CONTINUITY OF SUGGESTION ON THE CONSTITUTION AND THE LAND LAW

To: – The National Assembly of Socialist Republic of Vietnam

      – The President of Socialist Republic of Vietnam

     – The Prime Minister of Socialist Republic of Vietnam

At the thirteenth National Assembly, at the recent fifth session, which decided to continue to receive people’s opinions in order to perfect Draft Constitution and Land Law for submitting National Assembly to examine at the sixth session at the end of this year.

We are people who compiled and signed to petition for modifying the Constitution (known as the Petition 72, because of direct signatures of 72 persons), we had the text of protest the Draft Constitution to submit to the National Assembly at the fifth session (sent to the National Assembly on 3 June 2013), now we and some other people have some ideas as follows:

1- The National Assembly only sets and examines to pass the Draft Constitution at the sixth session but does not say if there is the referendum. Everyone says that Constitution must belong to people, decision must be made by them. As known by everyone, with the way of voting and mechanism of personnel, the Draft Constitution, in nature, is not a true representation of people. This time, there are a lot of opinions about the basic things of political institution in modifying Constitution (which is mentioned in texts such as the Petition 72, the Declaration of Conference of Catholic Bishop of Vietnam, the declaration of people of freedom, ideas on internet “Together to write the Constitution” and many other ideas of people inland and abroad were shared on media). So, it is absolutely necessary to organize the referendum on modifying the Constitution. The public opinion applauds the members of the National Assembly, the members of government and some organizations, when discussing on modifying the Constitution, decided that the Draft Constitution is the legislative organization and the constitutional authority that belong to people, and the Constitution must be asked with the referendum or opinion poll.

The referendum is not simple, because this is the first time it has taken place in the country, therefore in the text sent to the National Assembly on 3 June, 2013, we request the National Assembly to decide soon in order to have more time to prepare. It is important that there be an organized session where a public discussion can take place which allows for all different viewpoints to be heard equally so that all people have the opportunity to participate in the referendum. The National Assembly, President and Prime minister can apply the clause 86 and article 14, act 84 in the current Constitution in order to organize the undefined sessions of the National Assembly aimed at deciding the referendum on modifying the Constitution.

Modifying the Constitution in the spirit of establishment of the political regime of democracy is work that is important, with the aim of defending and developing the country. Therefore we should not limit the time; if we are in a hurry to pass the modified Constitution but keep the regime of whole administration, ignoring the proper request of people who want to have the democratic Constitution, it will be a danger to the country and we must be responsible to the people and history.

2- The property rights and rights of use land are the most important points, which people are especially interested in when they discuss on modifying the Constitution. We applaud the National Assembly for proposing the policy of extending the time of using the agricultural land and deciding to delay the time to examine and pass the Land Law modified.

In reality, the system of property of people on land where is able to control directly as the owner is made possible by a constitution with insufficient Land Law. This has allowed representatives of the government to take land from people, at times using rude coercion. This has resulted in many lawsuits and all sorts of deals due to the injustice and dissatisfaction that people feel. They take these losses into their personal lives which affects not only the economy but society and politics as a whole.

The Petition 72 has an important request for modifying the Constitution, it is the transfer from the regime of co-operative property of the whole land into the regime of poly-property of the land, there is the private property in that. Because the land of the country is in a state of disorder, there must be a verification of private land. This must be done piece by piece starting with residential and agricultural land. All kinds of land has been recognized as private property and to be a part of people’s assets. Should the land be used for the profit of the country then the country cannot simply take back the land but only transfer the rights of compulsory purchase which is determined closely. Thus will guarantee the profit of the owner who has the land bought by the government, and it will prevent all casual abuses.

Constitution and Land Law which is modified in such a spirit will encourage and speed up the investment allowing for the use of land effectively. This will open the way for the progress of assembling the land in many forms in order to go up to the highest grade of agriculture close to the industry of processing and the market of consumers.

We ask the National Assembly, President and Prime Minister to perform exactly their function and responsibility that is assigned in the current Constitution in order to organize the referendum on modifying the Constitution.

We hope that people inland and abroad strongly give their opinions on the two issues above, about the continuing of modifying the Constitution and Land Law. Through this the National Assembly and Vietnam leaders can understand the request and expectation of people in Vietnam.

03 July, 2013

List of signatures

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Chuyển ngữ sang tiếng Anh: Trương Minh Tịnh