Ho Chi Minh thought on State and law - theoretical foundation for building and perfecting socialist rule-of-law State of Vietnam

Core contents in Ho Chi Minh thought on state and law

Ho Chi Minh thought is the result of the process of applying and developing creatively Marxism-Leninism to the concrete condition of Vietnam, inheriting and developing the fine traditional values of the nation and receiving the quintessence of mankind’s culture. In which Ho Chi Minh though on the state and law is a system of viewpoints on the nature, role and function of the state and law, on the requirements and demands in organization and activities of the State’s apparatus, in building and enforcing the law, in training and fostering the contingent of cadres, civil servants, public servants and in guarding and combating against corruption, passivity, bureaucracy and waste. This thought is concretely reflected in the following opinions:

Firstly, “taking people as the root” - the primary important theoretical point in Ho Chi Minh thought on state and law.

Inheriting the great lesson summed up through the stretch of a thousand-year history of national construction and defence of the Vietnamese nation, President Ho Chi Minh said: “In the sky, nothing is more precious than peoole. In the world, nothing is stronger than the people’s uniting force”⁽¹⁾. Right in Artile 1, the 1946 Constitution – the Constitution drafted under His direct leadership and instruction affirmed: “Vietnam is a Democratic Reoublic country. All the rights at home are of the entire Vietnamese peoole, irrespective of races, gender, wealth and poverty, classes, religion” ⁽²⁾. “People are the root”, all things stem from the people, that they can be done or not is also from the people. Without people there will never be the revolutionary force and the revolutionary movement. Having bureaucracy and harassment not only expresses the separation from the people, without getting to know the people, without implementing the noble revolutionary cause, but also makes the people lose their trust, get away from the Party and the regime. If we want to really take the people as the root, really get closer to the people, then “What is beneficial to the people, we should try the hardest to get it done, what does harm to the people, we should try the hardest to avoid it… In short, if we want to be loved by the people, if we want to win the people’s heart, then first of all, we have to love the pepple, have to place the people’s interests above all else and have the spirit of impartiality” ⁽³⁾.

Building the State which is truly of the people, by the people and for the people on the basis of the democratic Constitution and the laws, led by the Communist Party is the important content running through in Ho Chi Minh thought on the State and law. He affirmed: “Our country is a democratic country. All the interests are for the people. All the rights are of the people…. The administrations from the communes to the central Government are all elected by the people…. In short, power and force are from the people” ⁽⁴⁾. “We should understand that the Government’s agencies from the entire country to villages, are all the servants of the people; it means that they are to shoulder the common affairs for the people, not to ride roughshod over the people” ⁽⁵⁾. “When the people are the masters, then what are the President, minister, vice-minister or any member? They are the servants. Being the servants for the people, not the revolutionary mandarins” ⁽⁶⁾.

The State that President Ho Chi Minh wanted to build is the one that undertakes the role “of shouldering the common affairs for the people”, taking care of the people’s life and pursureing happiness for the people. It is the State that takes the people’s worries as their own, take the people’s problems as their own for settlement, take the people’s happiness as the target to strive for. He once affirmed: “We have won freedom and independence, but the people still die of hunger, die of cold, so freedom and independence could be nothing. The people can only know very well the value of freedom and independence when the people live a well-to-do life. We have to implement immediately: 1. To help the people to get food. 2. To help the people to have clothes. 3. To help the people to have accommodation. 4. To help the people to get education. The target we are going to reach to is these four things” ⁽⁷⁾. The State President Ho Chi Minh wished to buld is the one led by the Communist Party of Vietnam.. He once affirmed: “Even though the people has held the power, there is still the struggling class at home and the imperialists’ plots of aggression. So, it is necessary to build economy, national defence, culture and society and therefore, the Party has still to organize, lead and educate the masses so as to take the laboring people to the complete success” ⁽⁸⁾. The Party’s leadership of the State is aimed at ensuring that the State is always really of the people, by the people and for the people.

Secondly, on the organization of the outstanding, strong and clear-sighted State apparatus.

