has attracted deep attention and support from many classes of people. The Draft Amendment to the Constitution has been disseminated and propagated on mass media and comments have been organized in many appropriate forms...

National Assembly deputies assessed that the public consultation on the Draft Constitutional Amendments was truly a broad, democratic political and legal activity among all classes of people and the entire political system. The public consultation not only mobilized the active participation of people at home and overseas Vietnamese to contribute ideas and improve the Draft, but also promoted the people's right to mastery, raised awareness and sense of responsibility of each individual, agency and organization for the drafting of the Constitution, as well as the implementation of the Constitution later.

Delegate Nguyen Bac Son (Hanoi) assessed that in addition to creating a huge social effect with more than 26 million comments from the people on the Draft Constitution Amendment, many heartfelt opinions from people across the country were compiled and sent to the Draft Constitution Amendment Committee.

The delegate emphasized the proactiveness and positivity of press agencies in propagating and guiding people to contribute opinions to the draft amendments to the Constitution, reflecting the people's heartfelt opinions to the Party and State...

Unified to continue to stipulate the country's name as the Socialist Republic of Vietnam

In the discussion groups, delegates gave specific opinions on many contents in the draft amendments to the Constitution. Discussing Article 1, the majority of opinions suggested continuing to stipulate the country's name as the Socialist Republic of Vietnam.

The opinions analyzing this name were born in the context of our country having just completed the national democratic revolution, unifying the country, the whole country moving towards socialism, clearly affirming the path and goal of building a socialist regime of our Party, State and people. This name has been used stably from July 1976 to present, and has been officially recognized in the 1980 Constitution and the 1992 Constitution. Keeping the name of the Socialist Republic of Vietnam is to continue affirming the goal and path of building and developing the country towards socialism.

Expressing his agreement with the explanation, acceptance and revision of the Constitutional Amendment Drafting Committee, delegate Dao Van Binh (Hanoi) stated that the name of the country, the Socialist Republic of Vietnam or the Democratic Republic of Vietnam, clearly shows that our country's political regime is a republic and the nature of our State is a democratic State. However, keeping the name of the Socialist Republic of Vietnam is to continue affirming the goal and path of building and developing the country towards socialism, ensuring stability and avoiding having to change the national emblem, seal and national name on documents and papers. Moreover, after 37 years, this name has become familiar to the Vietnamese people and international friends.

Affirming the Party's leadership role over the State and society

Discussing Article 4, many opinions agreed to affirm the Party's leadership role over the State and society, and agreed to add the provision that the Party is closely attached to the people, is subject to the people's supervision, and is responsible to the people for its decisions in the draft amendment to the Constitution. Opinions said that keeping Article 4 regulating the Party's leadership role is necessary. This provision inherits the provisions in Article 4 of the current Constitution, affirming the historical nature and objective necessity of the Party's leadership over the revolutionary process, building and defending the Fatherland of our country.

Many opinions agree with the content of Article 4 as announced in the Draft because it fully reflects the content and spirit of the Party Platform and Statutes on the class nature and ideological foundation of the Party.

Delegate Truong Thi Anh (Ho Chi Minh City) agreed with the structure of the 3 clauses in Article 4. In particular, the delegate agreed with the explanation of the Constitutional Amendment Drafting Committee on the proposal to clarify the Party's leadership mechanism over the State and society, the Party's responsibility mechanism and the mechanism for people to supervise the Party.

According to the delegate, the Communist Party of Vietnam is the ruling party, leading the State and society. The Party leads through its Platform, strategies, orientations, major policies and guidelines... The leadership methods and contents are flexibly expressed, meeting the requirements of each stage and period. In addition, the regulation that all Party organizations and Party members operate within the framework of the Constitution and the law is now an important guarantee for the people to have conditions to supervise, helping our Party to become increasingly cleaner and stronger, worthy of being the leading force of the State and society.

Appreciate the recognition of human rights in the Draft Constitutional Amendments

Discussing Chapter 2, on human rights, basic rights and obligations of citizens, many opinions highly appreciated the recognition of human rights in the Draft, which covered most of the basic civil, political, economic, social and cultural rights of people according to international treaties of which Vietnam is a member.

Some comments assessed that the Draft continues to affirm and clarify the basic rights and obligations of citizens in the 1992 Constitution, and at the same time, the Draft also added a number of new rights.

Commenting on Clause 1, Article 25, which stipulates that religions are equal before the law, delegate Nguyen Minh Quang (Hanoi) proposed to revise it to mean that religions recognized by the Socialist Republic of Vietnam are equal before the law because currently there are religions that are not recognized by the State but still operate secretly, with the intention of attracting and inciting people...

