Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.Cơ chế pháp lý kiểm soát quyền lập quy của Chính phủ Việt Nam.
NATIONAL ACADEMY OF POLITICS TRINH XUAN THANG LEGAL MECHANISM TO CONTROL THE REGULATIONMAKING POWER OF THE VIETNAMESE GOVERNMENT DOCTORAL THESIS SUMMARY MAJOR: THEORY AND HISTORY OF STATE AND LAW Code: 38 01 06 HA NOI - 2023 This thesis was completed at Ho Chi Minh National Academy of Politics Scientific instructor: Assoc.Prof Dr Trinh Duc Thao Dr Le Dinh Mui Examiner 1: Examiner 2: Examiner 3: The thesis will be defended in front of the Academy-level Thesis Judging Committee in the meeting at Ho Chi Minh National Academy of Politics At hour day month year 20… The thesis can be referred at the National Library of Vietnam and the Library of Ho Chi Minh National Academy of Politics LIST OF THE AUTHOR’S PUBLISHED WORKS Trinh Xuan Thang (2012), Controlling state power through publicity and transparency in the activities of the state apparatus, Journal of Theoretical Living, No 04 (113) Trinh Xuan Thang (2013), People's participation in State management through the Fatherland Front, State Organization Magazine, December 2013 issue Trinh Xuan Thang (2017), Administrative Judiciary - mechanism to control state power of the judiciary over the executive, Journal of Legislative Studies, No (322), issue Trinh Xuan Thang (2020), V.I.Lenin's views on controlling state power and recommendations for improvement, Journal of Law, No 9/2019 Trinh Xuan Thang (2020), Legal mechanism controlling legislative power in Vietnam, Journal of Political Theory, No 3/2020 Trinh Xuan Thang (2020), “Mechanism for control of legislative power in the 2013 Constitution of Vietnam”, Proceedings of the International Conference “Asian Constitutional law: Recent Developments and Trends”, National University Publishing House, Hanoi, September /2020 Trinh Xuan Thang (2021), "Applying new points in the document of the 13th Party Congress on controlling state power in teaching political theory", Proceedings of the Scientific Conference "Applying points in the documents of the 13th Party Congress on the teaching of political theory" at present-day Universities and Colleges, Can Tho University Publishing House Trinh Xuan Thang (2022), Promoting the role of the people in controlling the Government's right to make regulations, Journal of Political Theory, No 6/2022 Trinh Xuan Thang (2022), The role of digital government in controlling power over state administrative agencies, Proceedings of the International Scientific Conference "National governance in the context of digital transformation - Digital Government Policy: International experience and reference value in digital governance in Vietnam", National Academy of Public Administration, OECD Korea Policy Center, Information and Communications Publishing House, Hanoi, year 2022 2 INTRODUCTION Rationale Controlling the state power is an objective necessity to ensure that power truly belongs to the people and that all decisions and actions of the state apparatus serve the great interests of the people To ensure the effectiveness and efficiency in the organization and exercise of state power, all state power must be appropriately assigned, coordination and control mechanisms Controlling power between branches of power is an operating principle of the rule of law This principle has been stipulated in Clause 3, Article of the Constitution of the Socialist Republic of Vietnam in 2013: "State power is unified, with division, coordination and control among state agencies in the exercise of legislative, executive and judicial powers" Resolution of the 6th Central Executive Committee Conference, term The goals and tasks of building and perfecting the socialist rule-of-law state of Vietnam need to ensure: "state power is unified, has clear division, close coordination, and effective control." between state agencies in the exercise of legislative, executive, judicial powers and people's supervision, under the leadership of the Party" The power to make regulations, one of the important powers under the executive power exercised by the Government, to promulgate legal documents under the law is one of the important parts of the legal system At the same time, the Government 's right to make regulations is both legislative and discretionary, which can promote initiative, flexibility, and creativity, but also contains many risks and a high risk of abuse of power in exercising the Government's rule-making power Therefore, it is necessary to have a mechanism to control the Government's regulatory power to ensure that this power is implemented correctly, fully and promptly, in order to create a quality legal system and timely service, effective for state management activities From the practice of organizing state power in our country in recent times, it has been shown that there are many mechanisms to control the Government's regulationmaking power, including legal mechanisms to control the Government's regulationmaking power The elements of the legal mechanism controlling the Government's rule-making power, including the legal institutional system, legal institutions and the relationship between these elements are gradually being built and perfected However, besides the achieved results, the legal mechanism for controlling the Government's regulatory activities in our country today still has many limitations and inadequacies (both in terms of legal institutions and legal institutions) and the relationship between these factors) With that meaning, the author chose the issue "Legal mechanism controlling the rule-making power of the Vietnamese Government" as the topic of his doctoral dissertation in jurisprudence, majoring in Theory and History of State and Law 3 Research aims and the scope of the thesis 2.1 Research aims Based on research to clarify the theoretical and practical basis of the legal mechanism controlling the Government's right to make regulations, the thesis proposes perspectives and solutions to build and perfect the legal mechanism controlling the right to make regulations current regulations of the Vietnamese Government 2.2 