Ho Chi Minh thought on the State and law is expressed in the stipulations of the organization of the State apparatus under His direct leadership and guidance of the design. President Ho Chi Minh directly led and guided the design of the model of the organization of the outstanding State apparatus, reflected in the content of the Constitution and the decrees and laws in his life time. The 1946 Constitution  is considered a Constitution deeply imbued with the imprint of Ho Chi Minh thought, “a concensed, concise, clear-cut and understandble Constitution for all people. It is an exemplary Constitution in many aspects” ⁽⁹⁾.

The 1946 Constitution was designed in accordance with the democratic, rule-of-law  thought, creating the principle and mode of organization and operation of the State apparatus in such a way that power abusing and authority misusing cannot happen and the people’s right to freedom and democracy was recognized, respected, protected and ensured. The State apparatus has the fundamental constituents such as the National Assembly, the State President, the Government, the People’s Court and the local administration is organized  in the principle: “The unity of the entire people….; Ensuring the free and democratic rights; Implementing a strong and clear-sighted administration of the people”⁽¹⁰⁾, as is reflected in the Preamble of he 1946 Constitution. With each basic constituent in the State apparatus, President Ho Chi Minh has the concrete guidances on the method of organization and operation, ensuring that these costituents can express the nature of the people, by the people and for the people. Accordingly, the National Assembly (as was called the People’s Parliament by the 1946 Constitution) was stipulated in the Constitution as an office with the supreme rights of the Democratic Republic of Vietnam” (Article 22), settle all the general issues for the whole country: the Government is “the top administrative office of the whole country” (Article 43); the Court: “While giving judgement, the judges only follow the law and other agencies are not allowed to intervene” (Article 69). In the organization of the State power, the 1946 Constitution had a relatively clear assignment between the Legislative (the Parliament), the Executive (Government), Justice (Court), at the same time there is the control of power between these agencies. As for the local administration, He paid attention to designing the model of the local administration with the characteristic differences between the urban areas and the rural areas ⁽¹¹⁾.

Thirdly, on the building of the contingent of cadres in the State apparatus, placing the Party’s interests above all, “loyal to the country and filial to the people”, constantly cultivate and training.

Ho Chi Minh thought on the State and law also holds His very deep viewpoints on cadres and the cadre work. For Him: “cadres are the root of all things”⁽¹²⁾; “all things which succeed or fail are due to othe fact that cadres are good or bad”⁽¹³⁾. Because of this, President Ho Chi Minh paid a special attention to the cadre work and had a high demand with the contingent of cadres and civil servants in the State apparatus, in which the top criteria should be “loyal to the country, filial to the people”, “industry and thrift, impartiality and disinterestedness”, “placing the Party’s interests above all. In the interests of the Party means in the interests of the nation, of the Fatherland”; apart from the interests of the nation, of the Fatherland, the Party has no other interests”⁽¹⁴⁾. He demanded that cadres and Party members must constantly culture and train themselves, “determined to correct their shortcomings”, particularly “three very dangerous diseases”: “the disease of subjectivism” (with the expessions such as “poor theory”, “look down theory” or “empty theory”), “the disease of narrow-mindedness” (with such expressions as “localism, individualism, the trend of covetous of fame, position, and belittle the talented people”⁽¹⁵⁾; “have conceitedness, superior complex and despise of other people; do not want to know, to learn the good points of the other people”⁽¹⁶), the habit of boasting. Especially with individualism, He said that this is “a kind of very venomous microbe, because it breeds other very dangerpus diseases” like the diseases “of greediness”, “laziness”, “arrogance”, “seek honours”, “lack of discipline”, “hard-headedness”, “parochialism”, “a head of leadership”⁽¹⁷⁾. He also showed other “diseases” which cadres and Party members must correct them: “to have the name but not the substance”, “form a gang”, “not have a far-sightedness”, “individualism”, “laziness”, “envy”, “flattering”⁽¹⁸⁾. Especially, for each concrete area, He also carefully recommended the criteria for cadres in this field. For the agencies to elect cadres, President Ho Chi Minh said that the representatives of the people must have “talent and virtue”; “be worthy to work on behalf of” the people. The elected people should try harder to keep firmly the independence of the Fatherland, strive to pursue happiness for the people. It is necessary to always remember and practice the sentence: For the benefits of the country, do forget the benefits of the families; for the common benefits, do forget the private benefits”⁽¹⁹⁾. “Those who want to be the revolutionary mandarins, they are sure not to be elected”⁽²⁰⁾. For the People’s Court, cadres must be “fair, honest and pure”, must practice “industry, thriftiness, honesty and integrity”, “be close to people, understand people, help people and learn from people”. For the People’s Procuracy, cadres must be “upright, unbiassed, cautious, modest”. He also gave the concrete instructions on “the training of cadres” (in the spirit of “learning what you do”), “teach cadres and use cadres” (“meritocracy, treat cadres, treat those who are useful for our common work”, “it is necessary to know cadres well”, “to promote cadres correctly”, to use cadres skillfully”, “to distribute cadres in the right places”, “to help cadres in the right way”, “to keep cadres”, “to love cadres”, “to cricticise cadres”)⁽²¹⁾. He also asked us to avoid the diseases in using cadres such as “Using the relatives and friends, thinking that they are better and safer than the outsiders…. Using those who flatter you and dislike using those who are upright men…. Using those who have the similar temperament and avoid those who have the different temperament”⁽²²⁾. According to Him, if we want to use the right cadres, “We must have great generosity to have impartiality and disinterestedness without prejudice and as a result, cadres shall not be forgotten.

