Vietnam’s 2025 Constitutional Reform: Reconstructing Local Governments

On 6 May 2025, following the adoption of a resolution by the National Assembly, the Constitutional Drafting Committee of Vietnam submitted its proposal to introduce the first amendments to the 2013 Constitution, with a primary focus on reforming local government structures. As public consultations on the draft are underway, Nguyen Thi Phuong explains how these reforms are part of broader political efforts to boost administrative efficiency, promote economic development, and strengthen political legitimacy in Vietnam.

1. Legal and Political Background and Rationales of the Reforms

Vietnam is a socialist country under the single-party leadership of the Communist Party of Vietnam (the Party). Despite the achievements of nearly 40 years of implementing the Đổi Mới economic reforms—or “renovation” reforms, initiated in 1986 to create a “socialist-oriented market economy”—Vietnam’s political system remains cumbersome, characterized by overlapping functions, unclear responsibilities, and inconsistent authority. In April 2025, the Party therefore adopted a resolution calling for comprehensive reform of the political system, including changes to local governance to remove district-level administrative units. To this end, the resolution also calls for amendments to the relevant constitutional provisions on local government.

(...) [T]hese reforms take place in the context of Vietnam's transition from a socialist-oriented market economy to a more market-driven model.

The administrative reform aims to improve economic efficiency, reduce overlapping administrative functions, and consolidate resources. Restructuring the administrative system into two levels—provincial and communal—is expected to enhance state effectiveness. It is worth noting that these reforms take place in the context of Vietnam's transition from a socialist-oriented market economy to a more market-driven model—reflecting efforts to align with global market standards and a growing private economic sector. Despite this transition, unique aspects of the socialist-oriented economy persist, particularly the state's pivotal economic role. By reducing overlapping administrative functions, the reform seeks to limit unnecessary government intervention in the economy, thereby easing economic activities and expanding their scale. Finally, since economic development can consolidate the government’s performance-based legitimacy, the latter has paid great attention to institutional reforms that support economic growth. The effective performance of state institutions is seen as important to strengthen public trust in the government.

2. The Constitutional Drafting Committee Process and Public Consultation

Vietnam’s constitutional amendment procedure is set out in Article 120 of the 2013 Constitution. An amendment may be proposed by the State President, the National Assembly (NA) Standing Committee, or at least two-thirds of all NA members. Upon approval by two-thirds of the NA, a Constitutional Drafting Committee is to be established, responsible for drafting the amendments, organizing public consultations, and submitting the draft to the NA Assembly. Any constitutional amendment needs to be approved by at least two-thirds of the total number of NA members.

Amendment Initiative and Committee

On 6 May 2025, the NA adopted Resolution No. 194/2025/QH on amending the Constitution, officially initiating the constitutional amendment process, and Resolution No. 195/2025/QH15 establishing a Constitutional Drafting Committee. The committee, composed of 15 members, is chaired by the NA’s President, with other members including senior officials from the NA, the government, the Party, and major social-political organizations.

Draft Amendments

These notably establish a two-tier structure of local government by removing existing explicit reference to the district level. 

A draft was submitted by the committee on 6 May 2025 and proposes amendments to eight articles of the Constitution, including five articles relating to local governments. These notably establish a two-tier structure of local government by removing existing explicit reference to the district level. This change would enable the restructuring local governments into two levels—provincial and communal—effectively removing the intermediate district tier. A related change is the removal of the right of the People's Councils’—local representative bodies elected by the people to supervise government activities—to question local courts and procuracies. The justification given is that, under the ongoing judicial reform plan, district-level courts and procuracies will be replaced by regional ones that are no longer attached to specific administrative units. As a result, there will be no People's Councils at the corresponding level to exercise this right. If successful, these amendments would also incur changes to the Law on Local Government.

Apart from changes affecting local government, the draft amendments emphasize the central position of the Vietnam Fatherland Front (VFF)—a state-led umbrella organization headed by the Party that unites mass organizations and serves as a bridge between the people and the government—as the central organization of the national unity bloc. The amendments aim to create a constitutional basis for rearranging its member organizations and reducing overlapping functions. Under the proposed changes, the VFF Central Committee will gain the right to propose bills to the legislature, while this right will be removed from central agencies of its member organizations. On this new constitutional basis, The VFF will be reorganized into two levels: provincial and communal. All  VFF bodies at the district level will be abolished. In addition, the draft amendments underline the Vietnam General Confederation of Labor as the representative of workers at the national level in labor relations and international trade union affairs.

While the scope of institutional reforms in the bureaucracy is extensive, the constitutional amendments remain narrow, focusing on structural aspects of local governments. This is mainly because bureaucratic reforms, such as provincial mergers, can be undertaken through ordinary legislative procedures, whereas reforms of local government structure require a constitutional amendment due to the Constitution’s current provision of a three-tier local government system.

Legislative Deliberation

(...) [S]ome lawmakers raised substantive concerns on the amendments.

On 14 May 2025, the NA deputies deliberated on the draft in a plenary session. The vast majority agreed and expressed high consensus with the necessity, scope and content of the amendments. The debates primarily focused on linguistic issues, such as sentence structure and rephrasing. The prior political consensus on local government reform was clearly reflected in the legislative process, and the deliberation mainly served to justify the rationale behind the reforms publicly and enhance broader consensus around them. However, some lawmakers raised substantive concerns on the amendments. Several opposed the removal of the People's Councils’ right to question local courts and procuracies. One NA deputy pointed out that, despite the proposed judicial reforms, provincial-level people’s courts and procuracies would continue to operate. As a result, it remains necessary to preserve the right of the provincial People’s Council to question the heads of these institutions to protect and uphold justice.

