Constitutional Amendment 2013: Intellectuals Emphasize Depth of Reform from Small Changes

Dr. Phan Xuan Dung, Chairman of the Vietnam Union of Science and Technology Associations, speaks at the Workshop - Photo: VGP/Thu Giang

On May 20, in Hanoi , the Vietnam Union of Science and Technology Associations held a workshop "Giving comments on the draft Resolution amending and supplementing a number of articles of the 2013 Constitution and the draft Law on Science, Technology and Innovation".

The workshop attracted the attention of many scientists and experts, especially regarding the content of amending the Constitution - a document of special importance to the political system and social life of the country.

Speaking at the workshop, Dr. Phan Xuan Dung, Chairman of the Vietnam Union of Science and Technology Associations, emphasized that the amendment and supplementation of the Constitution comes from urgent practical requirements, aiming to institutionalize the major policies of the Party as determined at the 11th Conference of the 13th Party Central Committee.

Accordingly, Resolution No. 60-NQ/TW dated April 12, 2025 of the Central Committee agreed on the policy of amending the Constitution to serve the organization and organization of the political system to be streamlined, operate effectively and efficiently, and meet development requirements in the new situation.

At the 9th Session, the National Assembly is reviewing, commenting on and will pass a Resolution amending and supplementing a number of articles of the 2013 Constitution. The amendments mainly focus on regulations on the Vietnam Fatherland Front, socio-political organizations and local governments.

According to Ms. Bui Kim Tuyen, Head of the Advisory and Review Board (Vietnam Union of Science and Technology Associations), widely consulting with sectors, levels and the People aims to promote the right to mastery, intelligence, enthusiasm and consensus among the people, ensuring that the Constitution accurately reflects the will and aspirations of the People.

With the responsibility of being an organization representing the intellectual community, the Vietnam Union of Intellectuals has actively organized to collect opinions and suggestions for the draft amendment to the Constitution in many forms.

Although the scope of the amendment is not large, it has profound significance in realizing new organizational models such as two-level local government, reorganizing administrative units, and streamlining political and social organizations.

Workshop "Giving comments on the draft Resolution amending and supplementing a number of articles of the 2013 Constitution and the draft Law on Science, Technology and Innovation" - Photo: VGP/Thu Giang

Propose to replace the word "directly"

Commenting on specific contents, Ms. Tuyen said that one of the points that many intellectuals in the Union of Associations commented on was the addition of content (5 organizations Thanh, Nong, Cong Phu, Cuu Chien Binh) as socio-political organizations "under the Vietnam Fatherland Front", so consideration should be given when using the word "under the Union".

Because according to the Vietnamese Dictionary, "directly under" means "under the direct leadership of a certain level". In this sense, it would contradict the nature of the Vietnam Fatherland Front as "a political alliance organization, a voluntary union of political organizations, socio-political organizations, social organizations and typical individuals" stipulated in Clause 1 of this Article.

Therefore, the Vietnam Union of Friendship Organizations proposes to replace the word "directly under" with the phrase "is a core member" to both ensure the implementation of the policy of "arranging socio-political organizations and mass organizations assigned by the Party and State into the Vietnam Fatherland Front" in Resolution No. 60-NQ/TW, and not contradicting Clause 1.

Regarding the regulation of administrative units including provinces, centrally run cities and administrative units below provinces and centrally run cities, many opinions suggest studying the addition of "equivalent administrative units" to increase the initiative of the National Assembly and agencies in the implementation process. At the same time, it is necessary to specify more specifically the levels of local government in the Constitution so as not to have to wait for the National Assembly to stipulate.

In addition, the draft Resolution amending and supplementing the Constitution removes the phrase "Chief Justice of the People's Court, Chief Prosecutor of the People's Procuracy" with the reason that in order to implement the Party's policy on streamlining the apparatus, the People's Court and People's Procuracy at the district level will no longer exist and will be replaced by regional People's Courts and People's Procuracies, so there will be no People's Council at the same level to exercise the right to question.

However, according to Resolution No. 60-NQ/TW: "The People's Court and the People's Procuracy have three levels: the People's Court and the Supreme People's Procuracy, the provincial level, and the regional level". According to Clause 1, Article 80 of the 2013 Constitution, National Assembly deputies still have the right to question the People's Court and the Supreme People's Procuracy.

If the regulations are as drafted, there will be no agency to question the People's Court and the People's Procuracy at the provincial level, although there is still a People's Council at the same level.

Therefore, many opinions suggest not to remove the phrase "Chief Justice of the People's Court, Chief Prosecutor of the People's Procuracy" so that the People's Council at the provincial level still has the right to question and to study and supplement appropriate regulations so that the Chief Justice of the People's Court and Chief Prosecutor of the regional People's Procuracy can still be questioned by the appropriate People's Council level.

Giving his opinion, Dr. Pham Van Tan, former Vice President of the Vietnam Union of Science and Technology Associations, said that in practice, there is no organization of the business class (team) that is a member of the Vietnam Fatherland Front, making the nature of the "political alliance, voluntary association" of the Vietnam Fatherland Front not really complete. Therefore, Mr. Tan suggested that the competent authorities study, consider and supplement specific regulations related to this content.

Mr. Dang Dinh Luyen, former Vice Chairman of the National Assembly's Law Committee, suggested that the names of socio-political organizations should not be specifically listed as in Article 9 of the Constitution, because in the future there may be other organizations that are upgraded to socio-political organizations; moreover, currently, ministries, ministerial-level agencies, and National Assembly Committees are not specifically listed in the Constitution.

Regarding Clause 1, Article 110 of the amended and supplemented Constitution as follows: "Administrative units of the Socialist Republic of Vietnam include provinces, centrally run cities and administrative units below provinces and centrally run cities", Mr. Luyen said that it is necessary to specifically stipulate which administrative units below provinces and centrally run cities are to avoid ambiguous understanding.

He cited that the Constitutions from 1946 to the present have all specified the levels and types of local administrative units. The clear definition of local administrative units in the Constitution has great significance, demonstrating the openness and transparency of the Constitution and can be implemented immediately when the Constitution comes into effect.

Thu Giang

Source: https://baochinhphu.vn/sua-doi-hien-phap-2013-tri-thuc-nhan-manh-chieu-sau-cai-cach-tu-nhung-thay-doi-nho-102250520124301682.htm