The consultation of public opinion on the draft Resolution amending and supplementing several articles of the 2013 Constitution is a sound and appropriate policy, which has received broad public support and active participation from the people. However, with their malicious intent, hostile, reactionary, and politically opportunistic forces have distorted the matter, claiming that it is “groundless, unnecessary, and merely symbolic”. This distorted view must be exposed and firmly refuted.

Constitution is the fundamental law of a nation, possessing the highest legal authority and serving as the foundation for the entire legal system. Since the establishment of the Democratic Republic of Vietnam, the present-day Socialist Republic of Vietnam, our country has adopted five Constitutions: the 1946 Constitution, the 1959 Constitution, the 1980 Constitution, the 1992 Constitution (amended and supplemented in 2011), and the 2013 Constitution.

Each of these Constitutions was enacted in a specific historical context, designed to meet the developmental needs of the country during its respective period. At present, in light of the requirements set by the cause of national development in a new era - a time of national rise - the amendment and supplementation of several articles of the 2013 Constitution are of vital importance, laying the constitutional groundwork for streamlining the state apparatus, building, refining, and improving the effectiveness of the political system, meeting the people’s will, aspirations, and legitimate interests.

National Assembly adopts Resolution on amending and supplementing several articles of the 2013 Constitution (photo: baochinhphu.vn)

In order to lawfully amend and supplement several articles of the 2013 Constitution, ensure the promotion of the people’s wisdom and right to mastery, and foster broad national consensus, the collection of public opinion has been conducted in accordance with Plan 05/KH-UBDTSĐBSHP, dated 5 May 2025, by the Committee for Drafting Amendments and Supplements to several articles of the 2013 Constitution. This plan concerns the “Organisation of Public Consultations with the people, various sectors and levels on the Draft Resolution amending and supplementing several articles of the 2013 Constitution of the Socialist Republic of Vietnam”. In recent times, this consultation process has been carried out in a serious, democratic, and lawful manner, receiving widespread support and enthusiastic participation from the public. However, with malicious intent, hostile, reactionary, and politically opportunistic forces have been actively spreading subversive propaganda against this policy. They have deliberately distorted the process, claiming that the consultation of public opinion on the draft Resolution amending and supplementing several articles of the 2013 Constitution is “groundless, unnecessary, and merely symbolic”. Such a viewpoint is entirely inaccurate, logically nonsense, completely detached from practical realities, going against the Party’s will and the people’s aspirations. It is part of a calculated attempt to undermine the leadership role of the Party, distort the democratic nature of the socialist rule-of-law state of Vietnam, sow doubt, and erode the people’s trust in our Party and State.

First, it must be affirmed that the consultation of public opinion on the amendment of the 2013 Constitution is entirely grounded in scientific reasoning and aligns with realities of the country in the current context. Based on the evolution and development of the situation and tasks of our revolutionary cause, the Politburo and the Secretariat have issued guiding documents on legislative work, particularly concerning constitutional amendment. These documents emphasise the need to harness collective wisdom, promote democracy, and gather the broader views of the people to ensure that the Constitution accurately reflects practical demands and aspirations of the entire population. This is a sound policy of our Party and State, based on legal and scientific grounds, appropriate to national realities, and one of the “four pillars” enabling the country to confidently enter a new era of development.

From a legal perspective, the 2013 Constitution of the Socialist Republic of Vietnam clearly enshrines the principle that state power belongs to the people, and that the people exercise this power both through representative bodies and direct means. Clause 2, Article 2 of the 2013 Constitution affirms: “The Socialist Republic of Vietnam is the country where the people are the masters; all the state power belongs to the people and is based on the alliance of the working class, the peasantry, and the intelligentsia”. Article 6 further asserts that the people shall exercise state power in the form of direct democracy and of representative democracy through the National Assembly, People’s Councils, and other state agencies. Thus, the people exercise state power by engaging in discussions and contributing opinions on important legal documents, including the Constitution itself. This affirms the people’s role as central actors in the process of constitutional amendment.

In addition, Articles 6 and 120 of the Law on the Promulgation of Legal Normative Documents (2015, amended in 2020) also clearly stipulate the principle of ensuring public participation in the process of drafting and amending legal documents, particularly the documents with supreme legal value like the Constitution. Practical experience from the drafting and promulgation of the 2013 Constitution offers many valuable lessons, including the nationwide public consultation process, which resulted in significant and meaningful contributions to the content of the Constitution. This represents an important legal and practical precedent that is being adapted and further promoted in the current round of constitutional amendment.

