VIETNAM NATIONAL UNIVERSITY OF HANOI

UNIVERSITY OF SOCIAL SCIENCES AND HUMANITIES

_______________________

 

 

NGUYEN THI HANH

 

 

HO CHI MINH'S THOUGHTS ON THE DEMOCRATIC NATURE OF THE STATE AND ITS SIGNIFICANCE IN BUILDING A SOCIALIST RULE OF LAW STATE IN VIETNAM TODAY

 

 

 

Major: Scientific Socialism

Code: 62 22 03 08

 

 

           

ABSTRACT OF THE DOCTORAL THESIS IN PHILOSOPHY

 

 

HANOI - 2020

 

The project was completed at: University of Social Sciences and Humanities - Vietnam National University, Hanoi

 

 

Scientific supervisor: Assoc. Prof. Dr. Duong Van Thinh

 

Counter-argument 1:

 

Counter-argument 2:

 

 

 

The dissertation will be defended before the National University-level Doctoral Dissertation Examination Council meeting at: Faculty of Social Sciences and Humanities - Vietnam National University, Hanoi, at: [time] [date] [month] [year] 20

 

 

 

 

The thesis can be found at:

- National Library of Vietnam

- Information and Library Center, Vietnam National University, Hanoi

INTRODUCTION

1. The urgency of the topic

Strengthening the organization and improving the effectiveness and efficiency of the state apparatus is one of the important requirements for building a socialist rule of law state in Vietnam. The goal is to ensure that state agencies at both the central and local levels properly and fully perform their functions, duties, and powers as stipulated in the Constitution and laws, and to promote the democratic nature of the Vietnamese state. Building a rule of law state is an inevitable objective trend, but for us, this is a completely new task.

The Resolution of the 10th National Congress of the Communist Party of Vietnam affirmed that the task and path to socialism in our country is to develop a socialist-oriented market economy; accelerate industrialization and modernization; build a culture that truly serves as the spiritual foundation of society; build a socialist rule of law state of the people, by the people, and for the people; build a clean and strong Party; ensure solid national defense and security; and proactively and actively integrate into the international community.

To accomplish these tasks, our Party and State deeply understand that, along with absorbing the universal values ​​of the rule of law that humanity has achieved, we need to study, inherit, and apply Ho Chi Minh's ideological values ​​on the democratic nature of the State to gradually build a socialist rule of law state in Vietnam with its own unique characteristics, suitable to the level of socio-economic development, cultural traditions, and national identity of Vietnam.

During the years of reform, imbued with Ho Chi Minh's ideology, the Party and State of Vietnam have formulated many policies and guidelines contributing to the construction of a socialist rule of law state, achieving many important accomplishments. However, alongside these achievements, the process of studying, researching, and applying Ho Chi Minh's thought on the democratic nature of the state in building a socialist rule of law state in our country still faces many shortcomings. Specifically, the understanding of the role and status of the people during the transitional period to socialism, according to Ho Chi Minh's thought on the democratic nature of the state, remains incomplete and not comprehensive. Ho Chi Minh always reminded us that our State is a State of the people, our laws are democratic laws that protect the rights and interests of the people, but the current legal system in our country still has many loopholes, inadequacies, and lacks strategic vision and feasibility. The people lack the legal basis to fight against negative phenomena, corruption, and infringements on their own and society's interests. Violations of the principle of democratic centralism cause internal disunity; superficial unity and formal democracy; factionalism, cronyism, vying for positions and power; authoritarianism, paternalism, and a lack of democracy in leadership and administration, deviating from Ho Chi Minh's thought on the democratic nature of the state. Therefore, if these limitations are not effectively overcome, we cannot eliminate the bureaucratic nature of the state that negatively impacts the people's right to self-governance.

Studying Ho Chi Minh's thought on the democratic nature of the state is of significant theoretical and practical importance. It provides us with a correct and scientific worldview and methodology to counter the distorted arguments of hostile forces during the country's renewal process. It also gives us a correct understanding of the content of the issue of the democratic nature of the state according to Ho Chi Minh's thought, enabling us to correctly and creatively apply his views to building a socialist rule of law state in Vietnam today. For all these reasons, the doctoral candidate has chosen this topic."Ho Chi Minh's thought on the democratic nature of the State and its significance in building the socialist rule of law state in Vietnam today"to do my research.

