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Lê Giang wrote this Vietnamese article, published in Luật Khoa Magazine on June 11, 2025.

Freedom of expression is widely recognized as a fundamental human right, enshrined in the constitutions of most nations—their social contracts; this principle holds true for Việt Nam as well. The history of legislating freedom of expression as a constitutional right within this nation reveals how it has been legally constructed and interpreted through various iterations over time.

Throughout its history, Việt Nam has adopted seven constitutions, each acknowledging freedom of expression to varying degrees. However, the interpretation and implementation of this right have evolved considerably, influenced by the nation's changing political and historical contexts.

Freedom of Expression Under the Republic of Việt Nam (1954 - 1975) The treatment of freedom of expression in the constitutions of the Republic of Việt Nam is detailed in the following table:

Constitution

Provision

Explanation

1956 Constitution

Article 16:

“All citizens shall have the right to freedom of speech. This right shall not be used for slander, defamation, offenses against public morality, incitement to rebellion, or subversion of the republican regime.

All citizens shall enjoy freedom of the press to contribute to truthful and constructive public opinion, which the State is responsible for protecting against distortion.”

Citizens were entitled to freely express their views though with clear legal boundaries. The provision set limits to prevent slander, incitement, or subversion, reflecting a balance between personal expression and societal order.

Unlike authoritarian regimes that treat the press as a propaganda tool, this constitution emphasized the press' role in truth-telling and placed the burden on the State to safeguard authentic public discourse.

1967 Constitution

Article 12:

“1. The State respects freedom of thought, speech, press, and publication, as long as their exercise does not harm personal honor, national security, or public morality.

2. Censorship is not permitted, except in cinema and theater.

3. A separate law shall regulate the press.”

While affirming basic freedoms, the 1967 Constitution introduced common democratic caveats, imposing restrictions on rights to protect public order and individual dignity.

It also abolished censorship, except in specified fields, and delegated press regulation to a separate law.

Overall, the constitutions of the Republic of Việt Nam demonstrated a notable progression in recognizing and safeguarding freedom of expression.

The 1956 Constitution, established under the First Republic, acknowledged this right but imposed strict political constraints, prioritizing order over public dissent while still framing the State as the protector of truth in journalism.

By 1967, following political turmoil and the collapse of the family-run regime, constitutional thought shifted significantly. Freedoms of thought and the press were strengthened, censorship was curtailed, and legislative authority over the press was assigned to the National Assembly. Despite wartime limitations, these changes clearly indicated a movement toward the rule of law and democratic norms.

Freedom of Expression Under the Socialist Constitutions of the Democratic Republic of Vietnam (1945 - 1976) to the Socialist Republic of Vietnam (1976 - present) Constitution

Provision

Explanation

1946 Constitution

Article 10:

“Vietnamese citizens have the right to freedom of speech, publication, assembly, association, belief, and residence, as well as freedom of movement within and outside the country.”

Strongly asserted civil liberties in the spirit of bourgeois democracy, without legal limitations.

1959 Constitution

Article 25:

“Citizens of the Democratic Republic of Việt Nam enjoy freedom of speech, press, assembly, association, and demonstration. The State guarantees the material conditions necessary to exercise these rights.”

Built upon the 1946 constitution, and put the burden of implementation on the State.

1980 Constitution

Article 67:

“Citizens have the right to freedom of speech, press, assembly, association, and demonstration, in accordance with the interests of socialism and the people. The State ensures the material conditions for exercising these rights. No one may misuse these rights to harm the interests of the State or the people.”

The first to impose explicit limitations on freedom of expression.

Rights were made subservient to socialist goals and framed as conditional.

1992 Constitution

Article 69:

“Citizens have the right to freedom of speech and the press, to access information, and to assembly, association, and demonstration as provided by law .”

It marked a shift during the Đổi Mới era, granting more openness but with increased legal restrictions.

2013 Constitution

Article 25:

“Citizens have the right to freedom of speech, the press, access to information, assembly, association, and demonstration. The exercise of these rights is governed by law. ”

The list of recognized rights was expanded compared to the 1992 Constitution, yet legal constraints were retained, effectively permitting sub-constitutional laws to limit their application.

The 1946 Constitution stands as a historical landmark, not only as Việt Nam's first constitution but also for its strong emphasis on civil liberties and progressive patriotism. Article 10 guaranteed a wide array of fundamental rights without reservation. Hồ Chí Minh notably declared , "The government is the servant of the people," articulating a democratic vision where the state facilitates rather than restricts personal freedoms.

Consequently, the 1946 Constitution represents not merely a legal milestone but also a significant political and moral legacy—a fusion of national law and international democratic values.

From 1946 to 2013, freedom of expression in Việt Nam underwent significant transformation. While early constitutions embraced this right unconditionally, subsequent versions increasingly embedded it within various limitations and conditions. This evolution reflects a shift in the State’s approach to the citizen-state power relationship.

Later constitutions introduced qualifying phrases such as "in accordance with the interests of socialism" or "as provided by law," which effectively curtailed the right's substantive scope. This legislative trend, influenced by Marxist-Leninist ideology, subordinates individual freedoms to the demands of class struggle and revolutionary objectives.

The 2013 Constitution is often cited as a step forward in Việt Nam's constitutional system. However, its expansion of rights is often offset by vague legal provisions. The persistent use of the phrase "as provided by law" creates a legal gray zone, placing the actual realization of constitutional rights at the discretion of subordinate legislation.

To date, Việt Nam continues to lack key legislation, such as a Law on Demonstrations and a Law on Associations. Press freedom remains severely restricted, as all media outlets are state-owned and independent journalism is prohibited. Therefore, Article 25 of the 2013 Constitution, despite its progressive appearance, in practice serves as a mechanism to defer or undermine constitutional freedoms.

Furthermore, recent laws, including the 2018 Cybersecurity Law and the 2016 Press Law, have reintroduced stricter limits than even those outlined in the Constitution, particularly regarding state control over dissenting content and public discourse. In essence, while the 2013 Constitution displays nominal progress, it still embodies a formalistic resistance to genuine freedom of expression.

That is, while the right is formally recognized, its implementation remains entirely dependent on the political will of those in power.

In the last and final installment of this series, we will revisit freedom of expression in Vietnam through its three main avenues—the press, assembly, and protest—to better understand where the people's right to raise their voices stands as the country enters a new era of ambition and transformation as stated by the Communist Party of Việt Nam.

Freedom of Expression in Việt Nam – Part 6: Evolution in the Nation’s Constitutions

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