Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

Vietnam needs to further revise the Constitution because, in the proposal on


amending and supplementing the 1992 Constitution, the NASC explained that the


1992 Constitution is the constitution of the initial stage of theDoi moi


period. Up to now, the country has experienced many changes in the


international context where significant, complex, and dramatic devel-


opments are happening ...Therefore, it is necessary to study


amending and supplementing the 1992 Constitution in concordance


with the new situation.


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The central spirit here is the notion of “in concordance with the new situation”


(phu hop voi tinh hinh moi). Vietnam wishes to revise the Constitution in line not


only with rapid national transition, but also with dramatic international change.


First, in the words of the NASC, the amendment is needed to reflect the


accomplishments of twenty-five years ofDoi moiand to institutionalize the party’s


directions for developing Vietnam into an industrial country by 2020 put forward in


the party’s documents in the Eleventh National Congress in early 2011.
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Second, the NASC invoked the world’s “significant, complex, and dramatic


developments” to justify constitutional revision. In the first meeting of the Consti-


tutional Amendment Commission, the chairman of the Commission and the NA,


Nguyen Sinh Hung, suggested that the amendments be in concordance with the


Party’s documents and “the real situation of the era” (tinh hinh thuc te cua thoi


dai).
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This statement is a Delphic orientation, but implies that the future revision


of Vietnam’s constitution is due in significant part to the impact of the global


expansion of comparative constitutional law as an important element of consti-


tutional reform.


According to the Constitutional Proposal, on the agenda for future constitutional


reform in Vietnam is a more comprehensive revision of the Basic Law. Nearly


all sections of the Constitution will be revised. However, like the last reform, the


upcoming one also accentuates the state apparatus. Suggestions for revising


the economic, social, cultural, scientific, and technological sections are reflections


of the relevant Party policies articulated in the documents of the eleventh national


congress. In addition, it should be emphasized that the proposal intends to


introduce some considerable revisions associated with the constitutional basis of


human rights.


(^58) “To Trinh Quoc hoi Ve Viec Trien khai Thuc hien Chu truong Nghien cuu Sua doi, Bo
sung Hien phap 1992 ” (The proposal to the National Assembly on implementing the policy
of studying, amending, and supplementing the 1992 Constitution) of the National Assem-
bly Standing Committee (hereinafter “Constitutional Proposal”).
(^59) “Constitutional Proposal.”
(^60) “Uy ban Du thao Sua doi Hien phap nam 1992 Hop Phien Thu nhat” (The Commission
for Amending the 1992 Constitution meets for its first session),www.toaan.gov.vn/portal/
page/portal/tandtc/ 299083 ?p_page_id= 1752999 &pers_id= 1751940 &itemid= 9641568 &p
details= 1 (last visited September 30 , 2011 ).


208 Bui

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