Do Nhat Quang & Tran Thanh Ha
Hanoi Law University
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| On January 8, 1966, in Hanoi, President Ho Cho Minh leads the Vietnamese Workers’ Party Delegation in talks with the visiting Delegation of the Communist Party of the Soviet Union, headed by Alexander Nikolayevich Shelepin, Member of the Presidium and Secretary of the Party Central Committee__Photo: Van Luong/VNA |
In Vietnam’s constitutional history, which includes five constitutions, from the 1946 Constitution to the 2013 Constitution, the provisions on foreign policy have always played a pivotal role, contributing to orienting the State’s activities in establishing, maintaining and developing ties with various countries and international organizations. Foreign policy has not only had a legal character but also demonstrated the State’s strategic thinking, laying the foundation for the implementation of foreign policy directions in a consistent and effective manner. However, in-depth research into the State’s foreign policy across different constitutions and historical periods remains limited and should be further explored.
Vietnam’s foreign policy through five constitutions
The Constitution of the Socialist Republic of Vietnam is the supreme legal document, demonstrating the will and aspirations of the Vietnamese people for national independence, freedom and happiness. It is not only the fundamental code regulating social relations and structuring state power but also a mirror reflecting social progress and the path of national development. At the same time, it is the lodestar of Vietnam’s foreign policy of peace, independence, autonomy and international cooperation.
Stemming from the situation and revolutionary tasks of each period, diplomatic work defined in each constitution has differed in scope and extent but followed a common trend of continued expansion and development. The historical development of foreign policy across various constitutions of Vietnam reflects the process of national construction and defense through different periods. The spirit of independence and autonomy, and the aspiration for peace, are core values reflected throughout the constitutions, while the policies have been adjusted to suit the historical circumstances and needs of each period.
The 1946 Constitution
The 1946 Constitution appeared immediately after the victorious August 1945 revolution, marking a great turning point in the Vietnamese revolution. On September 2, 1945, at Ba Dinh Square in Hanoi, President Ho Chi Minh read the Independence Declaration, giving birth to the Democratic Republic of Vietnam. At the Government’s first meeting on September 3, President Ho Chi Minh put forth six urgent tasks, including the immediate elaboration of a constitution with a drafting committee of 11 members representing different organizations and parties.
Vietnam’s first constitution was passed on November 9, 1946, at the second session of the first National Assembly, solemnly declaring Vietnam’s independence from North to South under a people’s democratic regime, with all powers vested in the entire people.
Though the Constitution was not officially promulgated due to the resistance war against the French colonialists, which broke out on December 19, 1946, the Government led by President Ho Chi Minh and the National Assembly Standing Committee always relied on the spirit and content of the 1946 Constitution to govern State activities.[1]
Foreign policy in the 1946 Constitution
The 1946 Constitution solemnly declared in its preamble: “With the existing spirit of unity and endeavor of the entire people, under a broad democratic political regime, the independent and unified Vietnam advances on the road of glory and happiness, keeping pace with the progressive trend of the world and mankind’s aspiration for peace.” This was the foreign policy of a fledgling state, concise yet broad in scope, and formally recognized in the Constitution.[2]
Though the 1946 Constitution did not contain a separate chapter or specific provisions on foreign policy, it embraced a number of key principles on international relations. Specifically, in its preamble, the spirit of unity, the aspiration for peace, and the hope for integration into the “progressive trend of the world” reflected Vietnam’s desire to build a foreign policy of openness and peace. It can be seen that Vietnam was fully aware of the importance of international integration, being ready to open the door wide to receive progressive values from other nations, while contributing to the common development of the world.
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| Foreign Minister Nguyen Manh Cam (second from right), together with the ASEAN Secretary-General and foreign ministers, at the ceremony marking Vietnam’s admission as the seventh official ASEAN member in Bandar Seri Begawan, Brunei, on July 28, 1995__Photo: Tran Son/VNA |
The 1959 Constitution
After 14 years of development, the Democratic Republic of Vietnam experienced a period marked by significant political events, which transformed the country’s political, social and economic landscape.
Immediately after the National Assembly passed the 1946 Constitution, the French colonialists again provoked a war, attempting to re-conquer Vietnam and forcing the Vietnamese people into a long and arduous resistance. With the Dien Bien Phu victory and the signing of the Geneva Agreements, Vietnam was temporarily divided into two regions. The North was completely liberated, with significant changes in class relations: the feudal landlord class was overthrown, and the worker-peasant alliance was increasingly consolidated and strengthened. The revolutionary tasks in this period were to build socialism in the North and to struggle for national reunification.
