Semi-monthly magazine on freedom of speech issue No 160 (01-12-2012)

                  







       THE TRUTH - JUSTICE - LOVE






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  Dear to you, our Supporters, Our Readers
- Semi-monthly magazine on freedom of speech issue No. 160 release dated 01 -12-2012,
- The editorial of the semi-monthly magazine.
Thank you received and abetting common, especially popular back in the country for dear compatriots.

        The editorial board of the newspaper TDNL




       Amendment: farce and hoax!!!

Semi-monthly magazine on freedom of speech issue No
 160 (01-12-2012)



            Professor Carl J. Friedrich (1901-1984), an American international experts on the Constitution (HP), determine: "HP is a document raises particular political institutions, not only to present the characteristics of the National / State, but also to limit the actions of the government. " Associate Professor Pham Duy Nghia (currently the Dean of Law, University of Economics, SG, and a former Fulbright scholar, Harvard Law School, USA), in "Feedback amend and supplement the 1992 Constitution", also with a similar idea: "First of all, note that HP is a people's contract set up to control state power. HP written to bind the government, not to the right people. But in some countries, HP did not understand the meaning. Some countries use HP as the program of the state, the leaders; democratic countries, HP written to bind the government. "

            5th Central Conference of the Communist Party (ie the government of Vietnam), in session from 6 to 15-5-2012, officially talk of amending the current HP. In this conference, General Secretary Nguyen Phu Trong has addressed many issues closely related to the content HP as the political system, institutions of power, economic regimes and policies on natural resources ... (Cf. BBC 15-05-2012). Since then, many other documents, especially the closing speech 6th Central Conference (15-10-2012), important issues related to HP as just said has been repeated with same inherent stance of the communist party. Stance that is the Party Platform 1991 was amended and supplemented in 2011 that the draft amendment HP 1992 will have to adhere to, such as National Assembly Chairman Nguyen Sinh Hung has raised in the first session of the Commission draft on 8-8-2011 in Hanoi and also reiterated recently on 23-11-2012, when the Resolution of the National Assembly of People's opinions on the draft amendments HP through (Time for comments This started from day 2-1 to 31-3-2013).

            Read Platform and party documents "directing" the amendment, that now remains only VCP used HP for state power increasingly unregulated, more government action is not limited , people still continue to live in the state, thanks, you right. In other words, the scheme used New HP to maintain totalitarian political, economic monopolies, exclusive resourcefulness and unique culture.

            1 - Political Dictatorship

            Part IV of the Platform affirms: "The Communist Party is the vanguard of the working class, at the same time as the vanguard of the working people and the nation of Vietnam; faithful representative of the interests of the working class, working people and the nation. Party took Marxism-Leninism and Ho Chi Minh City as the foundation of thought, the guideline for action with democratic centralism as the basic organizing principle .... Communist Party is the ruling party, leading the State and society. "That is Article 4 HP will be retained. Committee Draft has calves almost the same phrase in Article 4, it just added a family full of Vietnam civil fraud: "Party closely connected with the people, serve the people, under the supervision of the people, shall accountable to the people on their decisions. Party organizations and Party members active in the framework of the HP and the law ". (VietnamNet 6-11-2012). Platform also states:" The power of the state is unified; assigned and coordinate and control between agencies in the implementation of the legislative, executive and judicial ... State is not separation of powers. "
     
            When the party's Central Executive Committee XI 5th meeting dated 7-5-2012 to discuss amending the current HP, General Secretary Nguyen Phu Trong has previous fence will not discuss the legislative, executive and judicial separation and independent of each other. Means the party is determined to keep his totalitarian monopoly regime, hug 3 ultimate political authority, to the people can not control the party and replaced.