We must be broad-minded to be able to keep close contact to those you do not agree with. We must be patient enough to educate and help those comrades who are not up to the mark, and they could become progressive. We must be wise enough to avoid being close those who are not good, while separating ourselves from good cadres. We must have the cheerful, cordial attitude and our comrades will feel happy to be close to us…. If we want our cadres to work well, we must make them feel assured and joyful to work”⁽²³⁾.

Fourthly, on guards and combat against corruptilon, waste and bureaucracy in organization and operation of the State apparatus.

President Ho Chi Minh has a lot of speeches and writings on prevention and combat against corruption, waste and bureaucracy, considering corruption, waste and bureaucracy as the internal aggressors, “the allies of colonialists and feudalists”, “the enemy of the people, the army and the Government” and demanding “to get rid of corruption, waste and bureaucracy”⁽²⁴⁾. That is why , in the organization and operation of the State apparatus, we must be determined to fight against corruption, waste and bureaucracy. The prevention and combat against corruption and passivity in Vietnam launched by General Secretary Nguyen Phu Trong has been being implemented decisively and being sympathized, responded and supported at the high degree by the Party members, cadres and people and it is the continuity of the cause and idea and is to do according to the instructions of President Ho Chi Minh.

Fifthly, on the building and perfection of the law system and the organization of strict enforcement of the law.

In the spirit of “A hundred things need the spirit of the rule-of-law”, President Ho Chi Minh paid special attention to the building and perfecting of the law system and the organization of the strict law enforcement. He often said: “In a country, there must be strict and just rewards and punishments, then the people can be able to feel safe”⁽²⁵⁾. He said that law is a necessary instrument to “protect the peoole’s interests”⁽²⁶⁾, maintain social order and efforts must be made to make the law ever better and more democratic. The law needs the equal, humane and just values, for othe working peoole and for human beings already recorded in the Constitution and the codes. The law need being built to, first of all, adjust the organization and operation of the State apparatus, adjust the behavior of cadres, State officials so as to ensure that the people have an administration with “the only goal being to pursue happiness and freedom for everyone…., placing the people’s interests above all else”⁽²⁷⁾, have “a government that unites the entire people and gathers talents…. and knows how to work” ²⁸⁾, “everybody will make efforts to work, wholeheartedly for the country, for the people” ²⁹⁾; implement the motto: “what is beneficial for the people, we must try the hardest to do. What is harmful to the people, we must try the hardest to avoid doing”⁽³⁰⁾. The law also needs being built to ensure that the people can be able to enjoy freedom, a well-to-do and happy life. The law also needs being formed by the democratic path with the massive participation in contributing opinions by the people, at the same time ensuring the feasibility, suitable to the practical condition of the country. The Constitutions under His direct guidance in the process of drafting were all built through discussions and debates in a very democratic way, with the massive participation of the people.

