Abstract of the doctoral dissertation by Nguyen Thi Thu Hang

VIETNAM NATIONAL UNIVERSITY OF HANOI

UNIVERSITY OF SOCIAL SCIENCES AND HUMANITIES

 

 

 

NGUYEN THI THU HANG

 

 

 

 

 

BUILDING A SOCIALIST RULE OF LAW STATE

VIETNAM ACCORDING TO HO CHI MINH'S IDEOLOGY

IN THE CURRENT PERIOD

 

 

DOCTORAL THESISHO CHI MINH STUDIES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HANOI – 2020

 

VIETNAM NATIONAL UNIVERSITY OF HANOI

UNIVERSITY OF SOCIAL SCIENCES AND HUMANITIES

 

 

 

NGUYEN THI THU HANG

 

 

 

 

 

BUILDING A SOCIALIST RULE OF LAW STATE

VIETNAM ACCORDING TO HO CHI MINH'S IDEOLOGY

IN THE CURRENT PERIOD

 

 

DOCTORAL THESISHO CHI MINH STUDIES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HANOI – 2020

 

 

INTRODUCTION

1. Calculateurgency oftopic

President Ho Chi Minh dedicated his entire life to fighting for independence, freedom, and happiness for the Vietnamese nation, the Vietnamese people, and the working people of the world. Furthermore, he left behind an invaluable treasure of theoretical knowledge; his thought, along with Marxism-Leninism, became the ideological foundation and guiding principle for the revolutionary actions of the entire Party and people, enabling the Vietnamese revolution to achieve one victory after another.

In this era of rapid technological development and increasingly deep and broad integration with the world, our country will achieve sustainable development, "standing shoulder to shoulder with the great powers of the five continents," as envisioned by President Ho Chi Minh, with a state that "must have the divine rule of law." This means building a socialist rule of law state with a democratic nature, legality, constitutionality, and a dedicated and committed workforce serving the people, etc., which are fundamental elements in Ho Chi Minh's ideology. His thought serves as a guiding light, directing the construction of a socialist rule of law state in Vietnam in the current period.

The rule of law is considered a progressive model of social organization and management in the history of human development, characterized by its emphasis on law as a tool to protect human rights, freedoms, and democracy. Of course, there cannot be a single model of the rule of law applicable to all nations, as each country has its own unique characteristics. From ancient times, some thinkers explored the relationship between the state and law through the perspectives of those in power. These early ideas were gradually supplemented into theories of the rule of law. With the development of human history, the concept of the rule of law has increasingly developed and spread widely.

Depending on their specific characteristics and unique features, different nations choose different forms of the rule of law to apply to the organization, management of society, and national development. This has resulted in forms of the rule of law that, while fundamentally similar in nature, are incredibly diverse and varied. Therefore, systematically studying the ideas of the rule of law, and subsequently proposing recommendations for building and perfecting the socialist rule of law in Vietnam to suit the specific conditions and circumstances of our country, is a particularly valuable scientific endeavor in the current situation.

Immediately after the Communist Party of Vietnam led the entire nation to seize power, the necessity of building a rule-of-law state had already formed in Ho Chi Minh's thought. President Ho Chi Minh and our Party quickly set about establishing and building a new democratic state – a rule-of-law state of the people, by the people, and for the people. Based on the viewpoint that "everything must have the divine power of the rule of law," Ho Chi Minh identified the fundamental characteristic of a Vietnamese rule-of-law state: that it must be legally and constitutionally organized, with the spirit of "the supremacy of law." This viewpoint is entirely consistent with the theory of the rule of law in the history of human thought, reflecting the nature of a state that values ​​law in society.

Today, the Party has identified the building and perfecting of a socialist rule of law state in Vietnam as a central and fundamental task in the reform of the political system. Implementing this task raises many issues, both theoretical and practical. Theoretically, the theory of the rule of law state still has many unclear aspects, especially in the new context and the new type of rule of law state; practically, many social issues remain, such as: the model and operating principles of the rule of law state, the mechanism of Party leadership, the relationship between the rule of law state and the market and society, etc., and even debates about whether or not Ho Chi Minh's thought on the rule of law exists within current theoretical research circles. Therefore, research on Ho Chi Minh's thought on the rule of law state to contribute to the systematization and theory of the rule of law state has yet to yield truly satisfactory explanations. In practice, the state apparatus still suffers from a situation where the civil servant workforce is both excessive and insufficient, and also weak; in particular, their understanding and grasp of the law is not high, leading to lax law enforcement. In society, violations of the law due to a lack of understanding are still quite common. The shortage of legal regulations to govern newly emerging social relations in the process of building and developing a socialist-oriented market economy is a prominent issue. These are also obstacles in the process of perfecting a state of the people, by the people, and for the people.

Given the demands of theoretical research and the limitations in the practical implementation of building a socialist rule of law state in our country today, a systematic study of Ho Chi Minh's thought on the rule of law, affirming its values ​​and applying them to the practical construction and improvement of the socialist rule of law state in Vietnam today, is absolutely essential.

For the reasons above, NCS has chosen the topic "Building the current socialist rule of law state in Vietnam according to Ho Chi Minh's ideology." for the topic of my thesis.

