Resolution 27-NQ/TW 2022 continue to build and perfect the law-governed socialist state of Vietnam in new era
ATTRIBUTE
Issuing body: | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here | |
Official number: | 27-NQ/TW | Signer: | Nguyen Phu Trong |
Type: | Resolution | Expiry date: | Updating |
Issuing date: | 09/11/2022 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Fields: | Justice |
THE PARTY CENTRAL COMMITTEE No. 27-NQ/TW | THE COMMUNIST PARTY OF VIETNAM ________________________ Hanoi, November 9, 2022 |
RESOLUTION OF THE 6TH PLENUM On continuing to build and perfect the law-governed socialist state of Vietnam in new era |
I - SITUATION
Over a span of more than 35 years of economic reforms and over 30 years of implementing the Platform on national construction during the transition to socialism (specifically, the 1991 Platform, which was supplemented and developed in 2011), substantial accomplishments have been achieved in the development of the law-governed socialist state of Vietnam under the leadership of the Party upon the principles of the people, by the people, and for the people. The understanding and theory regarding the law-governed socialist state of Vietnam have grown progressively unified, comprehensive, and profound. The legal framework has reached a fundamental stage of completion, with a heightened emphasis on the role of law and its enforcement in the functioning of both the state and society. The mechanisms for delegation, coordination, and oversight among governmental bodies exercising legislative, executive, and judicial powers have become increasingly transparent, resulting in positive enhancements. The state apparatus has been incrementally streamlined and now operates effectively and efficiently. The organization and operation of the National Assembly have undergone significant improvements, enhancing their quality. The government’s activities have become more proactive and dynamic, with a stronger focus on macro management, administrative simplification, and support for development. Administrative and judicial reforms have made notable progress in specific areas. The organizational structures of the people’s courts, people’s procuracies, investigative bodies, judgment execution authorities, and judicial support organizations have been reinforced, leading to improved operational standards. The rights and freedoms of citizens, as outlined in the Constitution, have been further specified in legislation and are being better upheld in practice. Direct democracy and representative democracy have been strengthened. The activities of the Vietnam Fatherland Front and socio-political organizations have undergone gradual renewal. The model of the law-governed socialist state of Vietnam has experienced ongoing enhancements, operating on the principle of “under the leadership of the Party, the governance of the state, and the mastery of the people,” thereby making significant contributions to the remarkable historic achievements of the country’s reform process, construction development and defense.
However, the building of the law-governed socialist state of Vietnam has been hamstrung with limitations and constraints, in some aspects failing to meet the national development, management and defense requirements in the new situation. A number of theoretical and practical issues have not yet been fully and convincingly expounded; the organization of the state apparatus and legal system have revealed a number of inadequacies, still failing to satisfy practical requirements. The state power has not yet been effectively controlled and the power control mechanism is still incomplete; the oversight role of the Vietnam Fatherland Front, socio-political organizations and the people has not yet been vigorously promoted; the sense of law observance among a section of cadres, civil servants, Party members and the people has not been high; the mechanism to guarantee the people’s mastery, human rights and citizens’ rights has not been fully implemented in some aspects; administrative reform and judicial reform have not met the national development requirements, etc.
The aforementioned constraints and deficiencies primarily stem from the complexity and extended nature of establishing the law-governed socialist state of Vietnam and the lack of sufficient attention directed towards the review of practical efforts as well as theoretical research and development. Moreover, the political commitment, leadership, and guidance of several Party committees, Party bodies, and administrative bodies in implementing the objectives and duties related to the establishment and enhancement of the law-governed socialist state of Vietnam have not matched the requirements already set forth.
II - VIEWPOINTS
1. To persistently pursue, creatively apply, and develop Marxism-Leninism and Ho Chi Minh Thought; to adhere to the goal of national independence and socialism; to consistently follow the path of renewal and ensure the Party’s leadership and governance. To firmly grasp and effectively manage the major relationships between the Party’s leadership, the state’s administration, and the people’s mastery; between the state, the market, and society; between the practice of socialist democracy and the enhancement of legal institutions, while maintaining social discipline. To continue the construction and enhancement of the law-governed socialist state of Vietnam, founded on the principles of a government of the people, by the people, and for the people, under the leadership of the Party. This task is central to the ongoing political system renewal and must always be considered a part of Party development and reform, as well as the establishment of a clean and robust political system. To harness the strength of great national unity and engage the entire political system with unwavering determination, significant effort, and resolute, efficient action. The ultimate objective is to successfully advance the cause of national development and defense, working toward a prosperous, democratic, just, and civilized nation.
