Communist Review  - Ho Chi Minh's thoughts on the state and law, including that on legislative activities, which were continuously supplemented and developed by the late leader, have served as a foundation, a theoretical basis and a guideline for building and improving the legal system in Vietnam since the country gained independence. Applying and promoting the invaluable achievements of Ho Chi Minh's thoughts in legislative activities along with continuing to strongly renew the National Assembly's activities, is a mandatory requirement to contribute to   building successfully the socialist rule-of-law state in Vietnam.

I. Ho Chi Minh's thoughts on legislative activities

Ho Chi Minh's thoughts on legislative activities are expressed through the following basic arguments:

Firstly, Ho Chi Minh's thoughts on the inviolability of national sovereignty and the sacredness of national independence.

President Ho Chi Minh affirmed that protecting the national territorial integrity is indispensable and absolute, has strategic significance throughout the revolutionary process, and is decisive to legislative, executive and judicial activities as well as to all areas of national social life from socio-economic to political, from culture to science, from diplomacy to military, national defense and security... According to Ho Chi Minh, protecting the territorial integrity of the country is a mandatory task, a “must-have” action.

Along with the integrity of national sovereignty, national independence is the main thought that governs Ho Chi Minh’s entire revolutionary career. He affirmed: Freedom for my compatriots, independence for my Fatherland, that is all I want and all I understand⁽¹⁾. According to Ho Chi Minh, national independence and freedom must be real, complete and manifest in all areas of social life; national and human rights must be implemented in practice. National independence must be associated with the people's freedom because “if the people in an independent country are not happy and free, independence is meaningless”⁽²⁾. 

The Vietnamese revolutionary practice showed that his thoughts on national sovereignty and national independence have been increasingly promoted. This is an important ideological basis for all activities of state agencies, for the will and aspirations of the entire people, and is the basis, goal and motivation of legislative activities today and in the future.

Secondly, Ho Chi Minh thoughts on the people's sovereignty that all State power belongs to the people, the State of the people, by the people and for the people. 

“All power in the country belongs to the entire Vietnamese people”⁽³⁾ - that is Ho Chi Minh's consistent thought. In Ho Chi Minh's thoughts, the word “PEOPLE” is placed in the supreme position. He always admonished: “Nothing under the sky is as precious as the people; Nothing in the world is as powerful as the united force of the people”⁽⁴⁾. Everything big or small is aimed at benefiting the people and avoiding harm to the people. Bringing the people's talents and power is to benefit the people and to pursue happiness for the people, because the people are the master, and the people are the measure of truth. For Uncle Ho, the truth is all for the benefit of the Fartherland and people; what is contrary to the interests of the Fatherland and people is not the truth; wholeheartedly serving the Fatherland and people is obeying the truth.

Thirdly, Ho Chi Minh's thoughts on upholding the supremacy of the law.

In 1922, the claim of the people's rights and the State’s legal regime with the Constitution in the supreme position was generalized by him and elevated to a sacred and heart-wrenching thought in “Vietnamese petition in verse”:

“Seventhly, petitions for the promulgation of the Constitution

Hundred things must have the divine power of law”⁽⁵⁾.

Ho Chi Minh soon realised the organic, flesh-and-blood relationship between the people's rights to social mastery, democracy, freedom and the Constitution and laws. He clearly recognised the role of the Constitution and laws in changing the nature of a political regime. With Ho Chi Minh, the divine power of law is not vague or far-off. He realized that to build a rule-of-law state in which everyone must obey and respect the law, the law ought to be supreme over all. His thought is showed in the Constitutional Platform guiding the way to fight for national independence, to establish a people's democratic state, and to respect, guarantee and protect people’s freedom and mastery. It is the red thread for legislative activities and for the building and improvement of the Vietnam’s legal system.

Fourthly, Ho Chi Minh's thoughts on the requirement and purpose of the law that must be humane and for the people.

Ho Chi Minh always wanted to build a humane legal system by the people and for the people. The law must be harmonious, deal with the relationship among people, between people and work on the basis of reason and love.

