Summary of PhD thesis: Nguyen Thi Thu Hang

HANOI NATIONAL UNIVERSITY

UNIVERSITY OF SOCIAL SCIENCES AND HUMANITIES

 

 

 

NGUYEN THI THU HANG

 

 

 

 

 

BUILDING A SOCIALIST RULE OF LAW STATE

VIETNAM ACCORDING TO HO CHI MINH'S THOUGHT

IN THE PRESENT PERIOD

 

 

DOCTORAL THESISHO CHI MINH STUDIES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HANOI – 2020

 

HANOI NATIONAL UNIVERSITY

UNIVERSITY OF SOCIAL SCIENCES AND HUMANITIES

 

 

 

NGUYEN THI THU HANG

 

 

 

 

 

BUILDING A SOCIALIST RULE OF LAW STATE

VIETNAM ACCORDING TO HO CHI MINH'S THOUGHT

IN THE PRESENT PERIOD

 

 

DOCTORAL THESISHO CHI MINH STUDIES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HANOI – 2020

 

 

INTRODUCTION

1. Calculateurgency oftopic

President Ho Chi Minh sacrificed his whole life to fight for independence, freedom and happiness for the Vietnamese nation and people and the working people in the world. Not only that, he also left to future generations a priceless theoretical treasure, his ideology together with Marxism-Leninism became the ideological foundation, the compass for the revolutionary actions of the entire Party and people, thanks to which the Vietnamese revolution went from one victory to another.

In the era of rapidly developing technology and increasingly deep and wide integration with the world as it is today, our country will develop sustainably, "standing shoulder to shoulder with the world powers" as President Ho Chi Minh expected when having a State "must have a spirit of law". That means building a socialist rule of law State with democratic nature, legality, constitutionality and a team of dedicated cadres serving the people, etc., are the basic contents of Ho Chi Minh's ideology. His ideology is the light that guides the cause of building a socialist rule of law state in Vietnam in the current period.

The rule of law state is a model that is considered a progressive type of social organization and management in the history of human development, with the nature of valuing the law and the law as a tool to protect human rights, freedom and democracy. Of course, there cannot be a common rule of law state model for all countries and ethnic groups, because each country and ethnic group will have different characteristics. Since ancient times, some thinkers have studied the relationship between the state and the law through the rulers of that state. Those early ideas were gradually supplemented into theories about the rule of law state. Along with the development of human history, the idea of ​​the rule of law state has increasingly developed and spread widely.

Depending on their specific characteristics and peculiarities, different ethnic groups have chosen different forms of rule of law state to apply to the organization, management of society and development of the country. This has created forms of rule of law state that basically have the same basic characteristics, but the forms are very rich and diverse. Therefore, systematically studying the ideas of rule of law state, on that basis, making proposals and recommendations to build and perfect the socialist rule of law state of Vietnam in accordance with the specific conditions and circumstances of our country is a work of special scientific value in the current situation.

Immediately after the Communist Party of Vietnam led our people to gain power, the recognition of the necessity of building a state with the rule of law was formed early in Ho Chi Minh's thought. President Ho Chi Minh and our Party quickly set about establishing and building a new democratic state - a state of law of the people, by the people and for the people. Starting from the viewpoint that "everyone must have the spirit of the rule of law", Ho Chi Minh pointed out the fundamental characteristics of the Vietnamese state of law, which is that the state must be organized legally, constitutionally, and have the spirit of "respect for the law". This viewpoint is completely consistent with the theory of the state of law in the history of human thought with the nature of a state that respects the law in society.

Today, our Party has identified that building and perfecting the socialist rule of law state in Vietnam is a central and fundamental task in the innovation of the political system. Carrying out this task raises many issues both in theory and practice. In terms of theory, the theory of the rule of law state still has many contents that have not been clarified, especially in the new context and the new type of rule of law state; in terms of social practice, there are also many shortcomings such as: the model, operating principles of the rule of law state, the Party's leadership mechanism or the relationship between the rule of law state and the market, society, etc., even the debates about whether or not Ho Chi Minh's thought on the rule of law state exists in the current theoretical research community. Therefore, the study of Ho Chi Minh's thought on the rule of law state to contribute to systematizing and theorizing the rule of law state has not yet had satisfactory explanations. In practice, the state apparatus is still in a state of surplus, shortage and weakness in the number of civil servants; especially the low level of understanding and grasp of the law, leading to poor enforcement of the law. In society, violations of the law due to lack of understanding are still quite common. The lack of legal regulations in regulating new social relations arising in the process of building and developing a socialist-oriented market economy are prominent issues. These are also barriers in the process of perfecting a state of the people, by the people and for the people.

From the requirements set forth in theoretical research and the limitations in the practice of building a socialist rule-of-law state in our country today, it can be seen that a systematic study of Ho Chi Minh's ideology on the rule-of-law state, affirming the values ​​on which to apply in practice the building and perfecting of a socialist rule-of-law state in Vietnam today is an extremely necessary requirement.

For the above reasons, NCS has chosen the problem "Building a socialist rule of law state in Vietnam today according to Ho Chi Minh's thought" for the topic of his thesis.

2. Research purpose and tasksbelong totopic

Research purpose

- Research and systematize Ho Chi Minh's ideology and ideological values ​​on the rule of law state.

- Research on the current status of building a socialist rule of law state in Vietnam from the perspective and nature of the rule of law state of Ho Chi Minh's thought.

- Based on the issues raised in both theory and practice, the thesis proposes basic solutions to contribute to the continued construction and completion of the current Vietnamese socialist rule of law state according to Ho Chi Minh's thought on the rule of law state.

Research mission

- Overview of research related to the topic to point out thesis issues that need further research and clarification.

- Systematize Ho Chi Minh's thoughts on the rule of law state; analyze the values ​​of that thought for the cause of building and perfecting the socialist rule of law state of Vietnam.

- Analyze the current status of building a rule of law state in Vietnam by pointing out the achievements as well as the limitations in the current rule of law state in Vietnam according to Ho Chi Minh's thought on the rule of law state.

- Propose some fundamental solutions in perception and practice to contribute to perfecting the state building process according to Ho Chi Minh's thought.

