Building a socialist state ruled by law key to political system reform
10/1/16
The viewpoints and institutions on the socialist state ruled by law have
been supplemented and improved one fundamental and important step
forward. Public understanding about building a socialist state ruled by
law of the people, by the people and for the people has increased. The
2013 Constitution asserts that
the Socialist Republic of Vietnam is
the country where the People are the masters; all the state power
belongs to the People and is based on the alliance of the working class,
the peasantry and the intelligentsia.
The principles of organizing the state power have been provided more completely in the 2013 Constitution:
The
state power is unified and delegated to state agencies which coordinate
with and control one another in the exercise of the legislative,
executive and judicial powers.
The functions, tasks, organizational apparatus and operation mechanism
of the state apparatus have been defined more clearly and important
progresses have been recorded in its activities. The role of law in the
organization and operation of the State and management of the society
has been upheld. Mechanisms for delegation, coordination and control of
power in the organization and operation of the State have been
established more clearly and implemented with certain achievements.
The National Assembly has significantly renewed its activities and
increased its operation quality. The legal system has been further
improved. The National Assembly has focused its oversight on the most
important and pressing issues of the country. The quality of debate and
decision on socio-economic development plans, state budget estimates and
national key projects and works has been improved. The Standing
Committee, the Ethnic Council and various Committees of the National
Assembly have substantially renewed their work contents and methods.
Responsibilities of National Assembly deputies have been raised.
Macro administration and management by the Government and ministries
have been more active in resolving major and important matters.
Importance has been further attached to administrative reforms which
have achieved initial positive results. Reform on organization of local
administrations, which is non-organization of district-level People’s
Councils on a trial basis, has been directed and reviewed to draw
experiences.
Many of the Party’s policies on judicial reform have been
institutionalized in the Constitution and law and implemented properly
with significant results. The organizational structures of People’s
Courts and People’s Procuracies and judicial assistance agencies have
been further strengthened. The operation quality of these institutions
has been improved as lawful rights and interests of organizations and
individuals have been better protected and injustices reduced.
Nevertheless, mechanisms for delegation, coordination and control of the
state power at various levels have not been determined clearly,
synchronously and effectively. The organizational apparatuses and
operation mechanisms of key institutions in the apparatus of the
socialist state ruled by law, including the National Assembly, the
President, the Government, and the judicial system, remain
inappropriate, ineffective and inefficient in certain aspects. Overlaps
and problems in the functions and tasks of institutions which affect the
unified state power and operation effectiveness of the State have not
been addressed. The legal system remains overlapping and inconsistent
with many regulations unsuitable for building a state ruled by law. The
legal system’s publicity, transparency, enforceability and stability
remain limited. Discipline in state management and civil duty
performance is still lax.
Administrative reforms remain slow and uncoordinated, failing to meet
requirements. Administrative procedures are still complicated and
inconvenient, thus barring the formation of a healthy, transparent and
effective social environment and business environment for development.
Renewal of the organization and operation of local administrations
remains slow with low effect and effectiveness in many localities.
Democracy, jurisdiction and accountability of local administrations at
various levels have not been defined clearly. The performance of some
judicial reform tasks is still slow. There remain harassment, negative
practices, injustices, overdue cases and omission of crimes. The
prevention and control of corruption and waste in state agencies and
among officials and civil servants, which remain serious, have failed to
meet requirements.
The above shortcomings and weaknesses can be largely attributed to the
causes that the building of a socialist state ruled by law is new for
our country; separation of the leadership of the Party from the
management and administration of the State has not been clearly
determined in some aspects; and the method and mechanism of the Party
leadership over the State at various levels have not been clearly
instutionalized and failed to adhere to the principles of a socialist
state ruled by law.
Orientations and tasks
To continue regarding the building of a socialist state
ruled by law and led by the Party as the focal task of the renewal of
the political system
In the organization and operation of the State, to ensure democracy and
adherence to the law-based principles to create positive changes and
achieve better results. Building a state ruled by law must be
legislatively, executively and judicially synchronous and be done
together with economic renewal.
To improve institutions, functions, tasks, methods and
mechanism of operation and raise the effect and effectiveness of the
socialist state ruled by law
To complete the functions, tasks, powers and organization of the State
in accordance with the 2013 Constitution to meet the requirements of a
socialist state ruled by law in the context of development of a
socialist-oriented market economy and international integration. The
State will be further organized and operate in accordance with, and
manage the society by, the Constitution and law, and adhere to the
democratic centralism principle. To determine more clearly the role, and
complete mechanisms to better deal with the State-market relation.
To lead the making, improvement and implementation of the legal system
according to the principles enshrined in the 2013 Constitution. To
guarantee that law is an instrument for the State to manage the society
and concurrently an instrument for the people to examine and supervise
the state power. To manage the country by law and concurrently attach
importance to building the social moral foundations.
To clearly determine the mechanism for delegation and coordination in
realization of the state power, particularly the mechanism to control
powers among state agencies in the exercise of the legislative,
executive and judicial powers on the basis of unified state power; to
determine more clearly the powers and responsibilities in each of these
powers. To concurrently provide more clearly the mechanism for
coordination in the exercise and control of power at administrations of
all levels. To further define the powers and responsibilities of central
and local agencies and of local administrations at each level.