2. Research Objectives and Tasks

2.1. Purpose

Based on an analysis and clarification of Ho Chi Minh's thought on the democratic nature of the state, this dissertation highlights the significance of Ho Chi Minh's thought on the democratic nature of the state in building the socialist rule of law state in Vietnam today. From there, the dissertation proposes several solutions to continue applying Ho Chi Minh's thought on the democratic nature of the state in building the socialist rule of law state in Vietnam in the future.

2.2. Tasks

To achieve the above objective, the thesis focuses on addressing the following tasks:

- Analyze and clarify the basis for the formation and content of Ho Chi Minh's thought on the democratic nature of the State.

- To summarize some of the meanings of Ho Chi Minh's thought on the democratic nature of the state in building a socialist rule of law state in Vietnam.

- Propose several solutions to continue applying Ho Chi Minh's thought on the democratic nature of the state in building the socialist rule of law state in Vietnam today.

3. Research Subjects and Scope

3.1. Research Subjects

This dissertation focuses on studying Ho Chi Minh's thought on the democratic nature of the state. First and foremost, Ho Chi Minh's thought on democracy and the democratic nature of the state are the main subjects of study. Along with that, the significance of Ho Chi Minh's thought on the democratic nature of the state in the process of building a socialist rule of law state in Vietnam today will also be analyzed.

3.2. Scope of the study

- Regarding the content:This dissertation provides an overview of Ho Chi Minh's thought on the democratic nature of the State and its significance in building a socialist rule of law state in Vietnam today, from a philosophical perspective.

- Regarding space and time:This thesis examines the significance of Ho Chi Minh's thought on the democratic nature of the state in building a socialist rule of law state in Vietnam, applying it to current realities. Furthermore, the thesis looks across history to provide a comprehensive and objective assessment of the research subject.

4. Theoretical basis and research methods

ButThe research topic is based on the viewpoints of Marxism-Leninism, Ho Chi Minh Thought, and the views of the Communist Party of Vietnam on democracy, the state, and the democratic nature of the Vietnamese state in building a rule-of-law state. In addition, the dissertation selectively inherits the scientific works of previous authors published related to the dissertation topic.

- The dissertation is conducted on the basis of the general legal methodology of dialectical materialism and historical materialism, combined with methods such as: the logical-historical method, the analytical-synthetic method; the comparative method; the document analysis method; the expert method, etc. These methods may be used separately or in combination to address the tasks of the dissertation.

5. Scientific contributions of the thesis

This dissertation presents and analyzes the content of Ho Chi Minh's thought on the democratic nature of the State. It initially summarizes the significance of Ho Chi Minh's thought on the democratic nature of the State in building a socialist rule of law state in Vietnam in the future. Furthermore, the dissertation proposes solutions for continuing to apply Ho Chi Minh's thought on the democratic nature of the State in building a socialist rule of law state in Vietnam today.

6. Significance of the thesis

- The research findings of this dissertation can enrich the scientific arguments regarding Ho Chi Minh's thought on the democratic nature of the State, the basic contents of the rule of law, and the significance of Ho Chi Minh's thought on the democratic nature of the State in building a rule of law state. At the same time, the dissertation contributes to deepening the views of the Party and the State on building a socialist rule of law state in Vietnam today.

ButThis dissertation provides theoretical foundations and solutions for the current construction of a socialist rule of law state in Vietnam; it serves as a reference for research, teaching, and learning in philosophy and political education on Ho Chi Minh's thought on the democratic nature of the State and its significance in building a socialist rule of law state in Vietnam today.

7. Structure of the thesis

Besides the introduction, conclusion, bibliography, published works, abbreviation list, and appendix, the dissertation content consists of 4 chapters and 13 sections.

