Electricity brought to the remote villages - Photo: baodantoc.vn

1. The development of a socialist-oriented market economy is the foundation and the condition for building a socialist rule-of-law state and a socialist democracy

Firstly, the socialist-oriented market economy is the basis and the condition necessitating the establishment of a socialist rule-of-law State.

The market economy is a product of human progress. Its emergence and increasingly strong growth have posed new requirements on the organization, management, and operation of the economy, which are inherently complex and difficult. The rise and fall of the market economy worldwide has demonstrated that its effectiveness can only be fully realized with the advent of a rule of law state.

In Vietnam, the Party’s efforts to renew its thinking on the construction of socialism have also involved cultivating a new and sound awareness of the market economy and its role in the process of building socialism. The transformation from a centrally planned economy model with a heavy bureaucracy and subsidies to a multi-sector commodity economy operating under state-controlled market mechanisms and guided by the socialist-oriented leadership of the Communist Party represents the first and crucial shift in the Party’s economic mindset.

Since the 9th National Party Congress in 2001, our Party has recognized the socialist-oriented economic model as the general economic model during Vietnam’s transition period toward socialism. This is “a modern, internationally integrated market economy operating fully and synchronously in accordance with the rules of the market economy, managed by a socialist rule of law state under the leadership of the Communist Party of Vietnam, ensuring that the socialist orientation is set to achieve the vision of “a wealthy people, a strong nation, and a democratic, just, and civilized society”⁽¹⁾. That economy requires fairness and equality between economic sectors, as well as between business and production entities, with a high sense of self-management, organization, and autonomy.

In order to address the complex and difficult issues of the socialist-oriented market economy, which is unprecedented in our national history, the Party has recognized the need for fundamental renovations of the organization and operational modes of the State. The State is no longer a patron or supporter of the economy, but rather a facilitator that creates oriented conditions and environments conducive to its development. More specifically, the State shall govern the economy and society through the rule of law, develop a strong enough market economy institution, establish a secure legal framework for production and business activities, ensure fairness, equality, and collaboration for long-term mutual development among economic sectors, create favorable environments for sustainable economic development, and so on. In other words, it is necessary to build a modern, professional, and streamlined management mechanism; a clean and effective state apparatus; as well as capable and dedicated contingents of cadre and civil servants. Only a socialist rule-of-law State with the aforementioned characteristics is qualified and capable of effectively managing and governing the market economy, ensuring the comprehensive development of the country in accordance with the socialist orientation.

Hence, the socialist-oriented market economy necessitates and creates a socio-economic foundation for the construction of a socialist rule-of-law State, which imposes new requirements on the organization and operation of the state apparatus. Economic changes have resulted in conscious changes within sections of the superstructure to adapt to and respond to transformations in the socio-economic base and structures.

The establishment and development of a socialist rule-of-law State in Vietnam is an inevitable part of the renovation process once the socialist-oriented model of market economy has been formed and becomes increasingly effective in promoting socioeconomic development, giving Vietnam a new position, and driving force in the process of international integration.

Secondly, the socialist-oriented market economy serves as the foundation and conditions for safeguarding and promoting the democratic rights of the people.

In Vietnam, socialist democracy is characterized by the state power truly belonging to the people, where “citizens are both owners and administrators of the nation.” For this purpose, certain fundamental conditions are necessary, with the socialist-oriented market economy being a crucial component. This is because the essence of the socialist-oriented market economy in Vietnam lies in recognizing, respecting, and protecting the proprietary rights of all individuals, ensuring freedom in production and business, opposing monopolies, and eliminating barriers and discrimination between economic sectors, thereby ensuring that economic sectors are equal before the law.

This democracy and equality have created material and economic incentives for economic entities to take advantage of and promote the full potential of individual economic development. The Vietnamese socialist-oriented market economy recognizes and respects multiple economic sectors, diverse forms of ownership, and various modes of distribution. This recognition and respect extend to the diverse interests of social strata, classes, corporations, groups, and individual workers within society.

Accordingly, this market economy progressively enhances the freedom and autonomy rights in production and business for individuals, labor collectives, economic units, and enterprises. Economic entities are freed from the constraints of unreasonable mechanisms, allowing for greater mastery, dynamism, and creativity in production, business, and international economic integration. People are provided with opportunities to create jobs, seek employment, increase income, choose educational and entrepreneurial prospects, thereby fostering significant motivation for everyone to contribute to their own benefit and societal development. On this foundation, manufacturers, business owners, and workers who possess flexible adaptability, dynamism, self-reliance, and a strong sense of responsibility towards themselves, their jobs, agencies, companies, and society have been gradually cultivated. These qualities are also essential for modern industrial production and the realization of a democratic and civilized society.