2. To persistently uphold the principle that all state power belongs to the people, promoting the people’s mastery in the law-governed socialist state of Vietnam; the state power is unified, with clear-cut assignment, close coordination and effective control between state authorities in exercising the legislative, executive and judiciary powers under the people’s oversight.
3. To guarantee the supremacy of the Constitution and law. The law-governed socialist state of Vietnam is organized and operates under the Constitution and law, manages the society by the Constitution and law while attaching importance to the socialist morality education and enhancement; promptly and fully institutionalizes and efficiently realizes the Party’s guidelines and line; takes people as the center, goal, subject and driving force of national development; the state respects, guarantees and protects human rights and citizens’ rights.
4. To closely follow the practical situation of the country and the development trend of the time, perpetuate the recorded achievements and selectively absorb international experiences suitable to Vietnam; to combine the national strength with the strength of the time, the country’s strength with the international strength; to ensure to the utmost the state-nation interests, firmly defending national independence, sovereignty, unity and territorial integrity, national security, and the socialist regime.
5. To ensure that legislative renewal, administrative reform, and judicial reform are executed comprehensively, cohesively, and in a harmonious blend of continuity and stability with innovation and progress, the following steps will be taken: This endeavor will be pursued with a sense of urgency, precision, and consistency, guided by distinct priorities and clear roadmaps, while advancing steadily. Matters that align with the realities, have attained clear and widely-accepted validation, and exhibit a high degree of consensus will be resolutely implemented. Matters that remain ambiguous or subject to debate will undergo further examination and practical testing under the auspices of competent authorities. Guidelines that have been put into practice but subsequently found to be ineffective will be thoroughly assessed for timely adjustment and improvement.
III - OBJECTIVES AND FOCUSES
1. Objectives
1.1. Overall objectives
To perfect the law-governed socialist state of Vietnam, which is of the people, for the people, and under the leadership of the Communist Party of Vietnam; to construct a comprehensive legal framework that is strictly and consistently enforced; to uphold the supremacy of the Constitution and law, and to respect, guarantee, and effectively safeguard human rights and citizens’ rights; the state power is unified, with clearly defined roles, close coordination, and effective oversight; to have a professional, rule-of-law, and modern administration, as well as judicial systems; to maintain a streamlined, skilled, and transparent state apparatus that operates efficiently and effectively; to develop a contingent of fully qualified, capable, genuinely professional, honest, and principled cadres, civil servants and public employees; to establish modern and effective state governance meeting the demands of rapid and sustainable national development, thereby transforming Vietnam into a developed socialist-oriented country with high income levels by 2045.
1.2. Specific objectives to be achieved by 2030
- To fundamentally enhance the mechanisms for upholding the people’s mastery and ensuring the protection of human rights and citizens’ rights. The supreme respect to the Constitution and the law will serve as an established standard of behavior for all members of society. The legal system will be characterized by democracy, fairness, compassion, completeness, synchronization, unity, timeliness, feasibility, publicity, transparency, stability, and easy accessibility, thus facilitating innovation, sustainable development, and rigorous, consistent organizational mechanism for enforcement of laws. To refine the mechanisms that assign, coordinate, and oversee the activities of state authorities in the exercise of legislative, executive, and judicial powers, thereby guaranteeing the unity and effective control of state power.
- To further restructure and raise the operational quality of the National Assembly; to ensure that the National Assembly is truly the highest representative body of the people, and the supreme state power agency, performing more effectively its constitutional functions and tasks.
- To fundamentally accomplish the construction of a people-serving, democratic, law-governed, professional, modern, transparent, clean, strong, and public state administration system; to guarantee that the Government is the supreme state administrative body, responsible for executing the executive authority and serving as the executive entity of the National Assembly; to ensure the equitable decentralization and delegation of power between the central government and local administrations; to fundamentally refine the organizational structures of local administrations.
- To fundamentally accomplish the building of a professional, modern, equitable, strict and upright judicial system serving the Fatherland and the people, protecting justice, human rights and citizen’s rights, safeguarding the socialist regime, and protecting the state’s interests and the lawful and legitimate rights and interests of organizations and individuals.
- To organize a fundamentally streamlined state apparatus that operates effectively and efficiently; to build a contingent of fully qualified, capable, professional, honest and righteous, public-spirited and impartial cadres, civil servants and public employees.
2. Focuses
- To refine the legal system and mechanisms for rigorous and consistent law enforcement; to uphold the supremacy of the Constitution and the law; to elevate the competence and effectiveness of legal professionals.