Research activities Firstly, provide an overview of the relevant research on the topic Secondly, research and build a theoretical basis for the legal mechanism to control the Government's regulation-making power Thirdly, the study clarifies the current status of the legal mechanism controlling the regulation-making power of the Vietnamese Government Fourthly, research, explain opinions and propose solutions to build and improve the legal mechanism on controlling the regulatory power of the Vietnamese Government today Research subjects and scope of the thesis 3.1 Research subjects Research topic on the theory and practice of the legal mechanism controlling the rule-making power of the Vietnamese Government from the perspective of theory, State history and law, including scientific perspectives and regulations of the Government Law on the legal mechanism to control the regulation-making power of the Government of Vietnam; Practices and solutions for building and perfecting the legal mechanism to control the regulation-making power of the Vietnamese Government 3.2 Research scope - In content terms: There are many different views on the constituent elements of the legal mechanism This thesis focuses on research on legal institutions, legal institutions, and the operating method of the mechanism to control the right to make regulations government - In spatial terms: The thesis researches the content and constituent elements of the legal mechanism controlling the Government's rule-making power mainly in the country, including references to experience abroad - In temporal terms: The thesis studies the contents and constituent elements of the legal mechanism controlling the Government's rule-making power mainly since the promulgation of the Constitution of the Socialist Republic of Vietnam in 2013 and current legal documents currently in effect, including expanding and comparing provisions in a number of previous Constitutions and legal documents of Vietnam Theoretical framework and research methodology 4.1 Theoretical framework The thesis approaches research on the following theoretical basis: Theoretical basis of Marxism - Leninism, Ho Chi Minh's ideology on state and law; The Party's viewpoints and guidelines, the State's policies and laws on building and perfecting the Vietnamese socialist rule-of-law state, especially on perfecting the mechanism to control state power, in That includes the legal mechanism to control the Government's regulatory power 4.2 Research methodology The thesis uses the research methodology of dialectical materialism and historical materialism In addition, the thesis uses specific research methods such as: statistical methods; comparative jurisprudence method; methods of analysis and synthesis; historical-logical method; generalize, systematize, etc New contributions of the thesis The thesis is a research work on the legal mechanism controlling the regulationmaking power of the Vietnamese Government, so it has the following new scientific contributions: - The thesis has reviewed the scientific works that have been published at home and abroad related to the research topic, thereby pointing out the problems that have been researched and identifying the problems that have arisen topic that needs further research in the thesis - The thesis has established the concept and pointed out the characteristics and constituent elements of the legal mechanism controlling the Government's regulationmaking power Based on the study of the mechanism to control the Government's regulatory power in a number of countries around the world, the thesis also identifies reference values for perfecting the legal mechanism to control the regulation-making power of the Vietnamese Government today - From analyzing the current situation of the legal mechanism controlling the regulation-making power of the Vietnamese Government, the thesis points out the conclusions, limitations and causes of these achievements and limitations - The thesis identifies viewpoints and proposes three groups of solutions to continue building and perfecting the legal mechanism to control the regulationmaking power of the Vietnamese Government today Theoretical and practical significance of the Thesis 6.1 Theoretical significance The research results of the thesis contribute to supplementing and enriching theoretical issues about state power control mechanisms in general, and at the same time contribute to a relatively complete and systematic analysis of theoretical issues argument of the legal mechanism controlling the Government's rule-making power 6.2 Practical significance With the research results achieved, the thesis can be used as a useful reference for competent state agencies in making policies, perfecting institutions, and improving efficiency of organizing and controlling the Government's regulation-making power; contributing to building and perfecting the socialist rule of law state of Vietnam At the same time, the research results of the thesis can also serve as a reference to serve the study and research of students, graduate students, and graduate students majoring in General Theory and History of the State and Law in training institutions The thesis is also a useful reference for researchers related to the scope of content of the topic Structure of the thesis In addition to the introduction, conclusion, list of references, appendices, and list of author's published works related to the thesis topic, the thesis content is structured in 04 chapters, 10 sections Chapter OVERVIEW OF RESEARCH SITUATION RELATED TO THE TOPIC AND ISSUES THAT NEED TO BE CONTINUOUS RESEARCH 1.1 OVERVIEW OF RESEARCH WORKS RELATED TO THE TOPIC 1.1.1 Research projects in the country 1.1.1.1 Research projects related to the Government's regulation-making power and control of its regulation-making power The government is defined in the 2013 Constitution as the agency that exercises executive power - one of the three branches of power, so this is the subject of research of many legal works The Government's right to make regulations is one of the basic and important methods to exercise executive