3. Research object and scopebelong totopic

- Research subjects:

One is Ho Chi Minh's thought on the rule of law state and its values.

Second, research and evaluate the results of building a socialist rule-of-law state in Vietnam according to Ho Chi Minh's ideology of a rule-of-law state.

- Research scope:

+ Ho Chi Minh's thought on the rule of law state and its value for building a rule of law state in Vietnam.

+ The current status of the Vietnamese rule of law state according to Ho Chi Minh's rule of law state ideology is demonstrated through summarizing practices, through reports, through the Constitutions and through documents of congresses of the Communist Party of Vietnam.

4. Theoretical basis and research methods

- Theoretical basis:

The thesis is based on:

+ System of views and theories of Marxism-Leninism on the state and the way to organize the state apparatus.

+ Viewpoints in the history of world thought on the rule of law state

+ Viewpoints and guidelines of the Communist Party of Vietnam on building and perfecting the socialist rule of law state of Vietnam.

- Research method:

On the basis of Marxist-Leninist methodology: dialectical materialism and historical materialism. At the same time, the thesis uses a number of specialized methods and interdisciplinary methods of social sciences and humanities in each chapter to solve the tasks set out in the thesis.

In the chapter Overview of the research situation, the author mainly uses the synthesis method and systematization method to generalize and synthesize the results achieved from research works related to the topic: "Building a socialist rule of law state in Vietnam today according to Ho Chi Minh's thought".

Chapter 2, in solving the content of this chapter, with the goal of building a basic theoretical framework on the rule of law state and especially Ho Chi Minh's thought on the rule of law state, the author uses many methods to clarify the research problem. Specifically, in building a set of conceptual tools, the author uses the inductive and deductive method. In the content of Ho Chi Minh's thought on the rule of law state and the value of those thoughts for the cause of building a socialist rule of law state in Vietnam today, the author mainly uses the analytical method, the logical method, the historical method and combines the logical method with the historical method to systematize Ho Chi Minh's thought on the rule of law state. To evaluate the values ​​of those thoughts, the author mainly uses the analytical and synthetic method.

Chapter 3 aims to assess the current status of the Vietnamese socialist rule of law state based on Ho Chi Minh's ideology of the rule of law state. The author mainly uses the analytical method; the synthetic method is also used to point out the achievements and the remaining problems in building the current Vietnamese socialist rule of law state.

Chapter 4, with the aim of proposing solutions in building a socialist rule of law state in Vietnam today according to Ho Chi Minh's thought, the author mainly uses the method of analysis and synthesis in the research.

5. Contribution ofthesis

- Systematizing Ho Chi Minh's thoughts on the rule of law state to affirm the fundamental value in building a rule of law state in Vietnam

- Assess the current status of building a Vietnamese rule of law state according to Ho Chi Minh's thought with the achievements and limitations of building and perfecting a socialist rule of law state in Vietnam in the current period.

- Propose some solutions to contribute to building and perfecting the current Vietnamese socialist rule of law state on the basis of applying Ho Chi Minh's thought on the rule of law state.

6. Theoretical and practical significance oftopic

- Theoretical significance: With the research results achieved, the thesis contributes to systematizing Ho Chi Minh's basic viewpoints on the rule of law state, thereby affirming the value and significance of this thought for the process of building and perfecting the socialist rule of law state of Vietnam.

- Practical significance: the thesis can be used as a reference for studies related to the content of Ho Chi Minh's thoughts on the rule of law state, building a socialist rule of law state in Vietnam. Moreover, the results of the thesis will serve the construction and completion of the current socialist rule of law state in Vietnam in proposing reasonable solutions on the basis of inheriting and applying Ho Chi Minh's thoughts on the rule of law state.

7. Structure oftopic

In addition to the introduction, conclusion, list of references, appendix, the thesis consists of 4 chapters.

Chapter 1

OVERVIEW OF RESEARCH RELATED TO THE RULE OF LAW STATE

1. Research situation

1.1 Theoretical research works on the rule of law state

Research by domestic authors

Some typical research projects such as:Learn about the rule of law(1992),Rule of law textbook(2015) by author Dao Tri Uc;Humanitarian rule of law(2005) by Vu Dinh Hoe;Contribute to the study of the Constitution and the rule of law state(2006) by Bui Ngoc Son;Limitation of state power(2000),Ho Chi Minh's thoughts on the rule of law state(2007),Vietnam National Assembly in the Rule of Law State (2007),Vietnamese Courts in the Context of Building a Rule of Law State (2012) are research works of author Nguyen Dang Dung;Some issues on the division, coordination and control of power in building a socialist rule of law state in Vietnam(2011) by author Tran Ngoc Duong;Socialist rule of law state of the people, by the people, for the people - theory and practice(2010) by Nguyen Duy Quy and Nguyen Tat Vien;Theoretical and practical basis for building a socialist rule of law state of the people, by the people and for the people(2012) by Tran Hau Thanh;State apparatus and organization of the state apparatus of the Socialist Republic of Vietnam(2015) by Nguyen Minh Doan (2015).

The volume of research topics on the rule of law state is quite large such as: State-level scientific topics KX 02 - 13Research on Ho Chi Minh's thoughts on the rule of law state(2013) chaired by author Nguyen Dinh Loc (2013); State-level social science program KX 04 (2001 - 2005); State-level scientific topic KX 04-28/06-10 chaired by author Tran Ngoc Duong onDivision, coordination and control of power in building a socialist rule of law state in Vietnam(2011).

Research on the rule of law state also attracted many articles by authors such as: Author Nguyen Manh Binh (2009), "On the relationship between people's power and state power",State and Law Magazine(No. 5); Le Van Cam, Duong Ba Thanh (2010), “The mechanism of controlling state power (and legislative power) in a rule of law state”,Journal of Legislative Studies(1/162); Pham Van Duc (2005), "On some special features of the socialist rule of law state in Vietnam",Journal of Philosophy(9); Tran Ngoc Lieu (2004), "Ho Chi Minh's ideology that state power belongs to the people",Communist Magazine(10); Vu Thi Loan (2013), "Ho Chi Minh's philosophy on building a democratic state and a rule-of-law state",Journal of Philosophy(3/262); Dao Tri Uc (2001), "Scientific arguments for perfecting the state apparatus of the Socialist Republic of Vietnam in the period of industrialization and modernization of the country",State and Law Magazine(11); Nguyen Van Yeu (2005), "Building a socialist rule of law state in Vietnam in the period of promoting industrialization and modernization of the country".Communist Magazine(20) etc.

