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| Citizens submit their opinions on the draft Resolution revising a number of articles of the 2013 via the VNeID application__Photo: VNA |
The Government has recently compiled a consolidated report on nationwide public feedback regarding the draft Resolution revising a number of articles of the 2013 Constitution. To provide further insight into the key contents and outcomes of this consultation process, the National Law Portal conducted an in-depth interview with Minister of Justice Nguyen Hai Ninh, whose ministry was tasked with compiling and analyzing the collected opinions. The discussion highlights major areas of amendment, including the reorganization of local administration, transitional provisions, and modern approaches to constitutional drafting.
Could you please inform us how many comments the Government has collected from the public over the one-month period of soliciting feedback on the draft Resolution amending and supplementing a number of articles of the 2013 Constitution?
Based on consolidated reports from ministries, agencies, and localities, as of June 5, 2025, the Government had received over 280 million comments from organizations and individuals on the contents of the draft Resolution. Notably, more than 20 million citizens submitted their opinions via the VNeID application. Among the proposed amendments, the revision of Article 9 of the 2013 Constitution regarding the Vietnam Fatherland Front and its member organizations attracted the most attention and feedback.
On average, the rate of approval for the draft’s contents reached 99.75 percent. This demonstrates that the proposed amendments to the 2013 Constitution truly reflect the will of both the Party and the people, and highlight the strong consensus and unity across all levels and sectors of society.
During the public consultation process, it is noted that many opinions focused on the provisions concerning the organization of administrative units and local administration. Could you share the summarized feedback on this matter, and which option the Government has agreed upon?
The Government agrees with the proposed amendment to Article 110 of the Constitution as set out in the draft Resolution, which aims to institutionalize the Party’s policy on streamlining the organizational structure of the political system in line with Resolution 60-NQ/TW of the 11th Plenum of the 13th Party Central Committee.
By stipulating a general provision rather than listing specific administrative units, the amendment allows for greater flexibility in cases of necessity to adjust the administrative models to suit practical realities and evolving requirements without requiring a constitutional amendment.
Under this approach, the National Assembly may decide to adjust the organization of administrative units through laws or resolutions in a flexible manner, adapted to the circumstances of each period.
However, the Government proposes retaining Clause 2 of Article 110 of the 2013 Constitution, which states that “the establishment, dissolution, consolidation, separation or adjustment of the boundaries of an administrative unit must be consulted with local people and must comply with the process and procedures prescribed by law.” This is to ensure the people’s right to self-determination and create a foundation for people to discuss important matters directly affecting them in a public and democratic manner.
In addition, the Government recommends maintaining the provision on the right of People’s Council deputies to question the Chairperson and other members of the People’s Committee, the Chief Justice of the People’s Court, the Procurator of the People’s Procuracy, and heads of agencies under the People’s Committee, thus serving as a basis for further elaboration in the Law on the Organization of Local Administration and other relevant laws.
Additionally, the Government supports including a special provision on the organization of local administration in special administrative-economic units in the draft revised Law on the Organization of Local Administration as follows: “In a special administrative-economic unit where it is impossible to organize the election of People’s Council deputies, the provincial-level People’s Committee shall specify the performance of tasks, exercise of powers, and organization and operations of the People’s Committees, People’s Committee Chairpersons and specialized agencies under the People’s Committee of the special administrative-economic unit; the provincial-level People’s Committee Chairperson shall appoint, relieve from duty, assign, reward, discipline, and dismiss Chairpersons, Deputy Chairpersons, and members of People’s Committees of the special administrative-economic unit.”
Regarding other issues, the Government agrees on the amendments to Articles 111, 112, and 114 of the 2013 Constitution that affirm that local administration consists of the People’s Council and People’s Committee, while removing the term “level of local administration.” This enhances consistency in the local administration structure and avoids confusion or differing interpretations of the local administration model. Some provisions are also being reviewed and adjusted to align with the post-restructuring configuration of the political system. However, the fundamental principles governing the organization and working regime of provincial- and commune-level People’s Councils and People’s Committees will remain largely unchanged.
Based on the feedback received, what is the Government’s opinion on the transitional provisions in the draft Resolution to ensure that agencies and organizations are not placed in a passive position during the implementation process?
Regarding the effective date and transitional provisions (Article 2 of the draft Resolution), the Government agrees to set July 1, 2025, as the effective date of the Resolution. This provides a constitutional foundation for implementing the Party’s policy outlined in Resolution 60-NQ/TW.
The Government agrees to include a provision formally declaring the termination of existing district-level administrative units nationwide. At the same time, it supports the transitional provision (Article 2.3) on the appointment of the holders of titles in the People’s Councils and People’s Committees, as well as Heads and Deputy Heads of National Assembly deputies' delegations. This serves as a legal basis for consolidating the apparatus of relevant agencies during the 2025 restructuring of provincial- and commune-level administrative units, and the People’s Councils and People’s Committees for the 2021-26 term, in the context of no longer having district-level administrative units. It also ensures the timely institutionalization of the Politburo’s Conclusion 150-KL/TW dated April 14, 2025, on personnel arrangements for provincial-level Party committees subject to merger or consolidation, and commune-level Party committees in newly established commune-level units.
Furthermore, the Government proposes an official declaration to mark the end of the current district-level administrative units nationwide as a way to acknowledge these units’ contributions to national development and defense.
Many comments also touched on constitutional drafting techniques. What is the Government’s view on this issue?
With regard to constitutional drafting techniques, the Government believes it is necessary to continue reviewing the draft Resolution to ensure that it both effectively institutionalizes the major guidelines and orientations of the Party and meets the demand for renewed thinking in legislative development. Accordingly, the Constitution and laws should focus on fundamental matters within the authority of the National Assembly, thus upholding the stability and long-term viability of the Constitution. Although the current amendment is not a comprehensive revision, it must still reflect a modern, scientific approach to constitutional drafting that aligns with the requirements of sustainable national development.
Through the process of synthesizing feedback from the public, ministries, sectors, and localities, we found that, in addition to the eight articles proposed for amendment in the draft Resolution, various agencies and localities also recommended that the Drafting Committee consider revising other provisions of the 2013 Constitution.
However, given the limited timeframe, the Government has agreed to focus this revision solely on provisions related to the two-tier local administration structure and the streamlining of the Vietnam Fatherland Front, socio-political organizations, and mass associations entrusted with tasks by the Party and the State, in order to implement the Party’s policies. Other proposed contents will require further in-depth study and may be considered for amendment at a more appropriate time.
What is your overall assessment of the results of the public consultation on the draft Resolution?
The public consultation was conducted in a serious, transparent, democratic, and scientific manner, on schedule and in accordance with Plan 05/KH-UBDTSDBSHP issued by the Drafting Committee, as well as the Government’s directives. The consultation process strictly followed the guidance of competent authorities, ensured the leadership of Party committees at all levels, emphasized the responsibility of heads of agencies, and fostered close coordination among relevant agencies and organizations.
A wide variety of consultation methods were employed. According to statistics, over 288,000 meetings, conferences, seminars, and forums were organized to disseminate information and collect feedback on the draft Resolution. Notably, as of May 29, 2025, data from the Ministry of Public Security showed that more than 20 million citizens had submitted their opinions via the VNeID application. This digital platform enabled citizens to contribute directly, swiftly, and effectively, ensuring both transparency and convenience, allowing people to participate in policymaking anytime and anywhere, while also reaffirming the Government’s commitment to digital transformation and the application of the national population database in many important national affairs.- (VLLF)