power, so there are quite a few research works on the Government's right to make regulations 1.1.1.2 Research projects related to legal mechanisms and legal mechanisms controlling the Government's regulatory power * Research projects related to legal mechanisms controlling state power * Research projects related to the legal mechanism controlling the Government's regulatory power - Research works related to legal institutions controlling the Government's regulatory power - Research projects related to institutions controlling the Government's rulemaking power 1.1.2 Overseas research projects Controlling the Government's regulatory power is one of the contents in controlling state power that many foreign scientists are interested in researching The works approach the study of controlling the Government's regulatory power from many different perspectives, including some typical works as follows: Firstly, the research works clarify the necessity and methods of controlling the Government's regulatory power Secondly, a group of research works on institutions and mechanisms that control the Government's rule-making power 1.2 GENERAL ASSESSMENT AND ISSUES THAT NEED CONTINUOUS RESEARCH 1.2.1 General assessment of the research results inherited and continued to be developed by the thesis * In terms of theory: Number of works have introduced the concept of rulemaking power, affirming that the right to make rules is a content of executive power Although the understanding of the right to make regulations is still different, many works agree that the right to make regulations is the right to promulgate legal documents The works confirm that there are many subjects exercising the right to make regulations, of which the Government is an important subject Some projects that access the Government's right to make regulations include normative documents promulgated by the Government collectively, and legal documents promulgated by individual members of the Government * In terms of practicality: - Some works within the scope of my research have also mentioned, although not very focused or systematic, the inadequacies in the legal provisions on controlling the Government's regulatory power from controlling subjects different controls such as the National Assembly, the Court, and the People This is a useful document for the author in researching the current situation of the legal mechanism controlling the Government's regulatory power - Some projects have also evaluated the inadequacies in the capacity and organization of some entities controlling the power to make regulations in particular or conducting supervision in general such as the National Assembly and the Vietnam Fatherland Front, the Court and the people have also initially evaluated the activities of controlling the rule-making power of these subjects in recent times 1.2.2 The issues raised need further research * In terms of theory: - Previous works have not provided the concept of a legal mechanism to control the Government's regulation-making power; the need to control the Government's regulatory power has not been pointed out At the same time, there is no work that directly addresses the characteristics and role of the legal mechanism controlling the Government's regulation-making power; Constitutive elements and factors affecting the legal mechanism controlling the Government's regulatory power In this thesis, the author will clarify these contents - The works have not fully and systematically mentioned the experiences of countries around the world regarding the legal mechanism controlling the Government's regulatory power in some countries The thesis will research to draw reference values for Vietnam in perfecting the legal mechanism to control the Government's regulatory power * In terms of practicality: - Although the works have mentioned our country's system of legal regulations on controlling the Government's regulation-making power, it is still fragmentary and not systematic At the same time, there is no work that comprehensively evaluates the current status of institutions controlling the regulatory power of the Vietnamese Government The thesis will evaluate, analyze and clarify these contents - The thesis will have a complete and comprehensive assessment of the current status of the operation of the legal mechanism controlling the regulation-making power of the Vietnamese Government over the past time, clarifying these achievements and limitations - The thesis will also propose and thoroughly explain perspectives and solutions to continue building and perfecting institutions, mechanisms and operations of the legal mechanism controlling the Government's rule-making power government 1.3.1 Scientific i hypothese and research questions 1.3.1.1 Scientific hypotheses: The legal mechanism controlling the regulatory power of the Vietnamese Government has been established and is being operated in practice, but this mechanism may still experiences certain limitations and inadequacies compared to construction requirements and perfecting the rule of law state of Vietnam Therefore, if the theoretical and practical bases are scientifically researched and interpreted, on that basis, viewpoints and solutions will be proposed to continue improving the legal mechanism to control the Government's regulationmaking power Scientifically and synchronously in terms of institutions, mechanisms and operating methods, it will contribute to improving the operational efficiency of this power control mechanism, meeting the requirements of building and perfecting the legal State Vietnam's socialist rights today 1.3.1.2 Research questions During the process of researching the topic, the thesis focuses on answering the following groups of questions: (1) What are the characteristics of the legal mechanism controlling the Government's regulatory power? What basic elements is this mechanism composed of? What is the role of this mechanism in ensuring the effective implementation of the Government's regulatory power? What values can be referenced from the legal mechanism controlling the regulatory power of Governments in some