The August Revolution and the Formation of a People's Rule of Law State

Laying the groundwork for the emergence of a people-centered rule of law state.

August RevolutionThe victory in 1945 gave birth to the Democratic Republic of Vietnam.Preamble to the Constitution1946It was stated clearly: “The August Revolution restored sovereignty to the country, freedom to the people, and established a democratic republic. After eighty years of struggle, the Vietnamese nation escaped the oppression of colonial policies and simultaneously abolished the monarchical regime. The country has embarked on a new path.”

On August 19, 1945, the General Uprising took place in Hanoi, with revolutionary mass forces seizing the Northern Palace. (Photo: National Historical Museum)

In evaluating this, inPolitical reportinSecond National Congress of DelegatesIn the Party's commemoration (February 11, 1951), President Ho Chi Minh stated: “The August Revolution overthrew the monarchy of several centuries, shattered the shackles of colonialism of nearly a hundred years, returned power to the people, and laid the foundation for an independent, free, and happy Democratic Republic of Vietnam. The victory of the August Revolution made us a part of the great family of world democracy… On September 2, 1945, the Government of the Democratic Republic of Vietnam was established, declaring to the world Vietnam's independence and implementing democratic freedoms within the country.”^[1].

Speaking about the purpose of the August Revolution of 1945, inA call to action on the occasion of the anniversary of the August Revolution and National Day.In a statement dated September 1, 1954, President Ho Chi Minh clearly stated: “What was the purpose of the August Revolution? It was to regain peace, unity, independence, and democracy for our Fatherland and our people. Following the success of the August Revolution, on September 2, our country declared independence. The Democratic Republic of Vietnam was established. Free general elections were held, and the people nationwide elected the National Assembly. The National Assembly adopted the Constitution and elected the Central Government. Local governments from the commune to the province were elected by the people. Thus, we began to implement unity, independence, and democracy.” (Newspaper)People(No. 220, September 1-3, 1954)^[2].

Building a rule of law state for the people.

A rule of law state is, first and foremost, a democratic state. Secondly, a rule of law state is a state that respects the law, organized and operating within the framework of the Constitution and laws. Thirdly, a rule of law state is a clean, strong, efficient state that overcomes the inherent flaws of old-style states. A state for the people, on the other hand, is a state that seeks the rights and happiness of its people.

In fact, throughout his revolutionary career, President Ho Chi Minh placed particular emphasis on governing the country and society through a rule of law state, and he was also concerned with building a state for the people. Therefore, under his guidance, the Democratic Republic of Vietnam became a state governed by the rule of law for the people.

President Ho Chi Minh always paid attention to building a rule-of-law state for the people. (Historical archival photo)

President Ho Chi Minh built a rule-of-law state.How? One day after the declaration of independence, on September 3, 1945, in the first session of the Provisional Government, he stated: “Before, we were ruled by an autocratic monarchy, then by a colonial regime no less autocratic, so our country had no constitution. Our people did not enjoy democratic freedoms. We must have a democratic constitution.”^[3]As President, he twice headed the Constitutional Drafting Committee (1946 and 1959), signed orders promulgating 16 laws, 613 decrees, and many other sub-legal documents. In addition, in his work...Common sense of politics(In 1951), he also pointed out: “Previously, Vietnam had a State and a Government. However, those were tools of imperialism and feudalism to oppress the people. With the success of the August Revolution, we established a new Government, army, police, courts, and new laws of the people to fight against enemies inside and outside, and to protect the rights of the people. Our new State and the old State are different in nature... The old State was in the hands of imperialism and feudalism; its nature was imperialism and feudalism, and reactionary. Our State today is in the hands of the people fighting against imperialism and feudalism. Its nature is people's democratic dictatorship.”^[4].

How did President Ho Chi Minh build a state for the people? According to President Ho Chi Minh's assessment, the victory of the August Revolution "brought the Vietnamese nation into a new era, the era of independence, freedom, and socialism."^[5]Therefore, immediately after the successful August Revolution, in the articleThe government is the servant of the people.The speaker stated: “Just under two months ago, before the August 19, 1945 uprising, mentioning the word 'Government' immediately brought to mind a dangerous and cunning gang of bandits. In contrast, everyone now feels a deep affection and respect for the current People's Government… The Government's work must aim at a single goal: to secure freedom and happiness for all. Therefore, the People's Government must always place the people's interests above all else. Whatever benefits the people must be done. Whatever harms the people must be avoided… In short, all the evils, corruption, injustice, and oppression of the old regime and the previous councils of elders cannot exist in the current People's Committees. The People's Committee is tasked with implementing freedom and democracy for the people. It must act in accordance with that spirit of freedom and democracy.” (Newspaper)National Salvation(No. 46, September 19, 1945)^[6].