Chapter 1

OVERVIEW OF RESEARCH RELATED TO THE TOPIC

1.1. Research on the foundations and content of Ho Chi Minh's thought on the democratic nature of the State.

1.11. Studies around the world

W. Duker (2000): "Ho Chi Minh a life"(Ho Chi Minh: A Life)") [168];Sophia Quinn – Judge (2002): “Ho Chi Minh – The Missing Years”) [171].Following Ho Chi Minh: The Memoirs of North Vietnamse Colonel, published by C. Hurst & Co, 1995, 202 pages.Ho Chi Minh: A Biography by Pierre BrocheuxTranslated into English by Claire Duiker, published by the University of Cambridge in the United States in 2003;The book Ho Chi Minh: North Vietnamese PresidentBy Kristin F. Johnson, published in 2012 by ABDO Publishing Company. … Research by foreign scholars has clearly shown that, along with building and implementing a new democracy in Vietnam, President Ho Chi Minh also paid great attention to democratic policies in state building. This is reflected in his democratic awareness, behavior, actions, and solutions in implementing democracy based on the Vietnamese context in the new era.

1.1.2. Domestic Studies

In the book "Ho Chi Minh's democratic method” by author Pham Van Binh (2007); The book “Ho Chi Minh's democratic ideology” by Pham Thanh - Nguyen Khac Mai (1991) [130],Nguyen Khac Mai(2001), “Onehundred sentencesspeakon democracybelong toHo Chi Minh[91]. Pham Hong Chuong, Doan Thi Chin (Co-editors) (2016), “Ho Chi Minh's democratic ideologyNational Political Publishing House, Hanoi [23]; Hoang Chi Bao (2013), “Ho Chi Minh's democratic ideology, Central Theoretical Council, Communist Magazine, Hanoi [8]… In general,

1.2. Research works on the issue of building a rule-of-law state and the ideological significance of Ho Chi Minh's thought on the democratic nature of the state in building a socialist rule-of-law state in Vietnam today.

In general, the assessments of the authors in these works are mostly at a general, abstract level, not delving into the specific meaning of Ho Chi Minh's thought on the democratic nature of the state in building a socialist rule of law state in Vietnam. Therefore, a deeper understanding of the current meaning of Ho Chi Minh's thought on the democratic nature of the state is an issue that needs further investigation, debate, and clarification.

1.3. Research studies on measures to continue applying Ho Chi Minh's thought on the democratic nature of the state in building the socialist rule of law state in Vietnam today.

Provide an overview of the research status of works related to the dissertation and identify issues that the dissertation needs to further investigate.

1.3.1. Research findings from published scientific works related to the dissertation

The first,Democracy is a topic of great interest to many researchers and has been widely studied both domestically and internationally.

MondayStudies have focused on explaining the necessity of building a National Resource Management System (NRMS) in Vietnam.

TuesdayStudies have unanimously affirmed that Ho Chi Minh was one of the founders of the modern Vietnamese state-owned enterprise; in particular, he was a pioneer in realizing democratic practices in state building in Vietnam.

Wednesday,These studies have provided a considerable amount of knowledge and information about Ho Chi Minh's thought on the nature of the Vietnamese State and the construction of a socialist rule of law state in Vietnam. However, only a few studies directly address the democratic nature of the state, and most focus on the theoretical aspects related to democracy.

1.3.2. Issues requiring further research for the dissertation

Firstly, the thesis needs to analyze the foundations of Ho Chi Minh's thought on the democratic nature of the State. This includes: practical basis, theoretical premises, and subjective factors. This is an issue that previous works have addressed, but have not been comprehensively and thoroughly summarized.

Secondly, the thesis aims to define the democratic nature of the state according to Ho Chi Minh's ideology. This will contribute to clarifying the theoretical basis for the thesis.

Thirdly, the thesis needs to summarize some theoretical issues regarding the rule of law.

Thirdly, from the perspective of Ho Chi Minh's thought, based on an analysis of the domestic situation, the thesis provides a scientific basis and draws out some meanings of Ho Chi Minh's thought on the democratic nature of the state in building the socialist rule of law state in Vietnam today.

Chapter 1 Summary

Ho Chi Minh's thought on the democratic nature of the state and its significance in building the socialist rule of law state in Vietnam today is one of the important contents and an integral part of Ho Chi Minh's ideological legacy. To date, many works by domestic and foreign authors have focused on researching this topic from different perspectives.

