Amendment of the 2013 Constitution: Creating a legal corridor suitable for new development requirements

Mr. Le Ve Quoc, Director of the Department of Legal Dissemination,Education and Legal Aid: The amended 2013 Constitution will become the basic original law for us to continue implementing the revolution of streamlining the apparatus. Photo: VGP/Kim Lien

The revised content is concise, getting to the core and essential issues.

Sharing with reporters of the Government Electronic Newspaper, Mr. Le Ve Quoc, Director of the Department of Legal Dissemination, Education and Legal Aid ( Ministry of Justice ) said that, in line with the flow of the revolution of streamlining and innovating the state apparatus, ensuring effectiveness and efficiency, the amendment of the 2013 Constitution is an inevitable and objective requirement.

As an original law, a basic law, this amendment to the Constitution focuses on the core and fundamental contents, directly related to the political apparatus; will help develop institutions as well as create solid legal bases for the government at all levels to operate more effectively in the coming time; at the same time, best meet the people's expectations as well as the practical requirements of the renovation process.

The content of this amendment to the Constitution can be seen to be very concise, focusing on very central and fundamental issues, and the way of doing things is very innovative (the participation of the entire political system in a short period of time and the strong application of digital platforms in collecting public opinions).

For example, the Ministry of Public Security - the unit in charge of collecting people's opinions through the VNeID platform. Through this platform, the collection of opinions is carried out very accurately, completely, clearly, promptly, and transparently in terms of how many times opinions were collected, how many people participated in the collection of opinions as well as gender, religion, age and other characteristics.

"This is very valuable input information that helps the Constitutional Amendment Committee make timely amendments based on people's opinions," Mr. Le Ve Quoc emphasized.

On the side of the Ministry of Justice, Mr. Le Ve Quoc said that the Ministry of Justice is the standing agency for the Central Council for Dissemination of Legal Education. Immediately after the Constitutional Amendment Committee made a specific request, the Ministry advised the Central Council for Legal Education to issue an official dispatch to guide and urge all ministries, branches and localities. On that basis, all documents related to collecting public opinions were posted promptly and simultaneously on the Information Portals of ministries, branches and agencies; the participation of press agencies also contributed to promptly spreading the spirit of the renovation revolution, consensus and excitement among the people.

"With those innovative approaches and the high sense of responsibility of the people, I believe that the 2013 Constitution will be amended to be truly refined, accurate, and fully, comprehensively, and deeply meet practical requirements; reflect the breath of life and become the basic original law so that we have a solid legal basis to continue implementing the revolution of streamlining the apparatus in the coming time; contribute to enhancing the capacity, effectiveness, and efficiency of the entire political system, creating a solid premise to enter the new era," Mr. Le Ve Quoc emphasized.

Promote decentralization to local government

Prof. Dr. Phan Trung Ly, former Chairman of the National Assembly's Law Committee. Photo: VGP/Kim Lien

Prof. Dr. Phan Trung Ly, former Chairman of the National Assembly's Law Committee, completely agreed with the policy of amending and supplementing a number of articles of the 2013 Constitution to meet the requirements of restructuring the organizational system and the State administrative apparatus towards streamlining, improving efficiency, effectiveness and efficiency. At the same time, he agreed with the serious, careful and elaborate way of working of the Committee on amending and supplementing a number of articles of the 2013 Constitution and basically agreed with the contents presented in the draft Resolution amending the 2013 Constitution.

Agreeing with the amendment of Article 9 and Article 10 of the 2013 Constitution as in the draft Resolution, Prof. Dr. Phan Trung Ly analyzed that the provisions of the draft Resolution aim to implement the policy of streamlining the organization of the political system, overcoming the duplication of organization, functions and activities between the Vietnam Fatherland Front and socio-political organizations, thereby enhancing the institutional nature and constitutional validity of the Constitution.

