This is an important content in the fourth working session, which was directed broadcasted on TV and radio to support the voters’ and people’s monitoring.
There is an agreement among the National Assembly’s delegates that: After 20 years of implementing the 1992 Constitution, our country has achieved great and historically significant achievements. So far, the country has exercised many changes in the international context of great, deep and complex changes. Therefore, it is an essential task to amend the 1992 Constitution accordingly.
The delegates basically agreed with requirements, views and scope of contents of the amendment identified by the Drafting Committee of amendment of the 1992 Constitution. At the same time, they had specific comments on the draft chapters and articles including: contents of amendments and supplements, new regulations; issues with different opinions; layout, order, presentation language ...
It is confirmed that the Vietnamese Communist Party is the vanguard of the working class, at the same time, the vanguard of the working people and of the people of Vietnam; the faithful representative for the interests of the working class, the working people and the entire nation, according to the Marxism-Leninism and Ho Chi Minh thought; the leading force of the State and society. Many people believed that the draft amendment has clarified the role, position, leadership responsibility of the Party toward the State and society. At the same time, there are proposals of amendments to better reflect the Party’s nature.
Many people believed that the draft amendment clarifies the contents of human rights, civil rights and responsibilities of the State and society to respect, ensure and protect human rights, civil rights; and supplements some new rights in accordance with international treaties on human rights.
The participants endorsed the view to continue confirming the nature and the overall model of the political system and the state apparatus identified in the Platform and 1992 Constitution. Our State is a socialist rule-of-law State of the people, by the people, for the people; all state power belongs to the people; the State power is united with separation, coordination and control between the State agencies in exersing legislative, executive and judicial powers.
In addition, many delegates suggested that the draft should better reflect the view of protection and respect of human rights, and better implementation of the rights and obligations of citizens.
The delegates agreed with the view that human rights should be recognized by the Constitution and laws, in stead of only stipulating of not being hurt by the public authorities. Citizen rights should closely associated with citizen obligations, which are strictly regulated by the Constitution and laws.
There are delegates believing that each country has different model of the constitutional protection agency, depending on the political institutions, the state apparatus and the specific conditions. In our country, the leading role of the State and society belongs to the Party. The Law on Promulgation of Legal Normative Documents, Law on Organization of the National Assembly, Law on Organization of the Government have very strict regulations on safeguarding the implementation of the Constitution and the law. The Constitutional protection mechanism has been well implemented by the National Assembly, the Committee of the National Assembly, the President, the Government ... Therefore, there is no need to established constitutional council.
However, the draft still fails to fully reflect main and principal viewpoints such as: Enhancing the unique role of the Congress in constitutional and legislative development; lack of specific provisions on the National Assembly’s rights in exercising the monitoring and supervising function over the Government; only referring to development of the collective economics instead of mentioning its role.
On 16/11, the National Assembly continued its discussion on the draft amendment of the 1992 Constitution; and the Draft Resolution on referendum on the draft amendment of the 1992 Constitution. /
Source: Website of The Government (http://www.chinhphu.vn)