Introduction
The socialist republic of Vietnam initiated the process of amending the 1992 Constitution but eventually adopted a new constitution in 2013. This chapter examines state-owned enterprises as a key issue in Vietnam's 2013 constitutionmaking process.
While Western constitutions tend to focus more on political and individual rights, the constitutions of developing countries, Vietnam included, tend to also encompass their national economic identities, ideology, and aspirations.1 For economic constitutions, the constitutional-making process thus can provide a public and national platform for different stakeholders to debate the country's state-market relations, the roles of institutional actors, and other important economic questions.2 Debates on state-owned enterprises during Vietnam's 2013 constitutional-making process indeed reveal such a vibrant dynamic, at a critical time where the country was facing increased public dissatisfaction with an inefficient state sector and an urgent need for market reforms.The chapter proceeds as follows. Section II provides a brief background on Vietnamese state-owned enterprises. Section III examines state-owned enterprises as a major cause driving the 2013 constitutional-making process. Section IV studies the discourse on state-owned enterprise reforms during the drafting debates. Section V then canvases the substantive results and subsequent implementation of the new 2013 Constitution as relating to state-owned enterprises (SOEs), followed by a brief conclusion.
1Bui Ngoc Son, ‘Economic Constitutions in the Developing World' (2019) Law and Development Review 12, 669-90.
2 ibid.
II.
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