countries around the world? (2) What are the current status of the constituent elements and operation of the legal mechanism controlling the regulatory power of the Vietnamese Government and what are the main limitations and shortcomings? What is the basic cause of the achieved results and these limitations and inadequacies? (3) What viewpoints and solutions need to be thoroughly grasped and implemented to continue building and perfecting the legal mechanism controlling the regulatory power of the Vietnamese Government today? Chapter THEORETICAL BASIS OF THE LEGAL CONTROL MECHANISM GOVERNMENT'S REGULATION RIGHTS 2.1 CONCEPT, CHARACTERISTICS, ROLE OF LEGAL MECHANISM CONTROLLING THE GOVERNMENT'S REGULATION RIGHTS 2.1.1 The concept of the right to make regulations, the right to make regulations of the Government 2.1.1.1 The concept of rule-making power According to the thesis author, the concept of rule-making power in this thesis is approached in a broad sense Specifically, the right to make regulations is understood as the right to promulgate or jointly promulgate legal regulations under the laws of state agencies and competent persons in order to detail and guide the implementation of legal regulations issued by the agency Legislative bodies and state agencies at higher levels promulgate or regulate new issues that not have governing laws but are authorized by the legislature according to the forms, order and procedures prescribed by law 2.1.1.2 Concept and characteristics of the Government's right to make regulations * Concept of the Government's right to make regulations In this thesis, the right to make regulations of the Vietnamese Government is approached in a broad sense Specifically, the right to make regulations of the Government of Vietnam is understood as the right to promulgate or jointly promulgate legal regulations under the collective laws of the Government, the Prime Minister, Ministers, and Heads of ministerial-level agencies to enforce legal regulations promulgated by legislatures or other competent agencies or regulations on new issues that not have governing laws but are authorized by the legislature in the form of documents, procedures and procedures customs prescribed by law * Characteristics of the Government's right to make regulations Firstly, the Government's right to make regulations is an objective necessity Secondly, the Government 's rule-making power is a part of the executive power, with a close relationship with the power areas of the state apparatus Thirdly, exercising the right to make regulations is a creative activity Fourthly, the Government 's rule-making power promulgates legal documents of a sub-law nature, are generally mandatory nationwide and have diverse form 2.1.2 Concept of legal mechanism controlling the Government's regulatory power Theoretically, to understand what the legal mechanism is to control the Government 's regulatory power, it is necessary to clarify a number of related concepts: * Concept of legal mechanism According to the author of the thesis, the concept of Legal Mechanism can be understood as follows: "Legal mechanism is a whole including legal institutions, institutions (state and society) and methods of operation in these certain conditions to achieve specific goals" * Concept of legal mechanism to control state power According to the author of the thesis, the concept of Legal mechanism controlling state management is understood as follows: "The legal mechanism controlling state power is a whole including legal institutions, institutions (state and society) ) and operating methods under certain conditions related to controlling state power to prevent and eliminate risks and wrongdoings of subjects exercising state power, ensuring State power is organized and implemented in accordance with the Constitution and laws, for the desired and effective purposes * Concept of legal mechanism controlling the Government's regulatory power The Government's right to make regulations is a content of executive power one of three areas of state power in the organization and operation of the Vietnamese Socialist Rule-of-Law State Therefore, from approaches to the concept of the government's regulatory power; Legal mechanism, legal mechanism to control state management as above, according to the thesis author can give the concept of legal mechanism to control the Government's right to make regulations as , follows "Legal 10 mechanism to control the right to Government regulation is a whole consisting of legal institutions, institutions (state and society) and operating methods under certain conditions related to controlling the Government's regulation power to ensure ensure that the Government's right to make regulations is organized and implemented in accordance with the Constitution and laws and is effective" 2.1.3 Characteristics and roles of the legal mechanism controlling the Government's regulation-making power 2.1.3.1 Characteristics of the legal mechanism controlling the Government's regulatory power The legal mechanism to control the power to make regulations is an integral part of the mechanism to control executive power in particular, and the mechanism to control state power in general with the following characteristics: First, the legal mechanism controlling the Government 's regulatory power is a specific form of the general legal mechanism Second, the legal mechanism controlling the Government 's regulatory power is a whole consisting of legal institutions, institutions (state and society) and operating methods related to controlling the legislative right Government regulations Third, the purpose of this mechanism is to effectively control the Government 's regulatory power in practice Fourth, the mechanism to control the Government's regulatory power operates in a variety of ways with many control methods associated with legal provisions on the legal status, duties and powers of the subject Fifth, the legal mechanism controlling the Government's regulatory power is always flexible, constantly developing and increasingly perfect 2.1.3.2 The role of the legal mechanism controlling the