The draft amendments to the 1992 Constitution are in the process ofpublic debate. Compared to the 1992 Constitution which has 147 articlesin 12 chapters, the draft revised Constitution consists of 11 chapterswith 124 articles, in which 14 articles remain unchanged, 99 othershave been revised and 11 new ones have been added.
The Vietnam Law and Legal Forum (VLLF) magazine published by theVietnam News Agency highlights new provisions of the draft in its issueNo. 221-222_ January & February 2013.
Perpetuating the nature and overall model of the law-ruled socialiststate provided in the 1992 Constitution, the draft Constitution makesclearer the principle of assignment, coordination and control amongstate agencies and their functions in the exercise of the legislative,executive and judicial powers. It also adds three independentinstitutions being the Constitutional Council, the National ElectionCouncil and the State Audit.
The National Assembly
Draft amendments to Article 83 of the 1992 Constitution reaffirm theNational Assembly as the highest representative organ of the people andthe highest state power body of the Socialist Republic of Vietnam. TheNational Assembly has the power to make the constitution and laws,decide on important national issues and oversee the State’s activities.
In the context of development of thesocialist-oriented market economy, the National Assembly has the powerto decide on objectives, targets, policies and basic tasks of nationalsocio-economic development. This provision aims to more clearly definethe role and responsibility of the National Assembly and relationshipbetween the Assembly and the Government.
The draftprovisions add a new power of the National Assembly to approve theappointment, relief from office or dismissal of judges of the SupremePeople’s Court to meet the requirements of renewal of the model ofpeople’s courts, thus defining more clearly the role of the NationalAssembly in relation to the judicial body and enhancing the status ofjudges in line with the judicial reform.
Another newpower of the National Assembly is to supervise, prescribe theorganisation and operation and decide on personnel of the ConstitutionalCouncil, the National Election Council, the State Audit and otherbodies established by the National Assembly.
Thedraft Constitution specifies international agreements which the NationalAssembly can ratify or cancel, including those on war and peace,national sovereignty, fundamental civic rights and obligations andmembership of Vietnam in international and regional organisationsand international trade.
The competence of theNational Assembly to form a provisional committee to research and verifya project or probe into a certain issue currently prescribed in the Lawon Oversight Activities of the National Assembly and the Law onOrganisation of the National Assembly is now enshrined in the draftConstitution.
The draft Constitution defines moreclearly the competence of the Standing Committee of the NationalAssembly and its powers to lead the work of the Ethnicities Council andCommittees of the Assembly, and to decide on the adjustment ofboundaries of administrative units within provinces and centrally runcities.
It further says that the National Assemblywould elect the heads of the Ethnicities Council and Committees, whiledeputy heads and members of these bodies would be ratified by theStanding Committee. It also defines more clearly the power of thesebodies to request provision of information and adds their power torequest explanation.
For National Assemblydeputies, the draft Constitution grants them a new right to participateas members in the Ethnicities Council or Committees in Article 87. Thisprovision, together with other provisions on the rights andresponsibilities of deputies, aims to ensure that deputies can bringinto play their strengths, qualifications and work experiences tofulfill their duties.
The President
While retaining the provisions on the position and role of thePresident as head of the State, the draft Constitution defines moreclearly the tasks and powers of the President in relation to thelegislative, executive and judicial bodies.
Inrelation to the National Assembly, the draft Constitution continuesstipulating that the President has the power to promulgate theConstitution, laws and ordinances and to propose the National AssemblyStanding Committee to re-consider its ordinances.
Inrelation to the Government, the draft Constitution retains theprovision on the President’s power to propose the National Assembly toelect, relieve from office or dismiss the Prime Minister and, on thebasis of resolutions of the National Assembly, to appoint, relieve fromoffice or dismiss Deputy Prime Ministers and other members of theGovernment. It further clarifies the President’s competence to attendcabinet meetings and request cabinet discussions on issues falling underhis tasks and powers when necessary.
In relation topeople’s courts and procuracies, the draft Constitution keeps theprovision on the President’s power to propose the National Assembly toelect, relieve from office or dismiss the President of the SupremePeople’s Court or the Chairman of the Supreme People’s Procuracy. Itmakes clearer provisions on the President’s competence to elect, relievefrom office and dismiss judges of the Supreme People’s Court on thebasis of ratification resolutions of the National Assembly, and adds thetask and power to appoint, relieve from office or dismiss judges ofother courts in line with the judicial reform.
Atthe same time, the draft provides more clearly the tasks and powers ofthe President in commanding the armed forces, acting as Chairman of theDefense and Security Council and deciding to confer general ranks in thearmed forces.
The Government
The draft Constitution continues affirming that the Government is thehighest administrative state agency of the Socialist Republic of Vietnamand the executive body of the National Assembly. And it goes further insaying the Government is the body exercising the executive power inconformity with the viewpoint and principle on organisation of the statepower.