Having fulfilled its mission, the 1946 Constitution needed to be amended and supplemented. At its 6th session, the first National Assembly of the Democratic Republic of Vietnam decided to revise it. The first draft was completed in July 1958, then revised, and, on April 1, 1959, put up for four-month public consultation, with the active participation of laboring people from all walks of life.[3] On December 31, 1959, the National Assembly unanimously approved the revised Constitution.
Foreign policy under the 1959 Constitution
The 1959 Constitution stated in its preamble: “The new Constitution is a truly democratic one. It became a source of strength, encouraging people throughout the country to fully demonstrate their patriotism, unity, the fighting will, and the working zeal. Our people are determined to further enhance the solidarity and unity with fraternal countries in the socialist camp headed by the great Soviet Union, and to intensify solidarity with Asian-African peoples and the peace-loving people worldwide.”
At that time, socialist countries formed a broad and powerful system. In order to rally support for the Vietnamese revolution, diplomatic activities played a crucial role. Vietnam’s foreign policy of solidarity and unity with fraternal countries in the socialist camp, especially the Soviet Union, reflected a comprehensive strategy to consolidate Vietnam’s position and protect its national interests amid complex international circumstances. The attachment to the Soviet Union, the primary superpower in the socialist camp, not only brought Vietnam strong political and military support but also created a solid alliance against the pressure of hostile forces. In addition, the maintenance of such solidarity helped the country access advanced military technology and coordinate on security strategy, thereby ensuring the national safety and effective defense. The solidarity with the Soviet Union also reflected the sharing of the socialist ideological system, laying the foundation for long-term cooperation and domestic reforms. This policy not only affirmed the attachment in ideology and goal but also created favorable conditions for sustainable development and national defense in the rapidly evolving international environment.
In addition to the intensified solidarity with fraternal countries in the socialist camp, Vietnam’s foreign policy in this Constitution also emphasized the enhanced solidarity with Asian-African peoples and peace-loving people around the world. It can be seen that this policy not only assisted Vietnam in creating diverse cooperation ties but also created opportunities for sharing experiences and mutual support in the process of construction and development. At the same time, the association with peace-loving nations and peoples worldwide demonstrated Vietnam’s desire to build the image of a peaceful and cooperative nation and participate in global endeavors to maintain peace and national stability.
The 1980 Constitution
The great victory of the Spring 1975 Ho Chi Minh campaign ushered in a new stage in the country’s history. The South was completely liberated and the people’s national democratic revolution was successfully completed. Our country enjoyed complete independence and freedom, facilitating the North-South reunification and transitioning the entire country toward socialism. By this time, the 1959 Constitution fulfilled its mission and Vietnam needed a new one.
On June 24, 1976, the 6th National Assembly (of unified Vietnam) held its first session. On July 2, 1976, the National Assembly adopted important resolutions, including the revision of the 1959 Constitution. A new constitution was drafted and submitted for public discussions. In September 1980, the Communist Party of Vietnam Central Committee held a special session to review the proposed amendments before submitting them to the National Assembly for debate and passage. Finally, the new Constitution was unanimously approved on December 18, 1980, by the 6th National Assembly at its 7th session.[4]
Foreign policy in the 1980 Constitution
In the context of a complex global situation, particularly within the socialist camp, Vietnam faced extremely challenging foreign policy tasks. This was the time Vietnam had just emerged from war and faced numerous new challenges, ranging from national reconstruction to responding to evolving international circumstances. Like the Constitutions of 1946 and 1959, right in its foreword, the 1980 Constitution highlighted Vietnam’s foreign policy in this period, which emphasized the close combination of patriotism and international proletarianism. Vietnam not only concentrated on the defense of national independence and sovereignty but also closely aligned with the international revolutionary movements, especially with socialist countries and the global national liberation movements. By combining internal strength with support from progressive forces and socialist countries such as the Soviet Union, Vietnam wisely integrated political, military, and diplomatic efforts to consolidate its position in the international arena. At the same time, Vietnam always attached importance to building the combat unity and cooperative relations with fraternal neighboring countries such as Laos and Cambodia.
However, the 1980 Constitution included a separate article (Article 14) specifying Vietnam’s foreign policy: “The Socialist Republic of Vietnam enhances the fraternal friendship, combat solidarity and relations of comprehensive cooperation with the Soviet Union, Laos, Cambodia and other socialist countries on the basis of Marxism-Leninism and international proletarianism; protects and develops friendly relations with neighboring countries, unites with peoples struggling for national independence and social justice; implements the policy of peaceful co-existence among countries with different political and social regimes on the basis of mutual respect for each other’s independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs, equality and mutual benefits; actively supports and contributes to the world people’s struggle against imperialism, old and neo-colonialism, hegemony, racism, and for peace, national independence, democracy and socialism.”
