Amendment to the 2013 Constitution: Need to clearly demonstrate two-level administrative units

Dr. Dao Ngoc Nghiem, Vice President of the Vietnam Urban Planning and Development Association. Photo: VGP/Dieu Anh

Innovation to suit development requirements

Commenting on Article 110 of the draft Resolution amending and supplementing a number of articles of the 2013 Constitution of the Socialist Republic of Vietnam, which stipulates that administrative units of the Socialist Republic of Vietnam include provinces and centrally run cities and administrative units below provinces and centrally run cities, the majority of experts proposed a regulation clearly showing that administrative units are at two levels.

Dr. Dao Ngoc Nghiem, Vice President of the Vietnam Urban Planning and Development Association, said that amending and supplementing a number of articles of the Constitution is necessary, reasonable and urgent. In particular, Article 110 and Article 111 are innovative breakthroughs to suit development requirements.

However, the expression of administrative units below provinces and cities is still general and does not closely follow the ongoing organizational work. Therefore, it is proposed to amend it to "Administrative units below provinces and centrally-run cities include communes, wards and towns as prescribed by the National Assembly ".

"The plan to organize a two-level government from July 1 needs specific guidance and the National Assembly Standing Committee needs to adjust the two issued resolutions, Resolution 1210/2016/UBTVQH13 on urban classification and Resolution 1211/2016/UBTVQH13 on administrative unit standards and classification of administrative units; at the same time, promptly issue the above two resolutions to create effectiveness and efficiency for this constitutional amendment to come into practice," Dr. Dao Ngoc Nghiem frankly said.

Commenting on Clause 3, Article 110, which stipulates "The determination of types of administrative units below provinces and centrally-run cities and the procedures for establishing, dissolving, merging, dividing administrative units, and adjusting administrative unit boundaries are prescribed by the National Assembly", Dr. Dinh Hanh, Chairman of the Economic Council (Vietnam Fatherland Front Committee of Hanoi City) proposed to keep the provision "must consult local people" as in the 2013 Constitution.

Because this is very necessary, directly related to the legitimate rights and interests of the people, this is also the democratic right of the people that has been stipulated in the 1946 Constitution and democracy has been, is and will be the inevitable trend of the world today.

Enhancing the role, position and affirming the real power of the Front

Ms. Trinh Huyen Thai, former Vice President of the Hanoi Fatherland Front, said that in Article 9 of the draft, the Vietnam Fatherland Front was added as a part of the political system of the Socialist Republic of Vietnam led by the Communist Party of Vietnam, raising the role and position, affirming the real power of the Vietnam Fatherland Front.

Lawyer Le Duc Binh. Photo: VGP/Dieu Anh

The draft regulation that major socio-political organizations, directly under the Vietnam Fatherland Front, operate in a unified and coordinated manner under the leadership of the Front is a fundamental change, in line with the policy, streamlining the apparatus, overcoming overlaps... This not only affirms the role of the Vietnam Fatherland Front but also needs to clarify the core functions and tasks of uniting, representing, and protecting the interests of the people; implementing democracy, supervising and criticizing society, building the Party and the State...

However, to maximize the strength and not lose the specific initiative of each member organization, the presiding mechanism needs to be specified. In addition, there needs to be a legal mechanism to ensure more effective monitoring and social criticism functions, overcoming the situation of evasion and formality after monitoring and criticism. Therefore, Ms. Thai suggested that further amendments should be made to the Law on the Vietnam Fatherland Front and documents guiding the coordination regulations between the Standing Committee of the Vietnam Fatherland Front and organizations at the same level.

Lawyer Le Duc Binh emphasized that previously, the regulation defined mass organizations as "members" of the Vietnam Fatherland Front, now it stipulates that these organizations are "directly under" the direction and direct management of the Vietnam Fatherland Front in order to reduce the focal point, increase the effectiveness and efficiency of management activities, and legalize the functions, tasks, and organizational structure of the Vietnam Fatherland Front.

According to Mr. Binh, after the amended Constitution is passed and comes into effect, the Party and State need to have measures to evaluate and use the staff, especially leaders at all levels, in a fair and effective manner, meeting work requirements. Do not allow group interests, lobbying, and cronyism.

Besides, it is necessary to have measures to inspect, monitor and strictly handle negative exploitation, favoritism, disunity, and causing local division in the locality.

Dieu Anh

Source: https://baochinhphu.vn/sua-doi-hien-phap-2013-can-the-hien-ro-don-vi-hanh-chinh-hai-cap-102250520123224963.htm