Hiến pháp nào cho Việt Nam? – by my uncle-in-law Nguyễn Tiến Dũng

Bài viết dài 44 trang (bản mới: 07/02/2013) về vấn đề thay đổi hiến pháp Việt Nam.

Xem bản PDF ở đây:Constitution_VN

Tuy tình hình Việt Nam có thể “chán hơn con gián” nhưng là người Việt Nam, thì những gì cần nói vẫn phải nói. Bởi vậy tôi vừa dành mấy hôm liền ngồi viết bài này.

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6 thoughts on “Hiến pháp nào cho Việt Nam? – by my uncle-in-law Nguyễn Tiến Dũng

  1. 1 so sánh giữa các hiến pháp:

    Mỹ: nhiều tự do / ít phúc lợi xã hội
    Liên Xô cũ: ít tự do / nhiều phúc lợi xã hội
    Phần Lan: nhiều tự do / nhiều phúc lợi xã hội
    Việt Nam: ít tự do / ít phúc lợi xã hội

    Phần Lan có được những điểm tốt của cả “xã hội” và “tư bản”
    Việt Nam thì hứng được các điểm xấu

  2. Thật ngưỡng mộ GS đã bỏ tâm huyết viết bài này. Tôi là người cùng thời với GS, cũng mê Toán nhưng không đủ tài để theo đuổi ngành Toán. Cám ơn GS đã viết, trả lời PV rất nhiều những điểu mà tôi tâm đắc về giáo dục, văn hóa, khoa học, và cả về chính trị nữa. Thưa GS, làm sao cho toàn dân VN hiểu được hiến pháp là nền tảng của một quốc gia ? Làm cho hiến pháp tốt hơn là quyền lợi va nghĩa vụ của từng người ?

  3. Em không rõ đoạn “Mỹ: nhiều tự do / ít phúc lợi xã hội, Liên Xô cũ: ít tự do / nhiều phúc lợi xã hội” lắm. Phần Lan với VN thì 1 trời 1 vực rồi, nên so sánh không có gì thú vị, so sánh Mỹ với Liên Xô thì có vẻ thú vị hơn. “Nhiều” ở đây là nhiều so với những nước như VN, hay là nhiều so với ngay cả Mỹ? So với Phần Lan thì bọn Mỹ đúng là ít phúc lợi xã hội (một lý do là bọn nó cổ vũ tư tưởng “có làm thì mới có ăn”), nhưng không rõ so với Liên Xô thì thế nào?

  4. Đây là hiến pháp Liên Xô:

    http://www.departments.bucknell.edu/russian/const/1977toc.html

    Đoạn về các quyền và các tự do của công dân:

    Chapter 7: THE BASIC RIGHTS, FREEDOMS, AND DUTIES OF CITIZENS OF THE USSR

    Article 39. Citizens of the USSR enjoy in full the social, economic, political and personal rights and freedoms proclaimed and guaranteed by the Constitution of the USSR and by Soviet laws. The socialist system ensures enlargement of the rights and freedoms of citizens and continuous improvement of their living standards as social, economic, and cultural development programmes are fulfilled.
    Enjoyment by citizens of their rights and freedoms must not be to the detriment of the interests of society or the state, or infringe the rights of other citizens.

    Article 40. Citizens of the USSR have the right to work (that is, to guaranteed employment and pay in accordance wit the quantity and quality of their work, and not below the state-established minimum), including the right to choose their trade or profession, type of job and work in accordance with their inclinations, abilities, training and education, with due account of the needs of society.
    This right is ensured by the socialist economic system, steady growth of the productive forces, free vocational and professional training, improvement of skills, training in new trades or professions, and development of the systems of vocational guidance and job placement.

    Article 41. Citizens of the USSR have the right to rest and leisure.
    This right is ensured by the establishment of a working week not exceeding 41 hours, for workers and other employees, a shorter working day in a number of trades and industries, and shorter hours for night work; by the provision of paid annual holidays, weekly days of rest, extension of the network of cultural, educational, and health-building institutions, and the development on a mass scale of sport, physical culture, and camping and tourism; by the provision of neighborhood recreational facilities, and of other opportunities for rational use of free time.
    The length of collective farmers’ working and leisure time is established by their collective farms.

