Vietnam is on the brink of significant constitutional changes as discussions intensify concerning the need to amend the country's constitution, particularly to address organizational reforms within its political framework. These discussions arise amid moves to streamline the administrative system by merging provincial-level units and eliminating district-level government structures.
On March 1, 2025, the Politburo disclosed Conclusion 127-KL/TW, fundamentally impacting how Vietnam's government will be organized. This announcement follows recommendations made earlier concerning the need to revise various aspects of governance, including the merging of some provincial administrative entities.
The proposal requires the Government Party Committee to draft plans for these administrative changes by the deadline of April 7, 2025. If implemented, these changes could dramatically reshape governance, reducing the current 63 provinces by removing certain layers of bureaucracy.
The need for constitutional amendments arises because Vietnam’s existing Constitution explicitly defines the administrative divisions of the country. According to Article 110 of the 2013 Constitution, the country is divided administratively by provinces, districts, towns, and cities directly under central government authority. Hence, any radical changes such as abolishing the district level would be unconstitutional without proper amendments.
A report published by Tuoi Tre on March 3, 2025, titled "Amending the Constitution to Reform the Apparatus,“ stresses the importance of adjusting the constitution to reflect current social needs, especially as the government assesses its bureaucratic structure. Professor Tran Ngoc Duong, former Deputy Director of the National Assembly Office, indicated the potential for rapid amendments, stating, "If only one or two articles of the Constitution need to be amended, it can be handled immediately.”
Legal experts, including Dr. Cao Vu Minh, have voiced concerns over the legal ramifications following the elimination of district governance, citing recent changes to the Law on Promulgation of Legal Documents, which stripped local governments of certain legislative powers.
Understanding the broader political climate, several experts suggest the current dialogue surrounding potential constitutional amendments could be pivotal to tackling longstanding issues, such as property rights and the central role of the Communist Party as established under Article 4 of the 2013 Constitution. The continuing assertions from General Secretary To Lam, referring to the “institutional bottleneck,” hint at potentially wider reforms.
The amendment process requires careful deliberation and engagement from the legislature. Under Article 120 of the 2013 Constitution, the process includes proposals from the President, the National Assembly, the Government, or at least one-third of the National Assembly members. Amendments can only proceed with at least two-thirds approval from the Assembly.
Historically, Vietnam has undergone significant constitutional revisions, with five previous constitutions crafted since the establishment of the Democratic Republic of Vietnam. The most recent amendment occurred on November 28, 2013, and was intended to reflect the socio-economic developments of the nation. Each round of amendments has mirrored the political and economic needs of the time.
Faced with the imminent deadline to finalize these amendments by June 30, 2025, there is mounting pressure on the government and party officials to move swiftly. Substantial changes to the legal framework governing local administrations will require multiple laws and regulations to be reviewed or revised.
Several other proposed adjustments aim to streamline various departments within the government, ensuring they align with the new changes proposed, including adjustments to legal structures and definitions of local powers and responsibilities.
Further complicacy arises as any attempts at broader amendments, such as addressing land ownership or the highlighted autonomy issues, could provoke considerable political backlash, making such discussions more contentious and complex.
Currently, discussions are widespread within the legislative circuit on how best to navigate the rigorous process of amending the constitution to address both the removal of district governance and potentially larger systemic reforms required for the changing political climate.
The national conversation on constitutional reform does not just mirror the political apparatus; it also significantly impacts the citizens who may witness alterations to governance structures. The National Assembly, as the highest representative body of the people, could play an instrumental role moving forward by engaging citizens more actively about proposed changes. Any outreach or consultation process will need to be initiated before the public is asked to consent to changes made to the country’s foundational legal document.
With the clock ticking, the momentum to amend Vietnam's Constitution is evident as the January 2025 decisions fuel calls for reform to the political apparatus. The outcome of these discussions will determine whether Vietnam continues to uphold its traditional governance model or embraces sweeping changes to meet the needs of contemporary governance.