VietNamNet Bridge – A conference was held in HCM City recently to collect experts’ opinion on chapter 9 of the draft amendment to the Constitution 1992 on “local government.”



Dr. Truong Dac Linh from the HCM City Law University.

Dr. Truong Dac Linh from the HCM City Law University, said that chapter 9 on the local government is "the weakest chapter" in the draft amendments to the Constitution because it does not identify the principle of "guaranteeing the right to autonomy and responsibility of local authorities within the scope of decentralization" that was defined by the 10th Party Congress.

At the same time, it does not identify the most important subject of the local government – the local community (local people), the forms of exercising power directly and through local government agencies of the people, said Dr. Linh.

"Currently, officials sell and lease land easily but if the people are the most important subject, that will not happen because the people will control, directly elect the head of the local administrative bodies," Linh explained.

Dr. Linh suggested that the Constitution should determine: "The local government has the right to organize and operate under the principle of autonomy and self-responsibility within the hierarchy as prescribed by law. Local people directly exercise power in the locality and through local administration agencies that are established under law."
According to him, this is the constitutional basis for fundamental reform of local governments in the future when Vietnam builds the law on local government organization after the amended Constitution is approved.
Dr. Nguyen Cuu Viet applauded Dr. Linh’s opinion, saying that the spirit of self-reliance and self-responsibility is written in the documents of the Party and it should be added to the constitution.

He said autonomy and self-responsibility are the core of self-governing at localities. "Self-governing does not mean that there is no control. Only with self-governing, localities can develop," he said.



Dr. Nguyen Cuu Viet.

"I think chapter 9 on the local government should be rewritten," he said.
Dr. Tran Du Lich said, chapter 9 of the draft amendment to the 1992 Constitution is unsatisfactory. According to him, the current point of view sees the People’s Council as the subordinate of the National Assembly.
"This viewpoint must be reviewed. The People’s Council is not subordinate to the National Assembly. We design the model of local government in the direction of self-government, not subordinate to anyone," said Dr. Lich.
Mr. Dao Tri Uc, member of the Editorial Board to amend the Constitution, said that local self-government is the peak of decentralization. "But we are in the transition period, so how to design to approach to self-government, not to impede the progress because progressing to self-government – decentralization is the rule that we cannot resist," said Uc.
Ta Lam