However, some argue that elimination of the people’s councils at district level is
unconstitutional. While the Constitution provides that the people’s councils will
create corresponding people’s committees (uy ban nhan dan) – the local adminis-
trative bodies^80 – the constitutional problem arises from how the people’s commit-
tees will be formulated in districts where the people’s councils are eliminated.
While amending the Constitution was impossible, in 2008 the NA passed Reso-
lution No 26 / 2008 /QH 12 , in force from April 1 , 2009 , as a pilot (thi diem) for
abolishing the people’s councils in sixty-seven districts, thirty-two urban districts,
and 438 precincts in ten provinces and cities.
Apart from removal of the people’s councils at district level, another important
issue surfaced about grassroots democracy; that is, the popular election of the
governor of the administrative organ at the communal level. In 2008 , the NA
considered the Government’s proposal for a pilot for people’s direct vote for the
chairmen of the commune people’s committees. The proposal was disapproved
due to some practical reasons and for the constitutional reason that according to
Article 123 of the Constitution, the chairmen of the people’s committees at all levels
are selected by the corresponding people’s councils rather than by the people.
The above description means that local representative and grassroots democracy
will receive the attention of future constitutional reformers. Understandably, the
Constitutional Proposal suggests reforming the organization of local government
81
and perhaps revising constitutional provisions to stipulate further developments of
local governance and grassroots democracy in Vietnam.
Further clarifying the provisions on human rights
During the last decade, Vietnam has witnessed more pressure for human rights
implementation. Outside the country, some international organizations and a myriad
of overseas dissidents continually criticize the human rights situation in Vietnam.^82
Inside the country, popular consciousness of liberal values has considerably increased
due to rapid social change, especially the speedy privatization of the economy.
Scholarly “right talk” has been in vogue among legal academicians, which also
contributes to rising social awareness of individual rights. Consequently, revising
the constitutional basis of human rights is on the agenda. The Constitutional
Proposal submits that the future Constitution will “confirm that the State respects
and protects human rights by the Constitution” and “define more clearly the scope of
citizen’s fundamental duties and rights. The amendments and supplements of the
provisions of citizen’s fundamental duties and rights should be practical.”
83
(^801992) constitution, Art. 123. (^81) “Constitutional Proposal.”
(^82) They particularly focus on Vietnam’s arrest and trial of dissidents. See, for example,
Carlyle A. Thayer, “The trial of LeˆCoˆngĐi
̇
nh: new challenges to the legitimacy of
Vietnam’s party-state” ( 2010 ) 5 ( 3 )Journal of Vietnamese Studies 196.
(^83) “Constitutional Proposal.”