Resolution 77/NQ-CP 2023 implement Resolution 27-NQ/TW on building the socialist law-ruled state of Vietnam in the new period

RESOLUTION

Promulgating the Government’s Program of Action to implement Resolution No. 27-NQ/TW of November 9, 2022, of the 6^th plenum of the 13^th Party Central Committee, on continued building and improvement of the socialist law-ruled state of Vietnam in the new period^[1]

THE GOVERNMENT

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to Resolution No. 27-NQ/TW of November 9, 2022, the 6^th plenum of the 13^th Party Central Committee, on continued building and improvement of the socialist law-ruled state of Vietnam in the new period;

Pursuant to the Political Bureau’s Plan No. 11-KH/TW of November 28, 2022, on implementation of the Resolution of the 6^th plenum of the 13^th Party Central Committee on continued building and improvement of the socialist law-ruled state of Vietnam in the new period;

At the proposal of the Minister of Justice;

Based on votes of the cabinet members,

RESOLVES:

Article 1. To promulgate together with this Resolution the Government’s Program of Action to implement Resolution No. 27-NQ/TW of November 9, 2022, of the 6^th plenum of the 13^th Party Central Committee, on continued building and improvement of the socialist law-ruled state of Vietnam in the new period.

Article 2. This Resolution takes effect on the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Resolution.

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG

Government’s Program of Action to implement Resolution No. 27-NQ/TW of November 9, 2022, of the 6th plenum of the 13th Party Central Committee, on continued building and improvement of the socialist law-ruled state of Vietnam in the new period

(Promulgated together with the Government’s Resolution No. 77/NQ-CP
of May 12, 2023)

I. PURPOSES AND REQUIREMENTS

1. Purposes

a/ To organize the profound grasp and adequate and effective realization and implementation of the viewpoints, objectives, guidelines and policies set in Resolution No. 27-NQ/TW of November 9, 2022, of the 6^th plenum of the 13^th Party Central Committee, on continued building and improvement of the socialist law-ruled state of Vietnam in the new period (below referred to as Resolution No. 27-NQ/TW).

b/ To concretize the objectives, viewpoints, tasks and solutions set in Resolution No. 27-NQ/TW in relation to the Government’s functions, tasks and powers into tasks and schemes for performance of specific jobs; to assign responsibilities to ministries, ministerial-level agencies and related agencies and organizations for successfully achieving the objectives set in Resolution No. 27-NQ/TW.

2. Requirements

a/ To clearly determine major tasks so as to concretize the relevant viewpoints, guidelines, orientations and contents in Resolution No. 27-NQ/TW and the Political Bureau’s Plan No. 11-KH/TW of November 28, 2022, which fall within the Government’s functions, tasks and powers, ensuring their conformity with the domestic and international situation and satisfaction of requirements of the national development in the new period.

b/ To fully and accurately identify tasks of the Government; to clearly state outcomes and periods of performance of such tasks.

c/ To assign tasks to ministries, ministerial-level agencies and related agencies and organizations in conformity with functions and tasks of each agency or organization, ensuring enhanced coordination among agencies and organizations in the course of performance of tasks assigned under this Program of Action.

II. MAJOR TASKS AND SOLUTIONS

1. Intensifying public communication, dissemination and education to improve the public awareness about the socialist law-ruled state of Vietnam

- To intensify public communication and education about, and dissemination of, the Constitution and laws, characteristics of the socialist law-ruled state of Vietnam and requirements and tasks of the continued building and improvement of the socialist law-ruled state of Vietnam in the new period among cadres, Party members, civil servants, public employees and people of all strata.

- To build the Constitution- and law-abiding sense and lifestyle in the system of state administrative agencies; to raise the sense of responsibility and capacity of cadres, Party members, civil servants and public employees for implementation of the Constitution and laws; to concretize, and formulate mechanisms for these subjects to fully exercise their rights and fully perform their responsibilities to protect the Constitution.

- To include appropriate contents on the Constitution and the socialist law-ruled state of Vietnam in training and further training programs of the national education system.

2. Promoting the role of the Government in the continued improvement of the legal system and mechanism for strict and effective implementation of laws, thus meeting requirements of the country’s rapid and sustainable development

- To review and revise relevant legal documents falling within the Government’s functions, tasks and powers, ensuring their consistency and uniformity, thereby creating a legal basis for the performance of the tasks of building and improving the socialist law-ruled state of Vietnam and supervising the implementation of the Resolution.