The legal system that he wishes to build is the product of the regime that has “the sole purpose of pursuing freedom and happiness for everyone... putting people’s interests first”⁽⁶⁾. Right at the first meeting of the Provisional Government on September 3, 1945, Uncle Ho demanded: “We must have a democratic Constitution”⁽⁷⁾. He directed the whole process of drafting the 1946 Constitution and the 1959 Constitution with contents clearly expressing democracy for the people. In his guiding speech at the National Judiciary Conference in 1950, he pointed out: “Our law now protects the interests of millions of workers... Our law is truly democratic law, because it protects the freedom and widely democracy rights for the working people” ⁽⁸⁾. Thus, in Ho Chi Minh's thoughts, the law is made only for the people. This is the basic principle for building and perfecting Vietnam’s legal system from its independence until today and in the future. 

Fifthly, Ho Chi Minh's thoughts on respecting international law. 

Respecting international law is a very far and wide vision of President Ho Chi Minh. He said “To all countries in the world, the Democratic Republic of Vietnam earnestly wishes to maintain friendship and sincere cooperation on the basis of equality and mutual assistance to build a long-lasting world peace”⁽⁹⁾. His viewpoints are the ideological foundation for the foreign policy of the Vietnamese Party, State and people, and the basis for countries with different political regimes in the world to recognise and establish diplomatic relations with Vietnam. This is also the guideline and basic principle for building and improving the legal system on foreign affairs and the integration of Vietnam.

Sixthly, Ho Chi Minh's thoughts on ensuring democracy in the law-making process. 

In the building of the legal system, Ho Chi Minh paid great attention to democracy. According to him, to have such a legal system, the people’s participation in the law-making process is a prerequisite. In the process of formulating the 1959 Constitution, he paid special attention to ensuring the participation of a large number of the people in the law-making process. To ensure the real law of the people, he requested: “The Constitution we will draft… must represent the aspirations of the people… After drafting, we need to solicit people’s opinions of the country widely. Only then will our Constitution truly be a Constitution of the people and of the democratic system”⁽¹⁰⁾. 

President Ho Chi Minh commented: “It must be well aware and strictly abide by the law”; “the social equality is in the law” and “the right democracy is also in the law”⁽¹¹⁾. Thus, in his thoughts, building and perfecting the legal system must be towards the democratic and progressive goals.

From the above viewpoints, it can be affirmed that Ho Chi Minh's thoughts on the state, law in general, and legislative activities in particular are the precious spiritual assets that must be preserved, protected and promoted in  the cause of innovation and integration, in the process of industrialization and modernization to develop quickly and sustainably in order to successfully build a socialist rule-of-law state, and contribute to strengthening and creating an important foundation for both on the theory and practice of socialism, and the path to socialism in Vietnam.

II. Studying and applying Ho Chi Minh's thoughts on legislative activities in the process of building a socialist rule-of-law state in Vietnam

Studying and applying Ho Chi Minh's thought, morality and style in legislative activities in the current period plays a very important role in the context that the whole Party and people are actively and proactively successfully implementing the orientations, key tasks and strategic breakthroughs identified at the 13^th National Party Congress on perfecting the legal system and building a socialist rule-of-law State. These are: The building and perfection of the socialist rule-of-law state which is clean, strong, lean, effective and efficient, serves the people and for the development of the country⁽¹²⁾; the synchronous completion of the system of laws, mechanisms and policies to strongly promote socialist democracy and the people's mastery⁽¹³⁾; strategic institutional breakthroughs to strongly promote socialist democracy, the people's mastery, and at the same time, build a clean and strong socialist rule-of-law state of Vietnam⁽¹⁴⁾.

In addition, for effective integration, Vietnam must have legislative solutions to build and perfect the legal system to not only ensure both suitability and promotion of domestic advantages and strengths, but also be both harmonized and compatible with common standards of international law, and present itself as a reliable and reputable partner with a role in the international community. Vietnam is also in tune with the flow of the Fourth Industrial Revolution with the aspiration to develop a strong, prosperous and happy country. International integration in the context of the Fourth Industrial Revolution will have many impacts on the study and application of Ho Chi Minh's thoughts on legislation in the process of building a socialist rule-of-law state. Many new and unprecedented problems will arise and require the adjustment of the law so that the Vietnamese Fatherland and people enjoy the best benefits brought by international integration and this Revolution.