The tasks and powers of the Government arerearranged and restructured to suit its position as the highestadministrative agency. As per the draft Constitution, the Government isresponsible for organising the implementation of the Constitution, laws,ordinances and resolutions of the National Assembly and its StandingCommittee, and orders and decisions of the President; and submittingdraft laws and ordinances to the National Assembly and its StandingCommittee.
The Government is responsible foruniformly managing the state administration, building, and organisingthe implementation of, the official-duty regime; performing the statemanagement of cadres, civil servants and public employees; andimplements the assignment and decentralization in the stateadministrative system. It is in charge of leading operations ofministries, ministerial-level agencies, government-attached agencies andPeople’s Committees at all levels; and organising and leadingactivities of inspection, examination and settlement of complaints anddenunciations.
The Prime Minister
The draft Constitution has also rearranged and restructured the tasksand powers of the Prime Minister to correspond to those of theGovernment, defining more clearly the competence of the Prime Ministerin directing and administering activities of the Government; leading thestate administrative system from central to local level to ensure theuniformity and smoothness of the national administration. It adds a newpower for the Prime Minister to direct the negotiation and signing ofinternational agreements on behalf of the State as authorised by thePresident, the negotiation and conclusion of and accession tointernational agreements on behalf of the Government, and theimplementation of international agreements to which the SocialistRepublic of Vietnam is a contracting party.
Regarding ministers and other government members, the draft Constitutionstipulates that government members take personal responsibility beforethe Government and the National Assembly for sectors under theirassigned charge and take joint responsibility for activities of theGovernment.
It adds that ministers and heads ofministerial-level agencies must report their work to the Government andreport according to regulations to the people on important issues undertheir management.
People’s courts and procuracies
Basically perpetuating the provisions of the 1992 Constitution, thedraft Constitution reaffirms that people’s courts are adjudicativebodies exercising the judicial power and people’s procuracies exercisethe prosecuting power and supervise judicial activities.
In addition to the tasks of protecting the interests of the State,rights and legitimates interests of organisations and individuals, thecourts and procuracies must protect justice as well as human and civicrights.
In line with the judicial reform on theestablishment of courts not based on administrative units, the draftConstitution provides that people’s courts include the Supreme People’sCourt and other courts as prescribed by law. The National Assembly mayestablish a special court in special cases.
Similarly, according to the draft amendments, people’s procuraciesinclude the Supreme People’s Procuracy and other procuracies asprescribed by law.
The President of the SupremePeople’s Court and the Chairman of the Supreme People’s Procuracy areelected by the National Assembly. Their term of offices is the same asthat of the National Assembly.
To meet therequirements of judicial reform, on the basis of combination with theexisting inquisitorial model, the draft Constitution revises andemphasises a number of principles in the organisation and operation ofpeople’s courts. It upholds the principle of argument (after theadversary model) at court hearings and adds the principle of two-tiertrial.
The draft Constitution adds a new principlethat procurators must abide by the law and obey the direction of thechairman of the people’s procuracy when exercising the prosecuting powerand supervising judicial activities.
The draftConstitution no longer mentions the establishment of appropriatepeople’s organisations at grassroots level to deal with violations andminor conflicts and the Procuracy Committee as prescribed in the 1992Constitution, leaving these issues to be dealt with in relevant laws.
Local administrations
Regardingterritory-based administrative units, like the 1992 Constitution,Article 115 of the draft Constitution says that the country is dividedinto provinces and centrally run cities; a province is divided intodistricts, provincial cities and towns; a centrally run city intodistricts and towns; a rural district into communes and townships; aprovincial city or town into wards and communes, and an urban districtinto wards.
To create a constitutional basis forrenewing the organisation of local administrations, the draftConstitution does not specify the organisation, tasks and powers of eachlevel of local administration. It reads that the establishment ofPeople’s Councils and People’s Committees in territory-basedadministrative units is prescribed by law based on the characteristicsof each unit and management decentralisation.
New independent bodies
The draft Constitution has three new articles on three independentbodies, including the Constitutional Council, the National ElectionCouncil and the State Audit, which are all established by the NationalAssembly.
The Constitutional Council will rule onconstitutional violations in legislative, executive and judicialactivities. It has the power to consider the constitutionality ofdomestic legal documents, as well as international agreements concludedin the name of the Vietnamese State before submission to theNational Assembly or President for ratification.
The National Election Council will organize National Assembly electionsand direct and organise election of Peoples’ Council deputies at alllevels.
The State Audit will audit the management and use of financial resources and national assets.
The organisations, tasks, powers and composition of the ConstitutionalCouncil, the National Election Council and the State Audit will beprescribed by law.