2. The establishment of a socialist rule-of-law State, which is an important institution, is a prerequisite for ensuring the development of the market economy in accordance with the socialist orientation and the construction of socialist democracy in Vietnam

First and foremost, the socialist rule-of-law State serves as the most essential institution for ensuring that economic growth is properly directed toward socialism.

The socialist rule-of-law State represents a significant achievement in the history of human state development. It is not only the result of the interplay of subjective and objective factors within specific historical and social conditions but has also made substantial contributions to the socio-economic development of numerous countries and peoples during the early modern and modern eras. Material reality has demonstrated that the establishment and development of the rule-of-law state is interconnected with the transformations and advancements of the global economy, shifting from a natural and self-sufficient economy to a commodity economy, with the market economy as its pinnacle.

In Vietnam, the socialist rule-of-law State stands as the most significant social institution, representing the interests of the working class and the working people. It is the responsibility of the state to formulate the Constitution, legal system, and conscientious policies aimed at effectively managing and regulating the development of the market economy towards the objectives of socialism.

This organic relationship is manifested through the role of the socialist rule-of-law State in orienting, constructing, and perfecting economic institutions, fostering a healthy, equitable, and transparent competitive environment; utilizing the State’s tools, policies, and resources to steer and regulate the economy, facilitate the development of manufacturing and businesses, and protect the environment; and ensuring the advancement social progress and equity at each stage and in every development policy.

The socialist rule-of-law State has also established favorable socio-economic and legal environments to strengthen and advance the socialist-oriented market economy. Lessons learned from major economies during the Great Recession, along with the achievements of economic renovation in Vietnam in recent years, have confirmed the critical role of the state in guiding the market towards positive development and overcoming the limitations of the market economy to foster optimal economic growth.

Second, building a socialist rule-of-law State is a prerequisite to ensuring that the state power truly belongs to the people, which is a manifestation of democratic centralism.

At the heart of democracy lies the safeguarding and enhancement of individuals’ capabilities within society, while protecting individuals and promoting their development is one of the fundamental functions of the socialist rule-of-law State. Therefore, building and perfecting the socialist rule-of-law State has become one of the preconditions to ensure the development of socialist democracy in Vietnam.

The relationship between the rule of law and democracy in Vietnam is clearly conveyed in the concept of the Vietnamese socialist rule-of-law State. It is a socialist rule-of-law State of the people, by the people, and for the people. It governs society through the rule of law, under the leadership of the Communist Party. It operates based on the principles of democratic centralism, with task allocation, coordination, and inter-control among state agencies in the exercise of legislative, executive, and judicial powers. Simultaneously, the State ensures and promotes the people’s right to self-determination; recognizes, respects, protects, and guarantees human rights and citizens’ rights; and strives towards the goal of a prosperous people and a strong, democratic, equitable, and civilized country in which all people enjoy abundant, free, and happy lives and are given opportunities for comprehensive development.

Fundamentally, democracy and the rule of law are closely intertwined.  The roles of the State and the law in the construction and development to ensure the people’s democratic rights manifest themselves in many aspects. Firstly, the State and law are tools and means to assume the role of leading and dominating society by creating the same legal environment and opportunities for members of society from all different economic sectors to unleash their entrepreneurial abilities and thrive via start-ups. Secondly, socialist law acts as a safeguard to ensure social equality. Thirdly, the law of the socialist rule-of-law State acts as a means to reconcile interests between social classes, fostering harmonious and stable societal development. Lastly, the law functions as a vehicle for the State to recognize, respect, protect, and guarantee human and civil rights, as well as to uphold social security and safety for the people.

From the above approach, it is clear that the core spirit of establishing a socialist rule-of-law state in Vietnam is a demand stemming from the pursuit of democracy. This demand is founded upon the basis of Ho Chi Minh’s general legal philosophy, which places people at its core. Consequently, the law-governed state assumes a vital and indispensable role in Vietnam’s democracy.

3. Socialist democracy serves as both the goal and driving force behind the development of the socialist-oriented market economy and the construction of the socialist rule-of-law State

Firstly, socialist democracy is both the goal and impetus to develop the socialist-oriented market economy.

Socialist democracy and the socialist-oriented economy are inextricably linked from the perspective of the overall endeavor of building socialism in Vietnam. Without socialist democracy, socialism could not exist, and neither could the proper development of the socialist-oriented market economy, which is essential for expediting the construction of socialism in Vietnam. 