It can be seen that Article 14 of the 1980 Constitution demonstrated Vietnam’s strong commitment to intensifying the friendship and combat solidarity with the Soviet Union, Laos, Cambodia and other socialist countries.
In addition, Vietnam also attached special importance to the protection and development of friendly relations with neighboring countries, particularly Laos and Cambodia. At the same time, Vietnam committed to supporting the global movements struggling for national independence and social progress, demonstrating its intensive and extensive foreign policy.
It can be said that such foreign policy of Vietnam not only had a defensive character but also formed part of a broader strategy of consolidating and expanding the socialist system on a global scale.
The 1992 Constitution (amended and supplemented in 2001)
The 1992 Constitution came into being in the context of the comprehensive national renewal (from 1986) initiated and led by the Communist Party of Vietnam, which had recorded many important achievements, with profound and rapid improvements in the economic, political and social spheres. The 6th National Party Congress, also called the Congress of “Doi Moi” (Renewal), set the direction for developing a multi-sector commodity economy operating under a market mechanism, with the state management, and later developed into a socialist-oriented market economy.[5] This required a new Constitution aligned with the renewal policy, aiming to build a prosperous, free and happy life for the people while advancing social development to new heights. In that spirit, the 8th National Assembly, at its 6th session in 1989, decided to revise the 1980 Constitution to meet the new requirements of national development. At its 11th session, the National Assembly unanimously passed the 1992 Constitution.
Amid profound global political changes, such as the disintegration of the Soviet Union and the collapse of socialist countries in Eastern Europe along with the constantly developing trends of internationalization and globalization, foreign relations faced many new challenges. At its 7th National Congress, the Communist Party of Vietnam laid down the guiding principle: “Vietnam wishes to be a friend to all countries around the world, for the objectives of peace, independence and development.” Thanks to the correct line of national renewal and the profound, comprehensive strategic revolutionary thinking appropriate to both international and domestic contexts, foundations were laid for the development and expansion of foreign relations in subsequent periods.
Article 14 of the 1992 Constitution states: “The Socialist Republic of Vietnam implements a policy of peace, friendship, expanded exchange and cooperation with all countries regardless of political and social regimes, on the basis of mutual respect for each other’s independence, sovereignty and territorial integrity, non-interference into each other’s internal affairs, equality and mutual benefits; intensifies solidarity with socialist and neighboring countries; actively supports the struggles for peace, national independence, democracy and social progress in the world.” The foreign policy in the 1992 Constitution marked important steps of development in the country’s constitutional history when, for the first time, the external-relation approach took on a global character, moving beyond the previously regional focus. Vietnam’s foreign policy turned toward international integration while preserving and promoting national identity and independence.
In developing and expanding the foreign policy of independence and sovereignty, the Party has consistently held that maintaining an environment of peace and stability for economic development is a supreme national interest.
Building on the achievements attained, the 9th National Party Congress (2001) set out the guiding principle: “Vietnam is ready to be a friend and a reliable partner of countries around the world.”[6] This meant that any country respecting Vietnam’s independence and sovereignty and willing to cooperate could be a partner, while hostile forces attempting to oppose or sabotage the country are objects of struggle. In this process, the flexibility between “cooperation” and “struggle” is a necessary condition alongside maintaining a foreign policy of independence, self-reliance, multilateralization and diversification.
At its 11th National Congress (2011), the Party continued affirming that external relations should help maintain a peaceful environment conducive to national development, enhance the country’s international standing and contribute to the global struggle for peace, national independence, democracy and social justice. International integration requires the utmost promotion of internal resources, the preservation of national identities, and prevention of negative impacts from the integration process.”[7]
The 2013 Constitution
The 2013 Constitution of Vietnam not only inherited the principles and important values of the 1992 Constitution but also reflected changes and developments in the context of extensive and intensive globalization. This marked an important milestone of development in formulating and implementing Vietnam’s foreign policy in a new period. First, these contents met the requirements and important tasks in stepping up international integration. This included “synchronous economic and political renewal…, national construction and defense; active and proactive international integration”[8] in line with national development orientations.