2. Research Objectives and Tasksbelong totopic

Research objectives

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

- Research on the current state of building a socialist rule of law state in Vietnam from the perspective and nature of the rule of law state as envisioned by Ho Chi Minh.

- Based on the theoretical and practical issues raised, the thesis proposes fundamental solutions to contribute to the continued building and improvement of the socialist rule of law state in Vietnam today, in accordance with Ho Chi Minh's ideology of the rule of law.

Research task

- An overview of the research related to the topic to identify issues that the dissertation needs to further research and clarify.

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

- Analyze the current state of building a rule of law state in Vietnam, highlighting both the achievements and limitations of the current Vietnamese rule of law state according to Ho Chi Minh's ideology.

- Propose some fundamental solutions, both in terms of understanding and practice, to contribute to the improvement of state building in accordance with Ho Chi Minh's ideology.

3. Research Subjects and Scopebelong totopic

- Research subjects:

Firstly, Ho Chi Minh's thought on the rule of law and its values.

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

- Scope of research:

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

+ The current state of the rule of law in Vietnam, according to Ho Chi Minh's ideology, is reflected in the summation of practical experience, in reports, in the Constitutions, and in the documents of the congresses of the Communist Party of Vietnam.

4. Theoretical basis and research methods

- Theoretical basis:

The thesis is based on:

+ The Marxist-Leninist system of views and theories on the state and the methods of organizing the state apparatus.

+ Perspectives on the rule of law in the history of world thought.

+ The views and policies of the Communist Party of Vietnam on building and perfecting the socialist rule of law state of Vietnam.

- Research methodology:

Based on the methodology of Marxism-Leninism: dialectical materialism and historical materialism, the dissertation also employs several specialized and interdisciplinary methods of the social sciences and humanities in each chapter to address the tasks set forth in the dissertation.

In the chapter "Overview of the Research Situation," the author primarily uses the synthesis and systematization methods to summarize and synthesize the results obtained from research works related to the topic: "Building a Socialist Rule of Law State in Vietnam Today According to Ho Chi Minh Thought."

Chapter 2, in addressing the content of this chapter, aims to build a basic theoretical framework on the rule of law and, in particular, Ho Chi Minh's thought on the rule of law. The author employs various methods to clarify the research problem. Specifically, in constructing the conceptual framework, the author uses inductive and deductive methods. Regarding Ho Chi Minh's thought on the rule of law and its value to the current construction of a socialist rule of law state in Vietnam, the author primarily uses analytical, logical, and historical methods, combining both to systematize Ho Chi Minh's thought on the rule of law. To evaluate the value of these ideas, the author mainly uses analytical and synthetic methods.

Chapter 3, aiming to assess the current state of the socialist rule of law in Vietnam based on Ho Chi Minh's ideology of the rule of law, primarily employs analytical methods; synthetic methods are also used to highlight achievements and identify remaining problems in the construction of the socialist rule of law in Vietnam today.

Chapter 4, aiming to propose solutions for building a socialist rule of law state in Vietnam today according to Ho Chi Minh's ideology, primarily employs analytical and synthetic methods in its research.

5. Contributions ofdissertation

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

- Assessing the current state of building a rule-of-law state in Vietnam according to Ho Chi Minh's ideology, highlighting achievements and limitations, especially in building and perfecting the socialist rule-of-law state in Vietnam in the present period.

- Propose several solutions to contribute to building and perfecting the socialist rule of law state in Vietnam today, based on applying Ho Chi Minh's thought on the rule of law.

6. Theoretical and practical significance oftopic

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

- Practical significance: This dissertation can serve as a reference for research related to Ho Chi Minh's thought on the rule of law and the construction of a socialist rule of law state in Vietnam. Furthermore, the results of this dissertation will contribute to the construction and improvement of the current socialist rule of law state in Vietnam by proposing reasonable solutions based on inheriting and applying Ho Chi Minh's thought on the rule of law.

7. Structure oftopic

Besides the introduction, conclusion, bibliography, and appendices, the thesis content consists of 4 chapters.

Chapter 1

OVERVIEW OF RESEARCH RELATED TO THE RULE OF LAW STATE

1. Research Status

1.1 Theoretical research works on the rule of law

Studies by domestic authors

Some notable research works include:Learn about the rule of law.(1992)Textbook on the rule of law(2015) by author Dao Tri Uc;Humane rule of law(2005) by Vu Dinh Hoe;Contributing to the study of the Constitution and the rule of law.(2006) by Bui Ngoc Son;Limitation of state power(2000),Ho Chi Minh's thought on the rule of law(2007)The Vietnamese National Assembly in a State governed by the rule of law (2007),Vietnamese courts in the context of building a rule of law state.2012) are research works by author Nguyen Dang Dung;Some issues concerning the division, coordination, and control of power in the construction of a socialist rule of law state in Vietnam.(2011) by author Tran Ngoc Duong;The socialist rule of law state of the people, by the people, and for the people - theory and practice.(2010) by authors Nguyen Duy Quy and Nguyen Tat Vien;The 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;The state apparatus and state apparatus organization of the Socialist Republic of Vietnam(2015) by Nguyen Minh Doan (2015).