- To build a democratic, fair, humane, adequate, timely, consistent, uniform, public, transparent, stable, feasible and easy-to-access legal system capable of regulating social relations and centering on lawful and legitimate rights and interests of the people, organizations and enterprises, thereby promoting innovation.

- To focus on improving the legal system in all state management fields, thereby promptly tackling difficulties and problems, arousing and bringing into full play the potential and resources, and creating a new driving force for the country’s rapid and sustainable development, especially improving the law on organization and operation of the state apparatus and the political system; promoting democracy, guaranteeing and protecting human rights and citizens’ rights; improving the socialist-oriented market economy institutions and relations between the State, the market and the society; developing education and training, science and technology; developing human resources and attracting and employing talented people; stepping up  culture, information, communication, sports, health, social security, environmental protection and climate change adaptation activities; developing green economy, digital economy and circular economy; assuring justice, national defense, national security and social order and safety; and promoting external and international integration activities.

- To continue promptly and fully institutionalizing and concretizing the Party’s viewpoints and guidelines and the Constitution’s provisions on human rights and citizens’ fundamental rights and obligations; to translate into domestic laws treaties on human rights to which Vietnam has acceded to; to clearly define responsibilities of state agencies to respect, guarantee and protect human rights and citizens’ rights; to strictly adhere to the principle that citizens may do anything not banned by law; to ensure that citizens’ rights are not separated from citizens’ obligations and that the exercise of human rights and citizens’ rights is not prejudicial to interests of the country and the nation as well as lawful rights and interests of organizations and individuals.

- To intensify the formulation of laws having specific contents and direct effect; to put an end to the situation that laws are not stable and slow to be guided and detailed; to intensify examination and monitoring of legal documents and handling of unlawful legal documents; to tighten order and discipline, uphold the sense of responsibility, especially that of heads of agencies and units, and resolutely combat negative practices and “group interests” in the lawmaking work.

- To continue renewing the law dissemination and education work; to build the network and improve the capacity of the legal service, legal aid and legal support systems so as to facilitate the people’s and enterprises’ accessibility to justice; to renew the law enforcement mechanism, closely combining the lawmaking process with law implementation; to ensure that laws are implemented in a fair, strict, consistent, prompt, effective and efficient manner; to clearly define the responsibility of organizations and individuals, especially that of heads of law enforcement organizations; to improve regulations on law interpretation.

To intensify examination and inspection for detecting and strictly and promptly handling violations; to enhance law enforcement in important fields related to essential benefits of the people; to improve the mechanism for receiving and promptly and effectively settling petitions and reports of the people and enterprises.

- To develop human resources for the legal work, and modernize lawmaking and law implementation methods and means; to consolidate and strengthen legal affairs organizations and organizations engaged in the legal work; to improve capacity, qualifications and political stance of the contingent of cadres and civil servants engaged in the law making and enforcement work; to develop the legal science and improve the quality of law research and training institutions; to adopt appropriate mechanisms for ensuring and increasing investment resources, and renew the mechanism for distribution and efficient use of funds for law making and enforcement activities.

3. Further renovating the organization and operation of the Government and local administrations; building the professional, law-ruled, modern, effective and efficient state administration serving the people

- To further renovate the organization and operation of the Government and local administrations to be streamlined and effectively and efficiently operate; to organize multi-sector and multi-field ministries and specialized agencies; to rationally reduce the number of ministries, ministerial-level agencies, and specialized agencies of provincial-level and district-level People’s Committees; to enhance the role and raise the sense of responsibility of ministers as cabinet members in macro-management and policymaking; to adhere to the principle that one job is assigned to only one in-charge agency while related agencies will coordinate with the in-charge agency in performing such job; to step by step abrogate the interdisciplinary coordination mechanism, and more clearly define the responsibility of heads of agencies and units; to bring into full play the position and role of the Government as the supreme state administration exercising the executive power and acting as the National Assembly’s executive body; to uphold the spirit of proactivity and creativity, and concentrate on the macro-management and formulation of policies, laws, strategies, master plans, plans, and examination and monitoring tools, thus ensuring the uniformity, uninterruptedness, discipline, order, effectiveness and efficiency of the national administration system; to renew the national governance toward modernity, effectiveness and efficiency, focusing on development management; to ensure the supremacy of the Constitution and law, and improve the transparency and accountability of, and promote the people’s participation in, the state administration.

- To clearly define and fully implement the position, role, competence and responsibility of the Government in the lawmaking work, and improve the policy response capacity; to ensure the Government’s proactive participation in, close coordination and intensified control of, the national administration system and the exercise of the legislative power.