Under Article 12 of the 2013 Constitution, Vietnam’s foreign policy covers the following key contents:
Peace and international cooperation
One of the prominent points of the 2013 Constitution was the stress on the nature of peace and international cooperation in Vietnam’s foreign policy. Article 12 of the Constitution clearly affirmed: “The Socialist Republic of Vietnam persistently implements a foreign policy of independence, self-reliance, peace, friendship, cooperation and development.”
With a renewed understanding of the times, Vietnam declared its “wish to be a friend” at the 7th National Party Congress, “ready to be a friend” at the 8th National Party Congress, “to be a friend and a reliable partner” at the 9th National Party Congress, and “to be a responsible member of the international community” at the 11th National Party Congress. The 2013 Constitution continued laying stress on that spirit and demonstrated a step of Vietnam’s diplomatic maturity on the international arena. A crucial change here is that Vietnam no longer specifically listed socialist countries and neighboring countries as in the past but applied a more open and inclusive foreign policy. This revealed that Vietnam changed from a regional foreign policy to a global one, being ready to cooperate with all countries around the world.
Multilateralization and diversification of international relations
Vietnam’s foreign policies have been formulated on the principle of multilateralization and diversification of international relations, aiming to expand and consolidate diplomatic ties with all nations regardless of political or social regimes. Such policy has created conditions for Vietnam’s extensive and intensive international integration and intensification of cooperation in various domains such as the economy, politics, culture and defense.
The 2013 Constitution has created an important political-legal basis for the implementation of foreign policy in the new period. This policy has not only reflected the domestic situation but also conformed to great trends of the time. By emphasizing that Vietnam is “a friend, a reliable partner, and a responsible member of the international community,” the 2013 Constitution clarified the country’s role and responsibilities in contributing to peace, national independence, democracy and social justice in the world.
In bilateral ties, Vietnam continued prioritizing the development of relations of cooperation and friendship with neighboring countries while also striving to further deepen relations with key partners. Being an ASEAN member, Vietnam has actively, proactively and responsibly participated in building a strong and cohesive ASEAN community while enhancing relations with partners and consolidating ASEAN’s role in the Asia-Pacific region.
In multilateral relations, Vietnam has attached importance to its role as a responsible member of the international community. Vietnam has participated in and actively contributed to regional, multilateral and global mechanisms, organizations and forums, especially the United Nations.
The 2013 Constitution has also institutionalized the new foreign-policy viewpoint, that is “proactive and active international integration,”[9] marking an important milestone in the foreign policy development of the Party and the State. This has conformed not only to the national situation but also to the development trends of the time, creating a solid foundation for conducting external relations in the context of globalization. This has also affirmed Vietnam’s responsibility in the fulfillment of international obligations, contributing to peace, stability, and the development of the international community.
Respect for independence, sovereignty and territorial integrity
A core principle in Vietnam’s foreign policy, as provided in the 2013 Constitution, is respect for the independence, sovereignty and territorial integrity of other countries. This is a fundamental factor in all of Vietnam’s diplomatic activities, aimed at protecting national interests and refraining from interfering in the internal affairs of other countries. Article 12 of the Constitution clearly states that foreign policy must be based on the principle of “respect for each other’s independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs, equality, and mutual benefit.”
This not only emphasizes the tasks of foreign policy but also clearly outlines the methods of implementation. The Constitution requires that international integration and cooperation be carried out based on the rule of law, in conformity with the United Nations Charter and international treaties to which Vietnam is party. This provision marks an important step forward compared to the 1992 Constitution, emphasizing serious observation of international commitments and active participation in international treaties, contributing to Vietnam’s elevated position on the international arena.
Cooperation, struggle for national interests
In its foreign policy, Vietnam has always placed national interests above all, while aligning them with the common values of the international community, The 2013 Constitution has institutionalized this principle by stating that foreign policy must “serve national interests and contribute to the cause of peace, national independence, democracy and social progress in the world.” This is the most fundamental principle guiding the implementation of foreign policy, reflecting the continuity and evolution of political objectives in the documents of Party Congresses over time.
National interests encompass the benefits of not only people at home but also overseas Vietnamese. Vietnam’s foreign policy has reached a new level, expanding into different fields including economics, politics, defense, and security.
Active participation in international organizations
The 2013 Constitution affirms Vietnam’s active role and responsibilities in regional and international organizations such as the United Nations, ASEAN and WTO, stating that Vietnam “observes the United Nations Charter and international treaties to which the Socialist Republic of Vietnam is a party.” This demonstrates Vietnam’s commitment to being an active member of the international community and reflects its desire to contribute to building peace, preventing conflicts, and settling disputes through peaceful means. Vietnam’s participation in international mechanisms and organizations affirms the country’s standing and creates conditions for it to actively contribute to global issues.