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

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

- The theoretical and practical research problem of the rule of law has been chosen by many people for research and dissertations, specifically: Nguyen Thu An (2017),Ho Chi Minh's thought on the rule of law – fundamental viewpoints and inherited values ​​in building the rule of law state in Vietnam today.; Vu Duy Tu (2017),The theory of separation of powers: A valuable reference in building and perfecting the current rule-of-law state apparatus in Vietnam.; Hoang Thi Hanh (2013),Building a socialist rule of law state in Vietnam during the period of accelerated industrialization and modernization.; Nguyen Van Nam (2012),The relationship between law and ethics in the context of building a rule-of-law state in Vietnam today.; 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),The Marxist-Leninist perspective on the state and its role in building 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),Innovating the Party's leadership in the context of building a rule-of-law state in Vietnam (Relating to the practical experience of Hanoi city);

Studies by foreign authors are demonstrated throughThere are quite a few works written collectively about the rule of law, such as:Spirit of the law (De L'Esprit des lois)by the French Enlightenment philosopher Montesquieu;Discussing the social contractby Jean Jacques Rousseau, translated by Hoang Thanh Dam (2013);Promoting educationby Fukuzawa Yukichi; Joseph Thesing with his bookRule of Law – The Governance System of the Federal Republic of Germany;The Rule of Law – A Lexicon for Policy Makersby author Barry M. Hager (1999); David Held (2013) with the bookModern models of state administration; Raz (1979) in the workLiberty and the rule of law;John Keane (1988)Democracy and Civil Society(Democracy and civil society), etc.

1.2Research studies on the practical aspects of building a rule of law state in Vietnam. 

WorkBuilding a rule of law state in Vietnam – some theoretical and practical issues.by author Nguyen Van Nien (1996);Building a rule of law state of the people, by the people, and for the people.by 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 Construction 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 during the đổi mới (renovation) period.; Tran Ngoc Duong, Nong Duc Manh (2008) with the bookThe organizational model and operational direction of the National Assembly and the Government in the socialist rule of law state of Vietnam.; Military Institute of Social Sciences and Humanities (2016) published the workBuilding and perfecting the socialist rule of law state of Vietnam in the documents of the 12th Party Congress.; Dinh The Huynh, Luu Bao Ky, Tran Ngoc Duong (2015) with the workBuilding a socialist rule of law state: the experience of Vietnam and the experience of China.; Le Mau Han (2006) has two important works:History of the Vietnamese National Assembly 1946 - 1960andHistory of the Vietnamese Government 1945 – 1954; Le Minh Quan (2003) withBuilding a rule of law state to meet the requirements of national development under the socialist orientation 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 rule of law in Vietnam: of the people, by the people, and for the people – theory and practice.; Ministry of Justice – Institute of Legal Sciences (1993),Studying Ho Chi Minh's thought on the State and law; Pham Van Duc (2015),Practicing democracy in the context of building a rule-of-law state and developing a socialist-oriented market economy., etc.

Besides the aforementioned research works, many other authors have also shown interest through scientific publications, such as Ta Ngoc Tan (2015) with his 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 context of building a rule-of-law state and developing a socialist-oriented market economy., etc.;

1.2.Achievements and challenges that need to be addressed.

1.2.1Achievements

The research findings from these studies can be summarized as follows:

In terms of documentationAlthough conducted at different levels of research, these works have made significant contributions to clarifying issues such as: the historical conception of the rule of law; the contents related to Ho Chi Minh's thought on the rule of law; the Party's perspective and understanding of the rule of law; and an assessment of the current state of building the socialist rule of law in Vietnam at certain stages, thereby proposing some directions and solutions for building the rule of law in Vietnam.

In terms of methodology, cResearch studies in various fields and aspects of both theory and practice regarding the construction of a rule of law state have revealed different approaches to the rule of law, such as philosophy, law, history, politics, etc. This shows that research on the rule of law requires a holistic and multi-dimensional perspective to evaluate and propose more comprehensive solutions.

In terms of perception, lThe history of research and studies on the rule of law reveals the following cognitive implications: research on the rule of law and Ho Chi Minh's thought on the rule of law is a matter of great interest to many researchers both domestically and internationally.

1.2.2. Issues to be addressed in the dissertation

The survey shows that research on the socialist rule of law in Vietnam today remains a topic that needs further study, as stated in the dissertation:

The firstThis continues the systematization of Ho Chi Minh's thought on the rule of law, including: its basic contents; defining its characteristics; and pointing out its values ​​for the construction of the socialist rule of law state in Vietnam today.

MondayBased on the ideas and values ​​of Ho Chi Minh's thought on the rule of law, this dissertation analyzes the current state of building a socialist rule of law state in Vietnam, pointing out both the advantages and limitations of the current situation.

TuesdayBased on the assessed current situation, the thesis proposes fundamental solutions to contribute to the building and perfecting of the socialist rule of law state in Vietnam today, in accordance with Ho Chi Minh's ideology of the rule of law.

