Resolution No. 38/2012/QH13 on soliciting public opinions on the Draft for Amending the 1992 Constitution

RESOLUTION

Organizing the Collection of Public Opinions on the Draft for Amending the 1992 Constitution

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OF THE NATIONAL ASSEMBLY

SOCIALIST REPUBLIC OF VIET NAM

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

Pursuant to Resolution No. 06/2011/QH13 dated August 6, 2011 of the National Assembly on amending and supplementing the 1992 Constitution and establishing the Committee for Drafting the Amendment to the 1992 Constitution;

After considering Report No. 195/TTr-UBDTSĐHP dated October 19, 2012 of the Committee for Drafting the Amendment to the 1992 Constitution and the opinions of the National Assembly deputies,

RESOLUTION:

Article 1. Organizing the Collection of Public Opinions on the Draft for Amending the 1992 Constitution

The collection of public opinions on the Draft for Amending the 1992 Constitution has been revised based on the opinions of the National Assembly deputies at the fourth session of the Thirteenth National Assembly, announced by the Committee for Drafting the Amendment to the 1992 Constitution.

Article 2. Purpose of Organizing the Collection of Public Opinions

1. To promote the people's right to mastery, mobilize the wisdom and enthusiasm of the people, create consensus among the people, and reflect the will and aspirations of the people in amending the 1992 Constitution.

2. To enhance awareness and responsibility of each individual, agency, and organization towards amending the Constitution and implementing the Constitution.

Article 3. Requirements for Organizing the Collection of Public Opinions

1. To organize discussions and collect public opinions through appropriate forms, creating favorable conditions for all strata of the people within the country and overseas Vietnamese to participate in amending the 1992 Constitution. The process of collecting public opinions must be conducted widely, democratically, scientifically, and openly; ensuring progress, quality, practicality, and economy.

2. Public opinions must be collected comprehensively, accurately, and seriously studied and incorporated to improve the Draft for Amending the 1992 Constitution.

3. To enhance the responsibility of news agencies and media outlets in promoting and mobilizing the people to contribute their opinions and truthfully and promptly reflect the people's opinions; preventing hostile forces from exploiting and undermining the Party's policies and state laws.

4. To ensure the leadership of Party committees at all levels, strict guidance of administrative authorities at all levels, and emphasize the responsibility of heads of agencies and organizations in collecting public opinions on the Draft for Amending the 1992 Constitution.

Article 4. Content and Forms of Collecting Public Opinions

1. To collect public opinions on the entire Draft for Amending the 1992 Constitution, including: Preamble; political system; human rights, basic rights and obligations of citizens; economy, society, culture, education, science, technology, and environment; national defense; state apparatus; effectiveness of the Constitution and procedures for amending the Constitution; technical presentation of constitutional provisions.

2. Agencies, organizations, and individuals participating in providing opinions on the entire Draft for Amending the 1992 Constitution; based on their functions, tasks, and powers, they should focus on providing detailed opinions on contents directly related to the scope of their activities and issues of concern.

3. Forms of collecting public opinions include:

a) Submitting opinions directly or in writing to the agencies and organizations specified in Article 6 of this Resolution;

b) Discussing at conferences, seminars, and forums;

c) Through the National Assembly's online information website htttp://duthaoonline.quochoi.vn and other mass media.

d) Other suitable forms.

Article 5. Objects of Solicitation of Opinions

1. Various strata of the people.

2. State agencies and organizations at the central level: The Standing Committee of the National Assembly, the National Ethnic Council, the Committees of the National Assembly, agencies under the Standing Committee of the National Assembly; the Government, ministries, ministerial-level agencies, agencies under the Government; the Supreme People's Court; the Supreme People's Procuracy; the State Audit Agency; Party Committees; the Central Party Office, the President's Office.

3. State agencies at local levels: People's Councils, People's Committees, People's Courts, People's Procuracies.

4. Vietnam Fatherland Front, political-social organizations, occupational-political-social organizations, social-occupational organizations, and other social organizations.

5. Academies, universities, research institutes.

6. News agencies and press.

Article 6. Responsibilities of Agencies, Organizations, and Heads

1. The Drafting Board for Amending the 1992 Constitution shall base on this Resolution to be responsible for promulgating the Plan for Organizing the Solicitation of Public Opinions; take the lead in organizing the solicitation of public opinions; organize meetings to solicit public opinions, ensure the content, materials, training of cadres; compile and submit to the National Assembly the Report on the Summary of Public Opinions; study, adopt, and explain the contributions of the public to amend and perfect the Draft for Amending the 1992 Constitution to be submitted to the National Assembly for consideration and decision.