Public Consultation

The draft constitutional amendments were released for public consultation on 6 May 2025, allowing citizens, experts and institutions to provide comments up until 5 June 2025. Public feedback is being collected through diverse formats—both online and offline—to ensure accessibility for all. The government receives online submissions through Vietnam’s Electronic Identification (VNeID) application, the NA’s Electronic Information Portal, and the government’s Electronic Information Portal. Individuals can also send written feedback to the relevant agencies. Agencies were advised to organize conferences and discussions to gather input from targeted groups, experts, and scientists, based on their responsibilities and needs. Local authorities were encouraged to collect public opinion through approaches tailored to their specific contexts, in line with legal provisions on grassroots democracy.

As of 14 May 2025, the VNeID application already received more than 4,3 million opinions on amending the constitution, with 99.9% approving and only 0.06% disapproving.

As of 14 May 2025, the VNeID application already received more than 4,3 million opinions on amending the constitution, with 99.9% approving and only 0.06% disapproving. Respondents represented a wide range of ethnic groups, including Kinh, Thai, Tay, Muong, and Mong. The application of technology in the constitutional process promoted efficiency. Like the legislative deliberation, the public consultation reflected strong consensus with the constitutional reforms—public support that consolidates the legitimacy of the process.

Adoption

Upon concluding the public consultation period, the committee will revise the draft amendments, incorporate public feedback, and prepare a final version to be submitted to the NA for a final vote, which requires approval by at least two-thirds of all deputies. While the Constitution states that the NA may hold a referendum on constitutional amendments, this is optional. With broad consensus on the constitutional reform already reflected in public consultation feedback—and the fact that Vietnam has never held one—a constitutional referendum is unlikely to take place. It is expected that the NA will adopt the amendments by 30 June 2025, with the changes coming into force on 1 July 2025. Given the existing consensus on the draft, the amendments are likely to be passed without significant opposition.

3. Potential Impact of the Amendments

Upon adoption of the constitutional amendments, 696 district units will be abolished, affecting a significant number of staff and officers working in district-level governments.

The proposed changes may appear technically limited, involving only a few constitutional provisions on local governments, but their impact is substantial. Upon adoption of the constitutional amendments, 696 district units will be abolished, affecting a significant number of staff and officers working in district-level governments. Moreover, provincial and communal governments will be restructured to take over responsibilities previously performed by the district governments.

In addition, the amendments will not only directly impact the administrative system, but also the judicial and procuracy systems. In fact, the abolition of district-level governments will lead to changes in the court structure and the allocation of human resources at that level. On 8 May 2025, the Chief Justice of the Supreme People's Court presented an amendment to the Law on the Organization of People's Courts to reflect the proposed reform. According to this draft, the court system would shift from four levels to three: the Supreme People's Court, the provincial People's Courts, and the regional People's Courts. The Superior Court will be abolished, and the district court levels will be reorganized as regional People's Courts. Since courts are organized in parallel with administrative units, changes in local government will require corresponding changes in the local courts system.

The procuracy is currently debating how to restructure in response to these reforms. Some suggest that it should follow the court system to ensure unity between the two. However, others argue that the procuracy should not be merged into a regional structure, but should retain its current structure, because the district-level procuracies can perform their functions and prosecutorial powers at the regional courts of first instance.

4. Stakeholders’ Views and Likely Next Steps

A vast number of stakeholders support the constitutional amendments, viewing them as necessary for promoting the efficiency of local governance and, therefore, economic development. Political leaders, legislators, experts, and others have expressed a high degree of consensus on the reforms.

(...) [S]ome dissidents have questioned the legitimacy of the constitutional amendment process, criticizing that it was initiated by a decision of the Party rather than the legislature.

However, some dissidents have questioned the legitimacy of the constitutional amendment process, criticizing that it was initiated by a decision of the Party rather than the legislature. In the Vietnamese single-party system, the Party holds leadership over the state and society. Constitutional and legal reforms are normally initiated by the Party, with formal reform procedures based on the Party’s policy direction and leadership. In addition, NA deputies have expressed disagreement over curtailing the People's Councils’ right to question local judicial bodies, illustrating the NA’s role not only as a body that justifies, but also one that contests constitutional reforms.

The Party leadership has also anticipated that the Constitution may be more comprehensively revised at the next Party congress in 2026.

If the constitutional amendments are adopted, the next steps will involve legislative reform. The NA will need to revise relevant statutes on local governments, courts, and the procuracy as changes to the structure of local governments will have a systematic effect on other state institutions. The Party leadership has also anticipated that the Constitution may be more comprehensively revised at the next Party congress in 2026. Given that the structure and functions of state institutions in the Vietnamese constitutional system are interdependent, comprehensive institutional reforms will require more than changes to local government provisions, and future extensive constitutional reforms are therefore likely and sensible.

Nguyen Thi Phuong is a PhD candidate at the City University of Hong Kong School of Law. She holds bachelor's and master's degrees in law from Vietnam National University-Hanoi and a master's in Asian Studies from Nanyang Technological University in Singapore.

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Suggested citation: Nguyen Thi Phuong, ‘Vietnam’s 2025 Constitutional Reform: Reconstructing Local Governments’, ConstitutionNet, International IDEA, 23 May 2025, https://constitutionnet.org/news/voices/vietnams-2025-constitutional-reform-reconstructing-local-governments

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