Chapter 1 Summary

From an overview of the research situation, it can be seen that the issue of the rule of law in general, and Ho Chi Minh's thought on the rule of law and the building of the rule of law in Vietnam in particular, is a topic that has attracted many researchers with a large volume and high quality of works. In the chapter on the overview of the research situation, the dissertation focuses on two basic issues: firstly, synthesizing, researching, and understanding relevant documents on the issue of the rule of law, focusing on two areas: the thought on the rule of law and Ho Chi Minh's thought on the rule of law, with the aim of summarizing the results of theoretical research on the rule of law. Secondly, summarizing documents on the building of the rule of law with the desire to understand the current situation as well as the application of the theory of the rule of law in the practice of building the rule of law in Vietnam. On that basis, it examines the achievements as well as the limitations in the practice of building the rule of law in Vietnam.

The overview of the research situation has identified the characteristics of the research problem as well as a body of materials directly related to the research problem in the thesis. Based on identifying the achievements and limitations of previous research, the thesis will identify the issues that need further research and clarification. The final section sets out the issues that the thesis needs to continue researching, which is consistent 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. The rule of law

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

In Vietnam, some authors also offer concepts of the rule of law state, such as: In the Dictionary of Sociology by author Nguyen Khac Vien, it states: “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 governs by law... The rule of law state is built on the basis of civil society... law is the measure of freedom” [144, p.135]. Author Dao Tri Uc states: “The rule of law state is a model of state built on the foundation of democracy and the organization of power according to the principle of separation of powers. In that state, constitutionalism is emphasized, 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 citizens' 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 thought on the rule of law

Ho Chi Minh addressed the idea of ​​the fundamental nature of the rule of law state very early on in his thinking 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 decrees, and included the view: "everything must have the divine power of the rule of law" [76, p. 438]. With the results in both theory and practice, it can be affirmedHo Chi Minh's ideology of the rule of lawis the idea of ​​aA state of the people, by the people, and for the people; a constitutional and legitimate state that operates and governs society according to law and is led by the Communist Party.

2.1.3. The socialist rule of law; the socialist rule of law in Vietnam

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

Throughout the Party Congresses, the Party's ideology on the rule of law has made certain advancements. Currently, the concept of "rule of law" combined with the concept of "the Socialist State of Vietnam" forms the concept of "the Socialist Rule of Law State of Vietnam," and the basic characteristics of the Socialist Rule of Law State of Vietnam can be summarized as follows:

First,The socialist rule of law state of Vietnam is a state of the people, by the people, and for the people; all state power belongs to the people.

Secondly,In Vietnam's rule-of-law state, state power is unified but there is a division of labor and coordination among state agencies in exercising the three powers: legislative, executive, and judicial.

Third isThe socialist rule of law in Vietnam recognizes the supreme position of the Constitution and laws in social life; the organization and operation of the State are carried out on the basis of the Constitution and laws. The legal system is built on the will and aspirations of the people and plays a role in regulating all relationships in all areas of social life.

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

The year isThe socialist rule of law state of Vietnam ensures the strict and good-faith implementation of international commitments on the basis of strict adherence to the United Nations Charter and international treaties to which Vietnam is a party.

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

2.1.4. Building the socialist rule of law state of Vietnam; Building the socialist rule of law state of Vietnam according to Ho Chi Minh's ideology.

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

- Building a socialist rule of law state in Vietnam according to Ho Chi Minh's ideology:Based on defining the content 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 follows:Applying the values ​​of Ho Chi Minh's thought on the rule of law to the construction of a rule of law state in Vietnam today, with the content of building a socialist rule of law state as mentioned above, the points of compatibility and similarity in the values ​​of Ho Chi Minh's thought on the rule of law state with the current socialist rule of law state of Vietnam are identified, determined, and applied to build, which is the goal of building a socialist rule of law state in Vietnam today.

2.2. The ideological content of Ho Chi Minh's thought on the rule of law.

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

According to Ho Chi Minh, a people's democratic rule of law state must be a state that manages society through a democratic legal system. The spirit of "the supremacy of law" is one of the fundamental characteristics of a rule of law state according to Ho Chi Minh's thought. The reason a rule of law state emphasizes the supremacy of law is because, in essence, law is the legal basis for ensuring fairness, democracy, and social progress. Law is considered a mirror reflecting the nature of the state. On the other hand, the state uses law as a tool to manage society, bringing society onto the path of order and stability. In a rule of law state, law is the "midwife of democracy," and all democratic rights of the people must be institutionalized through the constitution and laws. There is no democracy outside of law, and law is an essential condition for guaranteeing the freedoms of the people. A dialectical relationship exists between law and democracy. Democracy is the foundation of the rule of law, the rule of law is the means to practice democracy, and it is 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 were considered the foundation and goal of his revolutionary cause. Ho Chi Minh's sole desire was...He affirmed: "If the country is independent but the people are not free, then independence is meaningless" [78, p.152]; "We have won freedom and independence, but if the people are still starving and freezing, then freedom and independence are useless. The people only know the value of freedom and independence when they are well-fed and well-clothed."”[78, p.152]. Therefore, Ho Chi Minh's revolutionary career was to find a way to save the country and the people, or in other words, to find a way to reclaim the rights of the Vietnamese people from the yoke of imperialism and feudalism. In Ho Chi Minh's thought, human rights, broadly speaking, are national rights and are affirmed and recognized 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, and the people have the right to control state power. Through electoral activities, the people participate in creating the institutions of the state apparatus. After the state apparatus is established, it must operate and be accountable to the people, and be subject to the people's control.