1. Requirements on legislative activities in building a socialist rule-of-law state in Vietnam

Inheriting the awareness of the socialist rule-of-law state mentioned in the documents of the previous congresses, the content of building and perfecting the socialist rule-of-law state is a key task in the 13^th National Party Congress tenure, mentioned many times, one of the three strategic breakthroughs of the Congress with newer and deeper points in perception, and is implemented stronger and more drastically. The 13^th National Party Congress clearly stated that this goal can only be achieved when we know how to associate increased publicity and transparency with accountability, effective and substantive control of power with tightness of discipline and rule, the building of a rule-of-law state with the goal of preventing and combating corruption, respect and abidance by market rules with ensuring the socialist orientation,  respect of the interests of people and nation with maitainance of the harmony of interests among the State, the market and society...

In order to accomplish the above goals to successfully build a socialist rule-of-law state in Vietnam, legislation must meet the following 6 requirements:

Firstly, it is neccesary to create a legal corridor for the State to be organized and operate within the framework of the Constitution and law. Legislative activities must make real institutional breakthroughs to solve practical problems practically and specifically to ensure the coverage of the law in all areas of life, bring the reality, “breath” and demands of life into the law before implementing the law in practice. The legal system must ensure better and better democracy and fairness to serve as the basis for the successful building of a socialist rule-of-law state. 

Secondly, it must ensure the respect and protection of human rights, the rights and freedom of citizens, and maintain the relationship between the State and citizens, between the State and the society; to ensure human rights in all areas of State and social activities. Taking the respect, protection and assurance of human rights is like the criterion for evaluating the rule of law of the State and the effectiveness and efficiency in the operation of agencies in the state apparatus and in performance of official duties of state officials, civil servants and public employees. All activities of the State must derive from respecting and guaranteeing human rights, creating all conditions for citizens to exercise their rights in accordance with the provisions of law. The relationship between the individuals and the State is strictly defined in terms of law, equal and determined according to the principle: State agencies can only do what the law allows, the people are allowed to do everything except those prohibited by law.    

Thirdly, it is neccesary to ensure that state’s power is organized and implemented according to the following principles: Assigning, coordinating and controlling the power must be effective in the exercise of legislative, executive and judicial powers. At the same time, the organization and exercise of powers must be strictly controlled with specific power control mechanisms from within to outside the state apparatus; strengthen the supervision mechanism of the people and society over the exercise of the state’s power. 

Fourthly, an appropriate constitutional and legal protection mechanism needs to be ensured. The foundation of the rule-of-law state is the Constitution and a democratic and fair legal system. Therefore, a mechanism to protect the Constitution and the law is always a requirement and a necessary condition to ensure that the Constitution and laws are always respected, appreciated and strictly followed. The form and method of protecting the Constitution and laws must be consistent with Vietnam's institution, and aim at ensuring the supreme and inviolable status of the Constitution, eliminating acts contrary to the spirit and provisions of the Constitution, regardless of the subject of these acts. Along with protecting the Constitution, it is necessary to continue to improve and implement a truly transparent and clean judicial system to maintain and protect the rule of law in all areas of activities of the State and society.

Fifthly, it is necessary to ensure the adaptation to the impacts of the Fourth Industrial Revolution. Thus, legislative activities must create a legal basis to make the most of the achievements and positive impacts of the Fourth Industrial Revolution to benefit the people, businesses and society; minimize the negative impacts of this Revolution to protect the people, businesses and the State against possible consequences. The activities must also ensure the role of the State in formulating and perfecting laws to promote innovation with new thinking, in line with the progressive trend of the world in the context of the Fourth Industrial Revolution.

Finally, the socialist rule-of-law State must be ensured under the leadership of the Communist Party of Vietnam. This very important content shows most clearly the characteristics of the socialist rule-of-law State in Vietnam. Strengthening the leadership role of the Party over the State must be associated with and based on the innovation and rectification of the Party. 

