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1992 Constitution revision draft made public for feedback
The content of the referendum on the draft amendments to the 1992 Constitution received many comments of participants at the last session of the National Assembly.
Article 30 in the draft stipulates: "Citizens have the right to vote when the state holds a referendum."
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| NA deputy Nguyen Thi Kim Thuy: The Constitution after being passed by the National Assembly must go through a referendum. |
Deputy Ya Duck of Lam Dong province said that compared with the 1992 Constitution and the amended Constitution in 2001, which stipulates that "citizens have the right to participate in state and social management, to discuss the country's common issues and to propose to state agencies to vote when the state organizes a referendum," the right of the people has been reduced in the current draft.
Justice Minister Ha Hung Cuong said that the draft does not clarify when and for what issues the state has to hold a referendum for, as being specified in the 1946 Constitution. "So this is just the passive rights of the people, whether that right is implemented or not depending on the will of the state," he said.
Lawyer Truong Trong Nghia, a deputy of HCM City, said "the right to a referendum" must be confirmed in the Constitution as a fundamental right of citizens, instead of the understanding that "when the state or the National Assembly organizes a referendum, the citizens have the right to participate."
Deputy Do Van Duong of HCM City proposed to have regulatory provisions on referendum to determine the referendum on important issues of the country and the result of the referendum. "The draft only refers to the procedures and authority," Duong said.
Also related to the referendum, Article 124 in the draft says: "The draft Constitution is adopted if at least two thirds of the total number of National Assembly deputies vote “yes.” The referendum on the Constitution is decided by the National Assembly."
Many deputies still wanted to clarify this provision.
Deputy La Ngoc Thoang of Cao Bang pointed out that in the preface to the 1946 Constitution, with President Ho Chi Minh as the head of the compilation commission, confirmed: The National Assembly drafting the Constitution as being assigned by the people. The amendment to the Constitution is requested by two thirds of the National Assembly deputies, but the changes that have been approved by the National Assembly must be voted by the people.
Thoang proposed the draft to stipulate: "The Constitution is adopted when at least two thirds of the total number of National Assembly delegates approved and the Constitution must go through a referendum."
Deputy Nguyen Thi Kim Thuy of Da Nang also suggested that after being approved by the National Assembly with an absolute majority, it shall be in a referendum before it takes effect.
Minister of Justice Ha Hung Cuong also agreed with deputies Thuy and Thoang.
"This will be the best combination between the representative competence of the National Assembly with the sovereignty of the people, with the people themselves voting on amending the Constitution. I hope that the Constitution will be of better quality and has a longer life. Only with such a move would show the highest respect of the National Assembly for the people, the voters, who elect the National Assembly," he said.
Many deputies proposed addition to the Constitution the right to appeal the decision of the people, who have the right to make final decision on major issues of the country through the state’s organization of referendum on certain issues and must have the support of the majority of the people.
The concept of "the right to appeal the state’s decisions" is not included in the draft amendment of the 1992 Constitution.
Chung Hoang
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