- To build a democratic, law-ruled, professional, modern, scientific, clean, public and transparent administration system serving the people and create a favorable environment for the people and enterprises; to further step up the administrative reform, focusing on improving the quality of the contingent of cadres, civil servants and public employees with three main pillars: apparatus organization; official duty and civil servants; and e-administration and digital transformation; to simplify administrative procedures, pruning unnecessary procedures that are likely to cause inconvenience to the people and enterprises and hinder fair competition; to efficiently provide online public services; to build digital economy, digital government and digital society; to continue reforming and improving the efficiency of public financial management and quality of public services; to reorganize public non-business units to be streamlined with higher quality and efficient operation.

- To improve the organization of local administrations to suit urban, rural and mountainous areas, islands and special administrative-economic units; to reduce administration levels in a number of localities as appropriate; to build local administration governance models suitable to each locality to meet development requirements of economic regions and zones.

- To continue reorganizing district- and commune-level administrative units; to study the pilot reorganization of provincial-level administrative units in conformity with national and local master plans on administrative units; to formulate special mechanisms, institutions and policies to promote the development of regions and strong regional linkages to meet requirements of socio-economic development and national defense and security maintenance of the country.

- To step up the decentralization and delegation of powers to localities and ministries in a scientific and rational manner while raising their sense of responsibility and ensuring sufficient resources and capacity for their law implementation; to intensify examination and monitoring activities; to ensure the Government’s unified management, and promote the proactive and creative role and self-responsibility of localities and ministries; to clearly define the responsibilities between the Government and ministries, among ministries, and between the Government, ministries and local administrations; to put an end to the situation of overlap of functions, tasks and powers; to clearly define responsibilities between individuals and collectives and uphold the role and sense of responsibility of individuals, particularly heads of state administrative agencies.

- To focus on comprehensively developing and raising the quality of human resources to meet requirements of the national administration system; to radically reform the regime on task assignment to civil servants; to improve the system of occupational title standards, working positions, professional standards and criteria for evaluation of cadres, civil servants and public employees based on their task performance which is measured through specific outcomes and satisfaction of the people and enterprises.

4. Promoting the Government’s role in building a professional, modern, fair, strict and incorruptible judicial system to serve the Fatherland and the people                

- To improve policies and laws falling within the Government’s functions, tasks and powers concerning judicial activities, with a view to respecting and protecting human rights and citizens’ rights.

- To continue reviewing, adjusting and improving functions, tasks and organizational structures of investigation bodies and bodies assigned to carry out a number of investigating activities to make them be streamlined and professional, ensuring quality, effectiveness and efficiency to meet requirements of their assigned tasks and contribute to guaranteeing human rights and citizens’ rights for arrestees, persons held in custody and detainees in accordance with law; to study and improve the mechanism by which investigation bodies propose the consideration and settlement of cases in which their procedural orders and decisions are abolished or disapproved by procuracies in contravention of law.

- To continue renovating the organization and operation of the system of judgment execution agencies; to improve the mechanism for criminal judgment execution toward higher effectiveness of the management, education and reform of inmates, and management, supervision and education of people serving criminal judgments in communities; to guarantee and better protect human rights and citizens’ rights for people serving judgments in accordance with law; to improve the mechanism for raising the quality and efficiency and reducing time and costs of the execution of civil and administrative judgments; to improve the efficiency of the coordination among related agencies in the execution of criminal, civil and administrative judgments; to mobilize social resources for a number of civil judgment execution activities under appropriate assurance mechanism and roadmap. 

- To improve institutions on lawyers and law practice, creating conditions for lawyers to properly exercise their rights and perform their obligations and responsibilities in accordance with law; to raise the effectiveness and efficiency of the state management of, and the self-governance responsibility of socio-professional organizations, toward lawyers, and enhance the discipline and order in law-practicing activities; to intensify training and further training activities for building and developing the contingent of lawyers who have firm political stance and good professional ethics, are knowledgeable about law, and have good professional skills and foreign language command to meet requirements of judicial reform and international integration.

- To continue improving the mechanism for mobilization of social resources for development of the fields of public notarization, reconciliation, arbitration, bailiff and judicial assessment; to build a quantitatively and qualitatively adequate contingent of public notarization, reconciliation, arbitration, bailiff and judicial assessment practitioners who practice in a professional manner and abide by law and codes of professional ethics, thereby meeting the social demand.