With the implementation of the socialist-oriented market economy, our country has truly unleashed its production forces and stimulated the dynamism and positivity of all economic sectors in recent years, as individuals and entities are free and self-reliant in their production and business activities. People have gained more freedom and equality in enriching themselves, their families and contributing to the country and society. Vietnam’s socialist-oriented market economy is a democratic and equitable “playground” for all people, households, classes, and economic entities, suitable to the country’s conditions and the global trend of progressive development.

In the process of building and developing a socialist-oriented market economy, the people are both the subject and the object that the economy is geared towards, because “It is an economy built in a socialist regime, owned by the people, managed by the socialist rule-of-law State, and led by the Communist Party, with the goal of moving towards socialism”⁽²⁾, as stated in the 10th National Party Congress (2006).

To make full use of and effectively utilize the potentials of objective conditions, it is essential and imperative to promote the people’s capacity for mastery. This is one of the important subjective factors that ensures the successful development of the socialist-oriented market economy and the overall renovation cause of the country. Obviously, the development of an economy aimed at the prosperity and happiness of the people must also be a cause embraced by the people themselves.

The fundamental and important attributes of the socialist-oriented market economy have demonstrated the compatibility and suitability of socialist democracy in Vietnam with this type of economy. It is stipulated from within the very nature and ultimate goal, the unity of the socialist-oriented market economy and socialist democracy is to serve the interests of the working people. The people are the subject and the central focus of all development, around whom all progress revolves. This serves as both the goal and the driving force behind the development of the socialist-oriented market economy.

Second, socialist democracy is the essence of the socialist rule-of-law State and also serves as the condition and premise for the State regime.

It can be asserted that socialist democracy is a political form-state of society that recognizes the freedom and equality of citizens, acknowledges the people as the ultimate source of state power. Therefore, democracy serves as both the goal and the driving force behind the nation’s development. Democracy has always been the lofty aspiration of the Vietnamese revolution, and the path to its realization lies in the process of democratization.

However, the expansion of democracy and the democratization process must be carried out based on a solid legal foundation, and a reasonable and effective operational mechanism by the State. Building a strong socialist rule-of-law State is a significant measure to address the limitations of previous democratic systems, thus further advancing the process of democratization. Since the 7th National Party Congress (1991) of the Party and continuing to the present day, our Party has consistently emphasized that constructing a socialist rule-of-law State and renovating the State administration are key tasks in the pursuit of building a new democracy.

On the other hand, the strength of the socialist rule-of-law State also relies on the quality of democracy. The socialist rule-of-law State only thrives when it operates within an environment characterized by strong supervision, constructive criticism, and responsible participation from all segments of society. An effective monitoring mechanism by the people to oversee the functioning of public authorities is also a crucial factor in enhancing the quality and efficiency of the socialist rule-of-law State in Vietnam.

The development of socialist democracy serves as an indicator of the maturity of socialism in Vietnam, with its highest and most concentrated manifestation being the establishment of the Vietnamese socialist rule-of-law State of the people, by the people, and for the people, under the leadership of the Communist Party. The State, as the representative of the people, manages and administers the socialist-oriented market economy with the aim of serving the people; the closer the interdependence between the State and the economy becomes, the greater the likelihood of successfully building socialism in Vietnam. In other words, the more proactive the State is in fulfilling its functions and tasks of national socioeconomic management, and the more the socialist-oriented market economy effectively demonstrates its role and strength in the right direction, with focus and efficiency, the more solid and continuously improved the development of socialist democracy will be. This socialist democracy will truly make the State belong to the people, governed by the people, and serve the people. It will also foster social solidarity and consensus, providing the driving force for socio-economic development through the implementation of state policies.

Thus, socialist democracy serves as both the prerequisite and the impetus for building the socialist rule-of-law State. At the same time, the socialist rule-of-law State forms an essential foundation for the implementation and expansion of socialist democracy. As a result, the establishment of a socialist rule-of-law State is only possible when social democratization is effectively implemented. Both in theory and practice, it has been proven that every step taken in building and perfecting the socialist rule-of-law State presents an opportunity to expand and develop social democracy.

Based on the above analysis, it is clear that the relationship between the socialist-oriented market economy, the socialist rule-of-law State, and socialist democracy in Vietnam is essentially the relationship between the State, the market, and society. The relationship between these three entities is reflected in the operational mechanism of the socialist-oriented market economy, which is managed by the State and involves the active participation of socio-political organizations and the people. In particular, the market operates and develops based on the principles of the market economy, playing a decisive role in determining the prices of goods and services. It also motivates the effective mobilization and allocation of resources and regulates the production, distribution, and operation of enterprises. Meanwhile, the State no longer “commands” the economy through a planned ordinance nor intervenes extensively and directly in the production processes of enterprises as in the previous planned economy. Instead, its role is to manage, guide, regulate, and promote economic development through the implementation of laws, strategies, planning, policies, and material resources. Additionally, the Fatherland Front, socio-political organizations, and the people monitor the activities of state agencies, officials, and civil servants, as well as the activities of enterprises and markets. Simultaneously, they can also report to the State any issues affecting the development of the economy and the well-being of the people.

