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Three terms regarding actualization of Political Platform and Legislature Perception under the leadership of Vietnam Communist Party

  • Key words
    Each Citizen and Entire People of
    Socialist Republic of Vietnam with 2 Missions:
    1.     Be the master of the State;
    2.     Be the owner and user of each land plot and the whole 75 million land parcels.
    (Article 2; Article 53 of the 2013 Constitution)
      
    Summary
    According to the 2013 Constitution of the Socialist Republic of Vietnam, the People of Vietnam are the masters of the State (Article 2); the People are owners of the land (Article 53); and the National Assembly is the highest representative body of the People (Article 69). In compliance with these three Constitutional principles, Land Law No. 13/2003/QH11 at Article 25 recognised the commune People’s Committee as the authorising agency for land use planning, thereby allowing each citizen in each village and hamlet, under the direction of and in consultation with the commune People’s Council, to fulfil their dual mission as both owners and users of the land by organizing and implementing master plans and plans for land use at the commune level. This Constitutional and democratic provision was removed, however, by Land Law No. 45/2013/QH13, giving the role of land use planning to a higher authority at the province level, thereby violating the Constitutional principle that the People are the owners of the land. The effect of this law change has been that the People, as land owners, are no longer informed or consulted over land use changes in their villages, and this has resulted in endless conflict and disputes at great cost to the state. The failure of the Land law No 45/2013/QH13 to inherit Article 25 of Land Law No 13/2003/QU11 has also cause over the last 10 years numerous cases of institutional corruption, causing the People to lose faith in their representative, the National Assembly of Vietnam. The solution to these problems is to use the forthcoming amendment of Land law No. 45/2013/QH13 to restore Article 25 of Land Law No. 13/2003/QH11 to the amended land law.
     
    Foreword
    The Socialist Republic of Vietnam is the only country whose Constitution is characterized by a Root triad which is seen in no other country. The triad consists of 1) People are the Master of the State – Article 2, 2013 Constitution; 2) The People are the owners of land resources, which means each citizen of Vietnam carries two missions for each and the entireity of  the 75 million parcels of land in the territory of Vietnam – Article 53, 2013 Constitution; 3) the National Assembly is the highest representative body of the People - Article 69, Constitution of the Socialist Republic of Vietnam 2013. The country and people of Vietnam have been and will retain their confidence and self-control walking through the Boulevard of CIVILIZATION (VĂN HIẾN) which is built upon the thousand year history of the country’s building, protection and development. The Civilization arches over both the people and the supreme political regime. The Civilization of Vietnam has consistently nurtured the political stance and courage since the country’s gaining of independence, 1946 Constitution;land reform and the journey of Socialist development, 1959 Constitution; through the war time and fight for peace, 1980 Constitution; the country’s reconstruction period, 1992 Constitution; preparation for market regime integration, 2013 Constitution. Through all this time, our country’s Constitution has  persisted with one ideology, one objective to actualize the WILL and WISH of the people. The will and wish of people with its mission as the State’s Master, Owner of special resource – land, and User of 75 million parcels of land in the whole territory of Vietnam has been the considered default since the country’s independence.

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