- To raise the role, professionalism and quality of legal aid, especially in judicial proceedings; to modernize, and intensify the application of, information technology in the legal aid system; to increase legal aid beneficiaries as suitable to the country’s conditions.

- To develop quantitatively and qualitatively adequate judicial personnel of a rational structure; to raise the quality of judicial personnel training; to review and rationally reorganize institutions training bachelors of law; to clearly determine a system of standards on professional qualifications, political stance, ethical qualities, professional responsibility, legal, economic and social knowledge, and practical experience for judicial title holders and personnel; to increase sources, and step up the implementation of the mechanism for selection examination for appointment, of judicial title holders; to renew salary policies and regime, appointment period and mechanisms for ensuring that judicial officers feel secure to work, and are incorruptible, fair-minded and professional to perform their tasks in the new situation.

5. Bringing into full play the Government’s role in improving the mechanism for control of the state power; intensifying the prevention and combat of corruption and negative practices

To resolutely and persistently combat, prevent and repel corruption and negative practices; to organize the implementation of regulations on control of powers so as to prevent and combat corruption and negative practices in inspection, examination, investigation, judgment execution and lawmaking activities; to direct and give advices on the formulation of regulations on control of powers and prevention and combat of corruption and negative practices in the management and use of public finance and assets; to provide more clearly the competence and responsibilities of executive agencies for controlling agencies exercising the legislative and judicial powers; to formulate a mechanism for making it impossible for officials to commit corruptive and negative acts; to detect and promptly and strictly handle corruptive and negative acts so as to deter those who intend to commit such acts; to step up the reform of salary policy and improve the living standards of cadres, civil servants and public employees; to build the culture of integrity and thrift among cadres, civil servants and public employees so that they will neither need nor wish to commit corruptive and negative acts.

6. Bringing into full play the Government’s role in intensively and proactively carrying out  international integration to meet requirements of the building and improvement of the socialist law-ruled state of Vietnam and the national construction and defense in the new situation

- To continue improving mechanisms for facilitating proactive, comprehensive, intensive, extensive, practical and efficient international integration, consistently implementing the external policies aimed toward independence, autonomy, peace, friendship, cooperation and development; to secure to the utmost the interests of the country and the nation in adherence to the fundamental principles of the United Nations Charter and international law; to firmly maintain national independence, sovereignty, unity, territorial integrity and security and the socialist regime; to take the initiative in participating in and contributing to the building and formation of multilateral institutions and international and regional order; to improve the law regulating the relationship between Vietnam’s law and international law; to effectively settle jurisdiction and law conflicts between Vietnam and foreign countries, thereby guaranteeing lawful and legitimate rights and interests of Vietnamese individuals, organizations and state agencies; to improve mechanisms for and raise capacity of related agencies and organizations, and fully and efficiently implement international commitments and treaties which Vietnam has signed or acceded to.

- To raise the efficiency and quality of the training of human resources for international legal cooperation; to formulate a mechanism for promoting the participation and presence of Vietnamese legal experts in international legal institutions; to improve the legal mechanism for protection of lawful and legitimate rights and interests of overseas Vietnamese citizens and legal persons.

- To intensify the provision of external information on the Party’s line and guidelines and the State’s policies and laws, and Vietnam’s achievements in the building and improvement of the socialist law-ruled state and Vietnam’s socio-economic development, and guarantee and protection of human rights and citizens’ rights.

III. ORGANIZATION OF IMPLEMENTATION

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and related organizations and units shall:

a/ Base themselves on their functions, tasks and powers and major tasks set in this Program of Action to formulate and promulgate programs of action of their ministries, agencies, organizations and units; concretize this Program of Action and programs of action of their ministries, agencies, organizations and units into tasks in their annual working plans; and organize the prompt performance of tasks which are clear and for which the Government or Prime Minister has issued guiding documents, ensuring prompt and efficient implementation of relevant contents of this Program of Action and programs of action of their ministries, agencies, organizations and units. 

b/ Take the initiative, within the ambit of functions, tasks and powers of their ministries, agencies, organizations and units, in reviewing and revising, or proposing amendments and supplementations to, relevant legal documents, ensuring their consistency and uniformity, thereby creating legal grounds for performing the task of building and improving the socialist law-ruled state of Vietnam; intensify examination and inspection for detecting and handling violations; and ensure that the law is implemented in a fair, strict, consistent, prompt, effective and efficient manner.

c/ Take the initiative in implementing the schemes assigned to them in the Appendix to this Resolution.

d/ Intensify examination, and urge and supervise the implementation of this Program of Action; annually evaluate the implementation progress and results and send reports thereon to the Prime Minister and concurrently to the Ministry of Justice for monitoring, summarization and subsequent reporting to the Prime Minister under regulations. 