Second, the organisation of widespread public consultations on the proposed amendments to the Constitution is a necessary undertaking to meet the demands of the revolutionary cause in the new context. In order to institutionalise the Party’s guidelines and policies as well as the people’s will and aspirations into stable, appropriate, and forward-looking legal provisions, on 5 May 2025, the 15^th National Assembly adopted Resolution 195/2025/QH15 on the establishment of the Committee for Drafting Amendments and Supplements to several articles of the 2013 Constitution. This Resolution assigns the Committee responsibilities of drafting the proposed amendments, organising public consultations across all sectors and levels, collecting, explaining, and incorporating public feedback to finalise the draft for submission to the National Assembly for review and approval. In line with this, the Committee issued Plan 05/KH-UBDTSĐBSHP to concretise the assigned tasks, ensuring the process would be conducted in a coordinated, scientific, and effective manner, and in accordance with the set timeline. This is a practical step towards improving the institutional framework for building a socialist rule-of-law state of the people, by the people, and for the people, under the leadership of the Communist Party of Vietnam.

In practice, the amendment of the Constitution is a necessary step to more fully institutionalise the principles of the division, coordination, and control of power, ensuring the effectiveness, efficiency, and responsiveness of the state apparatus. In the context of digital transformation, the development of the digital economy and digital society, and the renewal of the growth model, the Constitution must be updated to ensure that human rights and citizens’ rights are exercised more fully and effectively in order to meet the demands of national development in the new era. At the same time, the amendment aims to address certain limitations in the 2013 Constitution in light of current context, ensuring alignment with international treaties to which Vietnam is a party, strengthening institutional capacity in economic, trade, and legal integration, and harmonising national laws with international standards on human rights, environmental protection, and innovation. It also aims to enhance the monitor, social criticism, and constitutional protection roles. Furthermore, it seeks to reinforce checks and balances on power, especially the roles of the National Assembly, the Vietnam Fatherland Front, the press, and the people and build a more independent and effective mechanism for constitutional protection. Additionally, it reaffirms and clarifies the management model in which “the Party leads, the State governs, the people are the masters” in the organisation and functioning of the state apparatus. This reflects a renewal in the Party’s leadership mindset and its mode of governance towards greater transparency, scientific reasoning, democracy, and closer ties with the people.

Third, the engagement of the entire population in the process of drafting and amending the Constitution is a genuine, practical, and effective endeavour that aligns with realities of the country. It aims to build a modern, efficient, and effective rule-of-law state that better serves the people, and it is by no means a mere “formality” as distorted by hostile forces. Accordingly, the nationwide consultation on the draft Resolution amending and supplementing several articles of the 2013 Constitution has been conducted from 6 May 2025 to 5 June 2025 in a substantive, effective, and practical manner. The objective is to mobilise the active participation of the whole society, ensure democratic principles, and fully reflect the people’s will and aspirations. A variety of accessible forms have been employed to facilitate broad popular participation, including meetings, conferences, seminars, submission of written comments to authorised agencies, and online contributions via the official portals of the National Assembly, the Government, and provincial-level People’s Committees. The process has also utilised digital technology, such as VNeID application, and adopted a proactive approach - “going to every alley, knocking on every door” - to guide and encourage citizens to take part in the constitutional amendment process.

To support the consultation process, relevant agencies, organisations, and local authorities distributed key materials, such as Plan 05/KH-UBDTSĐBSHP, the Draft Resolution on Amendments and Supplements to several articles of the 2013 Constitution, Explanatory Report on the draft Resolution, and Comparative Table outlining the proposed amendments alongside the current constitutional provisions.

In practice, the public disclosure of these documents via official online portals has facilitated widespread, active, and voluntary public participation. Citizens were encouraged to engage thoughtfully and conscientiously in giving their opinions. Based on the people’s feedback, responsible agencies and organisations compiled, categorised, and submitted reports on consultation outcomes to the Committee for Drafting Amendments and Supplements to several articles of the 2013 Constitution.

The feedback collected has been reviewed, explained, and duly incorporated into the drafting process, ensuring that the revised draft genuinely reflects the people’s will and aspirations. This reality demonstrates that the consultation on constitutional amendments was conducted in a serious, transparent, and open-minded manner, garnering a high level of societal consensus. It was by no means a mere formality, but rather a truly substantive effort that made a meaningful contribution to shaping the supreme legal document of the nation.

Thus, the nationwide public consultation on constitutional amendments is not only a legal requirement, but also a profound expression of democratic principles, respect for the people’s right to participate in governance, and the sense of responsibility embraced by our State. The practical evidence and analysis above affirm that the public consultation for amendments to the 2013 Constitution is scientifically grounded and reflects a rigorous and genuine process, which is instrumental to the success of constitutional reform. Any claims suggesting that public consultation is “baseless, unnecessary, or merely symbolic” are entirely unfounded in nature and must be firmly refuted.

Sr. Col. BUI THANH CAO, PhD

Deputy Director of the Institute of Military Social Sciences and Humanities