VietNamNet Bridge – Participants in the workshop held by the Vietnam Fatherland Front (VFF) said that on the occasion of amending the Constitution, Vietnam should carry out some reforms, such as allowing the people to directly elect the President and combining the Party General Secretary and the President into one position.
One of the contents discussed at the recent workshop is to identify the real power to the President in the Constitution.
Compared with the current regulations, the entire Chapter VI (on the President) in the revised draft Constitution stipulates more clearly about the power of the President as "the Head of State, on behalf of the Socialist Republic of Vietnam on domestic and foreign affairs."
However, according to Mr. Tran Van Ta, Chair of the Vietnam Auditors’ Association, the draft Constitution should further emphasize the real power of the President.
He suggested supplementing and clarifying the authority of the President in supervising the operation of the government, the Prime Minister because this is the title recommended by the President to the National Assembly’s election. At the same time, the President shall have power to convene (not require) the Government and the Prime Minister to discuss the relating issues.
Ta also proposed to take advantage of amending the Constitution to carry out some reforms, such as the people directly electing the President, combining the title Party General Secretary and State President into one.
Mr. Nguyen Huy Board, from the Association of People with Disabilities added that looking to the neighboring countries, one could see that the progress of institutional reform in Vietnam is still slow. On this occasion, Vietnam should boldly apply new reforms.
Human rights is essential
Suggestions for specific terms relating to a number of fundamental rights of citizens, many participants said the phrase "prescribed by law" in the regulation "citizens have the right of speech freedom, media freedom, being informed, gathering, setting up association, demonstrating as being prescribed by the law."
Ta said the Constitution should recognize the rights of the people as the natural rights in a state of law. Because if this does not clarify this, it can easily lead to the realization that these are the rights of ask-give.
"Writing as the current law will make people understand that the aforementioned rights are the rights that the state is giving to the people, not the rights that the people naturally enjoy," he said.
Professor Nguyen Lan Dung, Vice President of the Association for Contact with Overseas Vietnamese, said the phrase "prescribed by law" is very vague and can lead to the ability to apply in every way, even inconsistent with the spirit of the Constitution of many countries.
He said, the law can change at each stage, but the Constitution is the original law, that must be maintained for many years and is an effective tool against any unconstitutional behavior.
"I suggested editing the phrase "prescribed by law" by “if the freedom is not contrary to the wishes and happiness of the people,” Dung said.
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