Building the Vietnamese law-ruled State is a historical process that started right from the Declaration of Independence in 1945 and the Constitution of 1946 - Photo: csnd.vn

1. In the current reform process in the country, one of the important requirements is to build a strong socialist political system that operates effectively and efficiently. This is also a top concern at the 13th Party Congress which identified many breakthrough contents in the reform of the socialist political system in the country today, that is: reforming the leadership method of the Communist Party of Vietnam; building the socialist law-ruled State of the people, by the people and for the people; reforming the organization and operation of the Vietnam Fatherland Front and socio-political organizations in the new context and situation.

2. Building a socialist law-ruled State of the people, by the people, for the people comes from the orientation of the road to socialism with the goal of national independence associated with socialism, aiming building a “Rich people, strong country, democracy, justice and civilization” social system. Building the Vietnamese law-ruled State is a historical process that started right from the Declaration of Independence in 1945 and the Constitution of 1946, oriented in Ho Chi Minh’s thought on state building. This process has undergone more than 75 years of construction and development of the country and is being further promoted in the period of comprehensive reform of the country. The 13th Party Congress advocated and oriented “Building and perfecting the socialist law-ruled State that is transparent, strong, streamlined, effective and efficient, for the people and for the development of the country. Strengthening publicity, transparency, accountability, control of power in association with tightening discipline and rules in activities of the State and of cadres, civil servants and public employees. Continuing to step up the fight against corruption, wastefulness, bureaucracy, crime and social evils”⁽¹⁾, “continuing to build the socialist law-ruled State that promotes development, integrity, and action”⁽²⁾. This policy and orientation represents the Party’s new thinking and qualitative development for the content of building the socialist law-ruled State of the people, by the people and for the people in Vietnam today.

In recent years, the Party, State and people have carried out the task of building and perfecting the socialist law-ruled State of the people, by the people and for the people in the context that the country is facing many opportunities and challenges, many new strategic issues to be resolved. From the international and regional situation, it is forecast that there will continue to have very complicated and unpredictable developments, that is, the global challenges of international integration, the achievements of scientific and technological progress, climate change, natural disasters, epidemics... in the country, the four risks that the Party has identified as they still exist and are in danger of having a more severe impact on the cause of national construction and development, that is: the risk of falling further behind in terms of the economy compared with many countries in the region and in the world, due to the low starting point; the risk of going the wrong way, deviating from the socialist orientation; the risk of corruption and bureaucracy and wastefulness; the risk of “peaceful evolution” of hostile and reactionary forces. At the same time, the country is facing many great challenges that directly threaten the life of the Party and the existence of the regime, such as: plots to act against, cause riots, and overthrow of hostile forces, increasingly malicious and dangerous reactionaries; increasing threats to territorial sovereignty in the East Sea, associated with the challenge of handling relations with major countries and maintaining the prestige of the Party and the regime before the People; complicated situation of “self-evolution” and “self-transformation” internally associated with the decline in people’s confidence. However, with high political determination, the will to self-reliance, solidarity and unity, our Party has focused on leading and perfecting the institution, position, nature, functions, tasks and mode and mechanism of operation, improving the effectiveness and efficiency of the socialist ruling system, ensuring the relationship between Party leadership, State management, people’s ownership, contributing to building and perfecting the socialist law-ruled State of the people, by the people and for the people. 

