Direct democracy in the constutions of Viẹtnam

• Main Author: Hoang, Thi Thu Thuy
• Other Authors: Asian Constitutional Law Recent Development and trends : 6th and 7th December 2019, Hà Nội, Việt Nam. Vol. 2
• Format: Conference or Workshop Item
• Language: English
• Published: Đại học Quốc gia Hà Nội 2020
• Subjects: Dân chủ trực tiếp; Luật hiến pháp; Quy định pháp luật; Nền dân chủ
• Online Access: http://repository.vnu.edu.vn/handle/VNU_123/94083
• Institution: Vietnam National University, Hanoi

Direct democracy is understood as the expression of citizen’s direct opinion to decide a matter of the state or of the community without any intermediary element, including agencies and elected representatives. The expression of this will is decisive and must be immediately enforced. According to the IDEA International Handbook of Direct Democracy, there are currently four forms of direct democracy in the world, including: referendum, citizen initiative, agenda initiatives, and dismissal of representatives elected by the citizens. In Vietnam, Direct Democracy has been stipulated in the first constitution (1946 Constitution) and reaffirmed in all subsequent constitutions (1959, 1980, 1992, 2013). This paper compares the rules of Direct Democracy in five constitutions in Vietnam since independence (1945) so far, shows differences, and analyses the causes of the differences. The study pointed out that the main reason for the differences of constitutional regulations on Direct Democracy in Vietnam has been due to the impact of Marxist ideology, the process of innovation and international integration of Vietnam (since 1986). Whereas the first factor leads to the narrowing, the second factor leads to the broadening of Direct Democracy in Vietnam. Nevertheless, after analyzing the current legal framework on Direct Democracy in Vietnam, the study also pointed out that the content of Direct Democracy in Vietnamese law is still narrow in comparison with that many countries in the world; in addition, with the current legal framework, the implementation of Direct Democracy in Vietnam still faces many difficulties and obstacles.