regulation-making power of the Vietnamese Government First, the legal mechanism controlling the Government's rule-making power is an important means to contribute to building and perfecting the socialist rule-of-law state in Vietnam Second, the legal mechanism controlling the Government's right to make regulations contributes to ensuring socialist legality and ensuring the consistency of the legal system Third, the legal mechanism controlling the Government's rule-making power contributes to preventing abuse of power in exercising the Government's executive power Fourth, the legal mechanism controlling the Government's right to make regulations contributes to protecting human rights and citizens' rights 11 2.2 CONSTITUENT ELEMENTS OF THE LEGAL MECHANISM CONTROLLING THE GOVERNMENT'S REGULATION RIGHTS 2.2.1 Legal institutions control the Government's rule-making power The institutional system controlling the Government's regulation-making power needs to ensure regulations on the following contents: Firstly, institutions regulate the purpose of controlling the Government's regulatory power Second, institutions regulate the legal status of subjects and objects that control the Government's regulation-making power Third, institutions regulate the methods and forms of controlling the Government's rule-making power Fourth, legal institutions regulate the order and procedures for controlling the Government's regulation-making power Fifth, institutions regulating legal consequences control the Government's rulemaking power 2.2.2 Legal institutions control the Government 's rule-making power Institutions controlling the right to make regulations within the Government apparatus include: the Government Collective, the Prime Minister, Ministers, and heads of ministerial-level agencies Institutions controlling regulatory power outside the Government apparatus include: First, the National Assembly Second, the People's Court Third, the President Fourth, people's supervision through the Fatherland Front and socio-political organizations Fifth, social, socio-professional organizations 2.2.3 The operating method of the legal mechanism controlling the Government's regulatory power 2.3 FACTORS AFFECTING THE LEGAL MECHANISM CONTROLLING THE GOVERNMENT 'S REGULATION RIGHTS These factors can have positive or negative impacts on the operational effectiveness of the legal mechanism controlling the Government 's regulatory power Among them, there are a number of factors that affect the legal mechanism controlling the Government's regulation-making power, mainly as follows: First, political - ideological factors Second, economic factors Third, cultural and social factors 12 2.4 LEGAL MECHANISM CONTROLLING THE GOVERNMENT'S REGULATION RIGHTS IN SOME COUNTRIES AND REFERENCE VALUE FOR VIETNAM 2.4.1 The legal mechanism that controls the regulatory power of the Government in some countries First, the legal mechanism controls the regulatory power of the French Government Second, the legal mechanism controls the British Government's regulatory power Third, the legal mechanism controls the regulatory power of the US Government Fourth, the legal mechanism controls the Government's regulatory power in China 2.4.2 Some reference values for Vietnam Firstly, some countries also pay attention to attracting people's participation in building and drafting the Government's legal documents, such as the United States Second, all countries pay attention to the National Assembly's control of the Government's regulation-making power because the regulation-making power is essentially also legislative authorization from the National Assembly Once authorized, it must control how that power is implemented How is it now? Third, some countries establish specialized agencies within the National Assembly to control the exercise of regulatory power by the Government and other agencies Fourth, although the laws of many countries have given the National Assembly great power to control the Government's regulation-making power, the organization and operation of the National Assembly still have limitations in implementing control activities, so the law The laws of many countries also give great power to the Courts and judicial agencies in controlling the Government's regulation-making power Chapter ACHIEVEMENTS AND LIMITATIONS OF THE LEGAL MECHANISM CONTROLLING THE REGULATORY RIGHTS OF THE GOVERNMENT OF VIETNAM AND THE CAUSES 3.1 ACHIEVEMENTS OF THE LEGAL MECHANISM CONTROLLING THE REGULATORY RIGHTS OF THE GOVERNMENT OF VIETNAM AND THE CAUSES OF THE ACHIEVEMENTS 3.1.1 Achievements of the legal mechanism controlling the regulationmaking power of the Vietnamese Government 13 3.1.1.1 Achievements in National Assembly controlling over the Vietnamese Government's rule-making power * Achievements in legal institutions regulating the National Assembly's control over the Government's rule-making power First, legal institutions regulate the authority and scope of control of the National Assembly over the Government's rule-making power Second, legal institutions regulate the form, order and procedures of the National Assembly's control over the Government's rule-making power Third, legal institutions regulate the legal consequences of the National Assembly's control over the Government's rule-making power * Achievements in the organizational apparatus of the National Assembly institution to control the Government's rule-making power *Achievements in the National Assembly's control activities over the Government's regulation-making power 3.1.1.2 Achievements in the President's control over the regulation-making power of the Vietnamese Government * Achievements in legal institutions regulating the President's control over the Government's rule-making power * Achievements in organizational apparatus of the Presidential institution in controlling the Government's rule-making power * Achievements in the President's control activities over the Government's rulemaking power 3.1.1.3 Achievements in self-control over the Government's rule-making power * Legal institutions on self-control over the Government's regulation-making power