Through the process of synthesizing documents and reviewing research related to the dissertation topic, the author of the dissertation generally assesses the achievements and gaps of published works, thereby raising issues that need further research such as: the basis for formation, some concepts, and content of Ho Chi Minh's thought on the democratic nature of the state, its significance, and directions for building a socialist rule of law state in Vietnam today, etc. These are very important and urgent issues in state building in Vietnam. Therefore, the author chose the topic "Ho Chi Minh's thought on the democratic nature of the State and its significance in building the socialist rule of law state in Vietnam today.It has profound theoretical and practical significance, especially when referencing Ho Chi Minh's thought in the context of building a rule-of-law state today.

Chapter 2

THE FOUNDATION AND CONTENT OF HO CHI MINH'S THOUGHT ON THE DEMOCRATIC NATURE OF THE STATE

2.1. The foundations of Ho Chi Minh's thought on the democratic nature of the State.

2.1.1. Practical basis

2.1.1.1. National liberation movements around the world

2.1.1.2. Economic, political, and social context in Vietnam

2.1.2. Theoretical premises

2.1.2.1. The fine traditional values ​​of the nation

The firstPatriotism has become a driving force, a traditional strength, a moral principle, a source of pride, and a leading factor in the Vietnamese spiritual value system.

Monday, the pro-people ideology of the Vietnamese feudal dynasties

Tuesday,The ideas of some progressive patriotic Vietnamese intellectuals in the late 19th and early 20th centuries.

2.1.2.2. The Quintessence of Human Culture: East and West

• Eastern philosophical values
• The finest aspects of Western culture
• Marxist-Leninist theory of democracy and the state

2.1.3. Subjective Factors

2.1.3.1. Ho Chi Minh's thinking ability and scientific intelligence

2.1.3.2. Ho Chi Minh's political acumen, moral character, and practical abilities.

2.2. Ho Chi Minh's Conception of Democracy and the Democratic Nature of the State

2.2.1. Democracy and Ho Chi Minh's conception of democracy

President Ho Chi Minh put forward a system of arguments on democracy, from its concept to its manifestation in the political, economic, cultural, and social fields. Regardless of the approach, Ho Chi Minh's conception of democracy always highlighted its political content, as he consistently emphasized the issue of the state and the relationship between the state and the people. From this perspective, Ho Chi Minh's conception of democracy can be summarized in the following aspects:The people are the masters.;The people are in control; we are moving towards true democracy.

2.2.2. The democratic nature of the State according to Ho Chi Minh's thought 

Initial research on this issue can be summarized into the following basic points:

First, a truly people's state, of the people, by the people, and for the people.

Secondly, the state respects the law and is organized and operates within the framework of the Constitution.

Thirdly, the state serves the people and brings benefits to the people. All government activities must aim to bring benefits to the people.

Wednesday,A state of the people, by the people, and for the people must have a professional, clean, and truly dedicated team of officials and civil servants who are servants of the people.

Chapter 2 Summary

His thoughts and views on a state of the people, by the people, and for the people are profoundly insightful and form the core of Ho Chi Minh Thought. They contain immense value, both theoretically and practically, for the Vietnamese revolution; they serve as a guide for the successful implementation of reforms, the construction of a socialist rule of law state, and the expansion of international relations.

In particular, when studying Ho Chi Minh's thought on the democratic nature of the state, it is essential to research and clarify the theoretical and practical foundations, as well as the subjective factors, that shaped his ideas on democracy. The fundamental sources of thought that Ho Chi Minh absorbed, such as democratic thought in the Vietnamese tradition; the bourgeois democratic thought of the French Enlightenment thinkers; democratic values ​​in Eastern culture; Marxist-Leninist theory on democracy and the state; Sun Yat-sen's democratic thought; and the democratic thought of patriotic intellectuals contemporary with Ho Chi Minh, have been highlighted and demonstrated as evidence of the continuity and adaptation in Ho Chi Minh's thought. Furthermore, practical foundations, including analyses of socio-economic conditions, the failures of domestic liberation movements, the influence of national liberation movements in other countries, and the process of East-West cultural exchange, formed the basis for changing Ho Chi Minh's thinking. Adding to the foundation of Ho Chi Minh's thought on the democratic nature of the state, the subjective factor that shaped Ho Chi Minh's entirely new school of thought on democracy cannot be overlooked.

