promulgated a circular restricting registration to one motorcycle per resident. In
spite of public criticism, the policy went into effect.
The matter became constitutionally relevant in 2005 when the institutions
responsible for constitutional supervision entered the fray. The Ministry of Justice
argued that the police regulations violated national regulations on administrative
sanctions and transportation safety. Remarkably, the Law Committee of the
National Assembly went further, to claim that limiting registration of motorcycles
to one per person is unconstitutional and illegal as this violates the property rights
of the citizen guaranteed by Article 58 of the 1992 constitution and the Vietnamese
Civil Code. Consequently, in late November 2005 , one day before the Ministry of
Justice was scheduled to report formally to the National Assembly on violation of
the law by national ministries, the Ministry of Public Security issued a directive
annulling the provision in its earlier regulation that limited registration of motor-
cycles and motorbikes to one per person.
54
This case was the first time in Vietnam
that the Constitution was successfully invoked to protect fundamental rights, albeit
not by a judicial body.
In 2009 , the Ministry of Justice, as a ministrant of the prime minister in
reviewing unconstitutional legal documents, challenged the constitutionality of a
number of proposed legal normative documents of the Ministry of Construction,
the Ministry of Transport, and the Ministry of Medicine for infringing consti-
tutional rights such as freedom of trade and citizens’ equality before the law.
55
The fact that legal normative documents and policy proposals pertaining to
individual rights have been rejected on constitutional grounds signals that the
Constitution is now, more than ever, becoming a meaningful source of citizens’
rights, thereby reflecting citizens’ demand to protect their constitutional rights.
iii. current plans to amend the constitution again
Nearly a decade since the Constitution was first revised, Vietnam is now planning to
revise the document for the second time. In the August 4 , 2011 ,session,theNA
established the Constitutional Amendment Commission and decided on the Pro-
posal for Amending and Supplementing the 1992 Constitution submitted by the
NASC.^56 The final draft is scheduled for adoption by the NA in October 2013.^57
(^54) Sidel,The Constitution of Vietnam, pp. 198 – 9. (^551992) constitution, Arts. 52 , 57.
(^56) “Nghi quyet ve Viec Sua doi, Bo sung hien phap nam 1992 va Thanh lap Uy ban Du
thao Sua doi Hien phap nam 1992 ” (Resolution on amending and complementing the
1992 constitution and establishing the Committee for Amending the 1992 Constitution),
http://www.nclp.org.vn/thong_tin_cong_tac_lap_phap/nghi-quyet-ve-viec-sua- 111 oi-bo-sung-hien-
phap-nam- 1992 -va-thanh-lap-uy-ban-du-thao-sua- 111 oi-hien-phap-nam- 1992 (last visited
September 30 , 2011 ).
(^57) “Ke hoach So bo Sua doi, Bo sung Hien phap 1992 ” (preliminary plan for amending and
supplementing the 1992 Constitution) of the National Assembly Standing Committee.