The Resolution of the VIth National Congress of Viet Nam’s Communist Party dated 18/12/1986 stated that: “To promote the collective ownership of the working class, to enhance the management efficiency of the socialist State. Under the Party’s leadership, to strengthen and promote the role of the Fatherland Front and mass organizations, especially the Union, Communist Youth Union, Women’s Union, collective Farmer Union, etc. To renovate the operational contents and methods of mass organizations, focusing on the grassroots and increasing the people’s participation in revolutionary movements. To build the working class, collective farmer class and socialist intellectual class; to strengthen the alliance of the working and farmer class; to improve education for the youth; to strengthen the unity of the people, ethnic groups and religions. To implement socialist democracy, respect and ensure citizen rights; to fight against bureaucratic authoritarian, bullying the people in the leadership and management apparatus at all levels. To strictly implement the slogan ‘the people know, the people discuss, the people do and the people investigate; all is for the people and by the people’. To encourage and mobilize the people taking part in the socio-economic management and economic reform. To carry out education and training of the new people, develop new working teams, discover and foster the talent, through the movement of socio-economic development.
It is believed that the slogan ‘the people know, the people discuss, the people do and the people investigate’ has become the action maxim of the Party’s agencies and organizations, State agencies at the central and local levels for a long period to this moment. This maxim has always been emphasized and reconfirmed in the Party’s resolutions, political reports of the VIIth, VIIIth, IXth, Xth and XIth National Congress. This maxim not only promotes democracy of the people in the society, but also enhance the State management efficiency in all aspects of the socio-economic life, especially in the context of rapid socio-economic development which brings about numerous challenges for the State management.
In the State management of law implementation, on 22/8/2008, the Government adopted Decree No. 93/2008/ND-CP on functions, tasks, powers and organizational structure of the Ministry of Justice, and assigned the Ministry to exercise the State management function in law implementation with two specific tasks: overall monitoring of nationwide law implementation; and guiding and supervising ministries, ministerial agencies, Government’s agencies, people’s councils and committees of provinces and centrally-run cities in monitoring law implementation.
Despite the fact that this function is assigned to the Ministry of Justice, but monitoring law implementation is an important, but heavy, tak not only for the Ministry of Justice, but also for all other ministries, branches and localities throughout the country. Even if this task – a task relates to all fields of the socio-economic life and at all levels and scopes, is assigned to all State agencies, it is essential to include the people’s participation.
The people’s participation is not only the people’s responsibility toward the common cause, but also a right ensured by the Party and State on the basis of the above maxim, ensuring the State management efficiency in this challenging task. In the Hochiminh Volume No. 12 page 212, “Speech at a training course for district leaders” on 18/01/1967, Uncle Ho said: “What our comrades in Quang Binh provinces said is right: A 10-time easy job without the people’s supports is impossible; a 100-time difficult job with the people’s supports is possible”.
In the practice, researches on role of social organizations and individuals in State management in general and monitoring law implementation in particular has been implementing in many agencies and organizations. The United Nations Development Programme (UNDP) supported development of a research report on monitoring law implementation of the Ministry of Justice within the framework of Project VIE/02/015. Based on this research report, the Ministry of Justice prepared and submitted the Prime Minister Decision No. 1987/QD-TTg on approval of Project “Exercising the monitoring function of law implementation”. At the same time, on 03/3/2010, the Minister of Justice adopted Circular No. 03/2010/TT-BTP on guidelines of monitoring law implementation. These documents are initial legal basis for exercising the monitoring function of law implementation.
Following this research, on 23/7/2012, the Government adopted Decree No. 59/2012/ND-CP on monitoring law implementation. This Decree consists of 5 chapters and 20 articles with specific provisions on contents, implementation and responsibilities of State agencies’ in monitoring law implementation. Decree No. 59/2012/ND-CP stipulates that: “Mobilization of participations of political organizations, socio-political organizations, socio-vocational organizations and the people” is one of the five fundamental principles of monitoring law implementation. The participation of organizations and individuals is not only prescribed in Article 4, but also in many other articles, clauses such as: Article 6 “Participation of organizations, individuals in monitoring law implementation”, Article 11 on “Collection of data on monitoring law implementation”.
With supports of Project “Strengthening Access to Justice and Protection of Rights in Viet Nam” (funded by UNDP), the Department of General Affairs of Legislative Development recruited a team of national experts to conduct a research study on the role of organizations and individuals in monitoring law implementation. This research is believed to be of necessity and will provide basis to specify participation mechanism for organizations and individuals in monitoring law implementation.
Within a short period, the expert team has completed the report with good quality. The report focuses on the following main contents:
1. Role of organizations and individuals in monitoring law implementation in Viet Nam: According to the current laws of Vietnam, there is no consistent regulations on classification of organizations, especially specific provisions on organizations’ responsibilities in taking part in State management in general and law implementation in particular. Therefore, with the Project’s supports, the research shall only select and analyze some typical organizations whose roles and participation in State management are stipulated relatively clear in the law. Specifically, the research focuses on analysing the participation of the Fatherland Front and Viet Nam Chamber of Commerce and Industry – its role and participation in State management and monitoring law implementation. For individuals, there are no specific regulations on individuals’ role in monitoring law implementation. Individuals’ role is only stipulated through certain status of individuals such as the National Assembly’s members, voters, etc. Therefore, the research report will base on specific regulations to select and analyze individuals’ participation according to their status. This is in line with the Project’s supporting resources.
2. International experience related to the role of organizations, individuals in ensuring and/or monitoring law implementation: With the Project’s financial and technical supports, based on proposals of an international expert and discussions with relevant agencies, organizations, countries selected for the research are the Phillipines, China and United Kingdom. The Phillipines represents developing countries and Southeast Asia countries; China represents transitional countries and Asian countries; United Kingdom represents developed countries, European countries and countries with customary law. The research will analyze international experiences in the following aspects: (1) Role of organizations in monitoring law implementation according to the current laws and its regulations; (2) Role of individuals in monitoring law implementation according to the current laws; and (3) Form of participation, contributions of organizations, indidividuals in State management, monitoring law implemenation and other State activities, focusing on activities to ensure and enhance law implementation, and improve the legal system.
3. General recommendations: In addition to contents related to Viet Nam’s current laws and practice of monitoring law implementation and international experiences of selected countries, the research report will introduce some general recommendations withdrawn from Viet Nam’s and other countries’ laws and practices. These recommendations include the following: (1) Assessment of applicability of international experiences related to role of organizations and individuals in monitoring law implementation in Viet Nam; (2) Recommendations to improve the coordination mechanism between State agencies and organizations, individuals in State management and monitoring law implementation; and (3) Recommendations to improve the legal grounds for participation of organizations and individuals in State management in general and monitoring law implementation in particular.
Hopefully, the research report will provide a useful information resource in enhancement and improvement of the monitoring mechanims of law implementation in Viet Nam.
Focal point: Nguyen Hong Tuyen, Deputy Director General, Department of General Affairs of Legislative Development, Ministry of Justice, tel: 62739383, email: tuyendn@moj.gov.vn