Thứ Ba, 30 tháng 10, 2012

 Proposed amendments expand President’s power

  
Current President Truong Tan Sang (R) with former President Nguyen Minh Triet
Photo: Tuoi Tre
Vietnam’s state President will have more influence with the power to appoint army generals and admirals under a proposed amendment to the current Constitution as being discussed by the National Assembly.

>> Click here to download the 1992 Constitution

The nine proposed changes to the 1992 Constitution were read out loud by chairman of the Legislative Committee Phan Trung Ly yesterday (October 29) during the on-going fourth session of the 13th National Assembly, the country’s top law-making body, in Hanoi.
Only the President has power to appoint generals
Accordingly, the President “leads the military forces and holds the position as chairperson of the National Defense Commission and Security”. He/she will have the power to appoint generals, admirals, vice admirals, rear admirals; appoint chiefs of staff, or chairpersons of the General Political Department of the People’s Army.
The President also has the power to abolish regulations issued by the Government or by the Prime Minister to ensure unity in the legal system. The President has the right to attend all meeting sessions of the Government besides being able to demand the Government to discuss issues falling within the President’s supervision scope.
Also, the proposal re-affirms Article 103 of the current Constitution regarding the President’s power to recommend to the National Assembly to elect or dismiss Vice Presidents or the Prime Minister.
As for the Prime Minister’s power, he/she is empowered to propose to the National Assembly to appoint or dismiss Deputy Prime Ministers, ministers, deputy ministers or other members of the Government.
The Prime Minister ratifies the appointment of, dismissal of chairpersons and deputy chairpersons of the provincial (city) People’s Committees.
The National Assembly will discuss the suggested changes on the 6th and 15th of November.
Vietnam’s current President is Truong Tan Sang while Nguyen Tan Dung is the incumbent Prime Minister.
The draft rule also affirms Article 4 of the Constitution: that the Communist Party of Vietnam is the vanguard of the working class adhering to Marxism –Leninism and President Ho Chi Minh thoughts. The Party is the leading force of the state and society.
4 terrorism attempts in Vietnam
On the same day, public security minister Tran Dai Quang submitted the draft law on anti-terrorism to the NA.
Accordingly, although no terrorism cases committed by international organizations have been reported in Vietnam, there have been four cases by reactionary forces in exile that have been busted since 2000.
Vietnamese security forces have caught hundreds of exiled hostile Vietnamese elements entering the country with tons of explosives and weapons aimed at carrying out sabotage, terrorism activities.
Due to the complex global issues, the potential risk of a terrorism attack is huge, the security minister added.

President Truong Tan Sang (front R) with top leaders visiting Ho Chi Minh Mausoleum in Hanoi before the National Assembly session this month (Photo: Tuoi Tre)

Eliminate worms in the state machinery
In the afternoon, the National Assembly discussed the draft resolution on collecting votes of confidence and casting votes of confidence with regard to top officials holding positions ratified by or voted by the National Assembly and the People’s Council.
Many deputies said the confidence vote should be conducted every year instead of every two years as is being currently proposed.
The National Assembly also differed on the levels of assessment.
According to some, the rating should be divided into three levels (i.e high, medium and low) without the “no comment” option as is being proposed, while some others believe there should only be two levels (i.e confidence and no confidence).
According to deputy Bui Thi An of Hanoi, such confidence rating is very important in contributing to deterring officials from wrongdoings, helping eliminate “worms” within the state machinery.
Meanwhile, secretary of the Da Nang City Party Committee Nguyen Ba Thanh opined that “there must be changes. It’s not true that there are no well-performing officials. But if you hold onto that position, who can replace you? The danger is the knowledge that you can never be replaced. But now there is a new drug to force you to move, to try”.
Mr. Thanh also suggested subjecting lower-ranking officials like heads of provincial departments of transport, construction, of natural resources and environment to the confidence votes since those officials, although not appointed by the National Assembly, greatly influence the public through their actions.
Deputy Nguyen Thi Quyet Tam, of Ho Chi Minh City, similarly suggested measuring pubic credibility with regard to provincial heads of important departments that greatly affect citizen’s lives.
Earlier on 26 October, a draft law on anti-corruption was presented under which the head of the Central Steering Committee on Anti-corruption will not be the Prime Minister as is now the case. 
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