Building and perfecting a Socialist rule-of-law state in Vietnam, the one that is of the people, by the people, and for the people, is an objective necessity grounded in solid theoretical and practical foundations. This cause has yielded positive results and continuously enhanced the efficacy and efficiency of social governance. However, hostile and reactionary forces consistently try to distort the nature and deny the achievements that Vietnam has secured in implementing this goal. This is a highly dangerous tactic that must be clearly recognised, resolutely combated, and refuted.

Over the past eight decades, particularly since the inception of the “Doi Moi” (Renewal) process, the Party and State have paid special attention to the task of building and perfecting the socialist rule-of-law state in Vietnam, achieving significant milestones in terms of conceptual understanding, theoretical development, and practical social reality. The establishment of a state that is truly of the People, by the People, and for the People, upholding the rule of law, ensuring and promoting the People's mastery, and exercising effective social governance serves as a “pillar” of the cause of building and defending the Socialist Fatherland of Vietnam. This reality cannot be distorted or denied.

However, throughout this process, especially in recent years, the socialist rule-of-law state in Vietnam has remained a primary target of hostile and reactionary forces, both domestic and foreign, in their attempts to distort and sabotage across ideological, theoretical, and practical dimensions. They simultaneously misrepresent its nature and deny the achievements in building and perfecting this model in Vietnam.

Party General Secretary and State President To Lam talks with residents of Phuc Thinh commune about administrative procedures (Photo: VNA)

Theoretically, they cling to the outdated argument that the rule-of-law state is a “bourgeois value”, a unique product of the West, and thus contend that the rule of law is “incompatible” with a socialist orientation. They claim that a one-party leadership makes it “impossible to build a genuine rule-of-law state”, and that any attempt to do so results in a forced, unnatural combination akin to mixing “fire and water”. They further make baseless accusations that Vietnam’s current political system “violates the principles of the rule-of-law state” and “fails to meet international standards”, adding that building such a state “implies the path toward capitalism”.

In practice, hostile, reactionary, and dissident forces, along with political opportunists, vociferously distort the truth by claiming that Vietnam lacks democracy and violates human rights. They disparage that “the so-called rule-of-law state in Vietnam cannot foster democracy” or guarantee the People's right to mastery. Consequently, they make sweeping, unfounded allegations that under the governance of Vietnam’s rule-of-law state, the People's right to mastery and human rights are neither respected nor guaranteed.

The aim of these distorted narratives is to deny the achievements made in building and perfecting the socialist rule-of-law state and to undermine the democratic nature of the country's political system. At the same time, they seek to sow doubt among certain cadres, Party members, and the mass regarding the Party's leadership role in the cause of building and perfecting the socialist rule-of-law state in Vietnam.

To effectively counter and expose the plots and tactics of hostile forces, it is essential to clearly articulate and affirm three core issues.

1. In Vietnam, the construction of a Socialist rule-of-law state is a fundamental component of building socialism, a guiding principle and the theoretical “backbone” of the Communist Party of Vietnam in the “Doi Moi” (Renewal) process and is continuously being perfected. The Socialist rule-of-law state in our country both reflects the universal characteristics of the rule-of-law state, inheriting the universal values ​​regarding the state and law found throughout human history, and deeply embodies Vietnam's unique characteristics as representing the continuation of the achievements of the August Revolution of 1945 and an inevitable requirement of the socialist construction process. Therefore, the claims propagated by hostile and reactionary forces, asserting that the rule-of-law state is a bourgeois value or an exclusively Western product that is “incompatible” with the socialist orientation, or that Vietnam “cannot build a genuine rule-of-law state”, are not only unscientific, ahistorical, and inconsistent with Vietnam's reality, but also constitute a deliberate distortion and denial of the efforts and achievements made in building and perfecting the socialist rule-of-law state in our country.

In reality, the Socialist rule-of-law state being built in Vietnam, under the leadership of the Communist Party, fully meets the criteria of a rule-of-law state while reflecting Vietnam's specific characteristics and undergoing continuous improvement. These characteristics include: (1). A state that upholds the rule of law, recognises the supremacy of the law, and is grounded in the Constitution; a legal system that reflects the will and aspirations of the People, is unified, consistent, transparent, feasible, and is respected and strictly enforced. (2). A streamlined, high-performing, and effective administrative apparatus; state power is unified yet clearly delineated, with a system of division of duties, coordination, and rigorous checks among the legislative, executive, and judicial branches. (3). A streamlined, professional, transparent, and independent judicial system. (4). Human rights and the People's right to mastery are guaranteed and promoted by law.