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

The idea of ​​combining "moral governance" and "legal governance" is one of the distinctive contents in Ho Chi Minh's rule-of-law state. Ho Chi Minh explained the dialectical relationship between morality and law in a rule-of-law state: "Morality and law are one. This oneness does not always remain unchanged. But no matter how it changes, along with the changes of all things... its origin remains the same. That is the humanistic nature of morality and law" [58, pp. 327-388].

In his conception of the relationship between ethics and law, Ho Chi Minh did not absolutize the role of either element in society. Instead, he pointed out the role of each element as well as the combination of these two factors in a rule-of-law state. Law plays a role in establishing and ensuring social order, but it is crucial that the law guarantees the ethical values ​​of that society, namely fairness and equality. Therefore, law must be built and exist on a foundation of ethics. In a democratic rule-of-law state, law cannot contradict the ethical values ​​and norms of society.

2.2.4. State power is unified and there is a division of labor among state agencies.

Ho Chi Minh essentially inherited the values ​​of the principle of separation of powers in Western rule-of-law states to put forward a creative perspective that was entirely suitable to the nature of Vietnamese society: the idea of ​​power in the state. According to this, state power is unified but involves a division of labor and coordination among state agencies in the exercise of legislative, executive, and judicial powers.

In terms of fundamental principles in the organization of the state apparatus, Ho Chi Minh acknowledged the principle of unified state power, with all power concentrated in the National Assembly – the highest representative body elected by the people. The system of other organs within the state apparatus is formed and operates under the authorization of the National Assembly. Both the executive and judicial branches of state are formed and operate under the authorization of the National Assembly; all state activities established by the National Assembly are considered to be arising from the process. 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 for the Construction of a Socialist Rule of Law State in Vietnam in the Current Period

2.3.1. Accurately identify the position and role of law in a rule-of-law state and present a perspective on a progressive legal system.

From a very early age, Ho Chi Minh recognized and appreciated the role of law in the state. His ideas on legal matters and law are particularly valuable for building a rule-of-law state in Vietnam. Specifically, these core values ​​are reflected in his 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 through a democratic legal system, because a rule-of-law state must be thoroughly and comprehensively democratic. Furthermore, that state must be a legitimate and constitutional state, possessing a democratic constitutional system. This idea reflects the core essence of a democratic rule-of-law state according to Ho Chi Minh's thought, and it became a principle in his state management throughout his years as the founder of the new democratic state and head of state.

2.3.2. Building a state that guarantees human rights

In both thought and practice in building the state, Ho Chi Minh paid special attention to defining the rights of the people, which was stipulated in the 1946 Constitution. According to Ho Chi Minh: “In a rule-of-law state, the state must act for the purpose of protecting the rights of the people. To do so, human rights must be defined in the Constitution as a limit on state power. The state can only do what the law permits, while conversely, the people can do what the law does not prohibit” [22, p.142]. Basically, Ho Chi Minh's thought on human rights in a rule-of-law state is very significant for the construction and improvement of the socialist rule-of-law state of Vietnam, as shown in the following points: the people have the right to elect their representatives to participate in the state apparatus. This right demonstrates the people's role in building the state. Here, the people are playing the role of the subjects of state power, and the people have the right to supervise the activities and dismiss the representatives they elected if they act 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 shining value in Ho Chi Minh's thought on the rule of law. However, what is special is that Ho Chi Minh did not absolutize the role of law; his thought on governing the country was a harmonious combination of "humanistic governance, moral governance" and "legal governance." The unity between virtue and law in Ho Chi Minh's thought is also reflected in his handling of illegal acts. All ethics and laws guide people towards true, good, and beautiful values. Ho Chi Minh's perspective on "reason and emotion" shows that his viewpoint combines objectivity, fairness, and transparency with tolerance and magnanimity, without any cover-up. It is this uniqueness that has created a very typical value in the history of legislation and constitutionalism of our state; to this day, in the cause of building a socialist rule of law state in Vietnam, it still retains its value and carries profound theoretical and practical significance.

2.3.4. Regarding the establishment of appropriate principles for organizing power within the state apparatus.

Ho Chi Minh's view on the division of state power is not an ideology of decentralization, but rather a system of division, coordination, and mutual control among the organs of the state apparatus. Essentially, the idea of ​​power organization in a rule-of-law state is expressed as follows: all power in the state belongs to the people; the highest power organ in the state is elected by the people through general elections with universal suffrage; and state power in a rule-of-law state must be divided and controlled.

