Oct 31, 2012

Vietnam - Additional authority for the President in the Constitution

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VietNamNet Bridge – The President may request the Government to meet for discussing the issues relating to the duties of the President; appoint the Chief of General Staff and military leaders, Admirals.

According to the report of the Commission for draft amendments to the Constitution 1992, there are nine basic contents of modification, such as: further confirming and clarifying the position, role and responsibility of leadership of the Communist Party to the State and society; more profoundly showing the perspective on protection and respect of human rights; etc.

The draft amended Constitution has 11 chapters and 126 articles, a reduction of one chapter and 21 articles compared to the Constitution1992. Of which, 18 articles are remained, 95 articles are amended and 13 articles are new.

The amended articles have contents related to the President. Accordingly, the President is the commander of the people’s armed forces and serves as the Chair of the National Defense and Security Council; has the right to brevet Generals, Admirals, Vice Admirals, Rear Admirals; appoint the Chief of General Staff and the Chair of the General Political Department of the Vietnam People's Army.

Pursuant to the resolutions of the National Assembly or the National Assembly Standing Committee, the President announces the decision to declare a state of war; based on the resolutions of the NA Standing Committee, releases general mobilization order or local mobilization order, declares a state of emergency…

The President has the right to attend meetings of the NA Standing Committee and the Government. When it is necessary, the President requests the Government to discuss the issues relating to the tasks and powers of the President.

In the draft revised Constitution, the Prime Minister has the duties and powers as follows: proposing the National Assembly to approve the appointment and dismissal of deputy prime ministers, ministers, cabinet members; appoints and dismisses deputy ministers and equivalent positions in the central state administration; ratifies the election, dismissal, transfer, demotion of Chairs and Vice Chairs of People's Committee of centrally governed provinces and cities.

The Prime Minister shall make reports to the people through the mass media about the important issues that the government must address.

The draft also said the Communist Party of Vietnam is the vanguard of the working class, at the same time as the vanguard of the working people and of the people of Vietnam, the faithful representative of the interests of the working class, working people and the whole nation, according to the Marxism-Leninism and Ho Chi Minh Thought; is the force leading the State and society.

The amended Constitution also clarifies the nature and pattern of economic management role of the State in the socialist-oriented market economy, the ownership and business freedom, property of the people’s ownership, land use and management.

At this session, the National Assembly will consider and discuss for the first time the draft amendment of the 1992 Constitution and pass a resolution on collecting the people's opinion on this draft.

Then, the Committee for draft amendments to the Constitution will gather, synthesize and revise the draft to submit to the National Assembly for consideration at the fifth session in May 2013); then continue to complete the draft to submit to the National Assembly for approval at the sixth session in October 2013.

Linh Thu

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