Thứ Bảy, 27 tháng 10, 2012

Constitutional Amendment - The view of a graduate student of the Law in particular and what to expect from the people of Vietnam the country in general




Needs to modify the terms of the Constitution of the Socialist Republic of Viet Nam in the context of the current country is extremely urgent and is the sole desire of the Vietnamese people in the country today. Especially cancelation request immediately with Article 4 of the Constitution, a clause causes much debate among lawmakers because of its unreasonableness. Article 4 of the Constitution not only filled this long conflict with the claims of the Vietnamese communist government who always emphasizes to domestic and international public opinion that: Vietnam is a jurisdiction state. However, as stipulated in Article 4 of the Constitution, the executive power and the unique position of leadership of the Communist Party of Vietnam (including 14 members of the Politburo) and recognized as true then conflict with the statement of the Party for so long that ownership always belong to the people, and in stark contrast to certain standards of a jurisdiction state when the Communist Party of Vietnam has always sat up on the law Vietnamese and this makes really become a totalitarian state than a state of law as the current review of the graduate student Nguyen Hoang Lan who is protecting PhD thesis under the Central Constitutional Democracy Center Indiana University in particular and Vietnamese people in general.

Say is so, but in fact, the Party and the Vietnamese communist totalitarian government accepts the request to modify the terms of the Constitution of the State of Vietnam, especially with Article 4 of the Constitution France is still a far distance is difficult to reach, because if they accept the unreasonableness of Article 4 of the Constitution and cancel it immediately, it means that the leaders of the Party and authorities have to manually cut off the power and position their unique leadership for so long, and so how can they have the opportunity to continue corruption, continue to cultivate the benefits for themselves and their families. Moreover, fear for personal safety and the cost that they must pay is very large when the power and the unique position of leadership of the Party is no longer available, due to crime, and the anguish they have scattered for  honest people is too much and too big that nothing can compensate. That is the cause that the Party Leadership Group and the Vietnamese communist totalitarian government still tries to maintain power and their absolute leadership position even with violence and even when they are aware serious disadvantage, and Implications of course they caused the country that push the economy to the brink of the abyss and created Social unrest today.

We not to rush mention the amendment or supplement to the terms unreasonable of the current Constitution of the State of Vietnam anymore because its impossible. What people need most at this time is just the leader of the Vietnamese Communist Party and the government is to respect and enforce  correctly some of the terms which they themselves prescribed and issued in the  Constitution of Vietnam State is now at some of the following as:

- Article 69
Citizens have the right to freedom of speech, freedom of the press; any right to be informed; rights of assembly, association, demonstration according to the law.

- Article 70

Citizens have the right to freedom of belief, religion, or not practice a religion. All religions are equal before the law.

The places of worship of all faiths and religions are protected by law.

No one can violate freedom of belief, religion or misuse beliefs and religions to contravene the law and State policies.

Article 71

Citizens have the right to inviolability of the body, are protected by the law of life, health, honor and dignity.

No one was arrested, if there is no decision of the People's Court, decision or approval of the People's Procuracy, except for the case of flagrant offenses. The arrest and detention must be lawful.

Prohibit all forms of coercion, torture, honor and dignity of citizens.

Above are some of the most basic and most practical terms that Vietnamese people throughout the country for so long has always expect the respect and implement it properly from the Vietnamese Communist Party and government. Unfortunately, even the strict implementation and correct their own terms and regulations promulgated in the Constitution mentioned above is not met, let alone to amend or cancel the terms of unlawful of the Constitution is the provision to a direct impact on power, interests and unique leadership position of the leaders of the Vietnamese Communist Party and government. In Article 79 of the Constitution, which specifies that citizens have the obligation to comply with the Constitution and laws of State ...... so means that if the people violate the Constitution, national laws will be severely punished by law. But we do not see the Constitution provides that if government officials (all levels) in violation of the Constitution and national laws, the law severely punished or not? Perhaps this lack has encouraged government leaders at all levels become despised the law, the National Constitution and free to do whatever they want without fear of legal sanctions or punishment.


Saturday, 27/10/2012

News / Vietnam

Constitutional Amendment - The view of a graduate student in the Law

Nguyen Hoang Lan, a graduate student working at the Center for Constitutional Democracy Indiana University.


Current status of Vietnam after the 6th Congress of the Communist Party Central Committee, after the highest leaders publicly acknowledged serious mistakes but do not be disciplined, have highlighted the need to set power control mechanism and amending the Constitution.


Vietnamese American voters think what after the presidential debate?

Vietnamese activists protest  moved a bear zone 

Prime Minister of Vietnam 'accept error' on the serious economic losses 

Some reactions after the 6th conference of the Communist Party of Vietnam 

Vietnamese Communist Party admitted defeat against corruption 

According to Nguyen Hoang Lan, a graduate student working at the Center for Constitutional Democracy University of Indiana, the demand on the one hand, comes from real life, from Vietnam to join the international community and the need to comply international legal principles, and on the other hand, comes from the state government agencies, local authorities and central "abusing the law to behave arbitrarily, causing social injustice, as land acquisition corruption or abuse of power, "leading to the need to amend the Constitution on the right to own land as well as the mechanism of control of state power.

