The 1946 Constitution was born in the context of Vietnam having just gained independence after the August Revolution of 1945. On September 2, 1945, President Ho Chi Minh read the Declaration of Independence, giving birth to the Democratic Republic of Vietnam. However, at this time, the country faced many economic and political difficulties. Therefore, promulgating a democratic constitution that affirmed the nation's autonomy and guaranteed freedom and democracy for the people was an urgent task.
From this urgent need, at the first meeting of the Provisional Government on September 3rd, the drafting of a Constitution was proposed. Within October, the draft Constitution was submitted to the Government; in November, it was published publicly in the newspaper Cuu Quoc to gather broad public opinion; and it was adopted at the second session of the National Assembly . This Constitution was drafted in a very short time, but its content is profoundly valuable. Despite its brevity (7 chapters, 70 articles), it still ensures the core spirit of democracy and the principle that power belongs to the people.
Having existed for 13 years, the 1946 Constitution had completed its mission and needed to be amended and revised. After the victory at Dien Bien Phu in 1954, the Geneva Accords were signed, and the country entered a new phase. However, the South Vietnamese government (with the support of the US) refused to implement the agreement, leading to the division of the country. Meanwhile, the North proceeded with building socialism. The 1959 Constitution was born, meeting the need for legal changes, adapting to the actual situation of North Vietnam during the period of building socialism, and reflecting the will of the entire people in the reunification of the country. From the first draft (July 1958) to the revised draft (late December 1959), cadres, party members, and the entire population participated in discussions and contributed ideas to its drafting. When promulgated, the 1959 Constitution included a preamble and 112 articles, divided into 10 chapters, and was structured according to the socialist constitutional model.
Spanning 21 years of national history, from wartime and division to peaceful reunification, the 1959 Constitution fully completed its historical mission, giving way to the 1980 Constitution (147 articles, divided into 12 chapters). For the first time in Vietnamese constitutional history, the 1980 Constitution institutionalized the leading role of the Communist Party over the State and society in one article (Article 4); it also institutionalized the Party's guidelines on building socialism nationwide. Meanwhile, the 1992 Constitution was created with the goal of institutionalizing the reform policy, opening a new period of development for the country; marking Vietnam's transformation from a centrally planned economy to a socialist-oriented market economy, while affirming the continued leadership role of the Party.
After more than 25 years of implementing reforms, Vietnam has achieved many great accomplishments in all fields. However, in the context of increasingly deep international integration, the need to amend and supplement the Constitution to suit the new situation is necessary. On that basis, the 2013 Constitution was promulgated, clearly reflecting the viewpoint of the Communist Party of Vietnam on upholding the power of the people and continuing to promote socialist democracy.
Article 119 of the 2013 Constitution states: The Constitution is the fundamental law of the Socialist Republic of Vietnam, possessing the highest legal effect. All other legal documents must conform to the Constitution. Any violation of the Constitution shall be punished. The National Assembly, its agencies, the President, the Government, the People's Courts, the People's Procuracy, other State agencies, and the entire People are responsible for protecting the Constitution. The Constitution is promulgated by the National Assembly. Amendments to the Constitution are also carried out by the National Assembly.
The country is preparing for its 6th constitutional revision to meet the demands of reform and usher in a new era. Specifically, in Conclusion 127-KL/TW, dated February 28, 2025, the Politburo requested a review, amendment, and supplementation of Party regulations, the Constitution, and State laws. In particular, the Party Committee of the National Assembly was tasked with urgently leading and coordinating with the Party Committee of the Government to direct the Party Committee of the Committee on Law and Justice, the Party Committee of the Ministry of Justice, and relevant agencies to study the amendment and supplementation of several articles of the Constitution, focusing on issues related to the organizational structure of the political system. A report is to be submitted to the Politburo in early March 2025 for presentation to the Central Committee of the Party before April 7, 2025; the deadline for completing the amendment and supplementation of several articles of the 2013 Constitution is June 30, 2025 at the latest.
In May 2025, the 9th regular session of the National Assembly was packed with important agenda items, including amendments to the 2013 Constitution and related laws. It is evident that the changes and additions to the Constitutions throughout different periods not only inherit the core values of Vietnam's constitutional system but also reflect development and adjustments to meet the demands of the new situation. The Constitution is the supreme legal foundation, a testament to the Party's leadership and the people's aspirations for democracy, fairness, and civilization. Certainly, the latest Constitution will also meet the demands of the new era!
Source: https://baoangiang.com.vn/sua-doi-hien-phap-vi-nuoc-vi-dan-a417777.html
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