In its final article, the draftConstitution says that it will be passed when it is voted for by atleast two-thirds of total number of National Assembly deputies and areferendum on the Constitution will be decided by the National Assembly.-VNA
The Vietnam Law and Legal Forum (VLLF) magazine published by theVietnam News Agency highlights new provisions of the draft in its issueNo. 221-222_ January & February 2013.
Perpetuating the nature and overall model of the law-ruled socialiststate provided in the 1992 Constitution, the draft Constitution makesclearer the principle of assignment, coordination and control amongstate agencies and their functions in the exercise of the legislative,executive and judicial powers. It also adds three independentinstitutions being the Constitutional Council, the National ElectionCouncil and the State Audit.
The National Assembly
Draft amendments to Article 83 of the 1992 Constitution reaffirm theNational Assembly as the highest representative organ of the people andthe highest state power body of the Socialist Republic of Vietnam. TheNational Assembly has the power to make the constitution and laws,decide on important national issues and oversee the State’s activities.
In the context of development of thesocialist-oriented market economy, the National Assembly has the powerto decide on objectives, targets, policies and basic tasks of nationalsocio-economic development. This provision aims to more clearly definethe role and responsibility of the National Assembly and relationshipbetween the Assembly and the Government.
The draftprovisions add a new power of the National Assembly to approve theappointment, relief from office or dismissal of judges of the SupremePeople’s Court to meet the requirements of renewal of the model ofpeople’s courts, thus defining more clearly the role of the NationalAssembly in relation to the judicial body and enhancing the status ofjudges in line with the judicial reform.
Another newpower of the National Assembly is to supervise, prescribe theorganisation and operation and decide on personnel of the ConstitutionalCouncil, the National Election Council, the State Audit and otherbodies established by the National Assembly.
Thedraft Constitution specifies international agreements which the NationalAssembly can ratify or cancel, including those on war and peace,national sovereignty, fundamental civic rights and obligations andmembership of Vietnam in international and regional organisationsand international trade.
The competence of theNational Assembly to form a provisional committee to research and verifya project or probe into a certain issue currently prescribed in the Lawon Oversight Activities of the National Assembly and the Law onOrganisation of the National Assembly is now enshrined in the draftConstitution.
The draft Constitution defines moreclearly the competence of the Standing Committee of the NationalAssembly and its powers to lead the work of the Ethnicities Council andCommittees of the Assembly, and to decide on the adjustment ofboundaries of administrative units within provinces and centrally runcities.
It further says that the National Assemblywould elect the heads of the Ethnicities Council and Committees, whiledeputy heads and members of these bodies would be ratified by theStanding Committee. It also defines more clearly the power of thesebodies to request provision of information and adds their power torequest explanation.
For National Assemblydeputies, the draft Constitution grants them a new right to participateas members in the Ethnicities Council or Committees in Article 87. Thisprovision, together with other provisions on the rights andresponsibilities of deputies, aims to ensure that deputies can bringinto play their strengths, qualifications and work experiences tofulfill their duties.
The President
While retaining the provisions on the position and role of thePresident as head of the State, the draft Constitution defines moreclearly the tasks and powers of the President in relation to thelegislative, executive and judicial bodies.
Inrelation to the National Assembly, the draft Constitution continuesstipulating that the President has the power to promulgate theConstitution, laws and ordinances and to propose the National AssemblyStanding Committee to re-consider its ordinances.
Inrelation to the Government, the draft Constitution retains theprovision on the President’s power to propose the National Assembly toelect, relieve from office or dismiss the Prime Minister and, on thebasis of resolutions of the National Assembly, to appoint, relieve fromoffice or dismiss Deputy Prime Ministers and other members of theGovernment. It further clarifies the President’s competence to attendcabinet meetings and request cabinet discussions on issues falling underhis tasks and powers when necessary.
In relation topeople’s courts and procuracies, the draft Constitution keeps theprovision on the President’s power to propose the National Assembly toelect, relieve from office or dismiss the President of the SupremePeople’s Court or the Chairman of the Supreme People’s Procuracy. Itmakes clearer provisions on the President’s competence to elect, relievefrom office and dismiss judges of the Supreme People’s Court on thebasis of ratification resolutions of the National Assembly, and adds thetask and power to appoint, relieve from office or dismiss judges ofother courts in line with the judicial reform.
Atthe same time, the draft provides more clearly the tasks and powers ofthe President in commanding the armed forces, acting as Chairman of theDefense and Security Council and deciding to confer general ranks in thearmed forces.
The Government
The draft Constitution continues affirming that the Government is thehighest administrative state agency of the Socialist Republic of Vietnamand the executive body of the National Assembly. And it goes further insaying the Government is the body exercising the executive power inconformity with the viewpoint and principle on organisation of the statepower.