2. The Standing Committee of the National Assembly shall direct the agencies of the National Assembly and the agencies under the Standing Committee of the National Assembly to organize discussions, solicit opinions, and compile summaries of opinions, build the Report on the Results of Contributions of Opinions of the Standing Committee of the National Assembly, the agencies of the National Assembly, and the agencies under the Standing Committee of the National Assembly to send to the Drafting Board for Amending the 1992 Constitution.

3. The Government shall direct ministries, ministerial-level agencies, agencies under the Government to organize discussions, solicit opinions, and compile summaries of opinions, build the Report on the Results of Contributions of Opinions of the Government, ministries, ministerial-level agencies, agencies under the Government, and provinces and centrally-administered cities to send to the Drafting Board for Amending the 1992 Constitution.

4. The Supreme People's Court, the Supreme People's Procuracy, the State Audit Agency, Party Committees, the Central Party Office, the President's Office shall organize discussions,solicit opinions, build the Report on the Results of Contributions of Opinions of their respective sectors and agencies to send tothe Drafting Board for Amending the 1992 Constitution.Committee for drafting the amendment to the 1992 Constitution.

5. Provincial People's Councils and People's Councils of centrally-administered cities shall organize specialized meetings to discuss the Draft for Amending the 1992 Constitution. The Standing Committees of Provincial People's Councils and People's Councils of centrally-administered cities shall take the lead in coordinating with People's Committees, Delegations of the National Assembly, Vietnam Fatherland Front Committees, and member organizations of the Front at the same level to organize discussions, solicit opinions, and compile summaries of opinions, build the Report on the Results of Contributions of Opinions of their respective localities to send to the Government and the Drafting Board for Amending the 1992 Constitution.

6. The Vietnam Fatherland Front and member organizations of the Front shall be responsible for mobilizing the people to participate in contributing opinions on the Draft for Amending the 1992 Constitution. The Central Committee of the Vietnam Fatherland Front shall take the lead in coordinating with central agencies of member organizations of the Front to organize discussions, solicit opinions from members of their own organizations, opinions from other social organizations, opinions from prominent representatives in the fields of intellectuals, lawyers, religions, overseas Vietnamese, and compile summaries of opinions, build the Report on the Results of Contributions of Opinions to send to the Drafting Board for Amending the 1992 Constitution.

7. Political-social organizations shall organize discussions, solicit opinions, and compile summaries of opinions, build the Report on the Results of Contributions of Opinions of their own organizations to send to the Drafting Board for Amending the 1992 Constitution.

8. Delegations of the National Assembly and National Assembly deputies shall collect and study the opinions of voters to prepare for the discussion and adoption of the Constitution at the National Assembly session.

9. News agencies and press shall be responsible for propaganda and creating favorable conditions for the people to participate in contributing opinions; open special pages and columns about the Draft for Amending the 1992 Constitution and report and publish full, timely, truthful, and objective opinions of the public.

10. Other agencies, organizations, and individuals shall send contribution documents to the Drafting Board for Amending the 1992 Constitution.

11. Heads of agencies and organizations specified in this Article shall be responsible for organizing and creating favorable conditions for cadres, civil servants, public officials, employees in their agencies and members of their organizations, and various strata of the people to participate in contributing opinions on the Draft for Amending the 1992 Constitution.

Article 7. Time for Soliciting Public Opinion

The time for soliciting public opinion on the Draft Amendment to the 1992 Constitution begins on January 2, 2013, and ends on March 31, 2013.

Article 8. Implementation organization

1. The Committee for Drafting the Amendment to the 1992 Constitution, relevant agencies, and organizations shall base themselves on this Resolution, the Plan for Organizing the Solicitation of Public Opinion of the Committee for Drafting the Amendment to the 1992 Constitution, and the specific circumstances of their agencies, organizations, and localities to implement the organization of soliciting public opinion to ensure requirements and progress.

2. The funds serving the organization of soliciting public opinion on the Draft Amendment to the 1992 Constitution shall be guaranteed by the state budget.

3. The National Assembly calls upon compatriots, soldiers throughout the country, and overseas Vietnamese to respond positively and actively participate in contributing opinions so that the Constitution fully reflects the will and aspirations of the people, meeting the requirements of building, developing, and defending the Fatherland in the new era.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the Thirteenth Session, Fourth Meeting on November 23, 2012./.