- To refine the mechanism for state power control, intensify efforts in preventing and combating corruption and undesirable practices; to maintain the momentum of administrative reforms, intensify the delegation of authority, clearly delineate the functions, responsibilities, and powers of entities and individuals within the state apparatus, alongside enhancing their performance capabilities; to establish a streamlined state apparatus that functions effectively and efficiently.
- To advance judicial reform and ensure the independent operation of the courts in accordance with their adjudicating jurisdiction, and ensure that judges and jurors carry out their adjudication duties independently and exclusively in accordance with the law.
IV - TASKS AND SOLUTIONS
1. To intensify information dissemination and educational efforts in order to raise awareness about the concept of the law-governed socialist state of Vietnam
- To intensify the practical review, research, formulation and finalization of the system of theories on the law-governed socialist state of Vietnam. To reach an unanimous perception about the characteristics of the law-governed socialist state of Vietnam, accordingly: the law-governed socialist state of Vietnam is led by the Communist Party of Vietnam; is a state of the people, by the people and for the people; the human rights and citizen’s rights are recognized, respected, guaranteed and protected by the Constitution and law; the state is organized and operates according to the Constitution and law, and manages the society by the Constitution and law; the state power is unified, with clear-cut assignment, close coordination and effective control between state authorities in the exercise of legislative, executive and judiciary powers; the legal system is democratic, equitable, humane, complete, synchronous, unified, timely, feasible, public, transparent, stable and accessible, which is strictly and consistently enforced; courts are independent according to adjudicating jurisdiction, judges and jurors conduct trials independently and only in accordance with law; treaties to which the Socialist Republic of Vietnam is a contracting party are upheld and their implementation is guaranteed, and the state-nation interests are ensured to the utmost on the basis of the fundamental principles of the United Nations Charter and international law.
- To intensify information dissemination and educational efforts aimed at increasing awareness among cadres, Party members, and the public regarding the Constitution and the law, along with the concept of the law-governed socialist state of Vietnam as well as the requisites and objectives for the continuous development and enhancement of the law-governed socialist state of Vietnam during the new era. To cultivate a profound understanding that the establishment and refinement of the law-governed socialist state in Vietnam stands as a pivotal element in the political system’s renovation, which must be carried out in concert with the practice of socialist democracy and the progression of a socialist-oriented market economy.
2. To guarantee the people’s mastery, the supremacy of the Constitution and law, the respect, assurance and protection of human rights and citizens’ rights
- To fully institutionalize and correctly and effectively apply the mechanism that the people exercise the state power through direct democracy and representative democracy, particularly grassroots democracy. To review the implementation and study the improvement of legal provisions toward better promoting forms of direct democracy of the people; to work out mechanisms to ensure the exercise of the people’s rights to participate in discussions and to make petitions on grassroots, local and national issues to state authorities; to ensure publicity and transparency of, in the receipt, handling, and settlement and response to, the people’s opinions, petitions, reports, complaints and denunciations. To revamp the election mechanism so as to select persons who deserve to represent the people; to study the voting by Vietnamese living abroad, clarifying cases in which such persons are ineligible to vote. Democracy promotion must couple with strengthening of legal institutions, upholding of social ethics and civic responsibility, maintenance of discipline and order, resolute fighting against manifestations of extreme democracy or nominal democracy; to strictly handle all acts of abusing democracy to breach the state’s interests and the lawful rights and interests of organizations and individuals or infringe upon the national security and social order and safety.
- To build up the sense and lifestyle of upholding the supremacy of the Constitution and law in the political system and the whole society; to include appropriate contents on the Constitution and the law-governed socialist state of Vietnam in training and further training programs of the national education system. To heighten the sense of responsibility and capacity of cadres, Party members, civil servants and public employees in the enforcement of the Constitution and law. To concretize and formulate mechanisms for all subjects to fully perform their rights and responsibility to safeguard the Constitution.
- To continue to institutionalize and promptly and fully concretize the Party’s viewpoints and guidelines and the constitutional provisions on human rights, and fundamental rights and obligations of citizens; to integrate the treaties on human rights to which Vietnam has acceded into national laws; to clearly define the responsibility of state authorities to respect, guarantee and protect human rights and citizens’ rights. To properly adhere to the principles that citizens are entitled to do anything that is not banned by law; citizens’ rights are not separated from their obligations, and the exercise of human rights and citizens’ rights must not infringe upon the state-nation interests as well as the lawful rights and interests of organizations and individuals.