The tasks and powers of the Government arerearranged and restructured to suit its position as the highestadministrative agency. As per the draft Constitution, the Government isresponsible for organising the implementation of the Constitution, laws,ordinances and resolutions of the National Assembly and its StandingCommittee, and orders and decisions of the President; and submittingdraft laws and ordinances to the National Assembly and its StandingCommittee.
The Government is responsible foruniformly managing the state administration, building, and organisingthe implementation of, the official-duty regime; performing the statemanagement of cadres, civil servants and public employees; andimplements the assignment and decentralization in the stateadministrative system. It is in charge of leading operations ofministries, ministerial-level agencies, government-attached agencies andPeople’s Committees at all levels; and organising and leadingactivities of inspection, examination and settlement of complaints anddenunciations.
The Prime Minister
The draft Constitution has also rearranged and restructured the tasksand powers of the Prime Minister to correspond to those of theGovernment, defining more clearly the competence of the Prime Ministerin directing and administering activities of the Government; leading thestate administrative system from central to local level to ensure theuniformity and smoothness of the national administration. It adds a newpower for the Prime Minister to direct the negotiation and signing ofinternational agreements on behalf of the State as authorised by thePresident, the negotiation and conclusion of and accession tointernational agreements on behalf of the Government, and theimplementation of international agreements to which the SocialistRepublic of Vietnam is a contracting party.
Regarding ministers and other government members, the draft Constitutionstipulates that government members take personal responsibility beforethe Government and the National Assembly for sectors under theirassigned charge and take joint responsibility for activities of theGovernment.
It adds that ministers and heads ofministerial-level agencies must report their work to the Government andreport according to regulations to the people on important issues undertheir management.
People’s courts and procuracies
Basically perpetuating the provisions of the 1992 Constitution, thedraft Constitution reaffirms that people’s courts are adjudicativebodies exercising the judicial power and people’s procuracies exercisethe prosecuting power and supervise judicial activities.
In addition to the tasks of protecting the interests of the State,rights and legitimates interests of organisations and individuals, thecourts and procuracies must protect justice as well as human and civicrights.
In line with the judicial reform on theestablishment of courts not based on administrative units, the draftConstitution provides that people’s courts include the Supreme People’sCourt and other courts as prescribed by law. The National Assembly mayestablish a special court in special cases.
Similarly, according to the draft amendments, people’s procuraciesinclude the Supreme People’s Procuracy and other procuracies asprescribed by law.
The President of the SupremePeople’s Court and the Chairman of the Supreme People’s Procuracy areelected by the National Assembly. Their term of offices is the same asthat of the National Assembly.
To meet therequirements of judicial reform, on the basis of combination with theexisting inquisitorial model, the draft Constitution revises andemphasises a number of principles in the organisation and operation ofpeople’s courts. It upholds the principle of argument (after theadversary model) at court hearings and adds the principle of two-tiertrial.
The draft Constitution adds a new principlethat procurators must abide by the law and obey the direction of thechairman of the people’s procuracy when exercising the prosecuting powerand supervising judicial activities.
The draftConstitution no longer mentions the establishment of appropriatepeople’s organisations at grassroots level to deal with violations andminor conflicts and the Procuracy Committee as prescribed in the 1992Constitution, leaving these issues to be dealt with in relevant laws.
Local administrations
Regardingterritory-based administrative units, like the 1992 Constitution,Article 115 of the draft Constitution says that the country is dividedinto provinces and centrally run cities; a province is divided intodistricts, provincial cities and towns; a centrally run city intodistricts and towns; a rural district into communes and townships; aprovincial city or town into wards and communes, and an urban districtinto wards.
To create a constitutional basis forrenewing the organisation of local administrations, the draftConstitution does not specify the organisation, tasks and powers of eachlevel of local administration. It reads that the establishment ofPeople’s Councils and People’s Committees in territory-basedadministrative units is prescribed by law based on the characteristicsof each unit and management decentralisation.
New independent bodies
The draft Constitution has three new articles on three independentbodies, including the Constitutional Council, the National ElectionCouncil and the State Audit, which are all established by the NationalAssembly.
The Constitutional Council will rule onconstitutional violations in legislative, executive and judicialactivities. It has the power to consider the constitutionality ofdomestic legal documents, as well as international agreements concludedin the name of the Vietnamese State before submission to theNational Assembly or President for ratification.
The National Election Council will organize National Assembly electionsand direct and organise election of Peoples’ Council deputies at alllevels.
The State Audit will audit the management and use of financial resources and national assets.
The organisations, tasks, powers and composition of the ConstitutionalCouncil, the National Election Council and the State Audit will beprescribed by law.
In its final article, the draftConstitution says that it will be passed when it is voted for by atleast two-thirds of total number of National Assembly deputies and areferendum on the Constitution will be decided by the National Assembly.-VNA