To improve the organization, quality and effectiveness of the operation of the state apparatus
To renew the organization and operation of the National Assembly,
ensuring that the National Assembly is truly the highest representative
organ of the people and the highest state power organ. The National
Assembly will properly perform its legislative function, decide on
important issues for the country and conduct supreme oversight,
particularly for the management and use of national resources.
To well organize the implementation of the Law on Election of Deputies
to the National Assembly and Deputies to People’s Councils, ensuring the
structure and raising the quality of deputies and reasonably increasing
the number of full-time deputies.
To improve mechanisms to raise the quality and effectiveness of
activities, particularly legislative activities, of the National
Assembly and its deputies, mechanisms for supervision and assessment of
holders of posts elected or approved by the National Assembly. To better
the connection between the oversight by the National Assembly and
examination and supervision by the Party, the Vietnam Fatherland Front,
socio-political organizations and the public.
To complete the organizational structure of the Government, defining
more clearly the functions, tasks and powers of the Government as the
highest state administrative body exercising the executive power and
being the executive body of the National Assembly.
To speed up the implementation of the state administrative reform
program toward building a democratic, advanced, professional, dynamic,
effective and efficient administration serving the people. To improve
institutions of a democratic administration ruled by law, to define
responsibilities and mechanisms for accountability of state agencies; to
drastically streamline and remove cumbersome administrative procedures.
To promote civil-duty responsibilities and ethics of cadres and civil
servants; to push ahead the application of an e-government.
To continue to implement the judicial reform strategy, build a clean,
strong, democratic and strict rule-based judicial system which protects
justice, human rights, citizens’ rights, the socialist regime, the
State’s interests, and lawful rights and interests of agencies,
organizations and individuals. To clearly separate the administrative
management power from judicial responsibilities and power in the
organization and operation of justice agencies.
To organize the system of courts based on their jurisdiction; to
guarantee independence and adversarial principle in trial, to guarantee
the right to defense of the accused, defendants and involved parties.
People’s Procuracies will exercise the power to prosecute and supervise
judicial activities and be organized corresponding to the organizational
system of People’s Courts; to increase responsibilities of prosecutors
in investigation activities.
To strengthen investigation agencies, clearly defining their functions,
tasks, powers, and raising their operation quality and effectiveness.
To improve the quality and effectiveness of activities of lawyers and judicial support organizations.
Regarding local administrations: On the basis of guaranteeing
consistency, smoothness, effect and effectiveness of the national
administration, to clearly define the state management power and
responsibilities of local administrations at each level. The improvement
of the functions, tasks and organizational apparatus of local
administrations will be closely associated with the renewal of the
organization and operation mechanism of the Vietnam Fatherland Front
committees and socio-political organizations at all levels. To complete
the model of organization of local administrations suitable to
characteristics of rural, urban and island areas and special
administrative-economic units in accordance with law.
To attach importance to developing the contingent of cadres and civil servants
The Party will focus its leadership on setting directions and guidelines
and developing specific standards, criteria, mechanisms and policies.
To enhance democracy in personnel work, and clearly define
responsibilities and powers of each organization and each level in the
building of the contingent of cadres and civil servants with political
qualities and professional qualifications and capacity meeting
requirements of the renewal period. To pilot the people’s direct
election of officials at grassroots and district levels; to broaden
eligible examinees for recruitment of managerial personnel. To complete
the set of assessment criteria and mechanisms for examination,
supervision and control of the performance of civil duties; to clearly
define the powers and responsibilities of heads of administrative
agencies.
To review and revise entitlement policies to encourage cadres and civil
servants to improve their professional qualifications and skills and
civil duty ethics and fulfill their tasks; to end the egalitarianist
treatment of cadres and civil servants.
To step up the prevention and control of corruption and waste and
practice thrift in state agencies and among cadres and civil servants.-
(VLLF)
All comments [ 14 ]
It is enshrined in the 2001 amendments to the 1992 Constitution that “the Socialist Republic of Vietnam is a socialist state ruled by law of the people, by the people and for the people.”
In fact, the goal was established ages ago in the thought of Ho Chi Minh during his search for ways of national salvation, and in the first Constitution of the new Vietnamese state in 1946.
Since 1986, when Vietnam adopted the policy of Doi moi (renewal), there were important changes in the perception of the role of law in the development of the country under the leadership of the Communist Party of Vietnam.
I totally believe that Vietnam will achieve this target.
It was also notable that the role of law was strengthened in tandem with the improvement of the performance of the National Assembly, the only law-making body of the country.
It is necessary to realize that the building of a state ruled by law largely depends on the making and implementation of laws.
In the process of transition from the centrally-planning economy to the market economy, the economic reform in Vietnam has gained significant achievements.
The legal system has contributed to creating a good legal environment for business by protecting the right to do business and prohibiting unfair competition in conformity with the WTO’ rules.
In the field of economy, a series of laws have been passed, forming a stable and favorable environment for the development of various economic sectors - indispensable components of a socialist-oriented market economy.
Yeah, by exercising its constitutional and legislative powers, the National Assembly has created a firm legal basis for the development of a socialist-oriented market economy.
The National Assembly has significantly renewed its activities and increased its operation quality.
Many of the Party’s policies on judicial reform have been institutionalized in the Constitution and law and implemented properly with significant results.
The Party will focus its leadership on setting directions and guidelines and developing specific standards, criteria, mechanisms and policies.
The National Assembly will properly perform its legislative function, decide on important issues for the country and conduct supreme oversight, particularly for the management and use of national resources.
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