Besides, Ho Chi Minh thought on the State and law also contains the outstanding ideas on controlling the State power, protecting the Constitution, protecting human rights, the children’s right, the viewpoint on the relationship between the law and the virtue, the viewpoint on the law that adjusts the religious activities, the viewpoint on lawyers and on international law-abiding….

Realities to apply Ho Chi Minh thought on State and Law in renovation period in Vietnam

The Party, State and people of Vietnam always respect, get imbued and strive to apply creatively the core values, the foundation of Ho Chi Minh thought on the State and the law. In over 35 years of undertaking renovation work, the Party and State of Vietnam have paid attention to studying, inheriting and applying creatively Hồ Chí Minh thought on the State and law so as to lead and guide the realities, perfect the Vietnam socialist rule-of-law State and together with it, the law system has been ever more synchronous, unified, feasible, open and transparent. At the mid-term national Conference of the Party, 7th tenure,  (from 20 to 25 of January, 1994), the Communist Party of Vietnam officialy advocated to build “the Vietnam socialist rule-of-law State”. This advocation was affirmed consistently in the documents of the 8th, 9th and 10th Party Congresses. Till the 11th Party Congress (2011), the Communist Party of Vietnam officially affirmed in the Programme on national construction in the transitional period towards socialism (Added and developed in 2011): “The socialist rule-of-law State of the people, by the people, for the people led by the Communist Party”⁽³¹⁾ is one of the 8 characteristics of the socialist society which Vietnam is striving to build.

Inheriting the previous Constitutions, particularly the 1946 Constitution directly guided to draft by President Ho Chi Minh, the 2013 Constitution reflects the will of the Party and the heart of the people, the spirit of democracy and renewal, promote the strength of great unity of the entire nation, respond the demand of building and defending the Fatherland in the new period. The 2013 Constitution affirmed clearly “the State of the Socialist Republic of Vietnam is the socialist rule-of-law State of the people, by the peoole and for the people” (Clause 1, Article 2). The power of the State  is unified with the distribution, coordination and control among the State agencies in implementing the legislative, executive and justice rights” (Clause 3, Article 2). “The State ensures and promotes the people’s right to mastery ; recognizes, respects, protects and guarantees human rights and the civil rights; implements the goal of rich people, powerful, democratic, equal and civilized country; everyone has a well-to-do, free, happy life and has the condition for all-round development” (Articled 3). “The people exercise the State power by direct democracy, by representative democracy through the National Assembly, the People’s Council and through other State’s agencies” (Article 6). The elections of the National Assembly deputies and the People’s Council representatives are carried out in the principle of universal suffrage, equality, direct and secret ballot…. The National Assembly deputies , the People’s Council representatves are dismissed by voters or the National Assembly, the People’s Council when they are no longer deserved with the people’s confidence” (Article 7). “The State is organized and operated in accordance with the Constitution and law, manages society by the Constitution and law, implements the principle of democratic centralism…. The State agencies, cadres, civil servants, public servants must repsect the people, serve devotedly the people, keep close contact with the people, listen to opinions and under the control of the people; are determined to combat against corruption, waste and all manifestations of bureaucracy, authoritativeness” (Article 8). Up to now, the system of the State agencies, from the Central to the local, has been closely organized, meeting the requirements of the management of the State and the society, comprising the agencies that exercise the legislative rights (National Assembly), the State President, the agencies that exercise the executive rights (Government), the agencies that exercise the justice rights (The People’s Court), the system of the People’s Procuracy, the State audit, the system of local administrations (the People’s Council and the People’s Committee) at the provincial, district, commune levels. In some localities such as Hanoi, Ho Chi Minh City and Da Nang, the urban administration model is organized or organized on a trial basis. Along with it is the contingent of cadres, civil servants and public servant and the financial resources together with the conditions that can guarantee well enough to carry out the assigned political and professional tasks.