2. Studying and applying Ho Chi Minh's thought, morality and style on legislation in the process of building a socialist rule-of-law State in Vietnam

The term of the 14^th National Assembly takes place at the same time with the promotion of studying and following Ho Chi Minh's thought, morality and style according to Directive No. 05-CT/TW. During this term, the National Assembly has promulgated many legal documents to promptly institutionalize the Party's guidelines and policies, and continue to concretize and bring the 2013 Constitution into life. Thereby, to affirm the important role in building and perfecting the institution of the socialist rule-of-law State in Vietnam. The 14^th National Assembly has passed 73 laws, 2 ordinances and 31 resolutions containing legal norms to create a legal basis for building a socialist rule-of-law State.

Continuing promoting the study of Ho Chi Minh's thought on the state and law in general, and on legislative activities in particular, is the foundation and mandatory requirement for the successful building of the socialist rule-of-law State in Vietnam to contribute implementing successfully the goal of rapid and sustainable national development. Applying Ho Chi Minh's thoughts on legislative activities in today's context in order to build a legal system meets the requirements of the practice but also must have a vision and strategy to lead and orient the practice. In the coming time, the National Assembly will continue promoting the implementation of the study of Ho Chi Minh's thought according to Directive No. 05-CT/TW and Conclusion No. 01-KL/TW⁽¹⁵⁾ in legislative activities. This will contribute to proving the correctness and realizing the guiding viewpoints on several theoretical and practical issues about socialism and the path to socialism in Vietnam, which were mentioned in an important article dated on May 17, 2021 of General Secretary Nguyen Phu Trong⁽¹⁶⁾. 

Accordingly, along with participating in research, development and implementation of the Strategy for building and perfecting the socialist rule-of-law State of Vietnam to 2030, with orientation to 2045⁽¹⁷ , legislative activities  of the 15^th-tenure National Assembly should focus on  several  important following areas:

Firstly, in formulating and improving the law on national sovereignty and borders:

Continuing improving the legal system to resolutely and persistently protect the independence, sovereignty, unity and integrity of territory, sea, islands and space; to maintain a peaceful and stable environment for the national development. Continuing legislating to serve as a legal basis for the successful implementation of strategies such as: National Defense Strategy, Military Strategy, National Security Protection Strategy, National Border Protection Strategy and the National Defense Strategy in cyberspace... Continuing affirming the central role and position of the people in the national development strategy, and in the entire process of national building and defense. 

Secondly, in formulating and improving the law on organization of the state apparatus of the people, by the people and for the people:

Focusing on building a legal basis to better define roles, positions functions, tasks and powers of state agencies in the exercise of legislative, executive and judicial powers on the basis of the rule-of-law principles; to ensure the state power to be unified and have effective assignment, coordination and control of state power. Performing well the functions of the State to properly handle the relationship among the State, the market and the society. The State focuses on macro management, improves the quality of building institutions, strategies and plans. Completing the legal system to promote decentralization, separation of powers, to build a democratic, rule-of-law, professional, modern, clean, strong state administration serving the people and ensuring the publicity, the transparency and the unified, smooth, effective and efficient management. Institutionalizing by the law to build and implement a scientific, collective, democratic working style respecting, being close to, understanding and being for people, sticking to the practice, studying hard, and giving speechs with actions. 

Continuing renovating the organization and operation of the National Assembly to ensure that the National Assembly is really the highest representative agency of people as well as the highest state power agency. Improving the operational quality and efficiency, and increasing the democracy, rule of law, professionalism of the National Assembly in the organization and operation, in the exercise of legislative functions, in deciding important issues of the country, and in the supreme supervision. Improving the monitoring and evaluating mechanism for those in the positions elected or approved by the National Assembly or the People's Council. Establishing synchronously and linking the supervision mechanism of the National Assembly and the People's Council with the inspection and supervision of the Party, with the supervision and social criticism of the Fatherland Front and socio-political organizations and the people. 

