Nghị quyết 38/2012/QH13 của Quốc hội về việc tổ chức lấy ý kiến nhân dân về Dự thảo sửa đổi Hiến pháp năm 1992

RESOLUTION

ORGANIZING TO COLLECT OPINIONS OF PEOPLE FOR DRAFT ON AMENDING

THE 1992 CONSTITUTION

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THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam which has been amended and supplemented a number of articles under the Resolution No. 51/2001/QH10;

Pursuant to the Resolution No. 06/2011/QH13, of August 06, 2011 of National Assembly on amending and supplementing the 1992 Constitution and establishing a Committee of draft to amend the 1992 Constitution;

After considering the Report No. 195/TTr-UBDTSDHP, of October 19, 2012 of the Committee of draft to amend the 1992 Constitution and collecting opinions of delegates of National Assembly;

RESOLUTES:

Article 1.Organizingto collect opinions of people for draft on amending the 1992 Constitution

Organizing to collect opinions of people for draft on amending the 1992 Constitution has been readjusted on the basis of receipt of opinions of delegates of National Assembly at the 4thsession, of the XIIIthNational Assembly, which have been announced by the Committee of draft to amend the 1992 Constitution.

Article 2.Purposes of organizing to collect opinions of people

1.To promote the owners right, to mobilize intelligence, heart of people, to create consent of people, to show will, aspiration of people for amendment of the 1992 Constitution.

2.To raise awareness and duties of each individual, agency, organization for amendment and compliance of the Constitution.

Article 3.Requirements of organizing to collect opinions of people

1.Discussions, collection of people’s opinions are organized in proper forms, facilitate for people classes in home country and Vietnamese people overseas to participate in amendment of the 1992 Constitution. Collection of people’s opinions must be conducted in wide, democratic, scientific and publicity way; ensure schedule, quality, practicality and thrifty.

2.Opinions contributed by people must be collected, summarized fully, exactly and be researched for acceptation, be explained seriously in order to perfect the Draft of amending the 1992 Constitution.

3.Raising duties of agencies of news, press in propagation, and mobilization for people to participate in contribute opinions and honestly, timely reflect people’s opinion; not let bad objects, hostile forces misuse to destroy, distort policies, guidelines of Party and law of state.

4.Ensuring the leading of Party executive committees, the close direction of levels of authorities, giving prominence to duty of the heads of agencies, organizations in collection of people’s opinion on draft of amending the 1992 Constitution.

Article 4.Content and form of people’s opinion collection

1.Collecting opinions of people for entire of draft on amending the 1992 constitution, including: Foreword; politic regime; human right, basic rights and obligations of citizen; society,economy, culture, education, science, technology and environment; Motherland protection; the state machine; effect of Constitution and process for amendment of Constitution; technique in presentation of provisions of Constitution.

2.Agencies, organizations, individuals giving opinions for entire of draft of amendment to the 1992 Constitution; based on their functions, tasks, powers, concentrate to contribute depth opinions on contents directly relating to their scope of operation field and problems in which they are interested.

3.Forms of collection of people’s opinions include:

a) Having ideas directly or in writing and sending to agencies, organizations specified in Article 6 of this Resolution;

b) Discussing in conferences, seminars, talks;

c) On the website of National Assembly htttp://duthaoonline.quochoi.vn and via means of mass media;

d) Other suitable forms.

Article 5.Subjects of opinion colection

1.Classes of people.

2.State agencies, organizations at central level: The National Assembly Standing Committee, the Ethnic Council, Committees of National Assembly, agencies of the National Assembly Standing Committee; the Government, Ministries, ministerial agencies, Governmental agencies; the Supreme People’s Court; the Supreme People’s Procuracy; State Audit; boards of Party; Office of Central Party, Office of State president.

3.Local state agencies: People’s Councils, People’s Committees, People’s Courts, and the People’s Procuracy.

4.Fatherland Front of Vietnam, socio-political organizations, socio-political - professional organizations, socio-professional organizations and other social organizations.

5.Institutes, universities, academies.

6.Agencies of news, press.