3. To further refine the legal system and rigorous, efficient law enforcement mechanisms, meeting the demands for rapid and sustainable national development
- To build a democratic, fair, humane, complete, timely, synchronous, consistent, public, transparent, stable, feasible and easily accessible legal system, which is fully capable of regulating social relations, taking the lawful and legitimate rights and interests of the people, organizations and enterprises as the center and promoting innovation. To concentrate on perfecting the legal system in all domains, promptly removing difficulties and hurdles, unlocking and promoting all potentials and resources, creating a new impetus for fast and sustainable national development. Particularly, to improve the law on organization and operation of the state apparatus and political system; to promote democracy, and guarantee and protect human rights and citizens’ rights, the socialist-oriented market economy institutions, and the relationship between the state, the market and the society; to develop education and training, science and technology; to develop human resources, attract and put talents in important positions; and in the domains of culture, information, communications, sports, healthcare, social security, environmental protection, adaptability to climate change; development of green economy, digital economy and circular economy; justice, national defense, national security, and social order and safety; external relations and international integration.
- To continue the process of revamping and enhancing the legislative procedures, emphasizing professionalism, scientific rigor, timeliness, feasibility, and overall efficiency. To establish clearer delineations in the policy formulation process and more clearly differentiate the legislation process and the sub-law documents. To encourage the dynamism, creativity, and active participation by all stakeholders, with a particular focus on enhancing the role and responsibilities of government bodies in the legislative process. To promote the active involvement of the Vietnam Fatherland Front, socio-political organizations, the general public, as well as experts and scientists in the legislative process. To improve the mechanism for social criticism, encompassing a more efficient response to public feedback and providing transparent explanations concerning the responses related to draft legal documents. To ensure synchronicity and timeliness in the formulation of policies and laws between the National Assembly and the Government, among various ministries, as well as between the central government and local administrations. To expand the diversity of sources of law, with a focus on the prominence of laws while simplifying and reducing the number of document types within the legal system. To accurately and transparently determine competent authorities for the issuance of legal documents, minimizing the use of ordinances to promulgate legal norms, to incorporate national matters of great importance into laws to the greatest extent possible under the jurisdiction of the National Assembly. To intensify the specific, directly applicable laws and address the instability of law and the delayed issuance of elaborations and guidelines thereof. To reinforce vigilant scrutiny and supervision of potentially unlawful legal documents, while ensuring discipline, order, and accountability, particularly among leaders, and make unwavering efforts to combat undesirable practices and the influence of “special interest groups” in the legislative process.
- To continue revamping law dissemination and education activities. To build more capable legal service, legal aid and legal support networks for facilitating the people’s and enterprises’ access to law. To revamp the law enforcement mechanism, closely combining law making with law enforcement to ensure that laws are enforced justly, strictly, consistently, promptly, effectively and efficiently. To clearly define the responsibility of organizations and individuals, especially units’ heads, in organizing law implementation. To strengthen law interpretation regulations. To enhance supervision, examination and inspection in order to detect and strictly and promptly handle law-breaking acts; to enhance law implementation in important fields related to the people’s essential interests; to strengthen the mechanism for promptly and efficiently receiving and handling petitions and reports of the people and enterprises.
- To cultivate human resources specialized in law and modernize the methodologies and tools employed in the processes of law making and enforcement. To strengthen legal affairs organizations, while simultaneously enhancing the competence, qualifications, and political acumen of the cadres and civil servants involved in these areas. To advance the field of legal science and elevate the standards of legal research and educational institutions. To develop suitable mechanisms for securing and expanding resources dedicated to investment, as well as revamp the allocation and efficient utilization of funds for law-making and law enforcement activities.
4. To further restructure and raise the operational quality of the National Assembly
- To persist in the development of the National Assembly as the paramount representative institution of the people, embodying their collective will and aspirations, and serving as the preeminent state authority. To advance the principles of democracy, the rule of law, modernization, professionalism, scientific rigor, openness, transparency, effectiveness, and efficiency in its structure and functioning, ensuring that the National Assembly effectively fulfills its roles in legislation, decision-making on critical national matters, and exercising supreme oversight over the State’s actions.
- To give prominence to the central role of National Assembly deputies; to heighten their performance quality and efficiency, meeting the requirements on standards and structure of National Assembly deputies; to rationally increase the number of full-time National Assembly deputies, and reduce the number of National Assembly deputies working in executive and judiciary authorities. To link the responsibility of National Assembly deputies to their electorates and voters; to vigorously renew the contents and forms of National Assembly deputies’ meetings with voters; to improve the mechanism of voters’ oversight and the mechanism, methods and criteria of evaluation of National Assembly deputies; to ensure conditions for National Assembly deputies to properly perform their central role.
