Notwithstanding the ascendance of socialist principles, in the first decade of the
twenty-first century, as the result of economic dynamics and the impact of
globalization, Vietnam introduced important constitutional reforms. Vietnam
amended the 1992 constitution in late 2001 , and is once again considering revision.
The present chapter examines Vietnam’s efforts in modernizing the constitutional
system in the last decade. Sectioniiof the chapter analyzes the reasons for and the
contents of the constitutional amendments of 2001. Sectioniiiconsiders important
movements during the time the revised Constitution was in force. Sectioniv
investigates Vietnam’s current plan for further amending the Constitution. Finally,
Sectionvconcludes with some reflections on the future of constitutionalism
in Vietnam.
ii. constitutional amendment in 2001
Reasons for amending the 1992 constitution
In December 2001 , the NA adopted, for the first time, important amendments to
the 1992 constitution. In fact, in the earlier years of 1998 , 1999 , and especially 2000 ,
party officials and academics advocated amending the charter to reflect changes in
Vietnamese society after ten years ofDoi moi(renovation).
The state apparatus was out of date after Vietnam’s decade ofDoi moi–an
economic reform program initiated by the Communist Party of Vietnam in 1986 –
which was meant to transform the centrally planned economy to the socialist-
oriented market economy (kinh te thi truong dinh huong xa hoi chu nghia).
Consequently, the 1992 constitution, which superseded the precedent 1980 charter
to institutionalize theDoi moiprogram, was characterized by provisions pertaining
to the liberalization of the economic system.^13 As far as the political system is
concerned, there were no substantial changes; the governmental structure estab-
lished by the 1992 constitution is basically analogous to that of the 1980 consti-
tution. The power, the function, and the organization of the legislative, the
executive, the courts, the procuracies, and the local governments fundamentally
remain intact, except for some slight revisions such as renaming the Council of
Ministers as the Government or separating the Council of State into the President
of State and the National Assembly’s Standing Committee.
Meanwhile, the dynamics of economic transformation as the result ofDoi moi
policies, especially the speedy diversification of sectoral structures of the economy,
in particular the remarkable rise of the private sectors, induced the need for
amending the 1992 constitution to reform the state machinery by strengthening
the role of law; more clearly distributing public powers; intensifying governmental
(^131992) constitution, Chapterii, “Economic System.”