November 9 is Vietnam Law Day. 78 years ago, on September 11, 1946, the first Constitution of our country, which was directly directed by President Ho Chi Minh, was unanimously approved by the 1st National Assembly. Taking November 9 as Vietnam Law Day is very correct, demonstrating the spirit of respect for the Constitution and the law. During his lifetime, when he was still working for the revolution to gain independence for the nation, Uncle Ho once "prayed for the promulgation of the Constitution, and for every article to have the spirit of the law". His wishes and thoughts were wonderfully expressed in the 1946 Constitution, which laid the foundation for later Constitutions. Thoroughly imbued with his ideology, inheriting the Constitutions of 1946, 1959, 1980 and 1992, with the task of institutionalizing the Party's Platform and the will of the People, we, the Constitutional Amendment Editorial Board, together with experts, scientists, National Assembly deputies, relevant agencies and organizations, have made efforts to research and collect opinions from the people of the whole country, helping the Constitutional Amendment Committee chaired by National Assembly Chairman Nguyen Sinh Hung, under the leadership of the Party Central Committee, the Politburo, and directly General Secretary Nguyen Phu Trong, to submit to the 13th National Assembly for approval the 2013 Constitution. This is the Constitution of the new development period of the country. The 2013 Constitution consists of 120 articles, each of which "has the spirit of the rule of law". The spirit of the rule of law and the spirit of respect for the Constitution are most clearly and strongly expressed in the following provisions: - The Constitution is the fundamental law of the Socialist Republic of Vietnam, having the highest legal effect. - All other legal documents must be consistent with the Constitution. - Party organizations and Party members, state agencies, civil servants, public employees, organizations and individuals must operate within the framework of the Constitution and the law. - In the Socialist Republic of Vietnam, human rights and citizens' rights in political, civil, economic, cultural and social fields are recognized, respected, protected and guaranteed in accordance with the Constitution and the law. Human rights and citizens' rights may only be restricted in accordance with the provisions of law in necessary cases for reasons of national defense, national security, social order and safety, social morality and public health. - The National Assembly, the agencies of the National Assembly, the President, the Government, the People's Court, the People's Procuracy, other agencies of the State and the entire People have the responsibility to protect the Constitution. - The mechanism for protecting the Constitution is prescribed by law. **** In recent days, listening to General Secretary To Lam, other leaders of the Party and State, National Assembly deputies, the Minister of Justice and the people speaking, discussing and exchanging opinions on issues related to the Constitution and laws and institutions in general, I again felt the spirit of the Constitution alive as in the months and days of researching, editing and discussing the Draft Constitution of 2013.

General Secretary To Lam speaks at a working session with the Party Committee of the Ministry of Justice on the morning of November 7. Photo: Thong Nhat/VNA

It can be said that, in general, the Constitution has been respected and strictly complied with in recent times. Based on the provisions and spirit of the Constitution, our country has developed continuously, achieving comprehensive achievements in the fields of economy, society, culture, education, science, technology, environmental protection, national defense and security, foreign affairs, promoting and protecting human rights, civil rights, building and perfecting the socialist rule of law state of the people, by the people, for the people..., creating great and solid opportunities to prepare for entering a new era - the era of the Vietnamese nation's rise. However, it is also necessary to frankly admit that there are still documents of state agencies, behaviors, and actions of organizations and individuals that need to be seriously considered in relation to their constitutionality. Meanwhile, besides the current decentralized constitutional protection mechanism, we do not have a specialized, centralized constitutional protection mechanism. There are situations where the application of the provisions of the Constitution gives rise to different interpretations or debates about the constitutionality of draft laws submitted to the National Assembly, but competent agencies, organizations and National Assembly deputies have not used their rights to request the National Assembly Standing Committee to interpret the Constitution for a unified understanding. In some cases, the National Assembly agencies' examination and the Ministry of Justice's assessment of the constitutionality are still simple, formal, and in accordance with procedures. **** Most recently, there was a debate between National Assembly deputies and the Minister of Planning and Investment about the provisions of the Draft Law on Public Investment (amended), specifically whether the decentralization of power over public investment projects, which are essentially public investment capital from the state budget, is related to the authority of the National Assembly as prescribed by the Constitution or not? According to the provisions of the Constitution, the National Assembly has the authority to decide on the state budget and allocate the central budget, including public investment capital. After the explanation of the Minister of Planning and Investment, although the National Assembly deputies did not agree, they seemed unwilling or did not know how to activate the process of requesting the National Assembly Standing Committee to explain the relevant provisions of the Constitution. The next situation that may occur is that if the National Assembly passes that provision of the draft Law, the constitutionality will continue to be raised because, according to the requirements of protecting the Constitution, legal documents, including laws of the National Assembly, must be regularly reviewed and evaluated for their conformity with the Constitution. Vietnam Law Day on November 9 and the upcoming 11th anniversary of the National Assembly's adoption of the 2013 Constitution (November 28, 2013 - November 28, 2024) remind us not to forget the spirit of respecting the Constitution and always remember the hundreds of articles of the Constitution "having the spirit of the rule of law".

Vietnamnet.vn

Source: https://vietnamnet.vn/tram-dieu-phai-co-than-linh-phap-quyen-2340601.html