An Article on the HCYU Needed in the draft of Constitution

Web.HCYU.05/03/2013 - On Feb 28, First Secretary of the HCYU Central Committee Nguyen Dac Vinh chaired a conference themed “Gathering comments on the draft amendments to the 1992 Constitution” of the Central HCYU in Hanoi.

First Secretary of CC HCYU, Dr Nguyen Dac Vinh (center) chairs the meeting. Photo source: CTG
First Secretary of CC HCYU, Dr Nguyen Dac Vinh (center) chairs the meeting. Photo source: CTG

The attendance included the Standing Secretary of the HCYU Central Committee Phan Van Mai, the Secretary of the HCYU Central Committee Duong Van An, the former Member of the CPV Central Committee and former First Secretary of the HCYU Central Committee Vu Mao and other former officers of the Party, the State, the National Assembly, the HCYU along with experts and scientists.

The attendees gave their comments on particular issues in the draft revised Constitution, concerning the articles on human rights, basic rights and duties of the citizen; the role as well as rights and duties of the youth mentioned in the constitution. 

Supporting and educating the younger generation

Assuring the position and the role of the youth and their bodies in the course of developing and protecting the country, the former First Secretary Vu Mao said the rejection of the Article 66 in the 1992 Constitution was implausible.

In his opinion, the Article 66, called the draft article 40a, must be retained and amended in such way: “1- The youth has their family, the State and the society supporting to study, work and enjoy recreation, to develop the physical and mental well-being, to raise the awareness of morality, national traditions, of citizenship and the socialist ideal, to head on working creatively and protecting the Motherland. 2- The youth must complete their duty of being vanguards in developing and protecting the Motherland. 3- The Ho Chi Minh Communist Youth Union, the Vietnam Youth Federation continue the heroic revolutionary tradition, along with the State attend to and protect the youth’s proper interests, encourage practicing the right of self-owning, strictly following the laws, socially monitoring and criticizing the activities of the state agencies.”

Giving his assent to the above opinion, the former chairman of the Commission on Laws of the National Assembly Vu Duc Khien said that it is stated clearly in the Article 36 of the current constitution: “The people’s bodies, firstly the Ho Chi Minh Communist Youth Union, social organizations, economic organizations, families and schools fulfill their responsibility of educating the young and the youth.” The draft, however, does not mention these responsibilities.

The draft also sees a change in which the Chapter on Basic Rights and Duties of Citizens is moved from Chapter 5 to Chapter 2, adding the human rights to form a new chapter on Human Rights and Basic Rights and Duties of Citizens. Dr. Do Minh Phuong (Hanoi University of Law) stated that the article 21 in this draft chapter is a new rule which shows respect to the right to live – the most important right of human beings. However, it need be specified: “People all have right to live, to pursuit happiness”.

On the other hand, it is not allowed to misuse the human rights and citizen rights to threaten the national interests, the interests of the peoples, the legitimate rights and interests of the others…

Commenting on the Article 4, the former First Secretary of the HCYU Central Committee Vu Mao voiced that there should be regulations for a monitoring mechanism of the population to the Party, and the Party must also shoulder the responsibility to the population. 

Nguyen Nhat Minh of the NEU gives his comments
Nguyen Nhat Minh of the NEU gives his comments

An article on the Youth Union should be added

Many comments from students and young lecturers concurred with the idea that the revised constitution needs a separate article added on the Youth Union.

According to Dr. Vu Duy Hai from Hanoi National Economics University, the draft did not have any article on the HCYU, an important organization in Vietnam’s political system.

Meanwhile, the current constitution has the Article 36 which says: “The people’s bodies, firstly the Ho Chi Minh Communist Youth Union… fulfill their responsibility of educating the young and the youth.”

In the Party’s Code, it says only the HCYU is a political, social organization which is regarded as the confident reserve of the Party.

Besides, the Resolution on the youth of the Party’s 7th Central Meeting did stress that building the Union is also building the Party in advance.

Dr. Hai recommended supplementing a separate article on the Union, citing “The HCYU is the Party’s confident reserve”.

Ngo Thu Trang, the president of the Young Lawyers Club, National University of Hanoi, raised the question whether the constitution should or should not include the rule saying “study is a citizen duty”.

Trang précised that in a duty relation, if the duty was violated it would result in negative legal consequences for the violator. Yet a person who is not willing to study cannot be charged or forced to do so. It is legally and practically different from the duty of paying the tax.

Concerning the aspects of technology and resources of talents, Dr. Vu Duy Hai recommended that the constitution must be well-specified, saying “Every national resource is prior for the technology and science development and the related staff”.

Concluding the conference, the First Secretary Nguyen Dac Vinh noted that all the comments would be received and sent to the committee of preparation for the revised Constitution. 

HCYU

<1>

VIDEO
WEATHER

LINK WEBSITE