2. The Ministry of Justice shall assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies, government-attached agencies and related organizations and units in:

a/ Monitoring and urging the implementation of this Program of Action, and periodically reporting and proposing to the Government or Prime Minister necessary measures to ensure the synchronous and effective implementation of this Program of Action.

b/ Advising the Government on intensifying public communication, dissemination and education to improve the public awareness about the socialist law-ruled state of Vietnam.

c/ Advising the Government on further improving the legal system and mechanism for strict and effective implementation of laws to meet requirements of the rapid and sustainable national development.

d/ Advising the Government on improving policies and laws on judicial activities falling within the Government’s functions and tasks; improving the mechanism for raising the quality and efficiency of the execution of civil and administrative judgments, and institutions on lawyers and law practice, and the mechanism for mobilization of social resources for a number of judicial assistance fields; heightening the role, professionalism and quality of legal aid; modernizing and intensifying the application of information technology in the legal aid system; and increasing legal aid beneficiaries as suitable to the country’s conditions.

dd/ Assuming the prime responsibility for, and coordinating with the Ministry of Science and Technology in, formulating and implementing research programs to serve the building of the legal system and organization of law enforcement to meet requirements of the building and improvement of the socialist law-ruled state of Vietnam in the new period.

3. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Justice and related ministries and sectors in, assisting the Government in further renovating the organization and operation of the Government and local administrations; build a professional, law-ruled, modern, effective and efficient state administration system serving the people; and assume the prime responsibility for, and coordinate with related agencies and organizations in, reviewing or building criteria for and evaluating results of the reorganization of local administrations, administrative agencies and public non-business units in order to ensure they are streamlined and meet quality and operation efficiency requirements.

4. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with related ministries, agencies and localities in, assisting the Government in continuing to review, adjust and improve functions, tasks and organizational structures of investigation bodies and bodies assigned to carry out a number of investigating activities; and improve the mechanism for criminal judgment execution.

5. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of Justice and related ministries and sectors in, directing education and training institutions to include appropriate contents on the Constitution and the socialist law-ruled state of Vietnam in training and further training programs of the national education system; and review and rationally reorganize institutions training bachelors of laws.

6. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Justice and related ministries and sectors in, assisting the Government in intensively and proactively carrying out international integration to meet requirements of the building and improvement of the socialist law-ruled state of Vietnam and the national construction and defense in the new situation.

7. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, ensuring and increasing investment resources, renewing the mechanism for allocation and efficient use of funds for law making and enforcement activities; and allocate budget funds to related ministries, sectors and agencies for organizing the efficient performance of tasks assigned to them under this Program of Action.

8. The Government requests the Party’s agencies, the National Assembly and its agencies, People’s Councils at all levels, judicial agencies, the Vietnam Fatherland Front and its member organizations, socio-political organizations, and mass organizations to enhance the oversight of, and closely coordinate with agencies in the state administrative system from the central to local levels in organizing, the implementation of this Program of Action and programs of action of ministries, sectors and localities.  

9. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Justice, the Party Central Committee’s Commission for Popularization and Education, the Party’s agencies, the National Assembly, the Central Committee of the Vietnam Fatherland Front, and related ministries, agencies and localities in, properly carrying out the information and public communication work, creating the social consensus, bringing into full play the spirit of endeavor of all sectors and levels, the enterprise community and the people for successfully fulfilling the objectives and tasks set forth in Resolution No. 27-NQ/TW.

10. Provincial-level People’s Committees shall:

a/ Direct public communication, dissemination and education activities, and improve the awareness about the socialist law-ruled state of Vietnam in their localities.

b/ Base themselves on this Program of Action to formulate, and organize the implementation of, plans of action of their localities; and periodically review, evaluate and report on the implementation thereof to the Ministry of Justice for summarization and reporting to the Government.

c/ Organize and ensure the implementation of the Constitution and law in their localities to meet requirements set in Resolution No. 27-NQ/TW.

11. In the course of implementation of this Program of Action, if finding it necessary to modify or supplement specific contents thereof, ministries, sectors and localities shall take the initiative in coordinating with the Ministry of Justice in reporting them to the Prime Minister for consideration and decision.-