IMPROVING COMMERCIAL LAW FROM THE PERSPECTIVE OF ECONOMIC SECURITY
12/11/2024
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.
Third, upholding the Constitution and the law in the organization and operation of the State as well as in social management. This viewpoint clearly demonstrates the rule of law nature of our State, while at the same time attaching importance to education and social ethics; advocating that people are the center, goal, subject and driving force of national development; the State respects, guarantees and protects human rights and civil rights. The Socialist Republic of Vietnam's rule of law unifies the rule of law and the rule of virtue; socialist law is the law for the people, by the people, and of the people. Therefore, it is necessary to fight, criticize and reject the viewpoints of hostile forces that aim to deny and distort the achievements in protecting human rights of our Party and State.
Fourth, inherit and develop, combine national strength with the strength of the times, ensure the highest national and ethnic interests, firmly protect independence, sovereignty, unity and territorial integrity, national security, and the socialist regime. To build and perfect the Socialist Republic of Vietnam, it is necessary to inherit the achievements of the nation, at the same time selectively absorb international experience, apply it appropriately to the country's reality and the development trend of the times. In the context of many complex and unpredictable changes in the world, it is necessary to firmly grasp the requirements of ensuring the highest national and ethnic interests on the basis of the fundamental principles of the United Nations Charter and international law, ensure rapid and sustainable development of the country, and firmly protect the Socialist Republic of Vietnam.
Fifth, dialectically and harmoniously combine legislative innovation, administrative reform, and judicial reform; between inheritance, stability, and development; between the whole, synchronization, and connection with the focus and key points, and take firm steps in building and perfecting the Socialist Rule of Law State. Building the Socialist Rule of Law State of Vietnam is a new and very important issue, related to the destiny of the nation and people. Therefore, the steps must be firm, resolute, but cautious, avoiding dogmatism, mechanicalness, haste, and subjectivity; issues that have been summarized, clarified, and proven correct by practice and have high consensus must be resolutely carried out. Issues that are unclear and have many different opinions must continue to be researched, summarized in practice, and piloted to draw conclusions.
Based on the above methodological viewpoint, Resolution No. 27-NQ/TW has identified general and specific goals by 2030 with three focuses: 1) Perfecting the legal system and the mechanism for organizing strict and consistent law implementation, ensuring respect for the Constitution and the law; improving the quality of legal human resources; 2) Perfecting the mechanism for controlling state power; promoting the prevention and fight against corruption and negativity; continuing to promote administrative reform; strengthening decentralization, clarifying the functions, tasks and powers of organizations and individuals in the state apparatus along with improving enforcement capacity, building a streamlined state apparatus that operates effectively and efficiently; 3) Promoting judicial reform, ensuring the independence of the court according to its jurisdiction, judges and jurors adjudicating independently and only obeying the law.
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.
Third, upholding the Constitution and the law in the organization and operation of the State as well as in social management. This viewpoint clearly demonstrates the rule of law nature of our State, while at the same time attaching importance to education and social ethics; advocating that people are the center, goal, subject and driving force of national development; the State respects, guarantees and protects human rights and civil rights. The Socialist Republic of Vietnam's rule of law unifies the rule of law and the rule of virtue; socialist law is the law for the people, by the people, and of the people. Therefore, it is necessary to fight, criticize and reject the viewpoints of hostile forces that aim to deny and distort the achievements in protecting human rights of our Party and State.
Fourth, inherit and develop, combine national strength with the strength of the times, ensure the highest national and ethnic interests, firmly protect independence, sovereignty, unity and territorial integrity, national security, and the socialist regime. To build and perfect the Socialist Republic of Vietnam, it is necessary to inherit the achievements of the nation, at the same time selectively absorb international experience, apply it appropriately to the country's reality and the development trend of the times. In the context of many complex and unpredictable changes in the world, it is necessary to firmly grasp the requirements of ensuring the highest national and ethnic interests on the basis of the fundamental principles of the United Nations Charter and international law, ensure rapid and sustainable development of the country, and firmly protect the Socialist Republic of Vietnam.
Fifth, dialectically and harmoniously combine legislative innovation, administrative reform, and judicial reform; between inheritance, stability, and development; between the whole, synchronization, and connection with the focus and key points, and take firm steps in building and perfecting the Socialist Rule of Law State. Building the Socialist Rule of Law State of Vietnam is a new and very important issue, related to the destiny of the nation and people. Therefore, the steps must be firm, resolute, but cautious, avoiding dogmatism, mechanicalness, haste, and subjectivity; issues that have been summarized, clarified, and proven correct by practice and have high consensus must be resolutely carried out. Issues that are unclear and have many different opinions must continue to be researched, summarized in practice, and piloted to draw conclusions.
Based on the above methodological viewpoint, Resolution No. 27-NQ/TW has identified general and specific goals by 2030 with three focuses: 1) Perfecting the legal system and the mechanism for organizing strict and consistent law implementation, ensuring respect for the Constitution and the law; improving the quality of legal human resources; 2) Perfecting the mechanism for controlling state power; promoting the prevention and fight against corruption and negativity; continuing to promote administrative reform; strengthening decentralization, clarifying the functions, tasks and powers of organizations and individuals in the state apparatus along with improving enforcement capacity, building a streamlined state apparatus that operates effectively and efficiently; 3) Promoting judicial reform, ensuring the independence of the court according to its jurisdiction, judges and jurors adjudicating independently and only obeying the law.