UPHOLDING THE CONSTITUTION AND THE LAW - THE CREATIVE DRIVING FORCE FOR NATIONAL DEVELOPMENT

ĐBP - On November 9, 1946, the First National Assembly passed the first Constitution of the Democratic Republic of Việt Nam, drafted under the direct guidance of President Hồ Chí Minh.

Born amidst a nascent independence facing existential trials, the Constitution of the new Việt Nam crystallized the nation’s will for independence, the spirit of great solidarity, and the aspiration for freedom. It established the constitutional foundation of a State where power belongs to the People; national independence is tethered to the People’s mastery and democratic freedoms; and state power is organized and exercised on the basis of the Constitution. These foundational legal values have been inherited and developed across subsequent constitutions and throughout the cause of building and defending the Fatherland.

Under the Party’s leadership, over the years, the endeavor to build the socialist rule-of-law State has achieved numerous vital milestones, laying the bedrock for national development. Entering a new developmental phase, the implementation of the Resolution of the 14th National Party Congress and the Party’s strategic resolutions imposes requirements to elevate national governance capacity, perfect institutions and laws, untangle bottlenecks, unblock resources, and propel new growth drivers for the country.

The Việt Nam Law Day 2026 presents an opportunity to elevate awareness and responsibility toward upholding the Constitution and the law across the entire political system and society. When power is controlled, human and civil rights are protected, and policies are executed consistently, the People’s trust in the Party and State is consolidated, and citizens and enterprises secure the conditions to mobilize resources, unleashing intellect and creativity for national development. In this sense, upholding the Constitution and the law is concurrently a requirement to maintain discipline and a creative driving force.

Prof., Dr. Tô Lâm, General Secretary of the Central Committee of the Communist Party of Việt Nam, President of the Socialist Republic of Việt Nam

First, upholding the Constitution must be manifested in every decision and action of competent agencies, organizations, and individuals. The Constitution holds supreme legal force. All legal regulations must conform to the Constitution; all public authority activities must be grounded, compliant with jurisdiction, and subject to control. Documents and acts violating the Constitution and the law must be detected and handled promptly and according to jurisdiction. Development objectives or the urgency of tasks cannot be cited as reasons to bypass constitutionality and legality. Concurrently, competent agencies must proactively amend inadequate regulations, promptly untangling impediments to development.

Resolution No.27-NQ/TW on building and perfecting the socialist rule-of-law State of Việt Nam clearly defined the relationship: Party leadership, State management, and People’s mastery. The Party’s leadership and ruling capacity are reflected in the quality of institutionalizing guidelines and execution outcomes, generating practical transformations in the People’s lives. Party committees lead, inspect, and supervise so guidelines are executed correctly; state agencies fully exercise their functions, authorities, and responsibilities; the People participate in building and supervising execution organization. Party organizations and members operate within the framework of the Constitution and the law, setting an example in compliance and subjecting themselves to the People’s supervision.

State power is unified, belongs to the People, and operates under the Party’s leadership. The exercise of legislative, executive, and judicial powers must be clearly demarcated, tightly coordinated, and effectively controlled. Authority must be coupled with accountability; decentralization and devolution of power must be accompanied by capacity, resources, and control mechanisms. Responsibilities regarding the promulgation of illegal decisions and the evasion or delay of task execution must be determined. Cadres who are proactive, innovative, and creative for the common good must be protected by law; acts exploiting innovation for personal gain, abusing power, or engaging in harassment must be strictly penalized.

Upholding the Constitution also demands that human and civil rights be substantively guaranteed and protected. Human and civil rights may only be restricted by law in necessary cases for reasons stipulated in the Constitution. The safety, dignity, and legitimate rights of every individual are values the State bears the responsibility to protect.

Second, elevating the quality of laws to consolidate the People’s trust, unblock resources, and pave the way for development. Resolution No.66-NQ/TW demands innovating the formulation and enforcement of laws, turning the law into a development driver. Elevating management validity must go hand in hand with expanding development opportunities; hardships faced by management agencies must not be pushed onto citizens and enterprises. Substantive property rights, freedom of business, and freedom of contract must be guaranteed so citizens and enterprises feel secure to invest, innovate, and compete equitably.

The law must create conditions to inject science, technology, and innovation into production, mobilize social resources, expand business opportunities, and unleash integration advantages. Alongside encouraging new development models, the law must guarantee opportunities for education, employment, and access to essential services. Social welfare, a safe and healthy living environment, and equity in enjoying development fruits must be guaranteed by feasible regulations.

Lawmaking must stem from the nation’s overarching interests, overcoming fragmentation according to the management scope of individual sectors. Every policy must clarify the issue requiring resolution, the rights to be protected, and the impacts on social groups, particularly the vulnerable; avoiding the creation of added barriers and unreasonable costs. Policy consultation must be substantive, incorporating feedback with clear explanations. Power control must begin from the policy proposal stage, preventing corruption, group interests, and localized interests.

