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Achievements and constraints in theoretical and practical perception during the 20 year implementation of 1992 Constitution
15/7/2013 21:41' Send Print

First, the recognition and development of the socialist-oriented market economy have created a socio-economic basis for development of the constitutional and legislative thinking in Viet Nam.

Second, recognition of human right is a change in theoretical political-legal thinking which leads the building of constitution and legislation while promoting human element.

Third, renovation of thinking, succession and development of suitable ideology of humankind on the law-governed state leads to formulation of principles of new power organization: “ Power of the state is unified with assignment, coordination and control in exercising legal, executive and juridical rights”, and gradually overcome constraints of state apparatus which followed the Soviet model in constitution.

Besides achievements, there remain major constraints:

First, the society in general, agencies, organizations and citizen in particularly have not been fully aware of the nature and role of constitution and legislation in the socialist-oriented market economy and building of the law-governed state in Viet Nam.

Second, perception on the principle of “All state power belongs to people” is not persistent and appropriate to conditions to build the law-governed state.

Third, the shift from “concentration of power” to “assignment and coordination of state power” is a new substantial step in organizing state power. However, diverse understanding and inertia as a result of concentration of power and local interest have caused obstacles to new power organization.

Fourth, incomplete awareness on control of state power and poor implementation effectiveness and efficiency.

All these constraints should be overcome in this revision of the 1992 constitution./.

Tran Ngoc Duong, Prof., PhD., Senior Expert of National Assembly