NEWS ANALYSIS, DECEMBER 15, 2001.

In the last few weeks, the Communist National Assembly in Vietnam is holding the last session of the year. Amending the Constitution is at the top of the agenda, maybe second only to the ratification of the Bilateral Trade Agreement with the U.S.A.

In recent years, there has been a growing movement in Vietnam and abroad demanding the expurgation of Article 4 of the 1992 Constitution. This article awards the Vietnam Communist Party (VCP) monopoly of political power. Optimists in Vietnam nurture a hope that the VCP would sooner or later give up its monopoly and share power with non-communist opposition. But in the National Assembly current agenda, only a number of articles in the '92 Constitution are considered to be amended and supplemented, not including Article 4.

"Article 4. The Communist Party of Vietnam, the vanguard of the Vietnamese working class, the faithful representative of the rights and interests of the working class, the toiling people, and the whole nation, acting upon the Marxist-Leninist doctrine and Ho Chi Minh's thought, is the force leading the State and society."

In a letter sent via email to the overseas Vietnamese community last year, Ha Si Phu, one of the well-known dissidents and the young lawyer Le Chi Quang, a new dissident of Hanoi, both assert that the VCP will never yield ruling power to anyone, nor sharing it with non-communist parties unless it is facing unavoidable extirpation. Most dissidents like Ha Si Phu, Le Chi Quang, Tran Do, Nguyen Thanh Giang... and many others who are suggesting Article 4 be removed, have never expected such easy power sharing.

By weekend, some important amendments had been passed along with dozen others that deal with trivial matters. They are clauses that indicate certain changes of some basic conceptions concerning the structure of ruling power under Communism. Whether they would be implemented or not is another question.

A remarkable change is made to Article 2 of the 1992 Constitution: "The Socialist Republic of Vietnam is a State of the people, from the people, for the people. All State power belongs to the people and is based on an alliance between the working class, the peasantry, and the intelligentsia."

Amendments to Article 2, which deals with the base of power, reiterate the 1992 version and supplement it, that reads, "Viet Nam is a law-governed socialist state, of the people, by the people and for the people. All state power belongs to the people and is based on an alliance between the working class, the peasantry, and a contingent of intellectuals. State power is unified with a division and coordination between all State organizations in the implementation of three legislative, executive and judicial powers.."

This is the first time the concepts of law-governed state and of check and balance between the three branches of the Western-style democracy are officially accepted by a supreme law of a Communist regime. It shows that the VCP has to endorse the principle, at least as a political rhetoric in order to appease voices of concerns all over the world on political reform in Vietnam.

However, probably installed as a policy of "divide to rule" against the intelligentsia, the phrase "a contingent of intellectuals" in the revised article implies that only Party-supporting intellectuals are admitted to the alliance, not the common ones, many of those have been making enough troubles to the Communist rulers.

The real and mightiest power still remains in the hands of the VCP leaders. The National Assembly, though namely representing the highest power of the State, is performing its obligations under the leadership of the Politburo and may not criticize the VCP top leaders - the Politburo and the Party Central Committee. In fact, this very task of amending the Constitution has been carried out by the Politburo's directives which determine the 24 articles to be revised, according to official news reports from Hanoi.

The directives came in an announcement released by the VCP Central Committee at the end of its fourth plenum held in Hanoi from November 5 to13. The report said, "the Party Central Committee assigned the Party Politburo to lead the Party Committee of the National Assembly, and the Committee for Drafting Revision of the 1992 Constitution in finalizing the draft version which will be submitted to the National Assembly at its tenth session scheduled to take place in November and December of this year."

On the economic aspect, as to the world outside Vietnam, the new Article 15 may be praised as a sign of the Communist leaders strong willing to reform. The old Article 15 reads:

"The State promotes a multi-component commodity economy functioning in accordance with market mechanisms under the management of the State and following the socialist orientation. The multi-component economic structure with various forms of organization of production and trading is based on a system of ownership by the entire people, by collectives, and by private individuals, of which ownership by the entire people and by collectives constitutes the foundation."

The new Article 15 reads, " Viet Nam's economy is independent and sovereign on the basis of promoting internal strength, being active in integrating into the world economy, implementing national industrialization and modernization. The State implements the policy of development of market economy following socialist orientation. The multi-component... (as in the 1992 version)."

It's not unfounded to say that Hanoi leaders still cling to the Marxist doctrine by emphasizing that "ownership by the entire people and by collectives constitutes the foundation" of the economy. "Ownership by the entire people" means "state ownership" which includes all land of the nation and therefore no private citizen has legal land ownership of any kind or size. Only usufruct is awarded to private citizens.

State ownership of real estate and a strong state economic sector are the two powerful tools to help the Communist leaders in the building of a Communist-socialist state economy. They would not give them up easily. Land policy may cause problems for foreign investors, especially under the current administrative system and procedures.

Another remarkable amendment is the NA's right to launch confidence votes against some government officials. According to the revised article, the NA is given the right to hold the vote and dismiss high ranking officials who are appointed by the National Assembly, including the state president and the prime minister.

The new article does not extend to the Communist Party leaders, although the Party expending and its officials' salaries are paid by tax payers' money.

Other changes are made to the power of the People's Offices of Supervision and Control. This institution has been created since the 1960 Constitution was promulgated. Current debates indicate that the Communist leaders are at a loss for clear-cut distinctions between the bounds of responsibilities of the Offices of Supervision and Control and that of the related institutions such as the police, the government inspectorate, the court of justice and the Justice Ministry. The question "Which of these institutions is principally responsible for supervising and controlling the obedience to the law of common citizens" has not been answered clearly without leaving a confusion on the rights to initiate public prosecution.

The People's Offices of Supervision and Control have been given a great power since Law 20/LCT was signed by Ho Chi Minh on July 26, 1960. But the offices have no rights to prosecute central leaders of the Party, particularly the Politburo members, who are paid by tax payers' money.

There is no hope that the amendments and supplements to the constitution would bring some better changes to the common people lives and the development of the nation. The revision could be nothing more than tricks to alleviate criticism and pressure from inside and outside of the Party for radical economic and political reforms. The sly Politburo members are always able to think out some wily schemes to fool the world public opinion with lies and ruses.

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