The amended 1992 Constitution is expected to be submitted to the National Assembly for consideration and passage in 2013. Deputy Minister of Justice Hoang The Lien, spokesman of the Government’s Steering Committee for Reviewing the Implementation of the 1992 Constitution, talks with Phap Luat Viet Nam (Vietnam Law) newspaper on the revision of the 1992 Constitution.
The XIth Party Congress clearly stated the necessity to revise the 1992 Constitution. Which issues will be institutionalized in the new Constitution?
The documents of the XIth Party Congress have defined many new strategic directions for long-term national development. One of the requirements set for the revision of the Constitution is to fully and profoundly grasp the new guidelines of the Party to be institutionalized in the Constitution, creating constitutional foundations for accelerating national socio-economic development. In my opinion, we should strive to achieve a number of the following key points:
Firstly, regarding the principles of state organization, the Platform for national building in the period of transition to socialism (supplemented and developed in 2011) has clearly identified that ours is a socialist law-governed state of the people, by the people and for the people. All state power belongs to the people. State power is unified with assignment, coordination and examination among agencies in the exercise of legislative, executive and judicial powers.
Accordingly, the revision of the Constitution should further improve the principle of organizing the exercise of state power toward clearly defining the contents and subjects of exercising each of these powers and achieving the explicit assignment of state agencies in exercising state power under the Party leadership. It must be clearly determined in the Constitution that the National Assembly exercises the legislative power, the Government exercises the executive power and the court exercises the judicial and adjudication power. On this basis, the relations of these agencies will be established to ensure oversight of the exercise of power so as to avoid arbitrariness and abuse of power. Transparency should be increased and relative independence should be assured to increase the strength of legislative, executive and judicial agencies and serve as the basis for controlling these agencies in exercising their powers, preventing abuse of power and protecting the people’s democratic rights and mastery.
The Government’s executive power is to initiate, make and administer national policies; organize the implementation of the Constitution and laws; perform state administration in all fields of social life; assure public order, uniformly run the state administrative system, and mobilize and assure the effective use of resources for building, defending and sustainably developing the country.
Secondly, the XIth Party Congress affirms: “To continue to build and perfect socialist democracy, assuring that all state power belongs to the people”. Therefore, the motto “all state power belongs to the people” should be perfected in the direction that the Constitution should fully acknowledge the people’s mastery and provide methods for the people to exercise this right toward the State in the forms of indirect and direct democracy. In addition to further raising the effect and effectiveness of representative democracy, it is necessary to provide in the Constitution various forms of direct democracy to help the people better control activities of state agencies. There are now sufficient conditions for us to build a constitutional mechanism to guarantee the people’s right to decide on national issues of paramount importance.
Thirdly, amendments should clarify and distinguish human rights from civic rights by amending Article 50 of the current Constitution; add provisions on the responsibility of state agencies for respecting, guaranteeing and promoting human rights and provisions on civic rights and the principle that civic rights may only be restricted or suspended under certain conditions set by a National Assembly-promulgated law.
Many experts said that the 1992 Constitution is not suitable to the characteristics of a fundamental or original law and you also said: “The Constitution should not replace the role of ordinary laws.” So, what should be taken into consideration to make the Constitution assure its nature and stability?
The 1992 Constitution was promulgated in a context when
Today, our legal system is basically complete and synchronous, widely and deeply governing relations arising in the society. The country now has a total of 368 laws and ordinances regulating almost all fields of social life, with many concerning the economic regime, culture, education, science, technology and assurance of citizens’ rights and obligations.
In light of the current conditions, it is necessary to change the constitutional techniques to ensure that the Constitution is truly an original law of long-term stability. Accordingly, the provisions on the duties and powers of state agencies should be concise, especially about the Government, in order to assure that the Government can comprehensively manage all fields of social life.
Regarding political, economic, cultural, social, scientific, technological, security and national defense issues, the Constitution should also briefly and generally provide fundamental and long-term development policies and directions for the domains of paramount importance to the country. Provisions concerning local administrations should be concise, focusing on defining the principles of their organization and operation but not specifying the tasks and powers of each level or agency in the local administration apparatus.
As a standing body of the Steering Committee, the Ministry of Justice will set up research teams to study and draft provisions of the Constitution on the Government, the Prime Minister, local administrations and other issues related to the Government’s operation. It is assisting the Government in organizing discussions among ministries, sectors and localities on the draft constitutional amendments.-