Gender mainstreaming in the development of legal documents from a practical perspective
15/11/2024
On achievements: Resolution No. 27-NQ/TW assessed that after 37 years of national renovation, the construction of the Socialist Republic of Vietnam's rule of law state has achieved very important achievements in both theory and practice, in terms of legislation, executive and judicial powers. Theoretical awareness of the Socialist Republic of Vietnam's rule of law state is increasingly unified, complete and profound. The legal system is increasingly improved; the role of law and law enforcement is emphasized in the organization and operation of the State as well as in society. The mechanism of assignment, coordination and control among State agencies in the implementation of legislative, executive and judicial powers is increasingly clearer. The State apparatus is gradually streamlined, operating effectively and efficiently. Human rights and civil rights under the Constitution continue to be concretized by law and better implemented in practice; democracy is strengthened. The model ...
Regarding limitations: some theoretical and practical issues on the Socialist Rule of Law State have not been fully and convincingly explained; the organization of the State apparatus and the legal system are still inadequate. State power has not been effectively controlled, the mechanism for controlling power has not been perfected; the awareness of law observance of some officials, Party members and people is not strict; administrative reform and judicial reform have not met the requirements of national development.
Resolution No. 27-NQ/TW pointed out the objective and subjective causes of the limitations: the construction of the Socialist Rule of Law State of Vietnam is a big, complicated, and long-term issue; the work of summarizing practices and researching theories has not received due attention; the leadership and direction of a number of Party committees, Party organizations, and authorities are not commensurate with the requirements.
The Party's guiding viewpoint on continuing to build and perfect the socialist rule-of-law state of Vietnam:
First, combine steadfastness and creativity in applying and developing theory. Resolution No. 27-NQ/TW requires: “Be steadfast, apply and creatively develop Marxism-Leninism and Ho Chi Minh Thought; be steadfast in the goal of national independence and socialism; be steadfast in the path of innovation and ensure the leadership and governance of the Party” (3). Our Party identifies Marxism-Leninism and Ho Chi Minh Thought as the ideological foundation of the Party, the compass for revolutionary action. Therefore, we must be steadfast in Marxism-Leninism and Ho Chi Minh Thought, but at the same time, we must apply and develop them creatively. Steadfastness and creativity are two sides of a dialectically unified issue; steadfastness must be based on creativity, otherwise we will fall into dogmatism and conservatism. On the other hand, creativity must be based on steadfastness, otherwise we will fall into revisionism, opportunism, extremism, and metaphysics. Applying Marxist-Leninist theory and Ho Chi Minh thought to building and perfecting the Socialist rule of law state of Vietnam requires us to firmly grasp the viewpoints of Marxism-Leninism and Ho Chi Minh thought on the origin, nature, functions and tasks of the socialist state and law, of socialist democracy, to apply them creatively and appropriately to the current conditions of our country, not to accept political pluralism, multi-party opposition, and not to follow the institution of separation of powers.
Therefore, we must be steadfast in the innovation path, while constantly strengthening the summary of practices and theoretical research to supplement and perfect the theory of the innovation path. At the same time, Resolution No. 27-NQ/TW also requires “firmly grasping and handling well the major relationships between the Party’s leadership, the State’s management and the People’s mastery; between the State, the market and society; between practicing socialist democracy and strengthening the rule of law, ensuring social discipline”; considering the continued building and perfecting of the socialist rule of law State as the central task of political system innovation and must be placed in the overall work of building and rectifying the Party and a clean and strong political system. Our Party is the ruling party, leading the State and society, therefore the Party, the State and the political system have a close relationship with each other. The State institutionalizes the Party’s guidelines and policies into policies and laws to manage society and develop the country. Therefore, if the Party wants to be strong, the State and the political system must also be strong. Therefore, building the State and the political system is also building the Party. The Party cannot be separated from the State, the Party's leadership from the State's management and administration.