Article 6.The responsibility of agencies, organizations and heads

1.The Committee of amendment to the 1992 Constitution shall, base on this Resolution, promulgate plan to organize collection of people s opinions; preside over organization to collect people’s opinion; hold conferences to collect people’s opinions, assure content, documents, training for officers; collect and classify and submit to National Assembly the report of review of people’s opinion; research to accept, explain people’s contribution opinions for re-adjustment, completion of draft of amendment to the 1992 Constitution to submit to National Assembly for consideration, decision.

2.The National Assembly Standing Committee shall direct agencies of National Assembly, agencies of the National Assembly Standing Committee to discuss, collect opinions and summarize opinions, formulate report of result of opinion contribution of the National Assembly Standing Committee, agencies of National Assembly, agencies of the National Assembly Standing Committee and send it to the Committee of draft of amendment to the 1992 Constitution.

3.The Government shall direct ministries, ministerial agencies, governmental agencies to discuss, collect opinions and summarize opinions, formulate report of result of opinion contribution of the Government, ministries, ministerial agencies, governmental agencies and central-affiliated cities and provinces and send it to the Committee of draft of amendment to the 1992 Constitution.

4.The Supreme People’s Court, the Supreme People’s Procuracy, State Audit, Boards of Party, Office of Central Party, Office of State president shall discuss, collect opinions and formulate report of result of opinion contribution of their branches, agencies and send it to the Committee of draft of amendment to the 1992 Constitution.

5.The People’s Councils of central-affiliated cities and provinces shall held specialized meetings to discuss on draft of amendment to the 1992 Constitution. The standing committee of people s council of central-affiliated cities and provinces shall assume the prime responsibility for, and coordinate with People’s Committee, delegations of National Assembly, the Committee of the Fatherland Front and member organizations of Fatherland Front at same level shall discuss, collect opinions and summarize opinions, formulate report of result of opinion contribution of their localities and send it to the Government and the Committee of draft of amendment to the 1992 Constitution.

6.The Fatherland Front of Vietnam and its member organizations shall mobilize people to participate in opinion contribution for draft of amendment to the 1992 Constitution. The Central Committee of the Fatherland Front of Vietnam shall assume the prime responsibility for, and coordinate with central agencies of member organizations of the Front to discuss, collect opinions of members of their organizations, opinions of other social organizations, opinions of typical representatives in patriotic personalities, intelligentsia, legal specialists, religion organizations, Vietnamese persons living overseas and summarize opinions, formulate report of result of opinion contribution and send it to the Committee of draft of amendment to the 1992 Constitution.

7.Socio-political organizations shall discuss, collect opinions and summarize opinions, formulate report of result of opinion contribution of their organizations and send it to the Committee of draft of amendment to the 1992Constitution.

8.Delegations of National Assembly, delegates of National Assembly shall collect, research opinions contributed by electors to prepare for discussion and approval of Constitution at session of National Assembly.

9.Agencies of news, press shall propagate and facilitate for people to participate in opinion contribution; open the specialized pages on draft of amendment to the 1992 Constitution and inform news, publish news fully, timely, honestly, objectively on opinions contributed by people.

10.Other agencies, organizations and individuals shall send written contribution opinions to the Committee of draft of amendment to the 1992 Constitution.

11.Heads of agencies, organizations specified in this Article shall held, facilitate for cadres, civil servants, public employees and employees in their agencies, members and People classes to participate in opinion contribution for draft of amendment to the 1992 Constitution.

Article 7.Time of collecting opinions of people

Time of collecting opinions of people on draft to amend the 1992 Constitution shall begin on January 02, 2013 and end on March 31, 2013.

Article 8.Organization for implementation

1.The Committee of draft of amendment to the 1992 Constitution, agencies, and organizations shall, base on this Resolution, the plan on collection of people’s opinions of the Committee of draft of amendment to the 1992 Constitution and specific situation of their agencies, organizations localities, carry out the collection of opinions aiming to ensure the requirements and schedule.

2.Funding for collection of people’s opinions on draft of amendment to the 1992 Constitution shall be covered by the State budget.

3.National Assembly callsfellow citizens, soldiers of whole nation, Vietnamese persons living overseas to have response and positively participate in opinion contribution for Constitution to show full will, aspiration of people, meet requirement in building, development and protection of Motherland in new period.

This Resolution has been passed by theXIIIthNational Assembly of the Socialist Republic of Vietnam,in 4thsession, on November 23, 2012.