Results of thematic researches supporting the amendment of the 1992 Constitution

Results of thematic researches supporting the amendment of the 1992 Constitution

January 9, 2014

New issues are put forward in the face of the comprehensive renovation of the country, and active and positive international integration. In this context, the amendment process of the 1992 Constitution has focused on clarifying and supplementing the following contents: continue affirming that people are the highest entity of the state power, and the power belongs to the people including the classes of workers, peasants and intellectuals, under the leadership of the Communist Party of Viet Nam; The people exercise the state power by direct democracy and representative democracy through the National Assembly (NA), People’s Council (PC) and other state agencies; The people directly elect their representative bodies, and have the right to dismiss from office those who do not reserve the people’s trust, to participate in the management of state and society, implement democracy at grass-root level, and to vote when referendums are held; To develop the national solidarity, mobilize social forces for the national construction and development; The Viet Nam Fatherland Front and social organizations play a vital role in the course of national solidarity and national construction and defense; To represent, protect the people’s legitimate rights and interests, and to care for their lives; to take the role of oversight and social criticism. The draft amended Constitution continues to affirm and clarify the legal status and leading role of the Communist Party of Viet Nam; to fully develop human aspects, respect and protect human rights; to ensure better enforcement of people’s rights, obligations; to clearly define responsibilities of the state and society to respect, guarantee and protect human rights and citizen rights. With regard to the organization and operation of the state apparatus, the draft amended Constitution affirms that the NA is the highest representative body of the people, the highest State authority in the Socialist Republic of Vietnam. The NA is the only body vested with constitutional and legislative powers. The NA decides on important issues of the nation and exercises the authority of supreme oversight over all State’s activities; the President is the Head of State, acting on behalf of the Socialist Republic of Vietnam in domestic and foreign affairs, and assumes command of the People's armed forces and the legal status of Chairman of the Council for National Defense and Security; the Government is the executive body of the National Assembly and is the highest administrative State body, and exercises the executive power; Court exercises judicial rights; the Procuracy exercises the right of public prosecution and oversight of judicial activities; amend and supplement operating principles of the people’s court and procuracy in the orientation to the judicial reform, ensuring the independence of judicial agencies and implementing principles of adversary proceedings. In addition, the draft amended Constitution also supplements some independent institutions such as the National Electoral Council, the State Auditor to fully implement the state democracy and rule of law.

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