            2 - Exclusive economic,

            Said first platform to "Development-oriented market economy socialist" even "with many forms of ownership and economic sectors, forms of business organization and forms of distribution", then followed by assertion: "Economic state plays a key role. Collective economy is constantly strengthening and developing. State economy with collective economy increasingly became the foundation of the national economy, "though" the private economy is one of the driving forces of the economy. Foreign-invested economic development is encouraged. "

            Speaking on 15-10-2012 by Nguyen Phu Trong also repeated the same allegations: "Central further confirmed the key role and the important results achieved by state-owned enterprises ... Resolutely adjusted to state-owned enterprises with reasonable structure, at the forefront of innovation, science and technology applications, maintaining the socialist orientation of the economy ... Additional urgently, perfecting the management of state enterprises .... "

            That is whether the Platform states: "The legal economic activities are important components of the economy, equality before the law, and long-term development, cooperation and competition healthy "but so far, despite the failure of e cover, terrible losses and damage wisdom of the enterprise state-owned corporations, the Communist Party still regards it as his little pet, continue to seek to include measures, shielding, save almost profiteering. As the private sector of the people-Unbelievable outside-continue to be flat in the long run.

            3 - Single resourcefulness

            But the party platform in 2011 was no longer the phrase "public ownership regime of the major means of production" as Platform for 1991, but the signal can not see this as the "green light" to the regime of land ownership may change during the upcoming amendment HP. Because in the Central Conference Closing Remarks 6, Nguyen Phu Trong said: "Central to continue said: The right to use land is a special type of property and goods, but not the title ... proactive land acquisition according to plan, plan to land use; direct implementation of land acquisition, land clearance, compensation and resettlement assistance ... Do not let the direct investor agreement with land users on compensation, transfer of land use rights ... ". In this spirit, in the sessions of the National Assembly on the draft Land Law dated 19-11-2012, the vast majority of the 52 delegates for comments agreed with the current regulations, which was reaffirmed in the draft Land Law: "Land is the property of the people by the State representing the owner."

            Almost everyone knows that the concept of land owned by the whole people is unknown, ownership people is nowhere rights, the state represents the owner is contradictory. Weird concept that (borrowed from the Soviet Union, before it disbanded about a decade) is a strange concept, known only in Vietnam from the HP 1980 (Article 19). Before that, it does not exist for thousands of years of history of the nation and is also very rare in the world. In Vietnam in the past and in most countries around the world, often with well-defined 3 types of land ownership: state ownership (rather than the entire population); community ownership; private property (of individuals and private organizations). That is only natural persons and legal entities can be owners of anything. State organizations have legal status as a legal entity, the individual is the person who they can and they just might be the owner. "All people" sounds noble but is not a legal entity nor is the person should not be the owner. But the amendment of the monstrous absurdity which has existed for 32 years like that is hard to do in modifying HP this time. Because if party resource not embracing the country, how can maintain absolute leadership over society as Article 4 confirmed?

            4 - Single religious culture.

            As confirmed in the platform and in the Draft HP: "Party take Marxism-Leninism and Ho Chi Minh City as the foundation of thought, a guide for action", the regime continues to pursue fighting atheism, unique cultural policy and the way to destroy the church. Everyone knows that the communist regime is totalitarian, political ambition from management to economic and cultural, that is, to make the stomach to the human mind and heart. It is in this spirit that the government has issued a new decree aims to wipe out religion religious freedom, to become the party of all conscience and values. It's "Decree 92 Detailed regulations and measures for implementation of the Ordinance of belief and religion," by Nguyen Tan Dung signed on 8-11-2012 and take effect from the date of 1-1-2013. This Decree replaces Decree 22 issued in 2005, is the first text to guide the implementation of the Ordinance on Belief and religion was adopted in 2004. Many reviews have said that the new decree is a rope noose tightened on ancient religions, because the government is afraid this will be a factor in social change and the Eastern European regimes.

            In short, the amendment HP this time, was drafted by a committee of 30 people that more than 75% of the legal profession, the rest of the party was "structural" in the specialized agencies related to forest law socialist, then "direct" oriented to maintain the authoritarian political party, economic monopolies, exclusive ownership and unique cultural resources, then, despite the fanfare in press (special page, a column on Draft amendments HP), has been the public authorities relentlessly "to get people's opinions," "to be blessed by people", then ultimately is a farce and hoax. Opinions of citizens of good will to build a democratic pluralistic HP will surely be thrown in the trash, can even become evidence to the applicant was taken to court over the "defamatory State, denied the leadership of the Party and prevent the country forward socialist beautiful. "


            Editorial Board



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