Amendment to Constitution is a national important issue

 

Prime Minister Mr. Nguyen Tan Dung is presiding over the Governmental thematic conference

The Exposure Draft  of the contents in the Draft Constitution (amended) by the Government – the Draft for short – generally shows that it sticks the views, the orientation towards research for amendment of the Constitution was redefined in the Resolution of Congress XI, the Resolution of Central Conference 2 and Central Conference 5, term XI.

With 9 basic issues researched for amendment under the direction of the Committee for draft amendments to Constitution, the Draft conveys the scale and scope of the amendment (in terms of both content and structure of the chapters, articles and constitutional engineering) of a draft amendment to Constitution in order to institutionalize the Platform for nation building in the period of transition to socialism, meeting the requirement of the new context.

As for the contents, the Government highly agreed with the new significant view of the Draft, which is: clearly noting some fundamental principles such as the principle of sovereignty of people in association with the constitutional state; principle of state power organization together with the assignment, coordination and control among state agencies in the implementation of the legislative, executive, and judicial; principle of respect, assurance and protection of human rights as well as citizen’s rights.

These principles show that our Constitution conveys the selective reception with many common values of the world about the Constitution in a country ruled by law, also ensure the inheritance with the reasonable adjustment of the particularly values in terms of politics and legality of the Constitution in our country in the period of transition to socialism.

As for the structure and layout of the Draft: The position and the scope of the chapters and articles are reorganize and adjusted quite properly, clearly conveying three major contents in accordance with the function of Constitution stipulating the political level; the respect, assurance and protection of human rights, basic rights of the citizens and organization of state authority.

 

However, the Draft also reveals limitation and inadequacy such as the confusion in the design of state apparatus under the principle of assignment, coordination, and control among state agencies in the implementation of the legislative, executive, and judicial authorities; the Draft conveys basic views, not covering exceptional cases, many institutions stipulated to be operated in ordinary conditions, not anticipating the way to operate the whole country in special conditions with which all nations have to be ready to deal in the modern world; as for constitutional techniques, there are still many contents stipulated in detail, which should have been the function of laws, some articles remains the style of resolution, especially the ones in chapter I and III, which undermines the regulations of the Constitution somehow.

Besides, the Exposure Draft of some contents in the Draft Constitution (amended) by the Goverment raised some comments, specific contribution to the regulations of the Draft Constitution (amended) in order to determine the position, function, and obligation of the national and local Governments in the organizational structure of the State; some comments about Draft Report on the implementation of Constitution 1992 of Committee for the draft amendments to Constitution 1992.

At the conference, Prime Minister Mr. Nguyen Tan Dung emphasized the importance of the amendment to the Constitution, proposing officials of the Government promote their responsibilities, continue to raise practical comments on the Exposure Draft of contents in the Draft Constitution (amended) by the Government.

Source : Vietnam Government Portal