After summarizing and evaluating the construction and perfection of the socialist rule of law State in the 2016-2021 term, the Party has recognized that “Building the socialist law-ruled  State has made great progress, the state apparatus organization has continued to be perfected, operating more effectively and efficiently; ensuring the synchronous exercise of legislative, executive and judicial powers”⁽³⁾. The state apparatus has been initially rearranged in the direction of streamlining in association with downsizing the staff, operated effectively and efficiently. The National Assembly’s activities in exercising constitutional and legislative powers, deciding important issues of the country and supreme supervision have had many quality and effective innovations. The People’s Councils at all levels have undergone many innovations, and been actually the local state authority. The roles and responsibilities of deputies to the National Assembly and People’s Councils at all levels have shown more clearly, representing the will and aspirations of the people. Government activities have been proactive, active, creative and innovative, focusing more on macro management and administration. Administrative reform has achieved many results, aiming to build e-Government, digital government, digital economy, digital society and digital citizen. The organization of the local government apparatus has been rearranged in a lean direction, paying attention to building urban government, rural government, towards building e-government. Judicial reform has made many breakthroughs, making important contributions to protecting the interests of the State, the socialist regime, the legitimate rights and interests of organizations and individuals, respecting, protecting, ensuring human rights, civil rights. The organization and operation of the People’s Court, People’s Procuracy, investigation agency and judicial auxiliary agencies (attorneys, notaries, experts, etc.) have continued to be consolidated, the quality of operations made much progress, making an important contribution to the judicial reform. The mechanism of assignment, coordination and control of state power among state agencies in the exercise of legislative (National Assembly), executive (Government) and judicial (People’s Court) powers has been increasingly clearer and have many positive changes. The legal system has been completed in a fundamental step. The role of law and law enforcement is increasingly focused in the organization and operation of the State and social life. In addition to the results achieved, the document of the 13th Party Congress stated: “Building the socialist law-ruled State has not yet met the requirements of socio-economic development and management of the country in the new situation. The issue of synchronous innovation and the compatibility between economy and politics, culture and society, and between economic innovation and innovation in the organization and operation of the state apparatus has had a number of confusing aspects. The power control mechanism has been still incomplete; the People’s supervisory role has not been strongly promoted. The organization and operation of local governments in some places have not yet been renewed strongly; functions, tasks and decentralization have not been very transparent, the operations’ effectiveness and efficiency have been still limited. The number of commune-level cadres and civil servants in public non-business units has been still too large; quality, capacity and reputation have limited, lacked professionalism, have not met the requirements and tasks in the new situation. The legal system still has had a number of inconsistent regulations that do not meet practical requirements in time. Compliance with the law has generally not been strict; discipline in the country have in some places, sometimes even overlooked, handling of law violations has not been timely, sanctions have not been enough deterrent. Administrative reform and judicial reform have not fully met the country’s development requirements”⁽⁴⁾.

3. In the coming time, the task of building the socialist law-ruled State of the people, by the people, for the people is posing new and higher demands to meet the cause of construction and aspiration to develop a prosperous, happy and internationally integrated country. Therefore, the XIII Party Congress oriented: “Continue to build and perfect the Vietnamese socialist law-ruled State of the people, by the people and for the people led by the Party that is the central task of the political system reform. Improve the capacity, effectiveness and efficiency of the State’s activities. Better define the roles, positions, functions, tasks and powers of state agencies in the exercise of legislative, executive and judicial powers on the basis of the rule of law principles, ensuring the state power is unified and has a clear division, closely coordinate and strengthen control over state power. Build a complete, timely, synchronous, unified, feasible, public, transparent, and stable legal system, taking the legitimate rights and interests of people and businesses as the focus to promote innovation, ensuring the requirements of fast and sustainable development”⁽⁵⁾.

Continuing to renew and perfect the state apparatus at the request of the Vietnamese socialist law-ruled State should be carried out synchronously, from determining the position of the state’s pillar in the socialist political system, restructuring the functions, tasks and responsibilities of state agencies in the process of developing a socialist-oriented market economy, renovating each component constituting the state apparatus, practicing and promoting democracy to building and perfecting the legal system in association with law enforcement organization. Accordingly, it is necessary to focus on the following core and key contents(6):

Firstly, continue to renew the organization and operation of the National Assembly, ensuring that the National Assembly is truly the highest representative body of the people, the highest state power agency of the Socialist Republic of Vietnam. Innovate methods, improve operational quality and efficiency, promote democracy and the rule of law, increase professionalism in the organization and operation of the National Assembly, in exercising legislative functions, and deciding on important issues of the country and supreme supervision of the activities of the state and society. Continue to innovate and improve the quality of the legislative process, focus on building and perfecting the socialist-oriented market economy institution; respect, ensure and protect human rights and civil rights; perfect the mechanism to protect the Constitution, the mechanism of monitoring, taking votes and voting votes of confidence for those holding positions elected or approved by the National Assembly or the People’s Council. Establish synchronously and link the supervision and social criticism mechanism of the Fatherland Front, socio-political organizations and the people. Ensure standards and structure, improve the quality of National Assembly deputies, reasonably increase the number of full-time deputies; reduce the number of deputies working in executive and judicial agencies.

