INTRODUCTION TO CONTINUING TO BUILD AND PERFECT THE SOCIALIST RULE OF LAW STATE OF VIETNAM IN THE NEW PERIOD
13/11/2024
Building and perfecting the Vietnamese socialist rule-of-law state is one of the major policies of our Party and State today. Therefore, studying theoretical and practical issues to clearly identify the content, characteristics and orientations in building and perfecting the Vietnamese socialist rule-of-law state in accordance with practical conditions in the spirit of the Platform for national construction in the transitional period to socialism, the Constitution, the documents of the 13th National Party Congress and especially Resolution No. 27-NQ/TW, dated November 9, 2022, the 6th Central Conference, 13th tenure, "On continuing to build and perfect the Vietnamese socialist rule-of-law state in the new period" is a very important requirement, thereby creating unity in the awareness and actions of cadres, party members and people on these contents.
1. Awareness of the Socialist Republic of Vietnam's rule of law state
Building a rule of law state is an inevitable trend of modern society. Depending on the conditions of each country and nation, there will be a specific model of a rule of law state. In Vietnam, building a socialist rule of law state is the central task of renewing the socialist political system.
Summarizing 35 years of comprehensive national renovation, our Party determined: “Building and perfecting a clean, strong, streamlined, effective and efficient socialist rule-of-law state, serving the people and the development of the country. Strengthening publicity, transparency, accountability, and control of power in conjunction with tightening discipline and order in the activities of the State and of cadres, civil servants, and public employees. Continuing to promote the fight against corruption, waste, bureaucracy, crime, and social evils”. This is one of the twelve major orientations to promote socio-economic development to 2030, with a vision to 2045, clearly affirmed in the Documents of the 13th National Party Congress. That affirmation shows that our Party and State pay special attention to the task of building a socialist rule-of-law state of Vietnam in the process of comprehensive national renovation, deep and effective international integration, and sustainable socio-economic development. This is considered one of the important "links" to realize the socio-economic development goals to the 100th anniversary of the founding of the Communist Party of Vietnam (2030 ) and the vision to the 100th anniversary of the founding of the Democratic Republic of Vietnam, now the Socialist Republic of Vietnam (2045).
However, in Vietnam today, the perception of the rule of law state in general and the Socialist Rule of Law State of Vietnam in particular is not unified. Legal research agencies and leading legal experts still have different and quite diverse views on the rule of law state, but in general, they agree on the common point of the rule of law state, which is: the rule of law state is not a type of state but a method of organizing the implementation of state power.
Theory and practice show that in a rule of law state, the people are the true subjects of state power, the people give power to the state through democratic mechanisms and supervise the exercise of state power according to democratic principles. Therefore, a rule of law state is a "concentrated expression of democracy", the center of a democratic political system. Members of society have the right to participate in state affairs, therefore, a rule of law state must be associated with a constitutional regime/constitutionalism, a democratic, progressive, humane legal system, to ensure that the entire organization and operation of the state operate within the framework of the Constitution, laws and according to the principle of democratic centralism. In modern society, to practice democracy, promote the role of the people and build a democratic political system, it is necessary to build a rule of law state. It is the general method through which citizens achieve a democratic society and affirm their mastery in a real way. Therefore, the rule of law state is seen as “a method of exercising power, a way of organizing democracy, a way of organizing the state and society on a democratic basis. That means that the rule of law state is associated with a democracy, although it is not a type of state determined by the theory of socio-economic forms, but it cannot appear in a society without democracy”.
Theory and practice show that in a rule of law state, the people are the true subjects of state power, the people give power to the state through democratic mechanisms and supervise the exercise of state power according to democratic principles. Therefore, a rule of law state is a "concentrated expression of democracy", the center of a democratic political system. Members of society have the right to participate in state affairs, therefore, a rule of law state must be associated with a constitutional regime/constitutionalism, a democratic, progressive, humane legal system, to ensure that the entire organization and operation of the state operate within the framework of the Constitution, laws and according to the principle of democratic centralism. In modern society, to practice democracy, promote the role of the people and build a democratic political system, it is necessary to build a rule of law state. It is the general method through which citizens achieve a democratic society and affirm their mastery in a real way. Therefore, the rule of law state is seen as “a method of exercising power, a way of organizing democracy, a way of organizing the state and society on a democratic basis. That means that the rule of law state is associated with a democracy, although it is not a type of state determined by the theory of socio-economic forms, but it cannot appear in a society without democracy”.