Thirdly, in formulating and improving the law on human rights and citizens' rights:

Improving the legal basis for the correct and effective implementation of direct democracy, representative democracy, especially democracy at the grassroot levels. Building a legal mechanism to realize the new content added at the 13^th National Party Congress as “people monitor, people benefit”, and to effectively implement the motto: “People know, people discuss, people do, people inspect, people monitor, and people benefit”. Building and perfecting the people's supervision mechanism. Creating a legal basis for the people to empower without losing their rights, for state agencies and individuals to be empowered without usurping people's rights;  which is the most decisive issue to ensure that state power really belongs to the people. Strongly promoting and placing the requirement of listening to the people, serving the people as the supreme requirement in the activities of the National Assembly, its agencies and each National Assembly member in order to fulfill the tasks assigned by the people. Directing legislative activities to human goals that is to liberate all potentials of the people, and foster, develop and save the people's strength.

Fourthly, in formulating and improving the law on the sustainable economic, social and environmental development:

Continuing improving the legal basis to promote industrialization and modernization based on science, technology and achievements of the Fourth Industrial Revolution. Developing legislation to promote innovation, maximize benefits and minimize risks in order to effectively solve numberous problems of the Fourth Industrial Revolution⁽¹⁸⁾. Building “sandboxes” of new investment and business models such as: the sharing economy, circular economy, smart tourism, fintech... Continue improving institutions on regional development planning, plans and resource allocation to bring into play regional advantages and special administrative - economic units. Completing laws to mobilize, allocate and effectively use land and resources to ensure the publicity and the transparency, and overcome disputes, complaints, corruption and wastefulness. Accelerating the completion of the legal system, mechanisms and policies to ensure synchronization and transparency of market factors in order to be able to capitalize resources, allocate them appropriately and use them effectively. Harmonizing the relationship among economic development, social justice and environmental protection. 

Fifthly, in formulating and improving the law on international integration:

Improving the legal system to serve as a legal basis for the implementation of various forms of international integration with flexible roadmaps suitable to the country's conditions and goals in each period. Fully and appropriately internalizing international treaties and commitments of which Vietnam is a member. Actively and responsibly participating in international treaty-making activities. Accordingly, actively moving from the participant in predetermined rules of the game to the subject of designing rules in the international arena, step by step proposing the building of international treaties from the practice of Vietnam. 

Sixthly, in the legislative process:

Continuing innovating the legislative process, and expanding democracy in the law-making work for the legal provisions to be feasible, consistent with the practice, and have the scientific ground. Improving the mechanism to ensure criticism, objectivity and adequate practical assessment, to listen to the opinions of the people and subjects directly affected by the law project. Ensuring publicity and democracy in receiving and responding to opinions and recommendations of individuals, agencies and organizations in the process of law formulation and examination. Strongly renovating the methods of verifying and collecting opinions from the Ethnic Council and committees of the National Assembly, and enhancing consultation and participation of experts and scientists. Researching and developing a legal mechanism regulating policy advocacy activities to ensure objectivity, transparency, control and close supervision in order to effectively contribute to the expansion of democracy and, at the same time, to fight against group interests in legislative activities. 

Seventhly, in enforcing the law: Closely linking the law-making work with the law enforcement. Continuing improving the coordination mechanism among law-making agencies, law- enforcing agencies and law- protecting agencies. Concentrating resources and conditions to well perform the tasks of improving the effectiveness and efficiency of enforcing law, inspecting, examining and handling law violations; reforming administrative procedures; consolidating the organization, rationally reducing the number of focal points, eliminating the intermediary level in law enforcement. Strengthening and diversifying forms of law propagation, dissemination and education, and legal consultation and aid for the rapid law implementation in life. Regularly monitoring, evaluating, summarizing law enforcement, and reviewing and systematizing legal documents to promptly detect and overcome inadequacies, omissions, contradictions and overlaps in the legal system.

Finally, in propagating, disseminating, spreading and promoting Ho Chi Minh's thought, morality and style in legislative activities in particular, in the process of building a socialist rule-of-law state in general:

Continuing raising awareness for National Assembly deputies, cadres and civil servants engaged in law-making work about the content, values ​​and great significance of Ho Chi Minh's thought, morality and style on legislative activities; identifying Ho Chi Minh’s thought along with Marxism-Leninism as the ideological foundation and guideline for legislative activities. Improving the quality and efficiency of the research, application and development of Ho Chi Minh's thought into legislative activities to meet the requirements of the cause of national building and defense in the new situation;  to contribute to improving political bravery, theoretical thinking capacity, practical summarizing capacity and law formulation in order to effectively solve the problems posed in the process of building a socialist rule-of-law state in the period of international integration. 