Closely hold on the Party’s advocation, on the basis of the previous 1992 Constitution (amended and added in 2001) and the 2013 Constitution, Vietnam has built the basic, complete, synchronous and unified system of law, creating the legal corridor for socio-economic development, firmly maintaining the political stability, ensuring national defence, security and pushing ahead international integration. Up to now, besides the laws of pillar character of the country, such as the Civil Code, the Code of Civil Procedue, the Code of Criminal Procedure, the Commercial Code, the Business Law, the Investment Law, the Labour Code, the Law on Treatment of Administrative Violations, the Law on Administrative Proceedings, all the socio-economic areas have the documents of adjusted regulations. Accompanied with the system of these laws are a series of documents giving guidance to the necessary implementation in order to  create the firm legal basis for the people to implement their rights to mastery and for the State to carry out its role of social management. It can be said that these achievements are the concrete evidences to the fact that the Party, State and people of Vietnam are studying, following and applying creatively the ideological heritage left behind by President Ho Chi Minh, in which there is the ideological heritage on the State and the law.

In spite of this, the process of building and protecting the country at present is posing the new requirements in the process of the socio-economic development, ensuring national defence, security and international integration, demanding that there must be the ever firmer steps of development in building and perfecting the socialist rule-of-law State of Vietnam, in building and perfecting  the law system  and the organization of implementing the law, preventing and protecting corruption, passivity, bureaucracy and waste. In some areas, the organization of the State apparatus is yet to be reasonable with efficiency and effectiveness being yet to be high, the administrative procedures in many areas remain cumnbersome; the abilities, qualities and sense of discipline in part of cadres, civil servants and public servants are yet to meet the requirements; there is still the state of harassment, “petty corruption”, causing indignance to the people and enterprises, the law-abiding is not really high, while the observance of discipline  in many areas is yet to be strict. These are the problems that need the application of Ho Chi Minh thought on the State and law for treatment and readjustment, particularly in building and perfecting the socialist rule-of-law State of Vietnam of the people, by the people, for the people, under the Party’s leadership, the law reform, the administrative reform, the justice reform, accelerate the lifestyle of abiding by the law and promote the traditional ethical values of the nation.

Continuing to apply Ho Chi Minh thought on State and law in building and perfecting the socialist rule of-law State of Vietnam

Starting from the requirements and demands of realities, it can be seen that to continue to apply Ho Chi Minh thought on the State and law in the process of building and perfecting the socialist rule-of-law State of Vietnam in the coming time, it is necessary to implement a number of important tasks as follows:

Firstly, to continue to propagandize, popularize and thoroughly carry out the application of Ho Chi Minh thought on the State and law in particular and Ho Chi Minh though in general in the contingent of cadres, civil servants, public servants and the different strata of people so that this thought can get permeated deeply in awareness and action of each cadre, civil servants, public servants and the different strata of people. To ensure the effective implementation  of Conclusion No. 01-KL/TW, on May 18, 2021, of the Political Bureau, “On the continuity to implement Instruction No. 05-CT/TW of the Political Bureau “On enhancement of learning and following Hồ Chí Minh thought, virtue and style”. Ho Chi Minh thought on the State and law needs being presented in a more systematic, comprehensive and fuller manner in the teaching materials on the State and law  taught at the establishments of political, law and administrative training courses and in the teaching material on Ho Chi Minh thought taught in the national education system of Vietnam in the coming time.

Secondly, to continue to push ahead the building and rectify the Party in the spirit of Resolution of the 4th Plenum, 11th and 12th tenures, to raise the prestige and consolidate the role and position of the Party’s leadership and power over the State and society. Promote properly the role of leadersip, examination and supervision of the Party Committees, organizations and members operating in the Statge agencies. Accelerating the training of political qualities, victues and lifestyle of the contingent of cadres, civil servants, public servants, ensuring this contingent is deeply imbued with revolutionary morality and exemplary in observing and abiding by the law. To push ahead the struggle to prevent and combat against corruption and passivity; do away with the psychology of doubt that pushing ahead the prevention and combat against corruption and passivity will obstruct the development, slow down the creativity of individuals; to overcome the psychology of worrying that is still found popular in the struggle and discover corruption and passivity in the internal affairs of agencies and units. To continue to study to perfect the mechanism that promotes the role of the people and the agencies representing the people in prevention and combat against corruption and passivity, particularly in monitoring, discovering  and denouncing corruption and passivity.