- To continue renovating the organization and operation of the National Assembly in the direction of reasonably increasing its sessions; to consolidate the organization and heighten the operational efficiency of the National Assembly Standing Committee to properly perform its functions and tasks prescribed by the Constitution; to uphold the position and role of, and consolidate the organization and raise the operational capacity of the Ethnic Council and Committees of the National Assembly, as well as authorities of the National Assembly Standing Committee toward clear definition, proactivity, responsibility, specialization and alertness; to strengthen the institutions on National Assembly Secretary-General and Secretariat; to build e-National Assembly.
- To continue with substantive renewal, quality and efficiency improvement of legislative activities, ensuring the national governance by the Constitution and law and meeting the requirements of international integration.
- To conduct further research so as to determine more clearly the scope, objects, modes and forms of the National Assembly’s supreme oversight suitable to reality; to raise the quality of activities of questioning, expounding and overseeing legal documents, attaching importance to monitoring and urging the realization of petitions after the oversight; to strictly carry out the National Assembly’s taking of votes of confidence.
- To revamp the process of deciding on the state budget, ensuring it is a substantial process in couple with budget implementation supervision, step by step replacing resolutions with laws on finance and budget.
5. To continue to properly implement the Presidency under the Constitution
To accurately, comprehensively, and profoundly comprehend the President’s position, authority, and responsibilities as the head of state. To persist in conducting research to elucidate the responsibilities and powers of the President in the capacity as the supreme commander of the armed forces and as the chairperson of the Council for National Defense and Security, and the role in both domestic and international affairs as well as in the interactions with the National Assembly, Government, people’s courts, and people’s procuracies, all in accordance with the provisions of the Constitution.
6. To further renew the organization and operation of the Government and local administrations; build a people-serving, professional, law-governed, modern, effective and efficient state administration system
- To continue revamping the organization and operation of the Government and local administrations toward being streamlined and effective and efficient operation; to organize multi-branch and multi-sector ministries and specialized authorities; to rationally reduce the number of ministries, ministerial-level authorities and specialized authorities under provincial- and district-level People’s Committees. To enhance the role and heighten the responsibility of ministers in the capacity as cabinet members in macro-management and policy making. To adhere to the principle that one task is assigned to only one agency with the prime responsibility, while related authorities coordinate in its performance; to step by step abolish the interdisciplinary coordination mechanism in connection with clear definition of the responsibility of units’ heads. To bring into full play the position and role of the Government as the highest state administrative body, exercising the executive power, operating as the executive body of the National Assembly; to give prominence to promoting its proactivity and creativity, focusing on macro-management, formulation of policies, laws, strategies, master plans, plans, and inspection and supervision tools, ensuring the consistency, smoothness, discipline and order, effectiveness and efficiency of the national administration system. To revamp national governance to be modern, effective and efficient, focusing on development management; to guarantee the supremacy of the Constitution and law, raising transparency, accountability and involvement of the people.
- To clearly define the position, role, competence and responsibility of the Government in legislative work and its performance, increasing the policy response capacity; to ensure the proactive participation, close coordination and greater control of the Government over the national administration system and the exercise of legislative power.
- To build up a people-serving democratic, law-governed, professional, modern, scientific, clean, public and transparent administration system, forming a favorable environment for the people and enterprises. To further step up the administrative reform, focusing on raising the quality of cadres, civil servants and public employees with three key pillars: apparatus organization; public duties and civil servants; and e-administration system and digital transformation. To simplify administrative procedures, cutting unnecessary procedures which cause troubles to the people and enterprises and hinder healthy competition; to efficiently apply online public services; to build the digital economy, digital government and digital society. To continue with the reform for higher efficiency of public finance management and higher public service quality; to reorganize public non-business units to be streamlined, ensuring operation quality and efficiency.
- To improve the organization of local administrations suitable to urban, rural, mountainous and island areas, and special economic-administrative units; to rationally reduce levels of administration in a number of localities; to build the local administration model suitable to each locality in line with development requirements of each economic region or zone.
- To continue restructuring district- and commune-level administrative units; to study the pilot reorganization of provincial-level administrative units in conformity with the master plan on national and local administrative units; to formulate mechanisms, institutions and special policies to promote regional and inter-regional development and connectivity, meeting the requirements of the country’s socio-economic development and national defense and security maintenance.
- To step up the rational and scientific decentralization and delegation of powers in couple with higher responsibility and association with the assurance of law enforcement resources and capacity for localities and ministries; to intensify inspection and supervision; to ensure the Government’s unified management, while promoting the proactive and creative role and self-responsibility of localities and ministries. To clearly define the responsibilities between the Government and ministries; between ministries; and between the Government, ministries and local administrations; to thoroughly redress the overlapped functions, tasks and powers; to clearly define responsibilities between individuals and collectives, upholding the role and responsibility of individuals, especially units’ heads, in state administrative authorities.