First, the legal institution regulates the Government's self-control authority to make regulations Second, legal institutions regulate the form, order, and procedures for selfcontrol of the Government's regulation-making power Third, legal institutions regulate the legal consequences of the Government's method of self-control of regulation-making power * Achievements in the organizational structure of the self-control institution for the Government's rule-making power *Achievements in self-control of the Government's regulation-making power 3.1.1.4 Achievements in the People 's Court 's control over the regulationmaking power of the Vietnamese Government 14 * Achievements in legal institutions regarding the People's Court's control over the Government's rule-making power First, the legal institution regulates the People's Court's control authority over the Government's rule-making power Second, the legal institution regulates the form, order and procedures of the People's Court's control over the Government's rule-making power Third, legal institutions regulate the legal consequences of the People's Court's control over the Government's rule-making power * Achievements in organizational apparatus of the People's Court institution in controlling the Government's rule-making power * Achievements in the People's Court's control activities over the Government's rule-making power 3.1.1.5 Achievements in control of the Vietnam Fatherland Front and its member organizations over the Government's rule-making power * Achievements in legal institutions on control of the Vietnam Fatherland Front and its member organizations over the Government's rule-making power First, the legal institution regulates the authority of the Vietnam Fatherland Front and its member organizations in controlling the Government's rule-making power Second, the legal institution regulates the form, order, and control procedures of the Vietnam Fatherland Front and its member organizations in controlling the Government's rule-making power Third, the legal institution regulates the legal consequences of the Vietnam Fatherland Front and its member organizations in controlling the Government's rulemaking power * Achievements in the organizational structure of the Vietnam Fatherland Front institution and the Front's member organizations in controlling the Government's rulemaking power * Achievements in control activities of the Vietnam Fatherland Front and its member organizations over the Government's rule-making power 3.1.2 Causes of achievements Firstly, due to the importance of the legal system and the need to control the Government's regulatory power in the process of developing these legal documents, subjects have been more deeply aware and promoted take more seriously Second, the institution controlling the Government's rule-making power is becoming more and more perfect Third, with the development of the country's education system, science, technology and life, it creates a foundation for subjects to actively participate in controlling the Government's regulatory power 15 Fourth, the country's economic development creates a premise and foundation for controlling the Government's regulatory power Fifth, the trend of democratization in the world and people's increasing awareness of democracy also create favorable conditions for controlling the Government's regulatory power 3.2 LIMITATIONS OF THE LEGAL MECHANISM CONTROLLING THE REGULATORY RIGHTS OF THE GOVERNMENT OF VIETNAM AND THE CAUSES OF THE LIMITATIONS 3.2.1 Limitations of the legal mechanism controlling the regulation-making power of the Vietnamese Government 3.2.1.1 Limitations on National Assembly control over the Vietnamese Government's rule-making power * Limitations on legal institutions regulating the National Assembly's control over the Government's rule-making power Firstly, the institutional regulations on the scope of supervision of the National Assembly are quite broad, with unclear authority and responsibilities of subjects under the National Assembly in controlling the Government's rule-making power Second, the institution regulating the legal consequences of the National Assembly's control over the Government's rule-making power still has many inappropriate points, lacks a clear legal basis, and is difficult to implement * Limitations on the organizational structure of the National Assembly's institution in controlling the Government's rule-making power *Limitations on the National Assembly's control activities over the Government's rule-making power 3.1.1.2 Limitations on the President's control over the regulation-making power of the Vietnamese Government * Limitations on legal institutions regulating the President's control over the Government's rule-making power First, the institutional regulations on the President's authority, order, and control procedures over the Government's rule-making power are still general and unclear in terms of responsibilities Second, the institutions regulating the legal consequences of the President's control over the Government's rule-making power are not specific and difficult to implement * Limitations on the organizational structure of the Presidential institution in controlling the Government's rule-making power * Limitations on the President's control activities over the Government's rulemaking power 16 3.1.1.3 Limitations on self-control of the Government's rule-making power * Limitations of the legal institution of self-control on the Government's right to make regulations Firstly, some regulations on the authority and scope of self-control of the Government's rule-making power are still inappropriate Second, the institutions regulating the order and procedures for controlling the Government's rule-making power are quite complex and difficult to implement Third, the legal institutions regulating the legal consequences of the Government's method of self-control of regulation-making power are unclear and difficult to apply * Limitations on the organizational structure of the self-control institution with respect to the Government's rule-making power *Limitations on self-control