    Article 42. Citizens of the USSR have the right to health protection.
    This right is ensured by free, qualified medical care provided by state health institutions; by extension of the network of therapeutic and health-building institutions; by the development and improvement of safety and hygiene in industry; by carrying out broad prophylactic measures; by measures to improve the environment; by special care for the health of the rising generation, including prohibition of child labour, excluding the work done by children as part of the school curriculum; and by developing research to prevent and reduce the incidence of disease and ensure citizens a long and active life.

    Article 43. Citizens of the USSR have the right to maintenance in old age, in sickness, and in the event of complete or partial disability or loss of the breadwinner.
    The right is guaranteed by social insurance of workers and other employees and collective farmers; by allowances for temporary disability; by the provision by the state or by collective farms of retirement pensions, disability pensions, and pensions for loss of the breadwinner; by providing employment for the partially disabled; by care for the elderly and the disabled; and by other forms of social security.

    Article 44. Citizens of the USSR have the rights to housing.
    This right is ensured by the development and upkeep of state and socially-owned housing; by assistance for co-operative and individual house building; by fair distribution, under public control, of the housing that becomes available through fulfilment of the programme of building well-appointed dwellings, and by low rents and low charges for utility services. Citizens of the USSR shall take good care of the housing allocated to them.

    Article 45. Citizens of the USSR have the right to education.
    This right is ensured by free provision of all forms of education, by the institution of universal, compulsory secondary education, and broad development of vocational, specialised secondary, and higher education, in which instruction is oriented toward practical activity and production; by the development of extramural, correspondence and evening courses, by the provision of state scholarships and grants and privileges for students; by the free issue of school textbooks; by the opportunity to attend a school where teaching is in the native language; and by the provision of facilities for self-education.

    Article 46. Citizens of the USSR have the right to enjoy cultural benefits.
    This rights is ensured by broad access to the cultural treasures of their own land and of the world that are preserved in state and other public collections; by the development and fair distribution of cultural and educational institutions throughout the country; by developing television and radio broadcasting and the publishing of books, newspapers and periodicals, and by extending the free library service; and by expanding cultural exchanges with other countries.

    Article 47. Citizens of the USSR, in accordance with the aims of building communism, are guaranteed freedom of scientific, technical, and artistic work. This freedom is ensured by broadening scientific research, encouraging invention and innovation, and developing literature and the arts. THe state provides the necessary material conditions for this and support for voluntary societies and unions of workers in the arts, organises introduction of inventions and innovations in production and other spheres of activity.
    The rights of authors, inventors and innovators are protected by the state.

    Article 48. Citizens of the USSR have the right to take part in the management and administration of state and public affairs and in the discussion and adoption of laws and measures of All-Union and local significance.
    This right is ensured by the opportunity to vote and to be elected to Soviets of People’s Deputies and other elective state bodies, to take part in nationwide discussions and referendums, in people’s control, in the work of state bodies, public organisations, and local community groups, and in meetings at places of work or residence.

    Article 49. Every citizen of the USSR has the right to submit proposals to state bodies and public organisations for improving their activity, and to criticise shortcomings in their work.
    Officials are obliged, within established time-limits, to examine citizens’ proposals and requests, to reply to them, and to take appropriate action.
    Persecution for criticism is prohibited. Persons guilty of such persecution shall be called to account.

    Article 50. In accordance with the interests of the people and in order to strengthen and develop the socialist system, citizens of the USSR are guaranteed freedom of speech, of the press, and of assembly, meetings, street processions and demonstrations.
    Exercise of these political freedoms is ensured by putting public buildings, streets and squares at the disposal of the working people and their organisations, by broad dissemination of information, and by the opportunity to use the press, television, and radio.

    Article 51. In accordance with the aims of building communism, citizens of the USSR have the right to associate in public organisations that promote their political activity and initiative and satisfaction of their various interests.
    Public organisations are guaranteed conditions for successfully performing the functions defined in their rules.

    Article 52. Citizens of the USSR are guaranteed freedom of conscience, that is, the right to profess or not to profess any religion, and to conduct religious worship or atheistic propaganda. Incitement of hostility or hatred on religious grounds is prohibited.
    In the USSR, the church is separated from the state, and the school from the church.

    Article 53. The family enjoys the protection of the state.
    Marriage is based on the free consent of the woman and the man; the spouses are completely equal in their family relations.
    The state helps the family by providing and developing a broad system of childcare institutions, by organising and improving communal services and public catering, by paying grants on the birth of a child, by providing children’s allowances and benefits for large families, and other forms of family allowances and assistance.