- The issue of theoretical and practical research on the rule of law state has been chosen by many people to research and write theses, specifically: Nguyen Thu An (2017),Ho Chi Minh's thought on the rule of law state - basic viewpoints and inherited values ​​in building the current rule of law state in Vietnam; Vu Duy Tu (2017),Decentralization theory: Reference value in building and perfecting the current Vietnamese rule of law state apparatus; Hoang Thi Hanh (2013),Building a socialist rule of law state in Vietnam in the period of accelerating industrialization and modernization; Nguyen Van Nam (2012),The relationship between law and ethics in the current conditions of building a rule of law state in Vietnam; Ho Xuan Quang (2008),The Communist Party of Vietnam led the cause of building a socialist rule-of-law state from 1996 to 2006.; Tran Ngoc Lieu (2009),Marxist-Leninist views on the state and the construction of a socialist rule of law state in Vietnam; Nguyen Thi Chau Loan (2014),JJ Jousseau's political philosophy and its significance for building a rule of law state in Vietnam today; Vu Trong Lam (2014),Renewing the Party's leadership in the context of building a rule-of-law state in Vietnam (Related to the practice of Hanoi city;

Research by foreign authors is shown throughThere are many general works on the rule of law state, typical ones are:Spirit of the law (From The Spirit of Lois)of the French Enlightenment philosopher Montesquieu;On the social contractby Jean Jacques Rousseau translated by Hoang Thanh Dam (2013);Encourage learningby Fukuzawa Yukichi; Joseph Thesing with the bookRule of law – The governing regime of the Federal Republic of Germany;The Rule of law – A Lexicon for policy makersby Barry M. Hager (1999); David Held (2013) with the bookModern state management models; Raz (1979) in his workLiberty and the rule of law;John Keane (1988)Democracy and Civil Society(Democracy and civil society), etc.

1.2Research works on the practice of building a rule of law state in Vietnam 

WorkBuilding a rule of law state in Vietnam - some theoretical and practical issuesby author Nguyen Van Nien (1996);Building a rule of law state of the people, by the people and for the peopleby author Nguyen Trong Thoc (2005); Dao Tri Uc (2005) with the workBuilding a socialist rule of law state in Vietnam;Montesquieu's Political Philosophy and the Building of a Rule of Law State in Vietnamby author Le Tuan Huy (2006); Nguyen Van Thao (2006),Building a rule of law state under the leadership of the Party; Nguyen Van Yeu, Le Huu Nghia (2006) with the workBuilding a socialist rule of law state in Vietnam in the renovation period; Tran Ngoc Duong, Nong Duc Manh (2008) with the bookOrganizational model and direction of operation of the National Assembly and Government in the Socialist Republic of Vietnam; Institute of Military Social Sciences and Humanities (2016) published the workBuilding and perfecting the socialist rule of law state of Vietnam in the documents of the 12th National Party Congress; Dinh The Huynh, Luu Bao Ky, Tran Ngoc Duong (2015) with the workBuilding a socialist rule of law state: Vietnam's experience, China's experience; Le Mau Han (2006) has two important works:History of the Vietnamese National Assembly 1946 - 1960andHistory of the Government of Vietnam 1945 – 1954; Le Minh Quan (2003) withBuilding a Rule of Law State to meet the requirements of national development in the direction of socialism in Vietnam today; Nguyen Van Thao (2006) wrote the bookBuilding a rule of law state under the leadership of the Party; Nguyen Duy Quy, Nguyen Tat Vien (2010)The Socialist Republic of Vietnam's rule of law state of the people, by the people, for the people - theory and practice; Ministry of Justice – Institute of Legal Science (1993),Research on Ho Chi Minh's thoughts on State and law; Pham Van Duc (2015),Practicing democracy in the conditions of building a rule of law state and developing a socialist-oriented market economy, etc.

Besides the above research works, many authors also showed their interest through scientific publications such as: Ta Ngoc Tan (2015) with the workBuilding a rule of law state in the context of developing a socialist-oriented market economy in Vietnam and Laos; author Pham Van Duc (2015) with the workPracticing democracy in the conditions of building a rule of law state and developing a socialist-oriented market economy, etc;

1.2.Achievements and issues to be solved

1.2.1Achievements

The research results of the projects can be summarized as follows:

About the materialshows that at different levels of research, the works have contributed to clarifying issues such as: The concept of the history of human thought on the rule of law state; Contents related to Ho Chi Minh's thought on the rule of law state; Viewpoints as well as the process of our Party's perception of the rule of law state; Assessment of the current status of building the socialist rule of law state of Vietnam at certain stages, thereby proposing a number of directions and solutions in building the rule of law state of Vietnam.

About the method, cResearch works in different fields and areas in theory and practice of building a rule of law state have shown different approaches to the rule of law state such as philosophy, jurisprudence, history, politics, etc. This is the basis for showing that research on the rule of law state requires a comprehensive, multi-dimensional perspective and approach to evaluate as well as propose more comprehensive solutions.

In terms of perception, lThe history of research and research works on the rule of law state exudes cognitive meanings: research on the rule of law state and Ho Chi Minh's thought on the rule of law state is an issue of interest to many domestic and foreign researchers.

1.2.2. Thesis contents to be solved

Through the survey, it is shown that research on the socialist rule of law state in Vietnam today is still an issue that needs to be further studied. This is determined in the thesis as follows:

The first, continue to systematize Ho Chi Minh's thoughts on the rule of law state including: basic contents; identify characteristics; point out its values ​​for the construction of the current socialist rule of law state in Vietnam.

MondayBased on the ideology and values ​​of Ho Chi Minh's ideology on the rule of law state, the thesis analyzes the current status of building a socialist rule of law state in Vietnam, pointing out the advantages and limitations of the current situation.