of the Government's regulatory power 3.2.1.4 Limitations on the People's Court's control over the Vietnamese Government's rule-making power * Legal institutional limitations on the People's Court's control over the Government's rule-making power First, the institutional regulations on the People's Court's control authority over the Government's rule-making power are still narrow and not highly feasible Second, the institutional regulations on the People's Court's control process and procedures over the Government's rule-making power are not specific and difficult to implement Third, the institution regulating the legal consequences of the People's Court's control over the Government's rule-making power is unclear and difficult to apply * Limitations on the organizational structure of the People's Court institution in controlling the Government's rule-making power * Limitations on the People's Court's control activities over the Government's rule-making power 3.2.1.5 Limitations on control of the Vietnam Fatherland Front and its member organizations over the Government's rule-making power * Limitations of legal institutions on the control of the Vietnam Fatherland Front and its member organizations over the Government 's rule-making power First, the institutional regulations on the People's right to control through the Vietnam Fatherland Front and its member organizations over the Government's right to make regulations are not clear and difficult to implement 17 Second, the institution stipulating the legal consequences of control by the Vietnam Fatherland Front and its member organizations over the Government 's regulation-making power still lacks specific bases for application * Limitations on the organizational structure of the Vietnam Fatherland Front and its member groups in controlling the Government's rule-making power *Limitations on control activities of the Vietnam Fatherland Front and its member organizations over the Government's regulation-making power 3.2.2 The cause of the limitations Firstly, the number of legal documents issued by the Government every year is very large, leading to the institutions controlling the Government's regulatory power not to cover, supervise all or supervise detailed and specific documents Government regulations Second, some legal documents issued by the Government have complex content and overlap, making it difficult to determine the scope of supervision responsibilities of agencies with the function of controlling the Government's rule-making power Third, the spirit, responsibility and determination of competent entities in controlling the Government's rule-making power has not been promoted Fourth, the institutions that control the Government's regulatory power are assigned many other tasks while resources are not adequate Fifth, there is no effective coordination and facilitation of the controlled subjects so that the competent entities can carry out activities controlling the Government's regulatory power Sixth, a number of institutions are not truly independent of the Government, thereby also affecting the Government's exercise of control over regulation-making power Seventh, due to the influence of some negative factors in traditional Vietnamese culture, there are also obstacles to the Government's control of regulation-making power Eighth, due to the negative impact of the market economy and international integration Chapter VIEWPOINTS AND SOLUTIONS TO CONTINUING BUILDING AND COMPLETING THE LEGAL MECHANISM TO CONTROL THE REGULATORY RIGHTS OF THE CURRENT GOVERNMENT OF VIETNAM 4.1 VIEWPOINT ON CONTINUING TO BUILD AND COMPLETE THE LEGAL MECHANISM TO CONTROL THE REGULATORY RIGHTS 18 OF THE CURRENT GOVERNMENT OF VIETNAM 4.1.1 Building and perfecting the legal mechanism to control the Government's rule-making power must ensure the unity and synchronization of the mechanism to control State power in Vietnam today 4.1.2 Build and perfect the legal mechanism to control the Government's legislative power to ensure full understanding of the Party's views and policies, especially Resolution No 27-NQ/TW dated November 9, 2022 of the The Central Executive Committee on continuing to build and perfect the Vietnamese socialist rule-of-law state in the new period 4.1.3 Building and perfecting the legal mechanism to control the regulatory power of the Vietnamese Government requires consulting the experiences of a number of countries, applying values consistent with Vietnam's reality 4.1.4 Building and perfecting the legal mechanism to control the regulationmaking power of the Vietnamese Government needs to ensure comprehensiveness, unity and synchronization 4.2 SOLUTIONS TO CONTINUE BUILDING AND COMPLETING THE LEGAL MECHANISM TO CONTROL THE REGULATORY RIGHTS OF THE GOVERNMENT OF VIETNAM 4.2.1 The solution is to continue building and perfecting the National Assembly's control over the regulation-making power of the Vietnamese Government 4.2.1.1 Build and improve legal institutions on the National Assembly's control over the regulation-making power of the Vietnamese Government First, it is necessary to improve the law to increase the authority and supervision responsibility of National Assembly agencies over the Government's rule-making power Second, perfect the legal institutions regulating the form, order and procedures of the National Assembly's control over the Government's rule-making power Third, perfect the legal institutions regulating the legal consequences of the National Assembly's control over the Government's rule-making power Fourth, complete legal regulations that clearly define authority and responsibility and create favorable conditions for the people to control the Government's regulation-making power through the Vietnam Fatherland Front and its member organizations 4.2.1.2 Improve the organizational apparatus of the National Assembly to control the regulation-making power of the Vietnamese Government 4.2.1.3 Solution on how the National Assembly operates and controls the regulation-making power of the Vietnamese Government 19 Firstly, innovate the National Assembly's supervision activities