Provisions on Special Administrative-Economic Units in the 2013 Amended Constitution from the perspective of safeguarding national sovereignty: Lessons from China and proposals for Vietnam

Abstract

In the ongoing process of regional and international integration, special administrative and economic units are considered strategic instruments to optimize national resource utilization and accelerate socio-economic development. The 2013 Constitution of the Socialist Republic of Vietnam formally introduced the concept of "special administrative-economic units" in its administrative framework under Article 110. However, due to their exceptional nature, such units have not yet been implemented in practice. This delay stems from both internal challenges, particularly limitations in governance mechanisms, and external concerns, notably those relating to national political and economic security. This study applies a qualitative doctrinal and comparative legal method focusing on the 2013 Constitution of Vietnam and China’s SEZ model. From the experience of the People's Republic of China, a country that pioneered and diversified its system of special economic zones while maintaining centralized oversight to safeguard national sovereignty, this paper critically examines Vietnam's constitutional and legal framework concerning special administrative-economic units.  The analysis underscores the necessity of establishing a legal mechanism that balances economic openness with the imperative of sovereign integrity, and proposes key recommendations aimed at refining Vietnam’s legal and institutional approach to these units, ensuring their alignment with national interests while promoting sustainable economic development and safeguarding territorial sovereignty throughout their establishment and operation.