Renewing Legislative Thinking for a Democratic Future

The Vietnamese government has recently submitted a comprehensive report detailing the outcomes of public consultations and feedback received from diverse sectors and levels regarding the proposed amendments to the 2013 Constitution. This report was presented to the Constitutional Amendment Drafting Committee for their consideration.

On this significant occasion, Minister of Justice Nguyen Hai Ninh engaged with the press to highlight key insights from the recent public consultation process, which lasted for one month.

Minister of Justice Nguyen Hai Ninh. Photo: baochinhphu.vn

Minister, after the month-long public consultations on the draft Resolution to amend and supplement the 2013 Constitution, how many opinions and suggestions were gathered?

Minister Ninh: As per reports compiled from various agencies, ministries, sectors, and localities, we have, as of June 5, 2025, collected over 280 million opinions and suggestions from agencies, organizations, and individuals regarding the proposed amendments. Notably, more than 20 million citizens actively participated through the VNeID application. Among the various topics, the proposed amendments to Article 9 of the 2013 Constitution, concerning the Vietnam Fatherland Front and its member organizations, garnered the most feedback and engagement.

It is encouraging to see that the approval rate for the draft Resolution reached an impressive 99.75%. This overwhelmingly positive response is a testament to the fact that the proposed amendments align with the Party’s vision and the will of the people, showcasing a high level of consensus and unity across all sectors of society.

I understand that many of the opinions focused on the organization of administrative units and local governments. Could you share with us the key insights from these discussions and the Government’s stance on this matter?

Minister Ninh: The Government is in support of the proposed amendments to Article 110 of the Constitution, as outlined in the draft Resolution. These amendments aim to institutionalize the Party’s policy on streamlining the political system, as per Resolution No. 60-NQ/TW. By using generalized language and avoiding specific listings of administrative units, we allow for flexibility in adjusting administrative models to meet evolving practical needs without the need for frequent constitutional amendments. The National Assembly will have the authority to make such adjustments through laws or resolutions as deemed appropriate.

However, the Government proposes retaining Clause 2, Article 110 of the 2013 Constitution, which ensures the people’s right to participate in decisions that directly affect them. This clause stipulates that any changes to administrative units, such as their establishment, dissolution, merger, or boundary adjustments, must be subject to public consultation and conducted in accordance with the law.

Additionally, the Government recommends preserving the provision that empowers members of local People’s Councils to question and hold accountable the chairpersons and members of People’s Committees, as well as judicial and prosecutorial officials. This will form the basis for further specifications in the Law on the Organization of Local Government and related legislation, ensuring transparency and accountability in local governance.

Furthermore, the Government is in favor of adding a provision that specifically addresses the organization of local government in special administrative-economic zones. The draft Law on the Organization of Local Government would grant the provincial People’s Committee the authority to determine the structure and functions of the zone’s People’s Committee, its chairperson, and specialized agencies. This includes the appointment, dismissal, and discipline of the zone’s leadership, ensuring efficient governance in these unique areas.

With regards to other articles, the Government also supports amendments to Articles 111, 112, and 114 of the Constitution. These amendments aim to provide a clear definition of local government, comprising the People’s Council and People’s Committee, instead of the ambiguous term “local government level.” This promotes clarity and consistency in the model of local governance across the country. Certain provisions will be reviewed and revised to align with the streamlined structure of the political system, while the principles governing the organization and operations of provincial and commune-level People’s Councils and People’s Committees will largely remain unchanged.

Based on the valuable feedback received during the consultations, what is the Government’s stance on the transitional provisions included in the draft Resolution to ensure a smooth and effective implementation process?

Minister Ninh: Regarding the effective date and transitional provisions outlined in Article 2 of the draft Resolution, the Government agrees that the Resolution should come into effect on July 1, 2025. This timing provides a constitutional foundation for implementing the Party’s policies, as set forth in Resolution No. 60-NQ/TW of the 13th Party Central Committee’s 11th Plenum.

The Government supports a formal declaration to conclude the operation of district-level administrative units nationwide. We also agree with the transitional provisions in Clause 3, Article 2, which provide legal grounds for appointing the leadership of People’s Councils, People’s Committees, and National Assembly delegations during the restructuring of provincial and commune-level administrative units in 2025. These provisions ensure a smooth transition and adjustment to the organizational structure of elected bodies for the 2021-2026 term, following the abolition of district-level administrative units. This aligns with the Politburo’s Conclusion No. 150-KL/TW dated April 14, 2025, on human resources arrangements in merged or newly established localities.

Additionally, the Government recommends that the official declaration acknowledging the conclusion of district-level administrative units should appropriately recognize their contributions to national development and defense. Their role and impact deserve to be honored and remembered.

The technical aspects of constitutional drafting have also been a topic of discussion. Could you share the Government’s perspective on this matter and how it plans to approach it?

Minister Ninh: When it comes to legislative drafting techniques, the Government believes it is crucial to thoroughly review the draft Resolution to ensure it accurately reflects the Party’s major policies and demonstrates a modern legislative mindset. The Constitution and laws should focus on core principles under the National Assembly’s jurisdiction, ensuring stability and long-term relevance. While this round of amendments is not a comprehensive revision, we must still adhere to modern and scientific drafting standards, meeting the demands of sustainable national development.

During the consultation process, we acknowledged that many agencies, ministries, and localities suggested additional areas for revision beyond the eight articles proposed for amendment. However, given the limited timeframe, the Government agreed to prioritize amendments related to the two-tier local government structure and the streamlining of the Vietnam Fatherland Front and mass organizations, as assigned by the Party and State. We will certainly consider the other valuable proposals and address them at an appropriate time in the future through further study and discussion.

Minister, as we conclude, could you provide an overall assessment of this public consultation process on the draft Resolution to amend the 2013 Constitution?

Minister Ninh: I am pleased to report that the consultation process was conducted with the utmost seriousness, openness, democracy, and scientific rigor by all ministries, sectors, and localities. We adhered strictly to the timeline set out in Plan No. 05/KH-UBDTSĐBSHP of the Constitutional Amendment Drafting Committee and followed the directives provided by the Government. The process was characterized by strong Party leadership, a sense of responsibility among agency heads, and effective inter-agency coordination.

A wide range of consultation methods were employed, including meetings, conferences, seminars, and forums. Over 288,000 such gatherings were held to gather feedback on the draft Resolution. According to the Ministry of Public Security, by May 29, 2025, more than 20 million citizens had contributed their opinions via the VNeID platform, showcasing an impressive level of engagement.

The utilization of VNeID for public consultations empowered citizens to participate directly and efficiently, ensuring transparency and accessibility. Citizens could conveniently provide their input from anywhere at any time, thereby contributing to policymaking and demonstrating the Party and State’s commitment to digital transformation and the effective utilization of the national population database for the benefit of all.