From that common perception, Professor, Doctor of Science Dao Tri Uc and his colleagues describe the Socialist Rule of Law State of Vietnam with six basic characteristics:
1- The state of the people, by the people, for the people, demonstrates the people's right to mastery;
2- The State is organized and operates on the basis of the Constitution, respects and protects the Constitution;
3- State power is unified, with division of labor, coordination and control among state agencies in the exercise of legislative, executive and judicial powers, with close inspection and supervision;
4- The State manages society by law, ensuring the supreme position of law in social life;
5- Respect and protect human rights, rights and freedoms of citizens;
6- The state and society are led by a single party, the Communist Party of Vietnam.
Meanwhile, Professor, Dr. Nguyen Duy Quy and Associate Professor, Dr. Nguyen Tat Vien described the Vietnamese socialist rule of law state with seven basic characteristics:
1- Is a state of the people, by the people, for the people; all state power belongs to the people;
2- State power is organized according to the principle of unity on the basis of division of labor and coordination among state agencies in exercising three powers: legislative, executive and judicial;
3- Recognizing the supreme position of the Constitution and law in social life; the organization and operation of the State are carried out on the basis of the Constitution and law;
4 - The mutual responsibility between the state and citizens is the main relationship in society, demonstrating the role of a "serving" state, and at the same time demonstrating the responsibility of citizens to the state and society;
5- Socialist rule of law state associated with socialist-oriented civil society;
6- The State ensures the strict and goodwill implementation of international commitments;
7- The state is led by the Communist Party of Vietnam.
The 11th National Congress (2011) of the Party proposed a comprehensive model of the Vietnamese socialist rule-of-law state of the people, by the people, and for the people: “Our State is a socialist rule-of-law state of the people, by the people, and for the people. All State power belongs to the people, the foundation of which is the alliance between the working class, the peasantry, and the intelligentsia, led by the Communist Party of Vietnam. State power is unified; there is division of labor, coordination, and control among agencies in the exercise of legislative, executive, and judicial powers . The State promulgates laws; organizes and manages society by law, and constantly strengthens socialist legality.” These viewpoints have been institutionalized in the Constitution and laws of Vietnam, in which the 2013 Constitution has stipulated the characteristics of the Socialist Rule of Law State of Vietnam (Articles 2, 3, 4, 8, ...) and continued to be supplemented and developed during the 12th National Congress (2016) and the 13th National Congress (2021): "building a socialist rule of law state that is constructive, developed, honest, and active". The basic characteristics of the Socialist Rule of Law State of Vietnam have been summarized, evaluated, and generalized in a quite diverse and rich way, in which the state "takes the law as the unified legal basis for the management of all activities of the state, society, and citizens, using the law as the standard to distinguish between legality and illegality; "What can and cannot be done in the enforcement of the law by state agencies and officials, and in the compliance with the law by citizens", although the state promotes the role of law in society, it does not absolutize the role of law; law must be truly progressive, modern, for people, and for sustainable development.
Building a rule of law state is an inevitable trend of modern society. Depending on the conditions of each country and nation, there will be a specific model of a rule of law state. In Vietnam, building a socialist rule of law state is the central task of renewing the socialist political system.
Summarizing 35 years of comprehensive national renovation, our Party determined: “Building and perfecting a clean, strong, streamlined, effective and efficient socialist rule-of-law state, serving the people and the development of the country. Strengthening publicity, transparency, accountability, and control of power in conjunction with tightening discipline and order in the activities of the State and of cadres, civil servants, and public employees. Continuing to promote the fight against corruption, waste, bureaucracy, crime, and social evils”. This is one of the twelve major orientations to promote socio-economic development to 2030, with a vision to 2045, clearly affirmed in the Documents of the 13th National Party Congress. That affirmation shows that our Party and State pay special attention to the task of building a socialist rule-of-law state of Vietnam in the process of comprehensive national renovation, deep and effective international integration, and sustainable socio-economic development. This is considered one of the important "links" to realize the socio-economic development goals to the 100th anniversary of the founding of the Communist Party of Vietnam (2030 ) and the vision to the 100th anniversary of the founding of the Democratic Republic of Vietnam, now the Socialist Republic of Vietnam (2045).
However, in Vietnam today, the perception of the rule of law state in general and the Socialist Rule of Law State of Vietnam in particular is not unified. Legal research agencies and leading legal experts still have different and quite diverse views on the rule of law state, but in general, they agree on the common point of the rule of law state, which is: the rule of law state is not a type of state but a method of organizing the implementation of state power.