- To concentrate on comprehensive development for higher quality of human resources up to the requirements of the national administration system; to vigorously reform the public-duty and civil-servant regimes; to perfect the system of working titles and positions, professional standards, criteria for evaluation of cadres, civil servants and public employees, based on the performance of assigned tasks with specific products and satisfaction of the people and enterprises.
7. To build a professional, modern, equitable, strict and uncorrupted judicial system serving the Fatherland and the people
- To improve judicial policies and laws, ensuring the respect for and protection of human rights and citizens’ rights. To perfect mechanisms for deterring, stopping and handling all acts of illegally intervening in judicial activities; to ensure the independence of courts according to the adjudicating jurisdiction, and that judges and assessors adjudicate independently and only abide by law.
- To establish an established institution of judicial proceedings with adjudication at its core and litigation as a pivotal avenue, ensuring that judicial proceedings are democratic, equitable, civilized, law-based, modern, stringent, and accessible, with a focus on preserving and upholding the rights of individuals. To efficiently implement expedited judicial proceedings and integrate non-judicial methods with judicial processes. To revamp and enhance the participation of the public in court adjudications to bolster effectiveness. To conduct comprehensive reviews and research to refined legal provisions pertaining to civil cases that involve vulnerable groups or cases with public interests where no lawsuit is filed.
- To improve mechanisms in order to address administrative relations between courts at different levels, ensuring the independence between different levels of adjudication and the independence of judges and assessors during adjudication. To clearly define the tasks of first-instance trial, appellate trial, review of court judgments and rulings under cassation or review procedures; to build e-courts. To determine the jurisdiction of courts in fully and properly exercising the judicial power; to expand the jurisdiction of courts to hear administrative violations and rule on a number of matters related to human rights and citizens’ rights. To study and clarify the jurisdiction of trial panels to institute cases at court hearings, and determine cases in which courts may collect evidence in adjudication activities.
- To improve the institutions helping people’s procuracies properly perform the function of exercising the right to prosecution and supervision of judicial activities; to perfect the mechanism to enhance the prosecution responsibility in investigation activities, and increase the internal control of the exercise of the rights to prosecution and supervision of adjudication activities in adherence to the principle that judges and assessors adjudicate independently and only abide by law.
- To continue the examination, adaptation, and reinforcement of the roles, responsibilities, and organizational structure of investigative bodies and authorities assigned to various investigative activities, which is aimed at achieving streamlined organization, professionalism, greater quality, efficiency and effectiveness, in alignment with the requirements and assigned tasks, while also contributing to the protection of the human rights and citizens’ rights of individuals who are apprehended, detained, or held in custody, in accordance with the law. To undertake a thorough investigation and refinement of the mechanism by which investigative bodies can request a review and resolution of cases in instances where their procedural orders or decisions are annulled or disapproved by procuratorial authorities in a manner that contravenes the law.
- To continue revamping the organization and operation of the system of judgment execution bodies. To perfect the criminal judgment execution mechanism toward further raising the effectiveness of the education and reformation of inmates and the management, supervision and education of people serving criminal judgments in communities; to better guarantee and protect human rights and citizen’s rights of judgment-serving persons in accordance with law. To perfect the mechanism for higher quality and effectiveness of the execution of civil and administrative judgments toward cutting time and costs. To raise the effectiveness of coordination among authorities in the execution of criminal, civil and administrative judgments; to mobilize social resources for carrying out a number of civil judgment execution activities with appropriate mechanisms and roadmaps.
- To perfect the institutions on lawyers and law practice, ensuring that lawyers properly exercise their rights and perform their obligations and responsibilities as prescribed by law. To heighten the effectiveness and efficiency of the state management as well as the self-management of socio-professional organizations with regard to lawyers, and uphold discipline and order in law practice activities. To intensify the training, building and development of the contingent of lawyers with firm political stuff, professional ethics, proper legal knowledge, professional skills and foreign language proficiency, meeting the requirements of judicial reform and international integration. To strengthen the lawyers’ associations at all levels, heightening their members’ role and responsibility in performing their tasks in accordance with law.
- To continue improving the mechanism to mobilize social resources for development of public notary, reconciliation, arbitration, bailiff, and judicial assessment services; to qualitatively and quantitatively develop the contingent of public notary, reconciliation, arbitration, bailiff and judicial assessment practitioners who perform their jobs professionally in compliance with law and professional ethics, meeting the public demand.