Thirdly, to continue to perfect the institution that practice democracy in the spirit of the Programme on national construction in the transitional period towards socialism (Added, developed in 2011) and the 2013 Constitution. To consolidate the close relationship between the Party, the State with the people. To really get imbued with the teaching of President Ho Chi Minh: “We must not separate from the people. Separating from the people is loneliness. Loneliness will definitely be landed in failure”⁽³²⁾. To implement effectively, in fact, the forms of direct democracy and representative democracy (including the grass-root democracy). To promote the people’s proactive and active role in practicing democracy and building the pure, efficient and effective State apparatus. This is also the application of Ho Chi Minh thought on the State and law in realities, because: “the word PEOPLE is the reassembling point of all reflections, all actions in Ho Chi Minh’s cause, everything in Ho Chi Minh’s life. In Ho Chi Minh’a language, in His word counts, the word PEOPLE has been used the most with the biggest frequency. He repeated the proper behavior, He found that the Revolutionary path is also aimed at mapping out the action programme for the people. That is why, He has devoted His whole life and career to implement the philosophy of having close relationship with the people” ³³⁾. President Ho Chi Minh once affirmed: “Only by promoting democracy to the highest degree can we be able to encourage all the people’s forces to take revolution to advance forwards” ³⁴⁾.

Fourthly, to continue to push ahead the building and perfection of the socialist rule-of-law State of Vietnam led by the Communist Party of Vietnam, firmly maintain the State’s essence of the people, by the people and for the people. To define more clearly the function, rights and responsibilities among the State agencies in implementing the legislative, executive and justice rights. To enhance the openness, transparency and accountability in the operation of the political system in general and the State apparatus in particular. To ensure efficiency and effectiveness of the mechanism of controlling the State’s power, enhancing the people’s monitoring of the activities of the agencies in the State apparatus. To organize reseasonably the model of local administration, taking into account the differences of the urban and rural areas. To continue to perfect the mechanism of monitoring cadres, Party members and civil servants from the State agencies, the socio-political organizations, particularly the Party’s orgaizations so as to ensure the prevention and overcome degeneration inside the Party. In the immediate, it is necessary to carry out correctly and fully the Party’s big orientations on building and perfecting the socialist rule-of-law State of Vietnam expressed in the documents of the 13th Party Congress.

Fifthly, to continue to apply creatively Ho Chi Minh thought in building the contingent of cadres, civil servants and public servants in Vietnam nowadays. Leaders at different levels should be imbued deeply and thoroughly with His thought on “skillfully use cadres”. First of all, leaders in the agencies and units of the State apparatus and in the political system must pratice the following points: “Make cadres bold enough to say, bold enough to express their ideas.... Make cadres bold enough to take charge of, bold enough to work.... It is advisable not to have superior complex or self-conceitedness, but to listen, to ask the opinion of the lower level.... It is necessary to be bold enough to promote cadres for the purpose of the work and talent, for encouragement of other comrades to be more enthusiastic”⁽³⁵⁾.

Sixthly, it is necessary to grasp more thoroughly Ho Chi Minh thought in building and perfecting the law, in the spirit of “what is beneficial for the people, we must try the hardest to do, what is harmful to the people, we must try the hardest to avoid it”⁽³⁶⁾, build soon the system of law which is unified, synchronous, feasible, open, transparent, stable, easy to access with the low abiding cost, with high efficiency and effectiveness and international competetiveness, taking the legal interests of the people as the centre, pushing ahead the renovation and innovation, ensuring the sustainable socio-economic development and national defence, security in the new condition. To continue to perfect the mechanism of the socialist rule-of-law State, pay attention to ensuring human rights, promote the people rights of freedom and democracy already put forth  in the advocations and resolutions of the Party and the 2013 Constitution, suitable to the conditilns of the country’s socio-economic develpment. To continue to push ahead the administrative and justice reforms, to implement resolutely and persistently the solutions of preventing and combating corruption and passivity, ensuring to build a really pure State apparatus which operates thoroughly, efficiently and effectively for the people. To continue to institutionalize more sufficiently and more profoundly in the legal documents on the standards of revolutionary virtues according to Ho Chi Minh thought so that these criteria of revolutionary virtue can get ever deeper in the daily behaviour of cadres, civil servants and public servants when they implement their assigned tasks and functions.