So, the foreign policy under the 2013 Constitution continues to guide national development in the context of international integration, aiming to build Vietnam as a country of peace, independence, self-reliance, and sustainable development with a strong position on the international arena. This also confirms Vietnam’s increasingly important role in promoting stability and development in both the region and the wider world.
Orientations for improving Vietnam’s foreign policy in the Constitution in the coming period
The formulation and finalization of foreign policy in Vietnam’s Constitution constitute a continuous and necessary process to meet the requirements of a rapidly changing international environment. In the coming period, importance should be attached to the following orientations:
First, to enhance independence and self-reliance in foreign policy
Vietnam’s foreign policy should continue to maintain and promote independence and self-reliance, aiming to protect the nation’s self-determination and national interests. This includes minimizing dependence on any single country or alliance and ensuring that foreign policy decisions are based on national interests and the aspirations of the people. Priority should be given to developing flexible and creative foreign strategies capable of adapting quickly to changes in the international environment.
Second, to intensify multilateralization and diversification of international relations
Diplomatic ties with countries and international organizations should be further expanded and consolidated as key objectives. Vietnam’s foreign policy should focus on establishing and maintaining strategic and comprehensive partnerships with major countries and international organizations while continuing to expand cooperation with developing countries. Especially, particular attention should be paid to developing ties with emerging regions and potential markets in order to create new opportunities for economic development and strategic cooperation.
Third, to focus on building and developing the ASEAN community
Within the ASEAN framework, Vietnam should continue to play an active role in building a strong and united ASEAN community. This covers accelerating multilateral cooperation in areas such as security, the economy, and culture.
Fourth, to further participate in and contribute to international organizations
Vietnam should continue to actively participate in such international organizations as the United Nations, WTO and others, while contributing to the elaboration and implementation of international codes and standards. This includes the promotion of international initiatives in such domains as environmental protection, combating climate change and protecting human rights. Special importance should be attached to fulfilling international commitments and stepping up enforcement of international treaties to which Vietnam is a party.
Fifth, to enhance cooperation on non-traditional security matters
Vietnam’s foreign policy should attach importance to cooperation with nations and international organizations in handling non-traditional security challenges, such as climate change, epidemics, and terrorism. This includes the development of mechanisms for effective international cooperation and the promotion of coordination among nations in handling global issues.
Sixth, foreign policy in the Constitution requires the people’s consensus and support
The elaboration and implementation of foreign policy should ensure people’s consensus and support. There should be mechanisms for public participation in the formulation and oversight of foreign policy in order to ensure that it correctly reflects the community aspirations and interests.
Seventh, to raise the effectiveness and quality of external-relation activities
This can be done by improving the management and training a contingent of highly capable diplomats, including the formation of policies and effective working procedures as well as the enhanced cooperation with domestic and foreign agencies, organizations, and experts in order to optimize diplomatic activities.
In short, Vietnam’s foreign policy in the constitutional history has evolved from protecting national independence and sovereignty to expanding international relations and achieving both intensive and extensive integration with the international community. This has not only reflected the country’s flexibility and adaptability before global challenges and opportunities but also demonstrated Vietnam’s constant endeavor in affirming its role and position on the international stage. The elaboration and finalization of foreign policy under the above-mentioned orientations will greatly contribute to the protection of national interests and the promotion of regional and global peace and stability while elevating the nation’s position in the international community.-
[1] Thai Vinh Thang, 1997, Vietnam Constitutional History, p. 21.
[2] Bui Ngoc Thanh Nguyen, 2012, The 1992 Constitution on external-relations activities, amendment and supplementation, Communist Review.
[3] Ho Chi Minh, Collected Works, Su That publishing house, 1980.
[4] Thai Vinh Thang, Ibid, p. 42.
[5] Communist Review. PhD. Bui Ngoc Thanh Nguyen, Ibid.
[6] Documents of the 9th National Party Congress, the State National Politics Publishing House, Hanoi, 2001, p. 120
[7] Documents of the 11th National Party Congress, the State National Politics Publishing House, Hanoi, 2011, p. 236.
[8] Legislative Studies, Issue No. 18, September 2015, PhD. Ngo Duc Manh, the 2013 Constitution and foreign policies.
[9] Documents of the 11th National Party Congress, Proactive and Active International Integration, the diplomatic policy of the Socialist Republic of Vietnam