4. The relationship between the socialist-oriented market economy, the socialist rule-of-law State, and socialist democracy in Vietnam during the renovation period

In recent years, there has been increasing recognition and affirmation of the thinking about the interplay between the “three pillars” of Vietnamese socialism: the socialist-oriented market economy, the socialist rule-of-law State, and socialist democracy. Navigating the relationship among these “three pillars” has yielded significant results. As a result, the economy has experienced more effective development, generating material conditions and imposing new requirements for the construction of a law-governed State and the advancement of socialist democracy.

On the other hand, the effectiveness and efficiency of managing the market economy by the socialist rule-of-law State have become increasingly pragmatic in the direction of the State playing a role in orienting, establishing, and perfecting economic institutions, fostering an equitable, transparent, and healthy competitive environment, and so on, which in turn promotes the development of production and business, protects the environment, and enhances the role of social supervision and criticism of the Fatherland Front and socio-political organizations. The people now have increased access to material resources and legal mechanisms that empower them in production and business, developing the economy as well as practicing their rights of mastery, actively contributing to economic development and the construction of the socialist rule-of-law State.

However, each component of these “three pillars” still faces limitations and weaknesses in implementation, which do not fully meet the requirements of national development and international integration. According to the statement made at the 13th National Party Congress of the Party (2021), the institution of the socialist-oriented market economy still faces many problems and shortcomings. The State’s capability to formulate effective institutional frameworks is still limited; and the quality of laws and policies in certain areas remains low. The investment and business environment lacks true openness and transparency”⁽³⁾; “the construction of a socialist rule-of-law State has not fully met the requirements of socio-economic development and national governance in the current situation”⁽⁴⁾. In particular, the State’s role in “steering”, guiding, and regulating the economy appears somewhat ambiguous, and its function as a “fair referee” in controlling the “games” of economic entities in the market is not clearly demonstrated. The role of the State as the “most important instrument” to ensure the democratic rights of the people is also unspecified. The construction of socialist democracy also faces many limitations and has not clearly fulfilled its fundamental role as a driving force for the development of the socialist-oriented market economy and the construction of a socialist rule-of-law State. “There are still instances of formal democracy, with a separation between democracy, state regulation, and the law”⁽⁵⁾.

Therefore, in order to effectively address the relationship between the “three pillars” of Vietnam’s socialist model in the future, it is necessary to focus on implementing the following solutions in a synchronized manner: 

Firstly, it is essential to build and perfect the socialist-oriented market economy focusing on three aspects: ownership, managerial organization, and allocation. This should be performed in line with the spirit of the 13^th National Party Congress, with the aim of establishing a solid economic foundation for constructing the socialist rule-of-law State and promoting socialist democracy.

Secondly, we shall build and perfect a socialist rule-of-law State that is of the people, by the people, and for the people, under the leadership of the Communist Party, with the goal of “facilitating creation, development, integrity, proactivity”⁽⁶⁾. We shall establish and enhance the legal system, aiming at improving its quality, stability, and sustainability as a means to regulate socio-economic relations, creating a legal framework that ensures proper orientation toward socialism in the market economy and upholds the democratic rights of the people.

Thirdly, “it is essential to synchronize the perfection of the legal system, mechanisms, and policies to effectively promote socialist democracy and the people’s rights of mastery; and simultaneously strengthen the law and ensure social discipline”⁽⁷⁾. We shall properly and effectively implement direct democracy and representative democracy, especially the grassroots-level democracy, with the motto “the people know, the people discuss, the people work, the people check, the people monitor, and the people benefit.” Furthermore, it is critical to raise people’s awareness and promote exemplary behaviors of compliance with the law and regulations, as well as the practice of socialist democracy, among cadres, party members, party committees, government agencies, the Fatherland Front, and socio-political organizations at all levels.

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Received: February 03, 2023; Revised: February 27, 2023; Approved for publication: March 22, 2023.

Endnotes:

(1), (3), (4), (5), (6), (7) CPV: Documents of the 13th National Party Congress, vol.I, Truth National Political Publishing House, Hanoi, 2021, pp.128, 80, 89, 88, 284, 202.

(2) CPV: Complete Party Documents, vol.65, National Political Publishing House, Hanoi, 2016, p.371.