TuesdayBased on the assessed reality, the thesis proposes basic groups of solutions to contribute to the cause of building and perfecting the socialist rule of law state in Vietnam today according to Ho Chi Minh's thought of the rule of law state.

Chapter 1 Summary

Through the overview of the research situation, it can be seen that the issue of the rule of law state in general, Ho Chi Minh's thoughts on the rule of law state and the construction of the rule of law state in Vietnam in particular is an issue that attracts many researchers with a large volume and high quality of works. In the chapter Overview of the research situation, the thesis focuses on solving two basic problems: one is to synthesize, research, and study documents related to the issue of the rule of law state focusing on two areas: thoughts on the rule of law state, Ho Chi Minh's thoughts on the rule of law state with the purpose of summarizing the results of theoretical research on the rule of law state. Second, to summarize documents on the construction of the rule of law state with the desire to learn about the current situation as well as the application of the theory of the rule of law state in the practice of building the rule of law state in Vietnam. On that basis, to learn about the achieved results as well as the limitations in the practice of building the rule of law state in Vietnam.

The overview of the research situation has determined the appearance of the research problem as well as determined a source of documents directly related to the research problem in the thesis. Based on determining the achieved points and limitations in previous research, the thesis will determine the issues that need to be further researched and clarified. The final part sets out the issues that the thesis needs to continue to research, which is synonymous with the objectives of the thesis.

Chapter 2

BUILDING A SOCIALIST RULE OF LAW STATE IN VIETNAM TODAY ACCORDING TO HO CHI MINH'S THOUGHT: THEORETICAL ISSUES

2.1. Some basic concepts

2.1.1. Rule of law

The term "rule of law" in different languages ​​means that the State must be bound by the law. Therefore, the most fundamental characteristic of the rule of law is the supremacy of law in the State.

In Vietnam, some authors also put forward concepts of the rule of law state such as: In the Dictionary of Sociology by author Nguyen Khac Vien, it is stated: “The rule of law state is built on the basis of democracy, in opposition to the dictatorial, totalitarian state... The rule of law state is not synonymous with the state that rules by law... The rule of law state is built on the basis of civil society... The law is the measure of freedom” [144, p.135]. Author Dao Tri Uc stated: “The rule of law state is a model of state built on the foundation of democracy and organizes power according to the principle of decentralization. In that state, constitutionalism is promoted, state power is limited by a legal system that is applied uniformly, transparently, fairly and ensures the right of access for all subjects. The state exercises its power on the basis of law according to a strict legal procedure to protect human rights and civil rights” [141, p.62]. Author Nguyen Dang Dung: “A rule of law state is a state organized and operated on the basis of natural rights, all subjects including the state must place themselves under the law.... The nature of a rule of law state is determined by the legal system” [22, pp.26 – 28].

2.1.2. Ho Chi Minh's thoughts on the rule of law state

Ho Chi Minh mentioned the idea of ​​the fundamental nature of the rule of law state very early in his thought and in the practice of building a democratic state in Vietnam. As early as 1919, in the Petition sent to the Versailles Conference, Ho Chi Minh raised the demand for a system of issuing laws instead of a system of issuing decrees and accompanied it with the view: "everyone must have the spirit of the rule of law" [76, p.438]. With the results in both theory and practice, it can be affirmed thatHo Chi Minh's ideology of the rule of law stateis the idea of ​​aa state of the people, by the people, for the people, a constitutional, legal state, operating and managing society according to the law and led by the Communist Party.

2.1.3. Socialist rule of law state; Socialist rule of law state of Vietnam

The term socialist rule of law state was first used by the Communist Party of Vietnam in 1994 in the documents of the mid-term National Party Congress of the 7th tenure. The concept of a rule of law state is a type of state associated with the socialist state. Our Party defines building a rule of law state as "establishing the principle of socialist rule of law, attaching importance to the rule of law in the organization and operation of the state apparatus" [145, p.6].

Through the Congresses, our Party's ideology on the rule of law state has made certain developments. Currently, the concept of "rule of law state" is combined with the concept of "Socialist state of Vietnam" to form the concept of "Socialist rule of law state of Vietnam". The basic characteristics of the socialist rule of law state of Vietnam can be summarized as follows:

One isThe Socialist Republic of Vietnam is a state of the people, by the people and for the people; all state power belongs to the people.

Second,In the Vietnamese rule of law state, state power is unified but there is division and coordination among state agencies in exercising three powers: legislative, executive and judicial.

Three is, The Socialist Republic of Vietnam's rule of law recognizes the supreme position of the Constitution and law in social life; the organization and operation of the State are implemented on the basis of the Constitution and law. The legal system is built on the basis of the will and aspirations of the people and has the role of regulating all relationships in all areas of social life.

Four isThe state always respects and protects human rights and civil rights.

Five isThe Socialist Republic of Vietnam's rule of law state ensures the strict and goodwill implementation of international commitments on the basis of strict compliance with the United Nations Charter and international treaties of which Vietnam is a member.

Sixth,The socialist rule of law state of Vietnam is a state led by the Communist Party of Vietnam.

2.1.4. Building a socialist rule-of-law state in Vietnam; Building a socialist rule-of-law state in Vietnam according to Ho Chi Minh's thought

- Building a socialist rule-of-law state of Vietnam is building a state of the people, by the people, for the people and under the leadership of the Party; that state is a state that respects the supremacy of the constitution and the law in the management and administration of the state and society with the goal of ensuring human rights in the state and in society; the state apparatus is structured and operated on the basis of unified state power and all power in the state and in society belongs to the people, with division, coordination and mutual control among state agencies in the exercise of legislative, executive and judicial powers.

- Building a socialist rule of law state in Vietnam according to Ho Chi Minh's thought:On the basis of determining the connotation of the concept of building a socialist rule-of-law state in Vietnam, building a socialist rule-of-law state in Vietnam according to Ho Chi Minh's thought is understood as:Applying the values ​​of Ho Chi Minh's thought on the rule of law state in building a rule of law state in Vietnam today with the content of building a socialist rule of law state as mentioned above. The suitable and similar points in the values ​​of Ho Chi Minh's thought on the rule of law state compared to the current socialist rule of law state in Vietnam are raised, identified and applied to build the goal of building a socialist rule of law state in Vietnam today.

