VietNamNet Bridge – The Commission on draft amendments to the Constitution said that the name of the Socialist Republic of Vietnam should be maintained to ensure stability and to prevent distortion that moves the country away from the target and generates more procedures.

Mr. Phan Trung Ly.

On May 20, the National Assembly (NA) listened to the NA’s report that gather people’s opinions and revise the draft amendment of the 1992 Constitution. The report presented by the chief editor Phan Trung Ly covers all amendments to the Constitution.

Regarding the country's name, there are many opinions on this issue, mainly with two different viewpoints. The first group suggested keeping the name “Socialist Republic of Viet Nam.” This name was born in the context of our country just completed the national democratic revolution, unification, making clear the road, the target of building the socialist regime.

"The change of name of the country in the present moment will lead to unfavorable consequences. It may even be distorted of going far from the goal, the path to socialism and making many costly and complicated administrative procedures," said Ly.

The second group suggested to resume the name “Democratic Republic of Vietnam” because this name is associated with the birth of the first republic in our country, is the result of the independence revolution in August 1945. This name is recorded in the Declaration of Independence by President Ho Chi Minh on September 2, 1945, and it was further confirmed in the 1946 and 1959 Constitution, showing the country's political institution and the nature of the state as republic and democratic.

"This group said that the selection of the country's name as Democratic Republic of Vietnam does not affect the goal of building socialism in our country because the Preamble and other provisions of the draft confirm the path of transition to socialism," said Ly.

The Commission of constitutional amendment noticed that the names of the country as Socialist Republic of Vietnam or Democratic Republic of Vietnam clearly express our country’s institution and nature as republic and democratic.

"However, keeping the name of Socialist Republic of Vietnam is to continue to assert the goal, the road to build and develop the country to socialism, to ensure stability and to avoid having to changes the national emblem, seal, national name on documents. Moreover, in over 37 years, the name has become familiar to the people of Vietnam and international friends," Ly affirmed.

Regarding land ownership (Article 57), there are three groups of comments. In addition to the group that supports the draft regulations, the second group suggested the diversity of land ownership, including collective ownership, community ownership and private ownership of residential land. The third group proposed splitting Article 57 into two articles. One article stipulates public ownership and the another is on state ownership. This group said that there should be a clear distinction between the land that is national resource - owned by the people – and the land that the people assigned to the State.

According to the Commission, land, natural resources, the property invested and managed by the State belonging to public ownership is the consistent view of the Party, State and people that has been identified since 1980. The issue of land ownership is not only economic issues but also political - social issues.

To clarify this content, the draft identifies that land, water resources, mineral resources, resources in the waters, continental shelf, air space, other natural resources and other assets invested and managed by the State is wholly owned by the people, represented by the state. Therefore, the committee proposed to maintain the concept of "public ownership" and not use the majority ownership of land.

Land acquisition (Article 58) is important, which both relates to the public ownership of land and the rights of land users. Therefore, the Committee recommends the NA to approve the mechanism of land acquisition because land is owned by the whole people. It cannot be compulsorily purchased because organizations and individuals have the right to use, not own land. However, to ensure that the land acquisition is not abused, the commission proposed to have additional regulations on the principles of land recovery and compensation. Specific content on the conditions and procedures for land recovery and compensation will be determined in the law.

In case of land acquisition for the project for economic and development, the Commission found that the land is an important resource that must be exploited and used effectively to serve the construction, protection and development of the country. Therefore, the land acquisition for the project for economic – social development is necessary.

However, to avoid widespread land acquisition, the draft stipulates that "the State recovers land that is used by organizations and individuals in case that it is necessary for reasons of national defense, security, national interests, public interest and economic social development projects. Cases of land acquisition are stipulated by the law. Acquisition of land must be compensated in a public and transparent manner prescribed by law."

Compiled by Tran Cham