President Ho Chi Minh witnessing the signing of the Joint Declaration between North Korea and Vietnam by Prime Minister Kim Il-sung and Prime Minister Pham Van Dong in December 1958. (Historical archival photo)

InLetter to the People's Committees of provinces, districts, and villages.(October 17, 1945), President Ho Chi Minh also clearly stated: "We must understand that the government agencies, from the national level to the villages, are all servants of the people, meaning they are there to carry out the common work for the people, not to oppress the people as in the period under French and Japanese rule."^[7].

Buildsocialist rule of law state of the people, by the people, and for the people.

Speaking to people of ethnic minorities in Tuyen Quang province in March 1961, President Ho Chi Minh clearly explained the democratic system and the Party's leadership: "Our system is a democratic system, meaning the people are the masters. Our Party is the leading Party, meaning all cadres, from the central level to the regional, provincial, district, and commune levels, at any level and in any sector – must be loyal servants of the people."

On September 9, 1969, the eulogy delivered by Comrade Le Duan, First Secretary of the Central Committee of the Party, at the solemn funeral ceremony for President Ho Chi Minh, included the following passage: “Farewell, our beloved leader. We vow to dedicate all our strength to continuing the struggle to realize the noble socialist and communist ideals that you outlined for our working class and people, bringing prosperity to the country and happiness to our compatriots.”

On July 2, 1976, the Sixth National Assembly (1976-1981 term) of the Democratic Republic of Vietnam decided to change the country's name to the Socialist Republic of Vietnam. The Platform for Building the Country during the Transition Period to Socialism (supplemented and developed in 2011) defined the socialist social model that our people are building based on eight characteristics, and "building a socialist rule-of-law state of the people, by the people, and for the people" as a fundamental characteristic. Article 2 of the 2013 Constitution also stipulates: "The Socialist Republic of Vietnam is a socialist rule-of-law state of the people, by the people, and for the people."

The Third National Congress of the Communist Party of Vietnam (1960). Pictured are leaders of the Party and State: Ho Chi Minh, Chairman of the Vietnam Labor Party and President of the Democratic Republic of Vietnam (standing and speaking), Le Duan, First Secretary of the Vietnam Labor Party (first from the left, top row), Truong Chinh, Chairman of the National Assembly (first from the right, top row), and Vo Nguyen Giap, Minister of National Defense (first from the left, second row). Historical archival photo.

In his article "Some Theoretical and Practical Issues on Socialism and the Path to Socialism in Vietnam," General Secretary Nguyen Phu Trong clearly stated: "We advocate for continuously promoting democracy and building a truly socialist rule-of-law state of the people, by the people, and for the people, based on the alliance between workers, farmers, and intellectuals led by the Communist Party of Vietnam. The state represents the people's right to self-governance and is also the organizer of the Party's policies; it has mechanisms for the people to exercise their right to direct self-governance and representative democracy in all areas of social life and participate in social management."

We recognize that the socialist rule of law is fundamentally different from the bourgeois rule of law in that: under capitalism, the rule of law is essentially a tool to protect and serve the interests of the bourgeoisie, while under socialism, the rule of law is a tool to express and implement the people's right to self-governance, ensuring and protecting the interests of the vast majority of the people. Through the enforcement of laws, the State ensures the conditions for the people to be the subjects of political power, exercising dictatorship against all actions that harm the interests of the Fatherland and the people” (Newspaper).People's Electronic Newspaper(May 16, 2021).

[1] Ho Chi Minh: Selected Works, Volume 2, Truth Publishing House, Hanoi, 1980, p. 463

[2] Ho Chi Minh: Complete Works, Volume 7, National Political Publishing House, Hanoi, 2002, p. 337

[3] Ho Chi Minh: Complete Works, Volume 4, National Political Publishing House, Hanoi, 1995, p. 8

[4] Ho Chi Minh: Complete Works, Volume 8, National Political Publishing House, Hanoi, 2011, p. 262

[5] Ho Chi Minh: Complete Works, Volume 6, National Political Publishing House, Hanoi, 2002, p. 629

[6] Ho Chi Minh: Complete Works, Volume 4, National Political Publishing House, Hanoi, 1995, p. 22

[7] Ho Chi Minh: Complete Works, Volume 4, National Political Publishing House, Hanoi, 2011, pp. 64-65