Chapter 3

THE SIGNIFICANCE OF HO CHI MINH'S THOUGHTS ON THE DEMOCRATIC NATURE OF THE STATE IN THE CONSTRUCTION OF A SOCIALIST RULE OF LAW STATE IN VIETNAM TODAY

3.1.General concept of building a socialist rule of law state in Vietnam.

3.1.1. The concept of the rule of law

Based on the two fundamental attributes of NNPQ mentioned above, we have a very concise definition of NNPQ as follows:A rule of law state is a state that upholds the supremacy of law and guarantees democracy."Or it can be understood as,A rule of law state is a form of state power organization where the supremacy of law is guaranteed and recognized; it encompasses the clear definition of legislative, executive, and judicial powers, with a complete, clear, and transparent legal system that reflects the will and aspirations of the people, ensuring in practice the fundamental legitimate rights and interests of citizens, and reflecting the relationship between the state and citizens and vice versa.

3.1.3. Content of building the socialist rule of law state in Vietnam

Firstly, "Improving the institutions, functions, tasks, methods and operating mechanisms, and enhancing the effectiveness and efficiency of the socialist rule of law state."[61, p.175].

Secondly, we need to improve the state apparatus from the central to local levels, aiming for a streamlined structure that operates effectively and efficiently, serves the people, and fosters development.

Thirdly, we must build a team of qualified, responsible, honest, and professional public servants.

3.2. The ideological significance of Ho Chi Minh's thought on the democratic nature of the state in building the socialist rule of law state in Vietnam today.

3.2.1. The ideological significance of Ho Chi Minh's thought on the democratic nature of the state in promoting democracy and ensuring that state power belongs to the people.

3.2.2. The significance of Ho Chi Minh's thought on the democratic nature of the state in perfecting the legal system to realize democracy.

3.2.3. The ideological significance of Ho Chi Minh's thought on the democratic nature of the state in organizing and controlling state power.

3.2.4. The significance of Ho Chi Minh's thought on the democratic nature of the state in the work of building and managing the cadre team.

3.3. Some issues raised regarding the democratic nature of the socialist rule of law state in Vietnam according to Ho Chi Minh's thought.

Summary of Chapter 3

Building a rule of law state is an essential, objective requirement and in line with the development trends of the times. Implementing democracy is one of the fundamental aspects of a rule of law state, especially a socialist rule of law state of the people, by the people, and for the people. Without a genuine rule of law state, there can be no broad and sustainable democracy. Democracy plays a fundamental role as the basis and driving force for the development of a rule of law state. For our country, the democratization of society is both a prerequisite for building and perfecting a socialist rule of law state and a fundamental measure to accelerate the country's development.

 

Chapter 4

SOME SOLUTIONS TO CONTINUE APPLYING HO CHI MINH'S THOUGHTS ON THE DEMOCRATIC NATURE OF THE STATE IN BUILDING A SOCIALIST RULE OF LAW STATE IN VIETNAM TODAY

Ho Chi Minh Thought is a comprehensive and profound system of views on the fundamental issues of the Vietnamese revolution. It is the result of the creative application and development of Marxism-Leninism to the specific conditions of Vietnam, inheriting and developing the fine traditional values ​​of the nation, and absorbing the cultural essence of humanity. It is an immensely valuable spiritual asset of our Party and nation, forever guiding the revolutionary cause of our people to victory. The practical experience of the Vietnamese revolution has proven that, despite rapid and profound changes in the domestic and international situations, the correctness, vitality, creativity, and relevance to the characteristics of the Vietnamese revolution and the trends of the times of Ho Chi Minh Thought remain undiminished.

4.1. Promoting democracy and ensuring that power belongs to the people.

4.2. Building and improving the legal system

4.3. Improving the organization and control of state power

4.4. Building a team of cadres and personnel management.

Summary of Chapter 4

According to Ho Chi Minh's viewpoint and ideology, a state governed by the rule of law, of the people, by the people, and for the people, is a state established by the entire people; a completely constitutional and legal state; a state whose power originates from the people, entrusted by the people, and not from supernatural forces like God or from supreme reason; a state that takes the rights and interests of the people, their freedom and happiness, as its mission and reason for existence. The state has no end in itself, but is merely a tool to serve the people and the needs of social development. According to President Ho Chi Minh, if the government harms the people, fails to seek their rights and happiness, the people have the right to change or abolish that government and establish a new one.

