Perfecting the provisions on civil rights in the current Vietnamese Constitution

The State must ensure the supervisory role of the National Assembly and People's Councils and the people's direct supervisory power over the entire system of executive agencies; ensure a smooth and effective apparatus; ensure a contingent of civil servants with high public service responsibilities and dedicated to serving the people.

The Judicial Reform Strategy to 2020 carries out the task of building a clean, strong, democratic, strict, justice-protecting, independent and highly effective judiciary. The key points for implementing the Judicial Reform Strategy include: Building and perfecting the legal system on judicial support in the direction of increasingly fully and conveniently meeting the diverse needs for legal support of the people; Reforming judicial proceedings in the direction of democracy, equality, publicity, transparency, strictness, ensuring the lawful and high-quality participation of the subjects of litigation relations; ensuring the quality of litigation at trials; ensuring the right person is tried for the right crime, in accordance with the law, not letting criminals escape and not wrongfully convicting innocent people. Perfecting criminal law in the direction of limiting the application of the death penalty and only applying it to a few types of particularly serious crimes, moving towards abolishing the death penalty; prescribe criminal liability and apply more severe penalties to criminals who are people holding positions of authority in the state apparatus and political system, people with authority in law enforcement, and those who abuse their positions and authority to commit crimes and violate basic human rights and freedoms.

Third, there needs to be an independent and specialized agency to perform the function of protecting the supremacy of the Constitution, while ensuring the independence of the judicial system in protecting the legitimate rights and interests of individuals and citizens. In a rule-of-law state, relying on the Court is one of the best ways to protect the legitimate rights and interests of citizens. That best way requires not only that the Court's judgment is the norm

of fairness but also requires that the procedures in the trial must be convenient, easy and low cost so that any citizen can access the Court. The mechanism of filing a complaint to the Court must become a normal way of thinking for every citizen, even when citizens bring representatives of state agencies to the Court when they consider that their rights and interests have been violated by state officials and civil servants, it must also become a normal way of life in the institution of the rule of law State and at that time the Court can only be independent and follow the law to make decisions.

In the current conditions of our country, in addition to strengthening the role of civil courts, economic courts, criminal courts, in the trial of cases, it is very important to focus on improving the effectiveness of the trial of administrative cases, labor cases of the Administrative Court and Labor Court. Because the trial of administrative and labor cases is different in nature from the trial of criminal, civil and economic cases. The trial of administrative cases is to resolve the relationship between the representative of the state agency on one side and the individual, citizen on the other side when they see that the administrative decision, administrative act of the official, state agency is incorrect, infringing on the rights of citizens and the trial of labor cases is to resolve disputes between the representative of the employer - the employer and the employee. Thus, in the relationship between citizens and state agencies; Employees are always in a weaker position than employers, so relying on the Court mechanism will have to become the best way to protect their legitimate rights and interests.

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Fourth, it is necessary to establish a responsibility regime for state agencies and civil servants in the process of performing public duties. This is one of the basic and urgent requirements of the Socialist rule of law State of the people, by the people and for the people. Establishing a responsibility regime ensures that each state official and civil servant can fully develop their personal capacity; at the same time, specifically defining the personal responsibility of each state official and civil servant in the process of performing public duties.

minimize the risk of possible infringement of citizens' rights. Accordingly, the law must specify the relationship between individuals, citizens and the State. The State is a public authority organization, meaning an employee, carrying power authorized by the people, thus specifically defining the rights of citizens in the direction that citizens have the right to do everything that is not prohibited by law, while the State, state officials and civil servants are only allowed to do what is permitted by law. At the same time, the State's responsibility is to respect and ensure the implementation of human rights and citizens must also fulfill the obligations arising from the enjoyment of rights prescribed by the Constitution and the law.

Fifth, building mechanisms and promoting the role of civil society organizations. In Vietnam, civil society organizations are understood as socio-political organizations, socio-professional organizations, mass organizations such as the Youth Union, the Women's Union, the Lawyers Association, the National Bar Federation, the Veterans Association, the Elderly Association, etc. In a state governed by law, strengthening the role of these organizations is important for ensuring human rights. Participating with state agencies to form policies at the macro level ensures that such policies are planned in accordance with reality, in accordance with the needs and common interests of the community, including the interests of the sector; at the same time, ensuring equality in the implementation and enjoyment of human rights arising from state policies. The rule of law at the macro level should not take on everything but gradually transfer some appropriate tasks under the control and settlement of government agencies to civil society organizations according to the perspective of "public administrative services" or the perspective of caring for and solving social problems is one of the best ways to promote the role of civil society organizations in the rule of law state while not reducing the effectiveness and efficiency of state management activities.

Sixth, economic growth must go hand in hand with fairness and equality. Market economic development must be closely linked to social progress and national development.

Building a rich and powerful country while eliminating hunger and reducing poverty towards zero poor households is one of the top priorities for the implementation and development of human rights. Vietnam is one of the first countries to achieve the Millennium Development Goal on hunger and poverty reduction 10 years ahead of schedule as set out in the Millennium Declaration, but the results achieved are not really sustainable. The National Target Program on Poverty Reduction for the period 2006 - 2010 has given priority to vulnerable groups such as women, ethnic minorities, the elderly, the disabled, children... with a total budget of about 43,000 billion VND, this program needs to continue to be implemented in the socio-economic development plan until 2015. Accelerate the pace of poverty reduction; consolidate poverty reduction achievements; move towards poverty eradication nationwide. It is necessary to limit the rate of increase in income gap, the gap in living standards between urban and rural areas, between plains and mountains, creating opportunities to realize the goal of "rich people" is a priority direction of the mechanism to ensure the implementation and development of human rights. The issue of solving labor and employment needs to continue to be a national priority direction, not only to solve the current pressing problems of population and social division of labor but also has fundamental significance in the human development strategy.