- To raise the role, professionalism and quality of legal aid, particularly in judicial proceedings activities; to modernize, and enhance the application of information technology in the legal aid system; to increase the categories of persons eligible for legal aid as suitable to the country’s conditions.
- To qualitatively and quantitatively develop human resources with a rational structure for the judicial sector. To raise the quality of judicial personnel training; to scrutinize and rationally reorganize law bachelor training institutions. To clearly define a system of standards on professional skills, political stuff, ethical quality, professional responsibility, legal, economic and social knowledge as well as practical experience for every judicial title holder and staff. To increase the sources, stepping up the application of the recruitment examination mechanism in order to appoint judicial title holders. To revamp policies, salary regime, working terms and mechanisms for the contingent of judicial staff, especially judges, to concentrate on their work, be just and righteous, impartial and professional, meeting their task requirements in the new situation.
8. To refine the mechanism for state power control; to intensify efforts in preventing and combating corruption and undesirable practices
- To establish a more effective mechanism for the exercise of state power, to more precisely define the specific roles, positions, functions, tasks, and powers of each state agency and establish clear relationships among state authorities engaged in the exercise of legislative, executive, and judicial powers; to ensure the unification of state power, enhance the clarity of assignments, encourage closer coordination, and strengthen power control within each state authority, among state authorities and between the central government and local administrations, as well as among various levels of local administration and different authorities at each administrative level. To more explicitly specify the jurisdictions and responsibilities of executive bodies in overseeing the authorities that exercise legislative and judicial powers, and of judicial bodies in supervising the authorities responsible for the executive and legislative powers. To control all powers with rigorously mechanisms, to ensure that power is be commensurate with responsibility, that the greater the power is, the higher the responsibility should be, and that instances of power abuse are thoroughly examined for liability and appropriately addressed. To control powers in line with tightening discipline and order in the activities of the State, as well as among cadres, civil servants, and public employees.
- To closely and efficiently combine various mechanisms for examining, overseeing and controlling the state power of the Party, the state and the people; to fully comply with the principle of centralized democracy, accountability, publicity and transparency in every state agency. To continue revamping, and raising the operational efficiency of, inspection, advisory and assisting bodies of the Party, and the inspection and state audit authorities. To improve the mechanism for the people’s direct control of the state power; to ensure the citizens’ right to access information, the rights to petition, report, complain and denounce, and other rights provided by the Constitution and law. To further promote the role of the Vietnam Fatherland Front, socio-political organizations, mass organizations and press authorities in supervising and controlling the state power.
- To resolutely and persistently fight, stop and curb corruption and undesirable practices. To study the formation of new institutions on power control, and prevention and combat of corruption and undesirable practices; to promulgate regulations on power control to prevent and combat corruption and undesirable practices in inspection, examination, audit, investigation, prosecution, trial and judgment execution activities; and in lawmaking work and the management and use of public finances and property. To create strict preventive mechanisms for corruption and undesirable practices; to promptly detect and strictly handle acts of corruption and undesirable practices so that nobody dares to commit; to ramp up the reform of wage policies, raising the living standards of cadres, civil servants and public employees; to build the culture of honesty, righteousness, and thrift so that nobody needs or wants to commit corruption and undesirable practices.
9. To promote and proactively involve in international integration to meet the requirements of building and perfecting the law-governed socialist state of Vietnam as well as constructing and defending the country in the new situation
- To perpetuate the improvement of mechanisms for proactive and active, comprehensive, extensive, and intensive international integration, while steadfastly pursuing an independent, sovereign, peaceful, friendly, cooperative, and development-oriented foreign policy. To ensure, to the utmost extent, the interests of the state and the nation based on the fundamental principles of the United Nations Charter and international law; to firmly uphold independence, sovereignty, unity, territorial integrity, national security, and the socialist regime. To actively engage in and contribute to the establishment and shaping of multilateral institutions and the international and regional order. To refine the laws governing the relationship between domestic and international law; to resolve jurisdictional and legal conflicts between Vietnam and other states effectively while ensuring the lawful and legitimate rights and interests of Vietnamese individuals, organizations, and state authorities. To perfect the mechanisms and enhance the capacity of relevant authorities and organizations, fully and efficiently fulfill the international commitments and treaties that Vietnam has concluded or acceded to.
- To raise the efficiency and quality of human resource training for international legal cooperation; to formulate mechanisms to promote the participation and presence of Vietnamese legal experts in international law institutions; to improve the legal mechanism on protection and defense of the lawful and legitimate rights and interests of Vietnamese citizens and legal persons overseas.
