The 1946 Constitution and the National Assembly’s mission today
Eighty years ago, the First National Assembly adopted the first Constitution of Vietnam, laying the constitutional foundation for the new Vietnamese State. The democratic spirit and visionary state-building approach embodied in this historic milestone continue to offer important guidance for the National Assembly today: renewing legislative thinking, improving institutions and creating a foundation for the country’s development in a new era.
On November 9, 1946, when the newly established independent nation was facing enormous challenges, the First National Assembly adopted the first Constitution of the Democratic Republic of Vietnam. This historic event demonstrated the vision of those who laid the foundations for the new State: national independence had to be consolidated through a solid legal framework, while the people's right to mastery had to be recognised and guaranteed by the Constitution and laws.
Deeply reflecting President Ho Chi Minh’s vision of building a democratic State with the people at its centre, the 1946 Constitution comprised a Preamble, seven chapters and 70 articles. It established fundamental principles concerning national sovereignty, the people's power, citizens' rights and obligations, and the organisation of the State apparatus.
Article 1, in particular, affirmed: “All power in the country belongs to the entire Vietnamese people, regardless of race, gender, wealth, social class or religion.” This principle ran throughout the first Constitution, from the establishment of the principle that State power belongs to the people to the organisation and exercise of that power within the framework of the Constitution and the law.
Eighty years later, this spirit continues to offer important lessons for contemporary challenges. Vietnam is entering a new stage of development, with demands for high economic growth, greater national autonomy and enhanced competitiveness. Science and technology, innovation and digital transformation are reshaping production, business operations and social governance, giving rise to new relationships that require timely legal regulation. At the same time, removing bottlenecks and addressing overlapping and inadequate provisions in the existing legal system have become increasingly urgent.
The need to renew legislative thinking in the country's new era of development was clearly articulated by the Politburo in Resolution No. 66-NQ/TW. The resolution identifies lawmaking and law enforcement as a “breakthrough among breakthroughs” in improving development institutions. It emphasises that laws must keep pace with reality, pave the way for progress, unlock resources, become a competitive advantage and serve as a driving force for growth.
In particular, the resolution calls for a definitive departure from the mindset that “if something cannot be managed, it should be banned”, advocating instead an approach that both ensures effective governance and encourages innovation and unleashes productive capacity.
At a deeper ideological level, this reflects a shared principle with the spirit of the 1946 Constitution: laws must respond to the demands of reality, with people's rights and interests serving as their foundation.
If the historic mission 80 years ago was to establish a constitutional foundation for an independent Vietnam, the task today is to continue improving institutions to realise the country's potential, unlock resources and create room for new drivers of growth. In this process, the National Assembly plays a particularly important role as the body exercising constitutional and legislative powers, deciding on major national issues and conducting supreme oversight.
At the ceremony marking the 80th anniversary of the first general election to elect Vietnam's National Assembly, General Secretary and State President To Lam stressed that the National Assembly must “stay one step ahead in institutional development”, fundamentally renew its legislative thinking towards enabling and guiding development, and proactively make decisions on difficult issues and new areas where no precedents exist.
This requirement calls for the National Assembly to further improve the quality of legislation, ensuring the constitutionality, consistency and feasibility of the legal system. Greater attention should be paid to policy impact assessments, listening to the views of those affected by legislation and strengthening accountability throughout the lawmaking process. At the same time, the National Assembly must enhance its oversight role, promptly identify shortcomings in implementation, clarify responsibilities and ensure that corrective measures are taken.
Eighty years ago, by adopting the first Constitution, the First National Assembly laid the constitutional foundations for an independent Vietnamese State and affirmed the principle that State power belongs to the people. Building on the constitutional spirit of 1946, today's National Assembly has a responsibility to uphold and advance these foundational values in exercising its constitutional and legislative powers, improving development institutions and ensuring that State power is organised and exercised in accordance with the Constitution and the law, thereby meeting the country's development requirements in a new era.
Translate by Hong Nhung