According to Ho Chi Minh's thought, the separation of powers within the state apparatus does not mean that these institutions operate independently or separately. This concept shows that they are merely different functional branches within the state apparatus, a simple technical division based on the principle that all state power is concentrated in the hands of the people, as stipulated in the Constitution. It is not a rigid division, but rather one that clearly defines the rights and responsibilities of the state apparatus's organs. The value of Ho Chi Minh's thought on the separation of powers is also evident in the fact that these organs of power, although divided in function and responsibility, always cooperate and self-check each other to avoid overlapping powers, abuse of power, and to ensure that the activities of public agencies in the state are all aimed at establishing and guaranteeing the people's right to self-governance. Ho Chi Minh's ideology on decentralization and the practical implementation of establishing the positions and responsibilities of agencies within the state apparatus ended the monopolistic, autocratic regime (the feudal regime before 1945) to usher in a new era in the history of state and national development: the era of democracy. At the same time, decentralization created a mechanism for specialization and professionalization of public agencies, contributing to improved efficiency of the state apparatus.

Chapter 2 Summary

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

Firstly, it introduces concepts related to the research problem, specifically concepts related to the construction of a socialist rule of law state in Vietnam according to Ho Chi Minh's ideology.

Secondly, the thesis systematically summarizes Ho Chi Minh's thought on the rule of law. With the system of viewpoints and theories on the characteristics of the state according to Ho Chi Minh's thought presented and analyzed in this thesis, we can definitively affirm the existence of Ho Chi Minh's thought on the rule of law. This contributes to systematizing Ho Chi Minh's thought on the rule of law and answers the remaining questions in current research regarding whether or not Ho Chi Minh's thought on the rule of law exists.

Thirdly, the thesis has highlighted the core values ​​of that ideological system in relation to the construction of the Vietnamese rule of law state. Essentially, these values ​​are derived from Ho Chi Minh's theory of the rule of law, which he selectively inherited and developed to suit the practical conditions of the Vietnamese revolution. These values ​​are considered as principled guidelines in the practical construction and improvement of the 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 construction of a rule-of-law state in Vietnam according to Ho Chi Minh's ideology

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

When evaluating the achievements in each area of ​​building a rule of law state in the current period, the Party's recognition and affirmation of the necessity of building a rule of law state in Vietnam is also considered one of the achievements in the Party's leadership thinking innovation. This innovation in the Party's leadership thinking regarding the rule of law state is of decisive importance to the current process of building and perfecting the rule of law state in Vietnam.

Throughout the process of formation and development leading to the perfection of the Party's viewpoint on the rule of law, especially from the 7th Party Congress to the present, the Party's understanding of the rule of law has undergone remarkable development. From introducing the concept and terminology related to the rule of law to officially using the concept of the rule of law in Party documents, the Party has now defined and systematized the principles, content, and tasks in building a socialist rule of law state in Vietnam. It has even made decisions on reforms within the state apparatus to promote and significantly contribute to the construction of the current rule of law state. The basic characteristics of the rule of law in the Party's conception show that the Party has inherited humanistic thought, and especially Ho Chi Minh's thought, on the rule of law.

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, which has led to significant achievements in the construction and improvement of our country's rule of law state, is the building of a democratic state – a state of the people, by the people, and for the people. The practical results achieved in building a democratic state are manifested through the people's comprehensive right to self-governance in all areas of social life and through the constitutional and legal system that stipulates human rights, as well as through the operational mechanisms of the state apparatus aimed at 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 expressed in all areas of social life – comprehensive democracy. Specifically, the people have democratic rights in all areas of social life, such as democracy in the political, economic, and socio-cultural spheres.

3.1.3. Building and perfecting the constitutional and legal system, while promoting revolutionary moral education.

In a rule-of-law state, the construction and improvement of the constitutional and legal system is a fundamental requirement, something that Ho Chi Minh particularly emphasized when formulating his views on building a rule-of-law state. However, alongside valuing the law, Ho Chi Minh also simultaneously promoted revolutionary moral education. Stemming from the requirements of implementing democracy in society, the higher the level of democracy, the stricter the rule of law; and the stricter the rule of law, the easier it is to implement democracy. Therefore, the Vietnamese rule-of-law state, in its construction process, on the one hand, upholds the principle of "supremacy of law," and on the other hand, promotes the enhancement of revolutionary morality throughout society.

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

In the current construction of Vietnam's socialist rule of law state, alongside applying Ho Chi Minh's thought on democracy and upholding the constitution and laws, the building and creation of a state apparatus with appropriate organization and operation is one of the important achievements in building a rule of law state according to Ho Chi Minh's thought. It is noteworthy that the rule of law state in Vietnam operates with a division of power among state agencies, but with mutual checks and balances, and all power belongs to the people. This is one of the unique and prominent characteristics that reflects the socialist democratic nature of Vietnam's rule of law state.

3.1.5. Building a team of state officials and civil servants that meets the requirements of building a socialist rule of law state in Vietnam.

Throughout the process of building the state, the Party and the State have always paid attention to and prioritized personnel work. The Ordinance on Civil Servants, promulgated in 1998 (amended and supplemented in 2003), created an important legal basis for building a team of state officials and civil servants. Based on that, the National Assembly elevated that ordinance to the Law on Civil Servants and promulgated the Law on Public Employees. The legal provisions clearly stipulate the participation of civil servants in different work areas and different work groups, and also clearly define what civil servants are prohibited from doing.