At the same time, it properly demonstrates the central role of the political-social alliance of the Vietnam Fatherland Front in the political system, in line with the policy of innovation and restructuring of the apparatus according to the Resolution of the Central Committee.

However, Professor Phan Trung Ly suggested that it is necessary to demonstrate the central, unified role of the Vietnam Fatherland Front, while ensuring the promotion of the role of socio-political organizations and social organizations.

In addition, it is necessary to thoroughly grasp the guiding viewpoint of General Secretary To Lam on innovation in constitutional and legislative thinking, "only regulating issues of principle, not too specific in detail" in the direction that in Article 9 and Article 10 of the amendment only regulate the Front and socio-political organizations, social organizations, without specifically regulating the names of the 5 socio-political organizations.

Regarding the amendment of regulations on administrative units and local governments, Prof. Dr. Phan Trung Ly basically agrees with the amendment to implement the requirements of streamlining the organization, overcoming overlaps and duplications in the organization and operation of administrative units and local governments, eliminating the intermediate level (district level), and organizing local governments in accordance with the characteristics of rural, urban and mountainous areas and islands. When eliminating the district level.

"We need to have a form of recognition and commendation for the contributions of the district level during the past process of building and defending the Fatherland," emphasized Prof. Dr. Phan Trung Ly. However, he also suggested that the two administrative levels at the local level should be the provincial level, centrally-run city level and the grassroots level (commune level). At the same time, the concept of People's Committee and People's Council should be defined in a broader and more general way.

Clause 3, Article 110 of the draft Resolution states: "The determination of types of administrative units below provinces and centrally-run cities and the order and procedures for establishing, dissolving, merging, dividing administrative units, and adjusting administrative unit boundaries shall be prescribed by the National Assembly."

According to Professor Phan Trung Ly, it is necessary to maintain the regulation on "collecting public opinions on the establishment, dissolution, merger, division of administrative units, and adjustment of administrative unit boundaries" and this is regulated by the National Assembly.

Regarding the implementation provisions, Prof. Dr. Phan Trung Ly agreed that the resolution will take effect from July 1, 2025 and that it is necessary to prepare conditions for the resolution to take effect on time.

Mr. Tran Anh Tuan, former Deputy Minister of Home Affairs. Photo: VGP/Kim Lien

Commenting on the content related to local government, Mr. Tran Anh Tuan, former Deputy Minister of Home Affairs, proposed that it is necessary to add a clause to Article 111 of the draft Resolution as follows: Local government is organized at only two levels, including: Provincial government and sub-provincial government. Thus, whether a province or centrally-run city is divided into wards, communes, inter-wards, inter-communes, special zones or other names such as prefectures, towns, and cities, the local government organized there is still a sub-provincial government and is only one level.

To abandon the mindset of "not knowing but still managing, what cannot be managed is banned"; to eliminate the situation where a matter has been assigned authority but still has to be asked to the Central agencies or related agencies; at the same time, to contribute to enhancing the confidence of the leadership team, daring to decide, daring to do, daring to take responsibility for the benefit of local development, according to Mr. Tran Anh Tuan, the content of Article 112 of the draft Resolution needs to be studied and revised more strongly on the issue of decentralization between the Central and local governments.

For example, Clause 1, Article 112, which stipulates: "local authorities decide on local issues as prescribed by law" needs to be amended to "local authorities decide on local issues"; then the Law on Organization of Local Government will provide specific regulations. Or, according to him, the tasks and powers of local authorities, if possible, should be generally regulated in this Constitution, at least on matters of principle.

Mr. Tran Anh Tuan also suggested that it is necessary to pay attention to strengthening the role of the Vietnam Fatherland Front, member organizations, enterprises, social organizations, and professional societies in controlling power when implementing strong decentralization to local governments and to implement effective local governance.

Kim Lien

Source: https://baochinhphu.vn/sua-doi-hien-phap-2013-tao-hanh-lang-phap-ly-phu-hop-voi-yeu-cau-phat-trien-moi-102250515181919669.htm