Seventh, prioritize the development of public health care policies, ensure the quality of human rights, improve the physical and health of each person. Promote the proactive prevention and control of social diseases and dangerous epidemics, detect epidemics early, handle them promptly, and prevent the spread of epidemics in the community. Promote the responsibility of protecting and caring for people's health; ensure the provision of clean water and environmental sanitation services for all people, ensure food hygiene and safety in accordance with advanced standards of the region and the world. Prioritize support for health care services for the poor, policy families, ethnic minority areas and particularly disadvantaged areas. Gradually push back and eliminate drug abuse, social violence, and violence.

family and other social evils. Effectively implement national target programs on prevention and control of some social diseases, dangerous epidemics and HIV/AIDS, on population, family planning, on clean water and rural environmental sanitation, on food safety and hygiene, on drug prevention and control.

Develop the social security network, limit and eliminate the negative impacts of the market economy, ensure stability and development of people's lives. Diversify and ensure the quality of social insurance and provide social services, pay practical and effective attention to the material and spiritual life quality of vulnerable groups; the poor, the disabled, the elderly, ethnic minorities, victims of Agent Orange and victims of war...

Eighth, Prioritize education development, implement education development as the top national policy to improve people's knowledge, train human resources, and nurture talents. Investment in education is investment in development, the state budget plays a key role in the total resources invested in education. The state prioritizes investment in education and education development; encourages and protects the legitimate rights and interests of domestic organizations and individuals, overseas Vietnamese, organizations, individuals, and foreign countries investing in education. Education development aims to train Vietnamese people to develop comprehensively, with ethics, knowledge, health, aesthetics, and profession; form and foster personality, qualities, and citizen capacity, meeting the requirements of building and defending the Socialist Republic of Vietnam.

CONCLUDE

The correct concept of human rights, rights and obligations of individual citizens in the socialist rule of law state of the people, by the people, for the people, the constitutional history of our country from the first Constitution in 1946 to the Constitutions of 1959, 1980, 1992, 2013 has recognized and continuously improved and developed both the legal rights and obligations of people, citizens and the legal mechanism to ensure the implementation of those legal rights and obligations in practice, especially the 2013 Constitution has taken steps to perceive correctly, appropriately, and fully compared to the standards of international law on human rights, citizen rights, including civil rights. For the progress of the 2013 Constitution to truly come into life is a very long way with specific and clear steps. In particular, the State is the main entity to institutionalize and implement the provisions of the Constitution in practice. This issue raises responsibilities for state agencies, from disseminating and propagating the new contents of the amended Constitution, to perfecting the legal system and administrative procedures, and organizing the apparatus to ensure implementation. According to the National Assembly's working program, it is expected that in the coming time, 28 laws related to human rights will be amended, supplemented or newly promulgated ( including 12 documents in the civil and political fields ) and for each content there will be a law or ordinance of the 13th National Assembly. That is, from now until 2016, these laws will soon be promulgated into practice.

The reign of the Constitution as a supreme law in the entire legal system and social life is considered a characteristic and the most important requirement in a rule of law state. Therefore, the important issue associated with the construction of a rule of law state is to have an effective constitutional protection mechanism. Protecting the Constitution by

Specialized institutions are a global trend. This reflects a global concern for human values. In any era, the progressive trend is that power must be used legitimately to serve people. The Constitution is considered an important means of humanity in realizing that goal.

With the research results of the topic, the author of the thesis hopes to contribute a small part in the work of perfecting legal documents to protect human rights, especially the rights of citizens stipulated in the 2013 Constitution, consistent with the provisions of international law, thereby contributing to building the Socialist Republic of Vietnam to be increasingly rich, democratic, fair, civilized, well integrated with the region and the world in the field of ensuring human rights; serving well the work of research and development of theories on human rights.

LIST OF REFERENCES

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2. Ministry of Education and Training (2012), Philosophy Textbook (For graduate students and postgraduates not majoring in Philosophy) , Political - Administrative Publishing House, Hanoi.

3. Ministry of Foreign Affairs (2005), Vietnam Human Rights White Book , posted at: http://www.mofa.gov.vn/vi/ctc_quocte/ptklk/nr040819162124/ns070206 102551 (accessed August 16, 2014).

4. Ministry of Foreign Affairs (2009), National report on periodic review of human rights implementation in Vietnam, posted at: http://www.mofahcm.gov.vn/vi/mofa/nr040807104143/nr040807105001/ns090723074537 (accessed August 16, 2014).

5. Nguyen Dang Dung (editor) (2008), Constitution in the Rule of Law State , Da Nang Publishing House.

6. Nguyen Van Dong (2005), Human rights and citizen rights in the Vietnamese Constitution, Social Sciences Publishing House, Hanoi.

7. Tran Ngoc Duong (2004), On human rights and civil rights , National Political Publishing House, Hanoi.

8. Gudmundur Alfredsson & Asbijorn Eide (eds) (2010), Universal Declaration of Human Rights 1948 - common goals of mankind, Labor - Social Publishing House, Hanoi.

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10. Faculty of Law – VNU (2012), Introduction to the International Covenant on Civil and Political Rights (ICCPR, 1966), Hong Duc Publishing House, Hanoi.

11. Faculty of Law – VNU (2011), Constitution: Theoretical and practical issues, Hanoi National University Publishing House, Hanoi.