With the policy of strengthening education and improving quality, the contingent of civil servants has matured significantly, become standardized, and made many contributions to bring about certain results in the national administration, gradually overcoming bureaucracy, subsidies, and negative aspects in the state's executive activities. In particular, the Party has devoted a large part of its intellectual resources to personnel work and personnel development at all levels. In a state governed by the rule of law, building a contingent of civil servants with sufficient competence and moral character is not enough. Given the nature of a state where "everything must be governed by the rule of law," requiring state civil servants, especially those in the judicial sector, to "serve the public and uphold the law, with impartiality and selflessness" is a crucial 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

Firstly, there are limitations in understanding democracy and building a socialist democracy.

Secondly, regarding the practice of democracy, the state's responsibility to the people in implementing democracy is sometimes not truly thorough and responsible, and in some places, it is even irresponsible and lax, leading to public discontent.

The issues that need to be addressed.

Firstly, the operational mechanism of the political system of "party leadership, state management, and people's ownership" needs to be clarified further, both in theory and practice.

Secondly, regarding society's perception of democracy, this includes the perception of the people and the perception of party members and officials within the state.

Thirdly, regarding the methods of practicing democracy, by introducing methods suitable for different groups of people with varying levels of education, living environments, and regional psychological characteristics, we aim for more thorough and effective democratic practice among the people, avoiding formality, superficiality, and vagueness.

Fourthly, there is the issue facing information and communication work.

3.2.2. Issues related to the organization, operation, and coordination among state power organs.

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 among the power organs within the state apparatus are among the current challenges. These limitations are concentrated in points such as: the state apparatus remains cumbersome and its operational efficiency is low; state power organs have not fully utilized their effectiveness, responsibilities, and roles; the current decentralization and delegation of power between the central and local levels still presents many problems, as evidenced by the limited number of legal documents regulating decentralization and delegation of power, which are mostly limited to principles; the continued concentration of power in central agencies; and the almost identical organizational models of local governments at all levels, despite significant differences in conditions, infrastructure, and geographical factors across localities.

The issues raised

Regarding the organization, operation, and relationships between agencies within the state apparatus, the issue is the construction and improvement of the socialist rule of law state apparatus in Vietnam, focusing on reforming the operation of the state apparatus, particularly the activities of state power organs such as the National Assembly, the Government, and the Supreme People's Court and Procuracy.

3.2.3. Issues related to lawmaking and enforcement

Some limitations

Overall, the legal system is still not synchronized and complete, lacking in quality and effectiveness, and not truly aligned with social realities. Many legal provisions are still macro-level in nature; therefore, their application in social practice requires a system of subordinate legal documents.

In the process of drafting and enacting laws and ordinances, the feasibility and effectiveness of legislation in our country remain low; the progress of drafting laws and ordinances is still slow, and the legal system does not yet cover all aspects of social life, thus failing to regulate all social relationships.

Regarding law enforcement: one of the major limitations is that the awareness of the law among the majority of the population and their sense of law enforcement are not yet high.

The problem

The most fundamental issue facing the law in Vietnam's socialist rule of law state today is to enhance the enforceability of laws in state and social management. Achieving this requires focusing on both lawmaking and law enforcement.

Summary of Chapter 3

Based on that, the Vietnamese rule of law state is built and developed according to the fundamental characteristics of a rule of law state as envisioned by Ho Chi Minh. An assessment of the current situation reveals two basic aspects: achievements and remaining limitations. Essentially, the achievements in building a rule of law state in our country are concentrated in the following main points:

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

- Building a democratic state in all aspects of society such as economics, politics, culture, and society, emphasizing the right of people to be masters of their own destiny as the "supreme" right, the foundation of a democratic state governed by the rule of law.

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

- Building a state apparatus with a rational separation of powers among state power organs is demonstrated by the fact that the state apparatus is organized in a way that involves division of labor but with mutual control and coordination in operations.

- To build a team of state officials and civil servants that fundamentally meets the requirements of a socialist rule of law state, especially a team of judicial officials who are not only professionally competent and possess full revolutionary ethics, but also have the spirit of "serving the public and upholding the law".

Besides the achievements made, the current process of building and perfecting the socialist rule of law in Vietnam still presents many challenges. These are the limitations and weaknesses that we have yet to overcome in state building. These limitations mainly focus on: the low quality of the civil servant workforce, leading to the ineffective operation of state agencies; democracy in society is often merely formal in many places and at times, the implementation of democracy is not thorough, and sometimes there is too much emphasis on achievements while the people's understanding and knowledge of democracy are still very limited. Furthermore, the legal system has not yet fully encompassed all aspects and fields of social life; the process of lawmaking lacks social critique; law enforcement in some areas is lax; and the public's understanding of the law, including that of some state officials, is very limited, leading to violations of the law and even causing extremely serious consequences in society. By identifying these limitations, the thesis identifies the issues that need to be addressed and considers them as the basis for proposing solutions to overcome the limitations in the current rule of law state, aiming towards perfecting the socialist rule of law state of Vietnam.