Transparent, stable, and consistently enforced laws help mitigate risks and costs while consolidating investment trust. That is the basis for efficiently mobilizing and allocating resources, turning the law into the nation’s competitive advantage. Policy research must anticipate practical shifts, creating headroom for creativity. When amending regulations, transitional plans must exist to protect legitimate rights and interests. Regulatory sandbox mechanisms must be decided by appropriate authorities, clearly defining scopes, responsibilities, risk control measures, and evaluation methods for timely adjustments.

Administrative procedure reform must facilitate swift and convenient task resolution, reduce compliance costs, and clearly determine execution responsibilities. Slashing procedures and shifting from pre-checks to post-audits requires clear standards, reliable information, and the capacity to detect and prevent risks, tethered to the responsibility of protecting the people.

In international integration, the law contributes to protecting sovereignty, national interests, and the legitimate rights of citizens and enterprises in cross-border relations. Strictly executing international commitments, elevating legal capacity, and proactively preventing and resolving disputes are conditions to consolidate the nation’s autonomy and competitiveness.

Third, organizing law enforcement must guarantee legitimate rights and interests and yield practical efficiency. Formulating and enforcing laws must be tied to responsibility for outcomes. Agencies formulating, promulgating, and organizing enforcement must coordinate to monitor impacts, rectify execution, and promptly amend or propose amending inadequate regulations according to jurisdiction. Personnel, detailed regulatory documents, and execution conditions must be fully prepared before a law takes effect. Heads of agencies managing sectors, domains, and areas must bear responsibility for organizing enforcement within their assigned scopes. In operating the two-tier local governance model, responsibilities must be clear, and citizens’ affairs must be resolved continuously and smoothly.

Bottlenecks must be accurately identified by their root causes. Unreasonable regulations must be amended; cadres with limited capacities must be fostered; resource shortfalls require securing plans. Matters with clear jurisdiction and sufficient grounds must be resolved decisively. Matters exceeding jurisdiction must be reported alongside handling proposals and tracked until final results are achieved. Tasks involving multiple agencies require a presiding focal point and clear coordination responsibilities. Crucially, the situation where all agencies report task completion while citizens’ affairs remain stalled and unresolved must be rectified.

Digital transformation must elevate governance efficiency and public service quality. Exploiting and sharing data must be lawful, reducing the resubmission of information and helping citizens track task resolution processes. Technology applications must guarantee information security, protecting personal data and privacy. Coupled with digital infrastructure, attention must be paid to the contingent of legal workers, ensuring they possess solid expertise, integrity, and practical understanding.

Protecting justice is the mission of the judicial system. It must be ensured that Judges and Assessors adjudicate independently and strictly adhere to the law; illegal interference in adjudication activities must be strictly penalized. Citizens must have convenient access to mechanisms protecting their legitimate rights and interests. Mediation and dialogue should be promoted based on voluntariness and legality, without restricting the right to initiate lawsuits. Legally effective judgments and decisions of the Court must be respected and strictly executed.

Protecting the law must be tied to restoring infringed legitimate rights and interests. Illegal administrative decisions must be reviewed, handled, and their consequences remedied promptly. Feedback and petitions from citizens must be received, resolved to the end, and answered promptly.

Law quality and enforcement efficiency must be evaluated by affairs resolved lawfully, rights protected, and unreasonable costs slashed.

Fourth, building a culture of upholding the law stemming from the exemplary conduct of cadres and Party members and the proactive, voluntary participation of citizens. That culture is nurtured by legal understanding, public service ethics, and the experience of fair treatment. Clear regulations, thoroughly explained and applied fairly, will consolidate trust and encourage voluntary compliance. A dedicated cadre or an agency seriously rectifying its mistakes holds more persuasive power over citizens than any appeal. The exemplary responsibility of cadres and civil servants, especially leaders, must be reflected in daily work. Handling violations must be strict and fair, coupled with guidance and prevention.

Citizens are participating subjects in formulating, executing, and protecting the law. Participation must be guaranteed in policy contribution, supervision, reflecting inadequacies, and evaluating execution outcomes. The Việt Nam Fatherland Front, member organizations, the press, and the contingent of jurists and lawyers must promote their roles in supervision, social critique, and citizen support. Everyone must proactively fulfill obligations, protect their rights, and respect the rights of others. Enterprises must view legal compliance as the foundation of reputation, healthy competition, and sustainable development.

Legal dissemination and education must help citizens know how to execute rights and obligations and find the right place when support is needed. Policy explanation must be tied to dialogue, listening to feedback for timely adjustments. Digital technology applications must be accompanied by direct assistance for the vulnerable and those in difficult areas.

When legal compliance is tethered to ethics, civic responsibility, and community lifestyles, the spirit of Law Day will permeate deeply into social life, becoming the mindset and operational method of every individual.

Upholding the Constitution and the law serves as both the foundation and the creative driving force for a nation of discipline, integrity, democracy, equity, civilization, development, and prosperity. This is not only a present requirement but a strategically significant choice, ensuring Việt Nam marches steadfastly into a new era, developing rapidly and sustainably, and realizing the aspiration to build a prosperous and happy country.

Prof., Dr. TÔ LÂM, General Secretary of the Central Committee of the Communist Party of Việt Nam, President of the Socialist Republic of Việt Nam

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