    Article 54. Citizens of the USSR are guaranteed inviolability of the person. No one may be arrested except by a court decision or on the warrant of a procurator.

    Article 55. Citizens of the USSR are guaranteed inviolability of the home. No one may, without lawful grounds, enter a home against the will of those residing in it.

    Article 56. The privacy of citizens, and of their correspondence, telephone conversations, and telegraphic communications is protected by law.

    Article 57. Respect for the individual and protection of the rights and freedoms of citizens are the duty of all state bodies, public organisations, and officials.
    Citizens of the USSR have the right to protection by the courts against encroachments on their honour and reputation, life and health, and personal freedom and property.

    Article 58. Citizens of the USSR have the right to lodge a complaint against the actions of officials, state bodies and public bodies. Complaints shall be examined according to the procedure and within the time-limit established by law.
    Actions by officials that contravene the law or exceed their powers, and infringe the rights of citizens, may be appealed against in a court in the manner prescribed by law.
    Citizens of the USSR have the right to compensation for damage resulting from unlawful actions by state organisations and public organisations, or by officials in the performance of their duties.

    Article 59. Citizens’ exercise of their rights and freedoms is inseparable from the performance of their duties and obligations.
    Citizens of the USSR are obliged to observe the Constitution of the USSR and Soviet laws, comply with the standards of socialist conduct, and uphold the honour and dignity of Soviet citizenship.

    Article 60. It is the duty of, and matter of honour for, every able-bodied citizen of the USSR to work conscientiously in his chosen, socially useful occupation, and strictly to observe labour discipline. Evasion of socially useful work is incompatible with the principles of socialist society.

    Article 61. Citizens of the USSR are obliged to preserve and protect socialist property. It is the duty of a citizen of the USSR to combat misappropriation and squandering of state and socially-owned property and to make thrifty use of the people’s wealth.
    Persons encroaching in any way on socialist property shall be punished according to the law.

    Article 62. Citizens of the USSR are obliged to safeguard the interests of the Soviet state, and to enhance its power and prestige.
    Defence of the Socialist Motherland is the sacred duty of every citizen of the USSR.
    Betrayal of the Motherland is the gravest of crimes against the people.

    Article 63. Military service in the ranks of the Armed Forces of the USSR is an honorable duty of Soviet citizens.

    Article 64. It is the duty of every citizen of the USSR to respect the national dignity of other citizens, and to strengthen friendship of the nations and nationalities of the multinational Soviet state.

    Article 65. A citizen of the USSR is obliged to respect the rights and lawful interests of other persons, to be uncompromising toward anti-social behaviour, and to help maintain public order.

    Article 66. Citizens of the USSR are obliged to concern themselves with the upbringing of children, to train them for socially useful work, and to raise them as worthy members of socialist society. Children are obliged to care for their parents and help them.

    Article 67. Citizens of the USSR are obliged to protect nature and conserve its riches.

    Article 68. Concern for the preservation of historical monuments and other cultural values is a duty and obligation of citizens of the USSR.

    Article 69. It is the internationalist duty of citizens of the USSR to promote friendship and co-operation with peoples of other lands and help maintain and strengthen world peace.

  5. 10 Quyền Không Thể Thiếu Trong Một Hiến Pháp Văn Minh Dân Chủ

    Quyền Sinh Sống
    1. Mọi công dân có đều có quyền sống và mưu cầu hạnh phúc, không ai có thể tước đoạt hay xâm phạm quyền này của họ.

    Quyền Tự Do
    2. Mọi công dân có quyền tự do thân thể.
    3. Mọi công dân có quyền tự do cư trú.
    4. Mọi công dân có quyền tự do đi lại.
    5. Mọi công dân có quyền tự do ngôn luận.
    6. Mọi công dân có quyền tự do đảng phái.
    7. Mọi công dân có quyền tự do lập hội.
    8. Mọi công dân có quyền tự do nhóm họp.

    Quyền Bình Đẳng
    9. Mọi công dân đều bình đẳng trước pháp luật và được pháp luật bảo đảm môi trường sinh sống bình đẳng, không thiên vị bất cứ sắc tộc, giới tính, tôn giáo, đảng phái, tổ chức, thành phần hay cá nhân nào.

    Quyền Bào Chữa
    10. Mọi công dân có quyền được bào chữa và tự bào chữa theo ý nguyện trước tòa án.

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