2.2. Content of Ho Chi Minh's ideology on the rule of law state

2.2.1. A state of law is a state that respects the supremacy of the law.

According to Ho Chi Minh, the people's democratic rule of law state must be a state that manages society through a democratic legal system. The spirit of "rule of law" is one of the fundamental characteristics of the rule of law state according to Ho Chi Minh's thought. The reason why the rule of law state upholds the supremacy of law is because in essence, law is the legal basis to ensure fairness, democracy, and social progress. Law is considered a mirror to reflect the nature of the state. On the other hand, the state uses law as a tool to manage society, bringing society into the orbit of order and stability. In the rule of law state, law is the "midwife of democracy", all democratic rights of the people must be institutionalized by the constitution and law. There is no democracy outside of law and law is a necessary condition to ensure the freedoms of the people. There is a dialectical relationship between law and democracy. Democracy is the foundation of the rule of law, the rule of law is the means to practice democracy and the measure of democracy in society.

2.2.2. A rule of law state is a state that always aims to protect human rights.

In Ho Chi Minh's thought, human rights are considered the foundation and goal of his revolutionary career. Ho Chi Minh's only wish is thatto give people food, to give people clothes, to give people shelter and to give people education. He affirmed: “If the country is independent but the people are not free, then independence is meaningless” [78, p.152]; “We have fought for freedom and independence but people still starve and freeze to death, then freedom and independence are meaningless. People only know the value of freedom and independence when they have enough to eat and wear.””[78, p.152]. Therefore, Ho Chi Minh's revolutionary career was to find a way to save the country and save the people, or in other words, to find a way to regain the rights of the Vietnamese people against the domination of nationalism and feudalism. In Ho Chi Minh's thought, human rights are broadly understood as national rights and are affirmed and recorded in legal documents such as the Declaration of Independence and the Constitution of the state. Human rights according to Ho Chi Minh are also expressed in the fact that the people are the subjects of state power, the people have the right to control state power. Through the election, the people have participated in creating the institutions of the state apparatus. After the state apparatus is established, it must operate and be responsible to the people, and be under the control of the people.

2.2.3. A rule of law state has a close combination of law and ethics in social management.

The idea of ​​combining “virtue governance” and “rule by law” is one of the unique contents in Ho Chi Minh’s rule of law state. The dialectical relationship between morality and law in the rule of law state is explained by Ho Chi Minh: “Morality and law are one. That unity does not always remain the same. But no matter how it changes, along with the change of all things... its origin remains the same. That is the humanity of morality and law” [58, pp. 327 – 388].

In the concept of the relationship between ethics and law, Ho Chi Minh did not absolutize the role of any factor in society, but here, he pointed out the role of each factor and at the same time the combination of these two factors in a rule of law state. Law plays a role in establishing and ensuring social order, but the important thing is that law must ensure that ethical values ​​in that society are fair and equal. Therefore, law must be built and exist on the foundation of ethics. Law in a democratic rule of law state cannot go against the values ​​and ethical standards in society.

2.2.4. State power is unified and divided among state agencies.

Ho Chi Minh basically inherited the values ​​of the principle of separation of powers in the Western rule of law state to put forward a creative viewpoint that is completely consistent with the nature of Vietnamese society, which is the idea of ​​power in the state. Accordingly, state power is unified but there is division and coordination among state agencies in the implementation of legislative, executive and judicial powers.

In terms of basic principles in the organization of the state apparatus, Ho Chi Minh acknowledged the principle that state power is unified, all power is concentrated in the National Assembly - the highest representative body elected by the people. The system of other agencies in the state apparatus is formed and operates under the authorization of the National Assembly. The executive and judicial state agencies are formed and operate under the authorization of the National Assembly, the state activities established by the National Assembly are called arising. Ho Chi Minh's thought on the unity of state power is also expressed in the principle that all power in the state and in society belongs to the people.

2.3. The value of Ho Chi Minh's thought on the rule of law state in the construction of the socialist rule of law state of Vietnam in the current period

2.3.1. Correctly identify the position and role of law in a rule of law state and give views on a progressive legal system.

Ho Chi Minh very early recognized and evaluated the role of law in the state, his thoughts on law and law are especially valuable for building a Vietnamese rule of law state, specifically those core values ​​are reflected in the thoughts on the nature of democratic law and the spirit of respecting the supremacy of law. One of the supreme principles of a democratic rule of law state is that the state must manage society by a democratic legal system because a rule of law state must be a thoroughly and comprehensively democratic state. In addition, that state must be a legitimate, constitutional state, the state must have a democratic constitutional system. This thought has reflected the core nature of a democratic rule of law state according to Ho Chi Minh's thoughts, at the same time, it has become a principle in his state management activities throughout the years since the days when he played the role of founding a new democratic state when he assumed the mission as the head of state.

2.3.2. Building a state that guarantees human rights

In his thoughts and practice of building the state, Ho Chi Minh paid special attention to determining the rights of the people, which was stipulated in the 1946 Constitution. According to Ho Chi Minh: “In a state of law, the state must act for the purpose of protecting the rights of the people. To do so, human rights must be stipulated in the Constitution as a limit to state power. The state can only do what the law permits, and conversely, the people can do what the law does not prohibit” [22, p.142]. Basically, Ho Chi Minh's thoughts on human rights in a state of law are very meaningful for the construction and perfection of the socialist state of law in Vietnam, expressed in the following points: the people have the right to elect their representatives to participate in the state apparatus. This right demonstrates the role of the people in creating the state. Here, the people are playing the role of the subject of state power and the people have the right to supervise the activities and dismiss their elected representatives if they go against the interests of the nation.