It must be emphasised that the substance and nature of these criteria within Vietnam’s Socialist rule-of-law state are progressive, reflecting the superior nature of the socialist system in our country. All state power belongs to the People; the ultimate goal is to serve and protect the interests of the People, the vast majority, rather than those of a minority group, as is the case of a capitalist rule-of-law state. This constitutes a fundamental principle, a goal, and a significant achievement in the construction and refinement of the Socialist rule-of-law state in Vietnam, representing a fundamental distinction and a far more progressive approach compared to that of a capitalist state.

Claims that Vietnam’s “construction of a rule-of-law state signifies a shift toward the capitalist path” are baseless. They represent a deliberate distortion and misrepresentation of the nature and objectives of this process, while denying the achievements made in building and perfecting Vietnam’s socialist rule-of-law state. By building a rule-of-law state, our country is creating a “primary instrument” to guarantee and promote the People's mastery, as well as a “pillar” for the construction and defence of the socialist Fatherland. This is by no means a “shift toward the capitalist path”, nor is it a forced combination between “water and fire”, as distorted by hostile, reactionary, and politically opportunistic forces.

People are entitled to all-round development in the Vietnam socialist rule of law state (Photo: baochinhphu.vn)

2. As previously affirmed, the rule-of-law state is not an exclusive value of capitalism, nor is the separation of powers the default model for “freedom, democracy, and human rights”. Vietnam’s model of power organisation adheres to the principles of a rule-of-law state, specifically a Socialist rule-of-law state. Within this framework, “State power is unified, with a division of labour, coordination, and checks among state agencies in the exercise of legislative, executive, and judicial powers”. State power belongs to the People and is subject to close oversight by the Fatherland Front and mass organisations. This model ensures the entire system operates smoothly, synchronously, and in a well-coordinated manner, with power effectively and substantively controlled. It guarantees that the guidelines and policies of the Party and State are implemented swiftly, accurately, and efficiently, yielding optimal results with minimal resource expenditure. How can such a state model be described as “contrary to the principles of the rule of law”, “inconsistent with international standards”, or “ineffective”? These are highly dangerous arguments that deliberately distort and deny the achievements made in building and perfecting the Socialist rule-of-law state in Vietnam, as well as the nation's political system and the leadership of the Communist Party of Vietnam over the State and the society, all while extolling and promoting the bourgeois rule-of-law state model.

It should also be noted that the country's administrative system is being “reformed towards professionalism and modernity”. To date, the reorganisation and streamlining of the state apparatus have been implemented comprehensively, thoroughly, and synchronously nationwide on a large scale, reducing the number of entities directly subordinate to the central government, provincial-level administrative units, and commune-level units by 34.9%, 46% and 66.9%, respectively. For the first time since 1945, the country has eliminated an administrative tier (removing the district level) to implement a two-tiered local government structure. Vietnam is building and perfecting a rule-of-law state that fosters development, shifting from administrative management and deep economic intervention to a role of facilitating development, thereby enhancing the State's “capacity for management, governance, and development facilitation”. This transformation is linked to the streamlining of the state apparatus, making state operations more effective and efficient while better serving the people, businesses, and society. This process and its results constitute a crucial achievement in building and perfecting the Socialist rule-of-law state in Vietnam, which cannot be denied or distorted.

3. In Vietnam’s socialist rule-of-law state, all guidelines and policies of the Party and the State “stem from the needs, aspirations, and legitimate rights and interests of the people; take the respect for, guarantee of, and protection of human rights, civil rights, and the People's happiness and satisfaction as the yardstick and goal to strive for”. The relationship between citizens and the State is one of equality before the law. Human rights and civil rights, including the freedoms of belief and religion, speech, the press, access to information, assembly, association, and demonstration, are stipulated by the Constitution and the law, and are guaranteed in practice.

“Socialist democracy is the essence of our regime, serving as both the goal and the driving force of national development”. Every citizen has the right to participate in the management of society, either directly or through representatives of their own choice. The noble nature and superiority of the democratic system in Vietnam are increasingly and vividly demonstrated in the daily lives of the People across all spheres, economic, political, social, and cultural. Simultaneously, the proactive and creative spirit of the people in the cause of building and defending the socialist Fatherland, under the leadership of the Party and the management of the State, is being fully fostered. This constitutes a fundamental distinction between the bourgeois rule-of-law state and the socialist rule-of-law state, illustrating the superiority of our country's democratic system.

Therefore, any claims alleging that Vietnam “lacks democracy” or that the State “fails to promote democracy” are merely distortions intended to misrepresent the true nature of the system and deny the achievements made in building and perfecting Vietnam’s socialist rule-of-law state, as well as the reality of democratic life in the country. Such rhetoric will deceive no one and will inevitably be refuted by reality.

Assoc. Prof. Dr. NGUYEN MANH HUONG