Chapter 4

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

4.1. Fundamental orientations of the Party in building the socialist rule of law state in Vietnam today.

First,In light of Ho Chi Minh's thought on the rule of law, the Party continues to provide direct, absolute, and comprehensive leadership in the task of building and perfecting the socialist rule of law state of Vietnam.

SecondUnder the leadership of the Party, the class alliance is implemented in building and perfecting the socialist rule of law state..

Third,Our Party affirms that "Building and perfecting the socialist rule of law state is the central task of reforming the political system" [147, p.54]. Reforming the political system includes the task of reforming and improving the role and effectiveness of the State's 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 in Vietnam according to Ho Chi Minh's ideology.

4.2.1. Some requirements

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

Secondly, building a socialist rule of law state requires a synchronized and comprehensive approach across all state apparatus agencies, aiming for a streamlined and efficient operation.

Thirdly, perfect the mechanisms for protecting the Constitution and the law.

4.2.2. Some key solutions

- Building and perfecting the socialist legal system.

- Building an honest, effective, and efficient government apparatus.

ButPromoting democracy in building and perfecting the socialist rule of law state.

- Strengthening education on legal awareness and revolutionary ethics.

Summary of Chapter 4

The solutions we propose for building and perfecting the rule of law are based on the Party's orientation on the rule of law and Ho Chi Minh's thought on the rule of law. These solutions focus on the following fundamental issues:

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

Secondly, building and perfecting the state apparatus. Regarding the improvement of the state apparatus, we believe it should focus on three fundamental issues that require reform to achieve perfection: the unity of state power, the division of labor among state power organs, and the coordination among state power organs.

Thirdly, it is necessary to innovate and improve the quality of the state's cadre of officials and civil servants. Regarding this issue, the proposed solutions should focus on the utilization, selection, and training of cadres. These aspects are all crucial in creating a workforce that meets the requirements of the revolutionary cause during the reform period and are decisive for the success of building and perfecting the rule of law state today.

Fourth, perfecting the legal system, raising awareness of law compliance, and strengthening revolutionary moral education. Perfecting the legal system, raising legal awareness among the people, and enhancing morality in society are solutions that are both relevant in the present and valuable for the future, in the long term, in building and perfecting the rule of law state today.

CONCLUDE

Preliminary studies on the construction of the socialist rule of law state in Vietnam today, based on Ho Chi Minh's ideology, show that:

Ho Chi Minh's thought on the rule of law is one of the most important aspects of his overall ideological system. His ideas on the rule of law were formed and developed on the basis of national values ​​and the finest aspects of human culture, with the foundation being the Marxist-Leninist conception of a democratic state. Ho Chi Minh's thought on the rule of law began to develop very early on, and this process was closely linked to his revolutionary activities. In the constitutional and legislative work of Vietnam, Ho Chi Minh played a crucial role by directly drafting two constitutions: the 1946 Constitution and the 1959 Constitution. Ho Chi Minh's ideological system is of immense value. The fundamental values ​​derived from Ho Chi Minh's views on the basic characteristics of the rule of law state are still affirmed today as guiding principles for the construction and improvement of the socialist rule of law state in Vietnam.

Secondly, assessing the current state of Vietnam's rule of law based on Ho Chi Minh's views on the fundamental characteristics of the Vietnamese rule of law reveals significant achievements but also numerous challenges. The achievements in building Vietnam's rule of law are fundamentally the result of the process of building a democratic state and implementing reforms. These achievements are primarily concentrated in establishing a democratic regime; legislative and constitutional results with the promulgation of democratic constitutions; a legal system aimed at protecting the state and the people; and achievements in organizing and creating the operational mechanism of the state apparatus based on the principle of unified, divided, coordinated, and mutually controlling state power. Of course, in each area of ​​building the rule of law, alongside the achievements, there are still many limitations. This is precisely the issue that needs to be addressed when proposing solutions to build and perfect the socialist rule of law in Vietnam today.

Thirdly, the proposed solutions for building and perfecting the socialist rule of law in Vietnam today are based on the Party's orientation as expressed in its political documents, on the theoretical foundation of Ho Chi Minh Thought in general and Ho Chi Minh Thought on the rule of law in particular. These solutions basically focus on issues that we have not yet addressed or have addressed but without success. Identifying these solutions demonstrates that building and perfecting the rule of law also needs to be carried out comprehensively within the entire political system. The proposed solutions also need to be comprehensive across all aspects and fields of society. These solutions all play an important role in perfecting the rule of law. The author of the dissertation argues that among these solutions, the most important is focusing on innovation and improvement in the organization and operational mechanisms of the state apparatus in a rule-of-law state. Ultimately, state agencies are the intellectual brain and represent the will and aspirations of the people. Therefore, organizing and building a state apparatus with actively and effectively functioning agencies is a crucial condition for promoting 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 viewpoint of the Communist Party of Vietnam and Ho Chi Minh Thought. The values ​​of Ho Chi Minh Thought on the rule of law state are very important, and further research on these contents and how to apply them thoroughly to the cause of reform in Vietnam remains a topic attracting many researchers. This contributes to affirming the value of Ho Chi Minh Thought as the ideological foundation and guiding principle for the Vietnamese revolution in all eras.