Secondly, build a state administration that serves the people and is democratic, juridical, professional, modernized, clean, strong, open and transparent. Continue to renovate the organization and operation of the Government in the direction of streamlining, effectiveness and efficiency on the basis of rational organization of multi-disciplinary and multi-field ministries; fully promote the position, role, functions, duties and powers of the Government as the highest state administrative agency, exercising executive power and as the executive agency of the National Assembly, focus on macro management, building institutions, strategies, planning; strengthen the capacity to forecast, analyze and propose policies based on scientific and practical arguments in the context of a socialist-oriented market economy. Promote decentralization, clearly define responsibilities between the Government and ministries and branches; between the Government, ministries, branches and local governments; thoroughly overcome the overlapping of functions, tasks and powers; ensure unified state management, and at the same time promote the proactive, creative and responsible roles of each level and each branch. Improve the quality of public services; continue to rearrange and reorganize public non-business units in the direction of streamlining, quality assurance, and efficient operation.

Thirdly, continue to build a professional, modernized, just, fair, serious and honest Vietnamese judicial system, serving the Fatherland and the people. Judicial activities must protect justice, protect human rights, civil rights, protect the socialist regime and protect the interests of the State, and the lawful and legitimate rights and interests of organizations, individuals. Research and promulgate the Strategy for building and perfecting the Vietnamese socialist law -ruled State to 2030, with a vision to 2045, including the Strategy for Legal and Judicial Reform. Continue to renovate the organization, improve the quality, effectiveness, operational efficiency and reputation of the People’s Court, People’s Procuracy, investigation agency, judgment enforcement agency and other agencies and organizations involved in judicial proceedings; timely and lawfully settle all kinds of disputes and lawsuits according to the law; effectively prevent and fight against criminal activities and law violations. 

Fourthly, continue to perfect the organization of local governments in accordance with rural areas, urban areas, islands, special administrative and economic units as prescribed by law; implementing and summarizing the urban government pilot project in order to build and operate the urban government governance models in the direction of streamlining, effectiveness and efficiency. Link and renovate the organizational apparatus and operating mechanism of the Fatherland Front and socio-political organizations at all levels. Reform the decentralization of central and local budgets, ensure the leading role of the central budget, and improve the initiative and autonomy of local budgets.

Fifth, focus on building a contingent of cadres, civil servants and public employees with sufficient quality, capacity and credibility to serve the people and the development of the country. Strengthen discipline and discipline in parallel with reforming wages, remuneration regimes and policies, creating working environment and conditions to promote innovation and development; have a mechanism for selecting, training, attracting and using talents, encourage and protect cadres who dare to think, dare to speak, dare to do, dare to take responsibility, dare to innovate, dare to cope with difficulties and challenges and act decisively for the common good. At the same time, have a mechanism for screening and promptly replacing those who fail to fulfill their tasks, violate the law, public service ethics, professional ethics, are disciplined, and no longer have credibility with the People.

Sixth, closely link law-making with law enforcement organization. Focus on drastic direction, rational investment of resources and conditions to well perform the tasks of improving the effectiveness and efficiency of law enforcement organization, inspection, examination and handling of law violations; reform administrative procedures; consolidate the organization, rationally reduce the focal points, eliminate the middle level and downsize the staff. Promote the construction of e-Government, strengthen the connection and regular exchange of information between governments at all levels, between the government and the people and businesses.

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Endnotes:

(1), (2), (3), (4), (5), (6) CPV: Document of the 13th National Party Congress, Vol.I, National Political Publishing House, Hanoi, 2021, pp.118, 284, 71, 89-90, 174-175, 174-179.

MA. NGO DUY THI

People's Police Academy