protect justice, human rights, and citizens’ rights, and at the same time
de-emphasized the idea of the courts as instruments to protect the state’s interests
and socialist legality. The draft further enhanced judicial independence by proving
that officials, organs, and individuals are prohibited from interfering in trials by
judges and juries.
Public consultation on the draft revised constitution, albeit inevitably under the
control of the Party and the state, was unprecedentedly open and participatory.
The most controversial issues during the public debates on the draft included
the referendum on the revised constitution; the single leadership of the Communist
Party versus the alternative multiparty system; the unity of power vesus separation of
powers and other forms of checks and balances; the possible change of the name
“Socialist Republic of Vietnam” to the former name “Democratic Republic of
Vietnam”; the weak power of the proposed constitutional council and the possibility
of a stronger constitutional review body; the legitimacy of restrictions on human
rights for reasons of national defence, security, and social order; the loyalty of the
armed forces to the Communist Party or fatherland; and the state ownership of
land and the possibility of multiple ownership of land. Other hotly debated issues
were the organization and authority of the courts, the procuracies, local govern-
ment, the possible introduction of special institutions for human rights protection
and against corruption, and the right to same-sex marriage.
iv. conclusion
Constitutionalism continues to be conceived as a necessary indicator of a civilized
and modern polity. However, for many, talking about constitutionalism in a
socialist system like Vietnam is outlandish. By investigating the constitutional
developments in the first decade of the twenty-first century in Vietnam,
I contend that, notwithstanding the ascendance of socialist constitutional prin-
ciples, recent constitutional accretions demonstrate Vietnam’s crescent movement
to values of modern constitutionalism.
First, Vietnam’s constitutional practice has been more liberal, or rather less
authoritarian. The Constitution is now more than an embellishment, incorporating
a meaningful source of individual liberty with representative democracy witnessing
unconventional developments. National elections are more open, thus reflecting
popular choice. The NA, rather than a Party marionette, is now a public platform
for challenging Government and Party policies.
Second, Vietnam’s constitutional design indicates the trend toward internalizing
modern constitutional values, as evident in the commitment to the rule-of-law
state, the distribution of public powers, governmental responsibility, and liberal
economic rights.
Third, Vietnam’s constitutional discourses have focused on key components of
modern constitutionalism, such as controlling state power or limited government,