 2.3.3. The State always ensures the principle of unity between law and ethics in social management.

Respecting the supremacy of law in social management is a bright value in Ho Chi Minh's thought on the rule of law state. However, the special point is that Ho Chi Minh did not absolutize the role of law, but his thought on governing the country was a smooth combination of "humane governance, moral governance" and "legal governance". The unity between morality and law in Ho Chi Minh's thought is also shown through the way he handled illegal acts. All ethics and laws direct people towards the values ​​of truth, goodness and beauty. Ho Chi Minh's view on "reason and emotion" shows that his view is a combination of objectivity, fairness and transparency but also requires tolerance and generosity without any cover-up. Because of this uniqueness, it has created a very typical value in the legislative and constitutional history of our country. Up to now, in the cause of building a socialist rule-of-law state in Vietnam, it still retains its value and has profound theoretical and practical significance.

2.3.4. On establishing appropriate principles of power organization in the state apparatus

Ho Chi Minh's view on the division of state power is not the idea of ​​decentralization but it is almost the division, coordination and mutual control between agencies in the state apparatus. Basically, the idea of ​​organizing power in a state of law is expressed in that all power in the state belongs to the people, the highest authority in the state is elected by the people through a general election with universal suffrage and state power in a state of law must be divided and controlled.

The division of power in the state apparatus according to Ho Chi Minh's thought does not mean that these institutions operate independently and separately because this concept shows that these are just different branches in terms of function in the state apparatus and is a simple technical division on the basis of all state power being concentrated in the hands of the people as stipulated in the Constitution. It is also not a rigid division, but this division helps to clearly divide the rights and responsibilities of agencies in the state apparatus. The value of Ho Chi Minh's thought on decentralization is also shown in the fact that these agencies of power, although they have separate functions and tasks, always coordinate with each other and self-check each other, to avoid overlapping in terms of power, avoid abuse of power, exceeding power and the operation of public agencies in the state, all for the purpose of establishing and ensuring the right to mastery belonging to the people. Ho Chi Minh's thought on decentralization and the practice of building and establishing the position and responsibility of agencies in the State apparatus have ended the monopoly and autocratic regime (the feudal regime before 1945) to open a new period in the history of state and national development, which is the democratic period. At the same time, decentralization creates a mechanism for specialization and professionalism for public agencies, contributing to improving the efficiency of the State apparatus.

Chapter 2 Summary

With the aim of building a basic theoretical framework to serve the research problem of the thesis, chapter 2 of the thesis focuses on three basic issues.

Firstly, to present concepts related to the research problem, specifically concepts related to the problem of building a socialist rule of law state in Vietnam according to Ho Chi Minh's thought.

Second, the thesis systematically generalizes Ho Chi Minh's thoughts on the rule of law state. With the system of viewpoints and theories on the characteristics of the state according to Ho Chi Minh's thoughts presented and analyzed through this thesis, we can completely affirm the existence of Ho Chi Minh's thoughts on the rule of law state. This contributes to systematizing Ho Chi Minh's thoughts on the rule of law state and answering the questions that still exist in current research: does Ho Chi Minh's thoughts on the rule of law state exist?

Third, the thesis has raised the core values ​​of that ideological system in the construction of a Vietnamese rule-of-law state. Basically, these values ​​are drawn from Ho Chi Minh's theory of a rule-of-law state that he selectively inherited to develop in accordance with the practical conditions of the Vietnamese revolution. These values ​​are considered as principled guidelines in the practice of building and perfecting a rule-of-law state in Vietnam.

Chapter 3

BUILDING A SOCIALIST RULE OF LAW STATE IN VIETNAM TODAY ACCORDING TO HO CHI MINH'S THOUGHT: PRACTICAL ISSUES

3.1. Achievements in the process of building a rule-of-law state in Vietnam according to Ho Chi Minh's thought

3.1.1. Development in the Party's thinking about the rule of law state in Vietnam

When evaluating the achievements in each field of building a rule-of-law state in the current period, the process of our Party's awareness and affirmation of the inevitability of building a rule-of-law state in Vietnam is also considered one of the achievements in the innovation of the Party's leadership thinking. The innovation in the Party's leadership thinking on the rule-of-law state has a decisive significance for the construction and perfection of the rule-of-law state in Vietnam today.

Through the process of formation and development leading to the completion of our Party's viewpoint on the rule of law state, especially from the 7th Congress up to now, it shows that the Party's perception of the rule of law state has had remarkable developments. From introducing concepts and terms related to the rule of law state to introducing and officially using the concept of the rule of law state in Party documents, up to now our Party has identified and systematized the principles, contents and tasks in building the socialist rule of law state of Vietnam. It even made decisions on reforms in the state apparatus to promote and make important contributions to the construction of the current rule of law state. The basic characteristics of the rule of law state in our Party's conception show that our Party has inherited the ideology of humanity and especially Ho Chi Minh's ideology on the rule of law state.

3.1.2. Building a democratic state

One of the essential characteristics of the rule of law state according to Ho Chi Minh's thought that up to now the work of building and perfecting the rule of law state in our country has achieved some important results is building a democratic state - a state of the people, by the people and for the people. The results achieved in practice in building a state with a democratic nature are demonstrated through the people's mastery in a comprehensive manner in all areas of social life and through the Constitution and legal system which stipulate human rights, at the same time through the operating mechanism of the state apparatus with the goal of everything being of the people, by the people and for the people. This is also the reality of practicing democracy in social life. The democratic nature of the state is demonstrated through all areas of social life - comprehensive democracy. Specifically, people have democratic rights in all areas of social life such as: democracy in the political field, in the economic field and in culture and society.

3.1.3. Building and perfecting the Constitution and legal system, while promoting revolutionary ethics education

In a rule of law state, the establishment and improvement of the Constitution and legal system is a fundamental requirement, which Ho Chi Minh paid special attention to when putting forward his views on building a rule of law state. However, in addition to paying attention to the law, Ho Chi Minh also promoted revolutionary ethics education. Based on the requirements of implementing democracy in society, the higher the democracy, the stricter the rule of law, the more strict the rule of law, the easier it is for democracy to be implemented. Therefore, in the process of building a rule of law state in Vietnam, on the one hand, it upholds the nature of "rule of law", on the other hand, it promotes the improvement of revolutionary ethics in the whole society.

