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The constitutionalization of the Party’s leadership over the State and society in the Constitution of 2013 is historically indispensable, reflecting the will and aspirations of the people. It stems from the nature, the role and the prestige of the Party. That the party is trusted, selected and mandated by the people to lead the State and society is irrefutable!

That the National Assembly - the highest authority of the people - has constitutionalized  the Party’s leadership in the Constitution, clearly states the revolutionary and scientific nature of the Party. This is reflected in the fact that the Communist Party of Vietnam (CPV) is the vanguard of the working class, concurrently the vanguard of labouring people and Vietnamese nation, faithfully representing the interests of the working class, labouring people and the entire nation, acting upon the Marxist-Leninist doctrine and Ho Chi Minh Thought, is the force leading the State and society. This manifests the fact: Firstly, the Constitution is built, implemented and protected by the people; it reflects the will and the aspirations of the people. Thus, it can be affirmed that people - the real owners of the regime - not only acknowledge the nature, the role, and honor the Party in order for it to be acclaimed with a legal status, but also protect the Party. The law is consistent with morality, so in essence, protecting the Party is to protect the people and for protection of the people that it is necessary to protect the Party - a party that is acknowledged by the people is their party. Secondly, the Constitution has clearly constitutionalized both the purpose and the responsibility of the Party: “The Communist Party of Vietnam is closely associated with the People, shall serve the People,  shall submit to the people’s supervision and is accountable to the People for its decisions”. This is something new to democratic theory in the context of the ruling party, and is extremely important to the people’s life, the power of the people and the existence of the Party.

The Party is the leader but is subject to the People’s supervision and control; responsible to the People for its decisions. It is the legal institutionalization, tightly bound by law to the Party. This is a plausible legal basis, a clear answer, asserting that in our country a ruling Party still ensures good execution of democracy, no autocraticism, no authoritarianism. It denies the distorted and demagogic allegations that a ruling party is autocratic, authoritarian, absent of democracy. However, truth is always explicit, is the voice of reason raised by the People themselves: multi-party system and pluralism are not the key to address democratic problems.

In fact, the institutions of multi-party politics in many countries and nations have frequently and constantly suffered anti-democracy, chaos, crisis, ultimately prone to undermining interests and the right to life of people, weakening the national internal power. Factions take advantage of part of people’s psychological discontent  on the institutional deficiencies and social negativities, inciting conflicts, protests, riots to struggle for their power and interests, not for  peace and happiness of the people. It also reveals that when rights and obligations of the leading Party and people’s mastership are institutionalized, the relationship between the Party, State and people will be legally established. It is the standard of democracy and democracy is executed within the legal corridor.

It is obvious that democracy and democratic culture do not depend on a one-party or multi-party regime. The importance lies in the nature, the motive and the purpose of that party. The Vietnamese Communist Party is the party for the people, respects the people, respects the law. Therefore, the Party is acknowledged by the people. Thirdly, the Constitution clearly stated: Party organizations and members of the CPV operate within the framework of the Constitution and the law. With this constitutionalization and institutionalization, the Party and its members do not stand outside the law, but they always have to be mindful and act in a constitutional and legitimate way. Moreover, the Party and its members must also be pioneers and exemplary in observance of the law, setting an example for the masses. In Ho Chi Minh’s thought, “the Party is moral and civilized” implies both the revolutionary ethics and civilized politics that the Party has to present itself as a vivid embodiment.

Basing on the above analysis, it can be said that, Article 4, as well as the whole Constitution, has clearly defined the Party’s role in leading the State and society. That role of Vietnamese Communist Party theoretically as well as practically manifests merits and legitimacy of the Party in leadership and governance, being recognized and advocated by the people; being asserted in and protected by our Constitution and our State law. This fact is irrefutable.

In order for the Constitution to truly come into life, affirming the Party’s role in leading the State and society, creating a spiritual and political dynamic for promoting the development of economy, culture, strengthening national defense and security, building and perfecting the socialist law-governed State, demonstrating clearly the fine nature of socialist democracy in our country, there are still a number of issues that need dealing with, urging the responsible efforts of the whole Party, the entire people and army.

First of all, the Party should focus on leading the State to institutionalize and amend the law, the current legal regulations and to promulgate new laws in accordance with the Constitution, thus ensuring the enforcement of the Constitution, as well as enabling all the activities of the Party, the State and the political system in our country to meet the requirements of constitutionalness and legitimacy.

Secondly, it is necessary to promote legal propagation, popularization and education among all organizations, forces and entire people, raising the awareness and shaping a legal culture in the social life.

Fourthly, the struggle against bureaucracy, squanderance and corruption should be vigorously enhanced. Accordingly, it is vital to seriously exercise the Party’s political will to prevent and repel corruption, to severely punish corrupt people who “harm the people, harm the country”, restoring people’s trust in the Party, State and regime.

Professor Hoang Chi Bao, Ph.D

Central Theory Council