Theory and practice show that in a rule of law state, the people are the true subjects of state power, the people give power to the state through democratic mechanisms and supervise the exercise of state power according to democratic principles. Therefore, a rule of law state is a "concentrated expression of democracy", the center of a democratic political system. Members of society have the right to participate in state affairs, therefore, a rule of law state must be associated with a constitutional regime/constitutionalism, a democratic, progressive, humane legal system, to ensure that the entire organization and operation of the state operate within the framework of the Constitution, laws and according to the principle of democratic centralism. In modern society, to practice democracy, promote the role of the people and build a democratic political system, it is necessary to build a rule of law state. It is the general method through which citizens achieve a democratic society and affirm their mastery in a real way. Therefore, the rule of law state is seen as “a method of exercising power, a way of organizing democracy, a way of organizing the state and society on a democratic basis. That means that the rule of law state is associated with a democracy, although it is not a type of state determined by the theory of socio-economic forms, but it cannot appear in a society without democracy”.
Theory and practice show that in a rule of law state, the people are the true subjects of state power, the people give power to the state through democratic mechanisms and supervise the exercise of state power according to democratic principles. Therefore, a rule of law state is a "concentrated expression of democracy", the center of a democratic political system. Members of society have the right to participate in state affairs, therefore, a rule of law state must be associated with a constitutional regime/constitutionalism, a democratic, progressive, humane legal system, to ensure that the entire organization and operation of the state operate within the framework of the Constitution, laws and according to the principle of democratic centralism. In modern society, to practice democracy, promote the role of the people and build a democratic political system, it is necessary to build a rule of law state. It is the general method through which citizens achieve a democratic society and affirm their mastery in a real way. Therefore, the rule of law state is seen as “a method of exercising power, a way of organizing democracy, a way of organizing the state and society on a democratic basis. That means that the rule of law state is associated with a democracy, although it is not a type of state determined by the theory of socio-economic forms, but it cannot appear in a society without democracy”.
From that common perception, Professor, Doctor of Science Dao Tri Uc and his colleagues describe the Socialist Rule of Law State of Vietnam with six basic characteristics:
1- The state of the people, by the people, for the people, demonstrates the people's right to mastery;
2- The State is organized and operates on the basis of the Constitution, respects and protects the Constitution;
3- State power is unified, with division of labor, coordination and control among state agencies in the exercise of legislative, executive and judicial powers, with close inspection and supervision;
4- The State manages society by law, ensuring the supreme position of law in social life;
5- Respect and protect human rights, rights and freedoms of citizens;
6- The state and society are led by a single party, the Communist Party of Vietnam.
Meanwhile, Professor, Dr. Nguyen Duy Quy and Associate Professor, Dr. Nguyen Tat Vien described the Vietnamese socialist rule of law state with seven basic characteristics:
1- Is a state of the people, by the people, for the people; all state power belongs to the people;
2- State power is organized according to the principle of unity on the basis of division of labor and coordination among state agencies in exercising three powers: legislative, executive and judicial;
3- Recognizing the supreme position of the Constitution and law in social life; the organization and operation of the State are carried out on the basis of the Constitution and law;
4 - The mutual responsibility between the state and citizens is the main relationship in society, demonstrating the role of a "serving" state, and at the same time demonstrating the responsibility of citizens to the state and society;
5- Socialist rule of law state associated with socialist-oriented civil society;
6- The State ensures the strict and goodwill implementation of international commitments;
7- The state is led by the Communist Party of Vietnam.
The 11th National Congress (2011) of the Party proposed a comprehensive model of the Vietnamese socialist rule-of-law state of the people, by the people, and for the people: “Our State is a socialist rule-of-law state of the people, by the people, and for the people. All State power belongs to the people, the foundation of which is the alliance between the working class, the peasantry, and the intelligentsia, led by the Communist Party of Vietnam. State power is unified; there is division of labor, coordination, and control among agencies in the exercise of legislative, executive, and judicial powers . The State promulgates laws; organizes and manages society by law, and constantly strengthens socialist legality.” These viewpoints have been institutionalized in the Constitution and laws of Vietnam, in which the 2013 Constitution has stipulated the characteristics of the Socialist Rule of Law State of Vietnam (Articles 2, 3, 4, 8, ...) and continued to be supplemented and developed during the 12th National Congress (2016) and the 13th National Congress (2021): "building a socialist rule of law state that is constructive, developed, honest, and active". The basic characteristics of the Socialist Rule of Law State of Vietnam have been summarized, evaluated, and generalized in a quite diverse and rich way, in which the state "takes the law as the unified legal basis for the management of all activities of the state, society, and citizens, using the law as the standard to distinguish between legality and illegality; "What can and cannot be done in the enforcement of the law by state agencies and officials, and in the compliance with the law by citizens", although the state promotes the role of law in society, it does not absolutize the role of law; law must be truly progressive, modern, for people, and for sustainable development.