In reality, with each Party Congress, the Party's guidelines increasingly focus on building a rule-of-law state of the people, by the people, and for the people. To achieve correct and effective orientations, the policies and guidelines must rely on the theories in Ho Chi Minh's thought on the democratic nature of the state. Therefore, his democratic ideas need to be thoroughly studied so that our Party and State have a basis for creatively and effectively applying them in the implementation of democracy to fully meet the democratic needs of the people.

CONCLUDE

Overall, Ho Chi Minh's thought on the democratic nature of the state is one of the invaluable theoretical treasures of our people. Ho Chi Minh studied democratic ideas throughout history, combined with his experiences in the process of seeking a path to national salvation in Western countries, especially his years in France and Russia, to develop a democratic ideology suitable for Vietnam's conditions, contributing to the building of a rule-of-law state of the people, by the people, and for the people.

Ho Chi Minh's thought on the democratic nature of the state is a complete inheritance of humanity's democratic heritage. Theoretically, Western democratic ideas such as the bourgeois democratic ideas of the French Enlightenment philosophers, and Eastern philosophical thought such as the democratic ideas in the Vietnamese tradition, the values ​​in Confucianism, Buddhism, and Taoism, the democratic ideas of Sun Yat-sen, and especially Marxist-Leninist democracy, formed the fundamental theoretical basis for Ho Chi Minh's inheritance and development. Practically, the context of 20th-century Vietnam, including its economic, political, and social circumstances, the struggle and failure of bourgeois and feudal democratic ideologies, and the process of cultural exchange, all influenced Ho Chi Minh's mindset. The values ​​from the global democratic struggle, combined with Ho Chi Minh's character and qualities, created a unique democratic identity for the Vietnamese nation.

From the perspective of Marxism-Leninism, Ho Chi Minh's democratic thought has been clearly understood in terms of its nature, role, and methods of expressing democracy. In particular, Ho Chi Minh's thought on the democratic nature of the state is a highlight and a positive aspect of his thought. These ideas remain extremely relevant today, especially in the context of international economic integration and the influence of the Fourth Industrial Revolution. The construction of a rule-of-law state of the people, by the people, and for the people, alongside its achievements, still faces many difficulties and challenges. Therefore, in recent years, the Party and State of Vietnam have consistently affirmed the immense theoretical role of Marxism-Leninism and Ho Chi Minh Thought. These theories serve as a guiding light for the Vietnamese nation.

Assessing the contemporary significance of Ho Chi Minh's thought on the democratic nature of the state in building a rule-of-law state of the people, by the people, and for the people, it can be seen that our Party has also relied on his thought to formulate policies and guidelines for the cause of national construction and development. Practical experience also shows that the realization of his democratic thought is a tremendous driving force for social development.

Ho Chi Minh's democratic values ​​are also of paramount importance in the process of building a democratic culture in Vietnam. Ho Chi Minh's practical guidance on democracy laid the foundation for the formation of a democratic culture within the Party and contributed to the fundamental renewal of democratic culture among the people. Ho Chi Minh's democracy possesses profound humanistic values; therefore, fundamentally, the Party, the State, and the people of Vietnam need to strive to study, research, internalize, and further concretize his democratic thought into action so that our country can proactively reach out and integrate into the international community, avoiding animosity and isolation from international friends.

 

LIST OF AUTHOR'S SCIENTIFIC WORKS RELATED TO THE THESIS

1. Nguyen Thi Hanh (2017), “The unity of interests between nation and class according to Ho Chi Minh's thought in socio-economic development in our country today”,Ethnic Groups and Times MagazineVolume 192, page 47.

2. Nguyen Thi Hanh (2017), “State administrative management and management of the education and training sector”,Hanoi University of Education Publishing House.

3. Nguyen Thi Hanh (2018), “The issue of democracy in building a socialist rule of law state in Vietnam under the influence of the 4.0 industrial revolution”, Hanoi University of Education Science Journal, Hanoi University of Education Publishing House.

7. Nguyen Thi Hanh (2020), “Applying Ho Chi Minh's thought on the principle of freedom of belief and religion in state management of religion in Vietnam today”,Religious Publishing HouseIssue No. 10 – 2020, pp. 21-27.