3.1.4. Building a state apparatus with appropriate operating mechanisms between state power agencies

In the construction of the current Vietnamese socialist rule of law state, in addition to applying Ho Chi Minh's thought on democracy, promoting the constitution and law in the state, the construction and creation of the state apparatus with appropriate organization and operation methods is one of the important achievements in building a rule of law state according to Ho Chi Minh's thought. It is worth noting that the rule of law state in Vietnam operates with the division of power among agencies in the state apparatus but with mutual control and all power belongs to the people. This is one of the unique and outstanding characteristics but demonstrates the socialist democratic nature of the Vietnamese rule of law state.

3.1.5. Building a team of state officials and civil servants to meet the requirements of building a socialist rule-of-law state in Vietnam

In the process of building the state, our Party and State have always paid attention to and focused on the work of cadres. The Ordinance on Cadres and Civil Servants issued in 1998 (amended and supplemented in 2003) has created an important legal basis for building the team of cadres and civil servants. On that basis, the National Assembly upgraded that Ordinance to the Law on Cadres and Civil Servants and issued the Law on Public Employees. The provisions of the law also clearly stipulate the participation of cadres and civil servants in different work areas, different work groups and also clearly stipulate what cadres and civil servants are not allowed to do.

With the policy of strengthening education and improving quality, the contingent of civil servants has matured, standardized its staff and made many contributions to bring certain results to the national administration, gradually overcoming bureaucracy, subsidies and negative aspects in the executive activities of the state. In particular, our Party has devoted a large part of its intelligence to the work of cadres and developing staff at all levels. In a state of law, building a contingent of civil servants with sufficient capacity and moral qualities is not enough. With the nature of the state in which "everyone must have the spirit of the rule of law", requiring state civil servants and especially judicial officials to "serve the public and uphold the law, be impartial and selfless" is an important and necessary requirement.

3.2. Some limitations in the process of building a rule of law state in Vietnam

3.2.1. The issue of democracy in society

Some limitations

First, limitations in awareness of democracy and building socialist democracy.

Second, regarding the practice of democracy, the state's responsibility to the people in implementing democracy is sometimes and in some places not really close and responsible, even irresponsible and lax, leading to frustration among the people.

Issues to be addressed

Firstly, the operating mechanism of the political system "the party leads, the state manages, the people are the masters" needs to be clarified in both theory and practice.

Second, social awareness of democracy includes people's awareness and awareness of party members and officials in the state.

Third, regarding the method of practicing democracy, by providing methods suitable for different groups of people with different levels of education, living environments, and regional psychological characteristics, we will aim to practice democracy more thoroughly among the people, avoiding formalities, superficialities, and generalities.

Fourth is the problem of information and propaganda work.

3.2.2. Issues of organization, operation and coordination between state power agencies

Some limitations

Among the limitations, difficulties and obstacles in building a rule-of-law state in Vietnam, the organization, operation and division of labor and coordination between power agencies in the state apparatus are among the current issues. The limitations are concentrated in points such as: The state apparatus is still cumbersome, its operational efficiency is still low; state power agencies have not yet fully promoted their effectiveness, responsibilities and roles; Regarding decentralization and delegation of power between the central and local levels, there are still many problems, which are reflected in the fact that the system of state legal documents regulating decentralization and delegation of power is still limited, almost only stopping at principles; there is still a situation where power is quite concentrated in central agencies; the model of local government organization at all levels is almost the same while the conditions, bases, and geographical factors in localities are very different.

Issues raised

Regarding the issue of organization, operation and relationship between agencies in the state apparatus, the issue is the construction and completion of the apparatus of the socialist rule of law state of Vietnam in the direction of innovating the operation of the state apparatus in the operation of state power agencies such as the National Assembly, the Government, the Court and the Supreme People's Procuracy.

3.2.3. Issues of law making and enforcement

Some limitations

In general, the legal system is still not synchronous and complete, the quality and efficiency are not really close to social reality. Many legal regulations are still macro in nature, so to apply them in social reality, there needs to be a system of sub-law documents.

In the development and promulgation of laws and ordinances, the feasibility and effectiveness of laws in our country are still low; the progress of law and ordinance development is still slow, the legal system still does not cover all aspects of social life, so it cannot fully regulate social relationships.

Regarding law enforcement: one of the major limitations is that the majority of people's awareness of the law and their awareness of law enforcement are not high.

The problem is

The most fundamental issue facing the law in the current socialist rule of law state of Vietnam is to improve the feasibility of the law in state and social management. To achieve this requirement, it is necessary to focus on both law-making and law enforcement.

Chapter 3 Summary

On that basis, the Vietnamese rule of law state is built and developed according to the basic characteristics of the rule of law state according to Ho Chi Minh's thought. The assessment of the current situation of this issue points out two basic aspects: the achievements and the remaining limitations. Basically, the achievements in the process of building a rule of law state in our country focus on the following main points:

- The development in our Party's viewpoint on the rule of law state is expressed through Party documents and realized through state policies and laws.

- Building a democratic state in all social aspects such as economy, politics, culture - society, emphasizing human mastery as the "supreme" right, the core of a democratic state ruled by law.

- Our country has basically built a complete basic legal system, which is enforced in all areas of social life, contributing to ensuring and promoting democracy in society.

- Building a state apparatus with a reasonable decentralization regime among state power agencies is demonstrated through the fact that the state apparatus has been organized in the direction of division of labor but with mutual control and coordination in operations.

- Building a team of state officials and civil servants who basically meet the requirements of a socialist rule-of-law state, especially a team of judicial officials who are not only professionally qualified and have full revolutionary ethics but also have the spirit of "serving the public and upholding the law".

In addition to the achievements, the process of building and perfecting the socialist rule of law state of Vietnam today still poses many problems. These are the limitations and weaknesses that we have not yet overcome in state building. These limitations mainly focus on: the quality of the civil servant team is still low, leading to the ineffective operation of state agencies; democracy in society is sometimes and in many places still formalistic, the implementation of democracy is not thorough and sometimes too much emphasis is placed on achievements while the people's understanding and knowledge of democracy is still very limited. In addition, the legal system has not really covered all aspects and areas of social life, the work of law-making still lacks social criticism, law enforcement in some places is still loose, the understanding of the people, including state officials, about the law is still very limited, leading to violations of the law and even causing extremely serious consequences in society, etc. From pointing out the limitations in those aspects, the thesis identifies the issues that need to be resolved and considers them as the basis for proposing solutions to overcome the limitations in the current rule of law state in order to perfect the socialist rule of law state of Vietnam.