Regarding the proposal to review the regulations on human rights and civil rights, separating human rights and civil rights into different sections in the draft Constitution, some opinions agree with the Committee for Drafting and Amending the Constitution that human rights and civil rights have an organic and close relationship, so the Draft does not separate them into separate sections on human rights and civil rights, but regulates them according to the structure of international conventions on human rights.

Affirming that land belongs to the people

An important issue that many National Assembly delegates commented on was the issue of land ownership. Many opinions said that the draft Constitution continued to affirm that land is owned by the entire people with the State representing the owner, which is appropriate.

Delegate Than Duc Nam (Da Nang) said that the issue of land ownership is not only an economic issue but also a political-social, security-defense issue. The nature of the Vietnamese State is a state of the people, by the people and for the people, therefore the people must be the owners of the especially valuable means of production, land, and enjoy the value of land in all forms. Public ownership creates conditions for workers to access land, creating a mechanism for workers to have the right to enjoy benefits from land in a fairer and more equal manner.

The delegate analyzed that affirming that the State is the sole representative of the people in ownership of land is also completely correct.

Regarding land recovery (Article 58), many delegates assessed that the majority of land-related complaints were due to people's frustration with the State's recovery of land to implement socio-economic development projects, while compensation for people whose land was recovered was not satisfactory, and did not harmonize the interests of those whose land was recovered and the investment project owners. Many opinions suggested that the draft Constitution should have clear and strict regulations on this issue. Some opinions assessed that Clause 3, Article 58 of this Draft has added a provision: Cases of land recovery are prescribed by law. Land recovery must have compensation, be public, transparent, and fair according to the provisions of law.

Clearly defining a number of principles in land recovery as in the Draft will contribute to limiting the abuse of legal provisions for widespread land recovery, and is also an important orientation to amend the Land Law to suit practical requirements.

Concerned about land reclamation cases, delegate Nguyen Thi Quyet Tam (Ho Chi Minh City) suggested that the issue of compensation needs to be clearly defined, and reclamation needs to be clearly defined. The delegate suggested that it is necessary to clearly stipulate cases of reclamation in the same project, same area... with equal compensation levels without distinguishing the nature of the project in compensation for the people.

According to the delegate, if this is not clarified, the situation of land complaints and lawsuits will continue.

It is necessary to establish a Constitutional Council.

Regarding the Constitutional Council (Article 120), the Committee for Drafting Constitutional Amendments believes that the current Constitution has defined the mechanism for protecting the Constitution through regulations on the position, role, functions, tasks, and powers of agencies in the state apparatus, especially the National Assembly and its agencies. The current Constitutional protection mechanism is basically consistent with the nature and characteristics of the organizational model of the Vietnamese State, but recent practice has shown that this mechanism is not really effective, so it needs to be further improved. Along with continuing to affirm and improve the current Constitutional protection mechanism, the Draft proposes a plan to establish a Constitutional Council.

According to the Committee, the provisions on the Constitutional Council as in the Draft do not contradict the provisions that the National Assembly is the highest state power agency, and at the same time demonstrate the principle that state power is unified, with division, coordination and control among agencies in the exercise of legislative, executive and judicial powers.

Through discussion, many opinions agreed with the necessity of establishing a Constitutional Council, but suggested adding more tasks and powers to this institution to suit the requirements and demands of practice.

Delegate Tran Ngoc Vinh (Hai Phong) assessed that the Constitutional Council is a new institution. If regulated as in the draft, it will only be an advisory body and if operated, it will only have a limited effect.

Delegates also raised concerns about whether the establishment of the Constitutional Council would overlap with the activities of some agencies and committees of the current National Assembly.

Delegate Chu Son Ha (Hanoi) disagreed with the views that the establishment of the Constitutional Council would increase the state apparatus, because according to the delegate, the Draft only stipulates that a number of members holding positions in state management agencies participate in the Council. The delegate agreed that it is necessary to establish the Constitutional Council to correct violations of the Constitution and emphasized the need to clearly define the responsibilities and powers of the Constitutional Council.

At the meeting, National Assembly delegates discussed and gave specific opinions on many other contents in the draft amendments to the Constitution. Discussing the local government model, many opinions said that the local government model in Vietnam is currently facing the need for innovation to suit the new situation and the country's development level.

The Committee for Drafting Amendments to the Constitution submitted to the National Assembly two options for the local government model. Option 1: Maintain the provisions on administrative units and general provisions on the organization of local governments. According to this option, Chapter IX consists of two articles, one article regulating administrative units, one article regulating the establishment, functions, tasks, and powers of local governments as prescribed by law. Option 2: Maintain the provisions on administrative units and the organization of local governments as in the current Constitution.

According to the program, on June 3 and 4, National Assembly deputies will continue to give opinions in the hall on the draft amendments to the 1992 Constitution. This important session will be broadcast live on radio and television for voters nationwide to follow./.

According to (TTXVN) - LT