In summary, applying and promoting the invaluable achievements of Ho Chi Minh's thought in legislative activities together with continuing to more strongly renew the activities of the National Assembly, and to enhance the role of the National Assembly- The highest representative agency of the people, the highest state power agency of Vietnam- is the foundation and mandatory requirement for perfecting the legal system, contributing to the successful building of a socialist rule-of-law State in Vietnam. A complete legal system is a premise to realize the development model desired by the entire Party and the people and as affirmed by General Secretary Nguyen Phu Trong⁽¹⁹⁾. That is the economic development associated with social progress and justice; the building of a society of compassion, solidarity, mutual assistance, towards progressive and humane values; the sustainable development in harmony with nature to ensure a healthy living environment for current and future generations in a political system of which real power belongs to the people, by the people and serves the interests of the people.

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(1) Ho Chi Minh National Academy of Politics - Ho Chi Minh and Party leaders Institute: Ho Chi Minh: - Biographical Chronicle, National politics Publishing House, 2006, vol. 1, p. 112

(2) Ho Chi Minh: Complete works, ibid, vol. 4, p. 64

(3) Article 1 of the 1946 Constitution

(4) Ho Chi Minh: Complete works, ibid, vol. 10, p. 453 

(5) Ho Chi Minh: Complete works, ibid, vol. 1, p. 47 

(6) Ho Chi Minh: Complete works, ibid, vol. 4, p. 21 

(7) Ho Chi Minh: Complete works, ibid,  vol. 4, p. 7

(8) See President Ho Chi Minh with the Vietnamese judiciary at https://moj.gov.vn/qt/tintuc/Pages/nghien-cuu-trao-doi.aspx?ItemID=634

(9) The above statement was presented by President Ho Chi Minh at the Conference of Indians studying international issues, February 7, 1958 

(10) Ho Chi Minh: Complete Volume, ibid, vol. 10, p.510 -511 

(11) Ho Chi Minh: Complete works, ibid, vol. 5, p. 299, 293, 418

(12) Communist Party of Vietnam: Documents of the 13th National Party Congress, ibid, vol. II, p. 332 

(13) Communist Party of Vietnam: Documents of the 13th National Party Congress, ibid,  vol. II, p. 334-337 

(14) Communist Party of Vietnam: Documents of the 13th National Party Congress, ibid, vol. II, p. 337-338 

(15) Issued on May 7, 2021 of the Politburo on continuing the implementation of Directive No. 05-CT/TW, dated May 15, 2016 of the 12^th Politburo “On enhancing the studying and following Ho Chi Minh's thought, morality and style” 

(16) https://nhandan.vn/tin-tuc-su-kien/mot-so-van-de-ly-luan-va-thuc-tien-ve-chu-nghia-xa-hoi-va-con-duong-di-len-chu-nghia-xa-hoi-o-viet-nam-646305/. 

(17) Communist Party of Vietnam: Documents of the 13th National Party Congress, ibid, vol. I, p. 177 

(18) Legal issues related to the development and application of artificial intelligence in the fields of social life (such as: the legal status of the robot, the operation of the robot, the self-driving car operating on the road...); issues of virtual assets, digital currency; the balance between the right to exploit data resources and the right to protect the privacy of individuals... 

(19) Prof, Dr. Nguyen Phu Trong, General Secretary of the Central Committee of the Communist Party of Vietnam: “Some theoretical and practical issues about socialism and the path towards socialism in Vietnam” at https://nhandan.vn/tin-tuc-su-kien/mot-so-van-de-ly-luan-va-thuc-tien-ve-chu-nghia-xa-hoi-va-con-duong-di -len-chu-nghia-xa-hoi-o-viet-nam-646305 

This article was published in the Communist Review No. 970 (July 2021)