Chapter 4

ORIENTATIONS AND BASIC SOLUTIONS FOR BUILDING A SOCIALIST RULE OF LAW STATE IN VIETNAM TODAY ACCORDING TO HO CHI MINH'S THOUGHT

4.1. The Party's basic orientations in building a socialist rule of law state in Vietnam today

One isIn the light of Ho Chi Minh's thought on the rule of law state, the Party continues to directly, absolutely, and comprehensively lead the task of building and perfecting the socialist rule of law state of Vietnam.

Two is, under the leadership of the Party, implementing class alliance in building and perfecting the socialist rule of law state..

Third,Our Party affirms that “Building and perfecting a socialist rule-of-law state is the central task of renewing the political system” [147, p.54]. Renewing the political system includes the task of renewing, enhancing the role and effectiveness of State management activities because the State is the center of the political system.

4.2. Some solutions contributing to building a socialist rule-of-law state of Vietnam according to Ho Chi Minh's thought

4.2.1. Some requirements

First, ensure the implementation of democratic principles and the rule of law in all aspects of social life.

Second, building a socialist rule-of-law state needs to be built synchronously and comprehensively across all agencies in the state apparatus in the direction of streamlining and effective operation.

Third, perfect the mechanism to protect the Constitution and the law.

4.2.2. Some main solutions

- Building and perfecting the socialist legal system

- Building an honest, effective and efficient government apparatus

-Promoting democracy in building and perfecting the socialist rule of law state

- Strengthen education on legal awareness and revolutionary ethics

Chapter 4 Summary

The solutions in building and perfecting the rule of law state are proposed by us based on the Party's orientation on the rule of law state and Ho Chi Minh's thought on the rule of law state. The groups of solutions focus on the following basic issues:

Firstly, focus on promoting democracy in society. This group of solutions focuses mainly on issues such as: enhancing the role, positivity and proactiveness of the people in implementing democracy; expanding forms of democracy and building a civil, equal and progressive society.

Second, building and perfecting the state apparatus. Regarding the perfection of the state apparatus, we focus on three basic issues that need to be innovated to achieve perfection: the unification of state power, the division of labor between state power agencies, and the coordination between state power agencies.

Third, innovate and improve the quality of the state cadres and civil servants. In this regard, the proposed solutions need to pay attention to the use of cadres, the selection of cadres and the training and development of cadres. These stages are very important in creating a cadre team that meets the requirements of the revolutionary cause in the renovation period and determines the success of the cause of building and perfecting the current rule of law state.

Fourth, perfecting the legal system, raising awareness of law compliance and strengthening revolutionary ethics education. Perfecting the legal system, raising people's awareness of law and improving ethics in society are solutions that are both current and have future and long-term value in building and perfecting the current rule of law state.

CONCLUDE

Initial studies on building a socialist rule of law state in Vietnam today based on Ho Chi Minh's thought show that:

Ho Chi Minh's thought on the rule of law state is one of the important contents in Ho Chi Minh's ideology system. Ho Chi Minh's thought on the rule of law state was formed and developed on the basis of national values ​​and the quintessence of human culture, the foundation of which is the Marxist-Leninist concept of the democratic state. Ho Chi Minh's thought on the rule of law state was formed and developed very early and that process was closely linked to his revolutionary activities. In the constitutional and legislative cause of Vietnam, Ho Chi Minh played a very important role in directly building two Constitutions, the 1946 Constitution and the 1959 Constitution. Ho Chi Minh's ideology system is very valuable. The fundamental values ​​are drawn from the suitability and correctness of Ho Chi Minh's viewpoint on the basic characteristics of a rule-of-law state, and up to now his thoughts have always been affirmed as guidelines for the cause of building and perfecting a socialist rule-of-law state in Vietnam.

Second, assessing the current state of the rule of law in Vietnam based on Ho Chi Minh's views on the fundamental characteristics of the rule of law in Vietnam, we can see significant achievements but also many shortcomings. The achievements in the cause of building a rule of law state in Vietnam are basically the results of the process of building a democratic state and implementing the renovation process. Those achievements focus mainly on establishing a democratic regime; legislative and constitutional results with the birth and promulgation of democratic constitutions and legal systems to protect the state, protect the people and achievements in organizing and creating an operating mechanism of the state apparatus with the principle that state power is unified, divided, coordinated and controlled by each other. Of course, in each area of ​​building a rule of law state, besides the achieved results, there are still many limitations. This is the goal that needs to be overcome when proposing solutions to build and perfect the current socialist rule of law state in Vietnam.

Third, the proposed solutions for building and perfecting the current Vietnamese socialist rule-of-law state are based on the Party's orientation expressed in the Party's political documents on the theoretical foundation of Ho Chi Minh's thought in general and Ho Chi Minh's thought on the rule-of-law state in particular. These solutions basically focus on issues that we have not yet implemented or have implemented but have not achieved results. The identification of solutions demonstrates that the building and perfecting of the rule-of-law state also needs to be carried out comprehensively throughout the entire political system. The proposed solutions also need to be comprehensive in all aspects and fields of society. These solutions all play an important role in perfecting the rule-of-law state. The author of the thesis believes that among those solutions, the solution focusing on innovation and improvement of the organization and operating mechanism of the state apparatus in a rule-of-law state is the most important solution because, after all, state agencies are the intellectual brains, representing the will and aspirations of the people. Therefore, organizing and building an apparatus with active and effective state agencies is an important condition to promote the successful construction of a socialist rule-of-law state.

The research process shows that the orientation and proposed solutions for building and perfecting the rule of law state by Vietnamese researchers are based on the viewpoints of the Communist Party of Vietnam and Ho Chi Minh's thought. The values ​​of Ho Chi Minh's thought on the rule of law state are very important and continuing to research on those contents, how to thoroughly apply them to the cause of innovation in Vietnam is still an issue that attracts many researchers. This contributes to affirming the value of Ho Chi Minh's thought as the ideological foundation and compass for the cause of the Vietnamese revolution in all eras.