Second, “all state power belongs to the people”, “state power is unified, with clear division of labor, close coordination, and effective control among state agencies in the exercise of legislative, executive, and judicial powers, under the supervision of the people”. The above viewpoint shows that the nature of Vietnamese state power belongs to the people, the people are the supreme subject of state power. President Ho Chi Minh affirmed: “Power and force are in the people”, power is unified, not shared, there is no separation of three powers but only three powers of division, coordination, control, and supervision, state power belongs to the people, by the people, and for the people. On the other hand, the above viewpoint shows both the socialist nature and the people's nature of our State, the democratic and rule of law nature , the humane nature of the State, and reflects the overall organization of our State apparatus.
Resolution No. 27-NQ/TW pointed out the objective and subjective causes of the limitations: the construction of the Socialist Rule of Law State of Vietnam is a big, complicated, and long-term issue; the work of summarizing practices and researching theories has not received due attention; the leadership and direction of a number of Party committees, Party organizations, and authorities are not commensurate with the requirements.
The Party's guiding viewpoint on continuing to build and perfect the socialist rule-of-law state of Vietnam:
First, combine steadfastness and creativity in applying and developing theory. Resolution No. 27-NQ/TW requires: “Be steadfast, apply and creatively develop Marxism-Leninism and Ho Chi Minh Thought; be steadfast in the goal of national independence and socialism; be steadfast in the path of innovation and ensure the leadership and governance of the Party” (3). Our Party identifies Marxism-Leninism and Ho Chi Minh Thought as the ideological foundation of the Party, the compass for revolutionary action. Therefore, we must be steadfast in Marxism-Leninism and Ho Chi Minh Thought, but at the same time, we must apply and develop them creatively. Steadfastness and creativity are two sides of a dialectically unified issue; steadfastness must be based on creativity, otherwise we will fall into dogmatism and conservatism. On the other hand, creativity must be based on steadfastness, otherwise we will fall into revisionism, opportunism, extremism, and metaphysics. Applying Marxist-Leninist theory and Ho Chi Minh thought to building and perfecting the Socialist rule of law state of Vietnam requires us to firmly grasp the viewpoints of Marxism-Leninism and Ho Chi Minh thought on the origin, nature, functions and tasks of the socialist state and law, of socialist democracy, to apply them creatively and appropriately to the current conditions of our country, not to accept political pluralism, multi-party opposition, and not to follow the institution of separation of powers.
Therefore, we must be steadfast in the innovation path, while constantly strengthening the summary of practices and theoretical research to supplement and perfect the theory of the innovation path. At the same time, Resolution No. 27-NQ/TW also requires “firmly grasping and handling well the major relationships between the Party’s leadership, the State’s management and the People’s mastery; between the State, the market and society; between practicing socialist democracy and strengthening the rule of law, ensuring social discipline”; considering the continued building and perfecting of the socialist rule of law State as the central task of political system innovation and must be placed in the overall work of building and rectifying the Party and a clean and strong political system. Our Party is the ruling party, leading the State and society, therefore the Party, the State and the political system have a close relationship with each other. The State institutionalizes the Party’s guidelines and policies into policies and laws to manage society and develop the country. Therefore, if the Party wants to be strong, the State and the political system must also be strong. Therefore, building the State and the political system is also building the Party. The Party cannot be separated from the State, the Party's leadership from the State's management and administration.
Second, “all state power belongs to the people”, “state power is unified, with clear division of labor, close coordination, and effective control among state agencies in the exercise of legislative, executive, and judicial powers, under the supervision of the people”. The above viewpoint shows that the nature of Vietnamese state power belongs to the people, the people are the supreme subject of state power. President Ho Chi Minh affirmed: “Power and force are in the people”, power is unified, not shared, there is no separation of three powers but only three powers of division, coordination, control, and supervision, state power belongs to the people, by the people, and for the people. On the other hand, the above viewpoint shows both the socialist nature and the people's nature of our State, the democratic and rule of law nature , the humane nature of the State, and reflects the overall organization of our State apparatus.