To actively deploy the implementation of Resolution of the 13th Party Congress and the Strategy of socio-economic development of Vietnam to the year 2030 and the vision to the year 2045 with a lot of big advocations and orientations is really the opportunities for those who are police-makers to build and enforce the law, apply Ho Chi Minh thought on the State and law in their practical work. It is certain that Ho Chi Minh thought on the State and law has been shining and will shine for ever the process of building and perfecting the socialist rule-of-law State of Vietnam truly of the people, by the people and for the people./.

_______________________________

(1) Ho Chi Minh (2011), Complete works, Truth National Political Publishing House, Hanoi, tomb 1, p.453.

(2) The Constitution of Vietnam through periods (The Constitutions in 1946, 1959, 1980, 1992, 2013), Truth National Politcal Publishing House, Hanoi, 2019, p.8.

(3) Ho Chi Minh, Complete works, Ibid, tomb 4, p. 52, 52.

(4) Ho Chi Minh, Complete works, Ibid, t. 6, p. 232.

(5) Ho Chi Minh, Complete works, Ibid, t. 4, p. 64, 65.

(6) Ho Chi Minh, Complete works, Ibid, t. 10, p. 572.

(7) Ho Chi Minh, Complete works, Ibid, t. 4, p. 175.

(8) Ho Chi Minh, Compelete works, Ibid, t. 8, p. 274.

(9) Thai Vinh Thang (1997), Constitutional history, Truth National Political Publishing House, Hanoi, p. 26.

(10) Vietnam Constitution through periods (Constitutions of 1946, 1959, 1980, 1992, 2013, Ibid, p. 8.

(11) Decree, No. 63/SL, on November 22, 1945 of the President of the Provisional Government, “On the organization, rights and way of doing of the People’s Council and the Administrative Committees at all levels”; Decree, No. 77/SL, on December 21, 1945, “On the organization, rights, distribution and way of doing of the People’s Council and the Administrative Committees in the provincial capitals and cities; The Law on Organization of local administration in 1958.

(12), (13), (14) Ho Chi Minh, Complete works, Ibid, t. 5, p. 309, 280, 290.

(15), (16), (17), (18) Ho Chi Minh, Complete works, Ibid, t. 5, p. 276, 278, 295, 296, 301

(19), (20) Ho Chi Minh, Complete works, Ibid, t. 4, p. 166, 168

(21), (22), (23) Ho Chi Minh, Complete works, Ibid, t. 5, p. 309-318, 318, 319

(24) Ho Chi Minh, Complete works, Ibid, t. 7, p. 355

(25) Ho Chi Minh, Complete works, Ibid, t. 4, p. 189

(26) Ho Chi Minh, Complete works, Ibid, t. 8, p. 262

(27), (28), (29), (30) Ho Chi Minh, Complete works, Ibid, t. 4, p. 21, 478, 481, 51

(31) Documens of the 11th Party Congress, Truth National Political Publishing House, Hanoi, 2011, p. 70.

(32) Ho Chi Minh, Complete works, Ibid, t. 5, p. 278.

(33) To Huy Rua, Hoang Chi Bao (Chief editors) (2018), A study on theory of Vietnam’s development in the Hồ Chí Minh time, Truth National Political Publishing House, Hanoi,  p. 426 - 427.

(34) Ho Chi Minh, Complete works, Ibid, t. 12, p. 376.

(35) Ho Chi Minh, Complete works, Ibid, t. 5, p. 319 - 322.

(36) Ho Chi Minh, Complete works, Ibid, t. 4, p. 51.