Amendment modification

Hoang Lan said: "The need for a constitutional amendment at this time it is the need to build a rule of law, in which no one has the right to stand on the Constitution and the law. But in Vietnam, the need to amend the Constitution this time it comes from a deeper cause politically. Specifically, the current Constitution it hinders the urgent reform. That's because the political perspective as the basis for the Constitution at present it does not fit and even, contrary to the aspirations and needs of society. Specifically, the Constitution now mostly based on centralized democratic model and ideology of the proletariat-style Soviet Russia, while the Vietnamese society in the 21st century need to be free and have an open market economy, need a political system that compete for that talent to lead the country, should have the power control mechanism in order to avoid corruption. "

Hoang Lan noted that the Constitution of 1959 imposed the Russian Soviet-style model, and the Constitution of Vietnam continue to follow that model, while the people never be determined constitution, is still regarded as "a contract by which people deal empower the state, and at the same time limiting state power by establishing mechanisms to control and balance of power, the provisions of fundamental rights of the people. " Hoang Lan said the reason for that amendment to the Constitution at this time is extremely important, because it will determine the legitimacy of the regime.

She continued: "If the Constitution has never been blessed by people, also means that the current state of power has never been approved by the people. Said amendments to the Constitution this time will fix what, edit how, and have been blessed by people or not, it will decide the legitimacy. "

What are the many pressing issues, the most pressing need to modify? Answer this question, Hoang Lan once said:

"The thought of Lan\ as well as through observation of discussions in the country, the need to establish the separation of powers between the three branches legislative, executive and court, it should be clear delineation of power between central and local levels, there should be an independent court system to the ruling party can not interfere with the judiciary. Also, people are saying the Communist Party's ability to separate from the state to become a component of equality with the other components in the social and political life, but the Communist Party can not continue to be an the despotic apparatus, standing above the law, above all the people. "

But how to make the separation of powers in the power concentrated in the hands of a party, or a handful of people in the Politburo?

"Her question is the answer ... There can be no separation of powers in a one-party regime. Power can not be controlled when only one party political monopoly. As Lan said the issue amendments to the Constitution it is not only a legal issue but also a matter of the nature of the political regime, and the political vision of the country. The Communist Party is still keeping the democratic mentality focus, keeping the one-party regime to protect the economic interests as well as their political rights, but the people now people are thinking about people all very different. They are demanding a democratic state with a limited power, political competition, not just one party. The demands on the separation of powers it shows the control requirements and power restrictions, limitations and power control can not be done in a one-party regime. "

Some events in the past, like the Doan Van Vuon, caused extreme anger in the country, lead to the need to amend the Constitution on land ownership, accompanied by economic equality between State sector and private sector and environmental protection issues, Hoang Lan also highlights another important special needs:

"There should be a mechanism for the implementation of the constitution, a constitutional court or a mechanism to that give jurisdiction Constitution to the Supreme Court instead of putting these rights into the hands of the National Assembly or the Standing Committee of the National the present. "

Another right is being actively discussed both at home and abroad, the right to protest, so that people can speak their expectations about a particular subject area. Hoang Lan said her opinion on this right:

"It definitely is a need to highlight important right clearer, and especially the need to have an enforcement mechanism to protect that right."

In the current Constitution, the contradiction between the words of the country's supreme text with the actual political or legal fact actually happened. One of these conflicts is related to Article 4 of the Constitution, provides the unique leadership of the Communist Party of Vietnam, or in other words, of the 14 members of the Politburo of the Communist Party of Vietnam, while before the next party has declared that sovereignty belongs to the people. Hoang Lan for comments on Article 4 of the Constitution, which is causing debate:

"Lan said that such a provision it is a contradiction, it goes against the nature of the republic because everyone knows that in a republic, the sovereignty belongs to the people, and the people elect leaders through free and fair elections. This is also the very thing 4 it will make the goal of building the rule of law in Article 2 of the Constitution it would be difficult to practice, not become thanoh reality because Article 4 of the Constitution it makes Vietnam a totalitarian state instead of a state of law. "

Constitution is the supreme document, which governs the entire society in all respects, the document is committed to protecting the civil rights and human rights, but in fact many people have been harassed, persecuted because the exercise of these rights have been enshrined in the Constitution, based on the fact that, should draw lessons when drafting the new Constitution? She Hoang Lan said Constitution is a necessary condition, but besides that, there must be a sufficient condition:

"In the Constitution is a necessary condition because if only one party in power as Vietnam now, with nothing to stop them trample the Constitution or violate the rights of the people. The reality in Vietnam today, the fact that she said that, it is the living proof of that status. , Next to the Constitution is necessary, there must be a sufficient condition. The sufficient condition is a political mechanism to open, free and competitive. There is no other way to defend the Constitution and protect the people's aspirations except that the political mechanism. There must be some fundamental principles can not be violated, for example, first, to have free and fair elections for the people can depose political leaders, who look down on people and violate the rights of the people. The second is the need to have a healthy civil society, uncensored, not being followed, not suppressed. The third thing is to have two things that Lan said, free elections and a healthy civil society, it is necessary that a number of fundamental civil rights such as freedom of speech, freedom of association, freedom of the press, it is essential to be sure. "

Dear listeners, just then is the opinion of the Hoang Lan, a graduate student thesis Doctor of Law at the University of Indiana. She Hoang Lan graduated Bachelor of Laws, University of Rennes in France, has two Master of Law at the University of Panthéon-Assas and the University of Paris, currently protected Ph.D. specializes in Constitutional Law Constitutional Democracy in Indiana University. She is also a member of the legal research of the Democratic Party of Vietnam.

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