- To intensify the external information work concerning policies and guidelines of the Party, policies and laws of the state, achievements of Vietnam in building and perfecting the law-governed socialist state of Vietnam, and in socio-economic development, assurance and protection of human rights and citizen’s rights.
10. To enhance the Party’s leadership, promote the role of the Vietnam Fatherland Frond and the general public in building and perfecting the law-governed socialist state of Vietnam
- To continue revamping the mode of the Party’s leadership, ensuring the comprehensive and unified leadership of the Party, promoting the responsibility, dynamism, creativity, effectiveness and efficiency the state’s management and administration. To further renew for higher quality of the formulation, promulgation and implementation of Party resolutions. To enhance the leadership in building the organizational apparatus, the contingent of fully qualified, capable and prestigious cadres and civil servants at various levels, meeting the requirements and tasks of building the law-governed socialist state of Vietnam. To uphold the exemplifying role of cadres and Party members, especially the heads of units. To attach importance to leading the renewal for higher quality of legislative work, administrative reform and judicial reform. To further concretize the mode of the Party’s leadership through the promulgation or revision of specific regulations, procedures and processes and their publicization for cadres, Party members and the people oversee their implementation. To intensify the inspection and supervision of the concretization, institutionalization and organization of implementation of the Party’s guidelines and policies; to absolutely redress the incomplete, unserious and inefficient implementation.
- To continue concretizing, institutionalizing, improving and properly applying the mechanism of “the Party’s leadership, the state’s management, the people’s mastery” and the principle “the people know, the people discuss, the people act, the people inspect, the people oversee, and the people benefit.” All guidelines and policies of the Party and policies and laws of the state are for the interests and happiness of the people; to bring into full play the people’s mastery, dynamism and creativity. To perfect mechanisms in order to promote the people’s participation in building the Party and a clean and strong political system, and specific regulations which enhance and ensure that the Party is closely tied to the people and serves the people, submits to their supervision and takes responsibility for its decisions before them; to ensure that Party bodies and Party members operate within the framework of the Constitution and law, be really exemplary and take the lead in the observance of the Constitution and law.
- To persist in the restructuring of the organizational structure and operational mechanisms, to fully harness the potential of the Vietnam Fatherland Front, socio-political organizations, and mass organizations in the ongoing development and refinement of the law-governed socialist state of Vietnam. To institute and enhance mechanisms that enable the Vietnam Fatherland Front and socio-political organizations to effectively fulfill their roles as the core entities in promoting the people’s mastery, overseeing, offering social critiques to, actively participating in the governance of the Party and the State, maintaining checks on state authorities, and combating corruption and undesirable practices, thereby contributing significantly to bolstering the unity and strength of the nation in the pursuit of national construction and defense.
V - ORGANIZATION OF IMPLEMENTATION
1. The Politburo shall formulate a plan for the execution of this Resolution and assume the leadership and oversight of its coherent, punctual, and efficient implementation in order to make a profound transformation in the attitudes and actions of the entire political system and the society, with respect to the construction and enhancement of the law-governed socialist state of Vietnam.
2. Provincial-level Party Committees, Party Commissions, Party boards, Party bodies and Party committees affiliated with the Party Central Committee shall facilitate the study and comprehension of this Resolution as well as formulate programs and plans for execution thereof.
3. The Party body of the National Assembly, the Party board of the Government, the Party board of the Supreme People’s Court, and the Party board of the Supreme People’s Procuracy shall direct the review and revision of relevant legal documents to ensure their synchronism and consistency, laying the legal foundation for performing the mission of building the law-governed socialist state of Vietnam and overseeing the implementation of this Resolution.
4. The Vietnam Fatherland Front and socio-political organizations shall intensify their efforts in terms of oversight and social criticism while enhancing their mobilization of people from all societal backgrounds to actively engage in the construction of the law-governed socialist state of Vietnam and to monitor the execution of this Resolution.
5. The Central Propaganda and Training Commission shall take the lead and collaborate with the Central Committee for Internal Affairs to aid the Politburo and the Secretariat in guiding and orchestrating the study and comprehension of this Resolution as well as disseminating and popularizing it; provide direction to press agencies to expand their coverage of the law-governed socialist state of Vietnam and the progress made in implementing this Resolution.
6. The Central Committee for Internal Affairs shall assume the prime responsibility for, and coordinate with related authorities in, regularly pushing, guiding, examining and overseeing the implementation of this Resolution; make periodical reviews, and report implementation results to the Politburo and the Secretariat.
| ON BEHALF OF THE CENTRAL COMMITTEE
Nguyen Phu Trong |
VIETNAMESE DOCUMENTS
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ENGLISH DOCUMENTS
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