Special Constitutional Amendment

The Constitution is the fundamental and very important law of each country, the highest legal document regulating the main, principled and fundamental relationships of social life, with a very strict process of making and amending. However, the Constitution is not immutable, but needs to be amended and supplemented to suit the development of society and the interests of the People. Since the founding of the country, Vietnam has amended the Constitution 5 times.

The 1946 Constitution was the first Constitution of the Democratic Republic of Vietnam, marking an important turning point in the process of building and developing the country. The 1959 Constitution marked a new step of development of the Vietnamese State in the period when the North built socialism. The 1980 Constitution marked a new step of development in building socialism when the country was completely independent. The 1992 Constitution was called the Constitution in the early period of the renovation process, reflecting the new step of development of the State in this period. The 2013 Constitution reflects the continued development of the country in the period of renovation and international integration.

In 2025, the Constitution will continue to be amended, but in a limited manner, expected to only involve about 8/120 articles of the 2013 Constitution, with a focus on 2 groups of contents. Specifically: Regulations related to the Vietnam Fatherland Front, socio -political organizations; regulations in Chapter IX to implement the 2-level local government organization model; with transitional provisions to ensure that local governments operate smoothly and without interruption, in line with the planned roadmap for arrangement and merger.

The Standing Committee of the National Assembly comprehensively assessed the process of more than 11 years of implementing the 2013 Constitution, the 2015 Law on the Vietnam Fatherland Front, and the 2015 Law on Organization of Local Government (amended and supplemented). At the same time, it pointed out the results achieved; shortcomings, limitations and causes; thereby making recommendations and proposals to amend and supplement a number of articles of the 2013 Constitution. The Standing Committee of the National Assembly emphasized the requirement to amend and supplement the Constitution in the context of building a modern national and local governance, applying digital technology , and integrating internationally. The goal is to streamline, focus on focal points, reduce intermediate levels, improve the efficiency of handling administrative procedures, gather the masses, and reduce overlap. Innovation must go hand in hand with improving the quality of cadres, applying technology, and combating waste. The amendment also aims to thoroughly grasp the spirit of the Party's resolutions on innovation of the political system's apparatus and building a socialist rule-of-law state.

Specifically, the National Assembly Standing Committee proposed to amend and supplement Article 9 in the direction of more comprehensive and general provisions on the position, role, functions, tasks and powers of the Vietnam Fatherland Front and its member organizations according to the new organizational model after the reorganization. At the same time, it affirmed that the Vietnam Fatherland Front is a part of the political system led by the Party, is the political foundation of the People's government, represents and protects the legitimate and legal rights and interests of the People. Article 9 is expected to be amended and supplemented in the direction of generalizing the socio-political organizations (trade unions, farmers' associations, youth unions, women's unions, veterans' associations) under the Vietnam Fatherland Front, operating uniformly within the Vietnam Fatherland Front, but still maintaining relative independence.

It is expected to amend and supplement Article 10 to ensure the inheritance of the position and role of trade unions, consistent with Article 9 after amendment and supplementation, regulating the role of workers' representatives at the national level in labor and international relations. Amend and supplement Article 84 in the direction of no longer stipulating that the Central agencies of member organizations of the Vietnam Fatherland Front have the right to submit draft laws and ordinances.

Regarding local governments, the National Assembly Standing Committee proposed to amend and supplement Article 110 in the direction of: Not specifying in detail the system of administrative units with the names of each type of unit according to 3 levels, but only providing general regulations for 2 levels (provinces, centrally run cities; administrative units below provinces, centrally run cities). The Law on Organization of Local Government will specify administrative units below the provincial level (communes, wards, special zones), to meet the requirements of implementing the arrangement of administrative units, ensuring the long-term stability of the Constitution.

Propose to amend and supplement some technical contents in Articles 111, 112, 114, 115 in the direction of not using the term "local government level" to show the unity of the model (including People's Council and People's Committee), avoid confusion, and adjust regulations to suit the new organizational model. Promote decentralization and delegation of power between central and local State agencies, creating initiative for local governments according to the principle of "locality decides, locality does, locality is responsible"...

The time for amending and supplementing a number of articles of the Constitution must be completed before June 30, 2025 to take effect from July 1, 2025. It is expected that about 1 month (from May 6 to June 5) will be spent to collect public opinions on the amended contents, through many forms, to ensure that the process of amending Vietnam's supreme legal document complies with strict legal regulations, has legality and high consensus. From there, it will serve as a basis for continuing to implement the next steps in the journey of "innovation of innovation", "breakthrough of breakthrough", marking a great transformation of the country.

Source: https://baoangiang.com.vn/lan-sua-hien-phap-dac-biet-a420417.html