Deputy Minister of Justice Hoang The Lien, spokesman of the Steering Committee for reviewing the 1992 Constitution, Team leader of the supporting team of the Steering Committee for reviewing the 1992 Constitution, Team leader of the research team on amendment, supplement of the 1992 Constitution, delivered an opening speech and hosted the workshop. In his openning speech, Deputy Minister Hoang The Lien introduced the following issues for discussion:
Despite a short period for reviewing the implementation of the Constitution, ministries, ministerial agencies, governmental institutions, people’s councils and people’s committees of provinces and centrally-run cities have conducted the review in a serious and proactive manner, and gained positive outputs.
For Phase 2 of the Central Steering Committee, ministries, ministerial agencies and provinces, this is a stage to conduct studies on amendment, supplement of the 1992 Constitution according to the 2012 work plan of the Steering Committee. It is believed that the key activity of the Steering Committee in this phase is to provide advices for the Government and Prime Minister, and proactively consult the Party and State throughout the entire process of amendment and supplement of the 1992 Constitution in order to ensure an objective, scientific and comprehensive basis for sound and persuasive theories and practice.
Therefore, based on the outcomes of the review of implementation of the 1992 Constitution of ministries, ministerial agencies, people’s councils and people’s committees of provinces and centrally-run cities, one the important tasks of the coming phase is to conduct rational, effective studies, researches with widespread participation of national and international experts, scientists, managers and citizens in the research and proposals of contents of amendment, supplement of the 1992 Constitution.
Therefore, with the role as the standing agency of the Steering Committee, the Ministry of Justice actively organizes this workshop in order to discuss and refer to opinions, researches on amendment, supplement of the 1992 Constitution, focusing on three main contents: the Constitution’s provisions on the Government, central authorities and human rights, rights of citizens.
Related to the three main contents of the workshop, the review’s results reflect numerous shortcomings and weaknesses in implementation of the 1992 Constitution.
In terms of provisions on the Government, the Constitution failed to clear identify the Government as an agency exercising executive power. Provisions prescribing the Government as an executive agency of the National Assembly and the highest State administrative agency, and other provisions on its functions failed to fully and comprehensively reflect the Government’s role in the current exercising mechanism of State power. It also failed to reflect the inevitable transition from a passive ‘executive’ Government by administrative orders in the centrally planned economy to a Government which actively proposes, plans and manages the macro policies in the rule-of-law State and the market economy.
The principle of organization of State power in the socialist rule-of-law state prescribed in Article 2 was not stipulated in a comprehensive and consistent manner in the Constitution’s chapters, articles. The Constitution failed to clearly stipulate which agencies are legislative, executive and judicial agencies; and ‘monitoring’ factor in this principle, etc.
Related to local authorities, the current model of organization and performance of local authorities is not effective. It is due to the lack of clear constitutional provisions on the role of people’s councils and committees; similar, but bulky and irrational, model of organization and performance of local authorities at all levels; lack of provisions on decentralization and power separation between the central and local level, which challenges the promotion of local authorities’ autonomy; lack of specific regulations on organizational model of local authorities for the urban and rural areas to fit with particular features of State management in each area, etc.
In terms of human rights and citizen rights, the current Constitution fails to make distinction between human rights and citizen rights and is lack of an effective implementation mechanism for those rights. Many rights and freedoms of citizens are stipulated along with the phrase “in line with the laws”, which troubles the explanation, development and implementation of exercising measures of human rights and citizen rights. It may lead to a result that sublaw documents may restrict constitutional rights and freedoms of citizens, etc.
Another issue is that there are many problems related to the techniques of Constitution development, contents and presentation of the current Constitution. It is essential to renovate the constitutional thoughts and development skills in order to ensure that the Constitution is a fundamental and long-term law with high stability.
With an objective to mobilize the intellectual of ministries, branches, localities, experts, scientists and managers in conducting researches, making advice and recommendations on amendment, suplement of the 1992 Constitution, the Ministry of Justice organizes this workshop and future workshops to collect opinions, comments from participants. It is to provide advices to the Minister of Justice, the Government and other competent State agencies in the process of amendment, supplement of the Constitution.
Representatives of the Department of Criminal and Administrative Legislation, Ministry of Justice, also delivered speeches on law development researches focusing on some main issues as follows: the Government’s role and functions in relations with amendment of the 1992 Constitution; rational organization of local authorities to meet requirements of development of a consistent, modern system of executive agencies; human rights, rights and obligations of citizens; and international experiences on the role, functions tasks of the Government, local authorities.
Then came discussions of representatives of ministries, branches, people’s committees, local departments of justice, Judicial Academy, Ha Noi Law University, National Administrative Institute, lawyers and other legal experts./.
Focal point: Chu Thi Thai Ha, Department of Criminal and Administrative Legislation, Ministry of Justice, tel: 627395412, email: hactt@moj.gov.vn