over the Government's rule-making power in a more substantive and effective direction Second, innovate and improve the quality of supervision activities of the Ethnic Council and National Assembly Committees on the Government's legal documents Third, it is necessary to ensure strict implementation of the Government's supervision conclusions on legal documents Fourth, strengthen coordination between institutions in supervising the Government's rule-making power Fifth, perform well the work of advising and serving the supervision activities of the National Assembly (including the National Assembly Standing Committee, the Ethnic Council, and National Assembly Committees) regarding the Government's rule-making power 4.2.2 The solution is to continue building and perfecting the President 's control over the regulation-making power of the Government of Vietnam 4.2.2.1 Build and perfect legal institutions on the President's control over the regulation-making power of the Government of Vietnam First, perfect the legal institution regulating the President's control authority over the Government's rule-making power Second, perfect the legal institutions regulating the legal consequences of the President's control over the Government's rule-making power 4.2.2.2 Complete the organizational apparatus of the State President's institution to control the Government's rule-making power 4.2.2.3 Solution on how the Presidential institution operates and controls the Government's rule-making power 4.2.3 The solution is to continue building and perfecting the self-control mechanism for the regulation-making power of the Vietnamese Government 4.2.3.1 Build and perfect legal institutions on self-control over the Government's regulation-making power Firstly, it is necessary to clearly stipulate the authority, scope, and responsibilities of agencies within the Government's apparatus in controlling legal documents issued by the Government Second, perfect the legal institutions regulating the form, order, and procedures for self-control of the Government's regulation-making power Third, perfect the legal institutions regulating the legal consequences of the Government's method of self-control of regulation-making power 4.2.3.2 Improve the organizational structure of the self-control mechanism of the Government's rule-making power 4.2.3.3 Solution on operating methods to self-control the Government's regulation-making power 20 Firstly, improve the quality of appraisal of draft legal documents of the Government Second, strengthen the inspection and handling of legal documents by the Government Third, ensure good resources to serve the Government's appraisal, inspection and handling of legal documents 4.2.4 The solution continues to build and perfect the Court of People 's control over the regulation-making power of the Vietnamese Government 4.2.4.1 Build and perfect the legal institution on the People's Court's control over the regulation-making power of the Vietnamese Government Firstly, it is necessary to improve the law regulating the expansion of the jurisdiction of the People's Court Control the Government's regulatory power Second, perfect the legal institutions regulating the form, order and procedures of the People's Court's control over the Government's rule-making power Third, perfect the legal institution regulating the legal consequences of the People's Court's control over the Government's rule-making power 4.2.4.2 Improve the organizational structure of the People 's Court institution to control the rule-making power of the Vietnamese Government 4.2.4.3 Solution on how the People 's Court operates and controls the regulation-making power of the Vietnamese Government 4.2.5 Solutions to continue building and perfecting the control of the Vietnam Fatherland Front and its member organizations over the regulationmaking power of the Vietnamese Government 4.2.5.1 Building and perfecting legal institutions on control of the Vietnam Fatherland Front and its member organizations over the regulation-making power of the Vietnamese Government First, perfect the provisions of law clearly defining authority and responsibility and creating favorable conditions for the People to control the Government 's regulation-making power through the Vietnam Fatherland Front and its member organizations Second, perfect the legal institutions regulating the order and procedures for control of the Vietnam Fatherland Front and its member organizations over the Government's rule-making power Third, perfect the legal institution regulating the legal consequences of control of the Vietnam Fatherland Front and its member organizations over the Government 's rule-making power 4.2.5.2 Completing the organizational apparatus of the Vietnam Fatherland Front institution and its member organizations to control the rule-making power of the Vietnamese Government 4.2.5.3 Solutions on the mode of operation and control of the Vietnam 21 Fatherland Front and its member organizations over the Government's right to make regulations Firstly, strengthen supervision of the Vietnam Fatherland Front and its member organizations over the Government's rule-making power Second, strengthen effective coordination between the Vietnam Fatherland Front and state agencies and member organizations of the Front in exercising control over the Government's rule-making power Third, promote the spirit of active participation of many subjects in monitoring and social criticism of the Government's legal documents Fourth, ensure physical and financial facilities to serve the control activities of the Vietnam Fatherland Front and its member organizations over the Government's rule-making power CONCLUSION Thus, the Government's right to make regulations is one of the important powers under the executive power to promulgate legal documents under the law to detail the implementation of laws, resolutions of the National Assembly, ordinances, and resolutions of the Standing Committee National Assembly, orders and decisions of the President, international treaties that our country has signed or acceded to Therefore, it is necessary to have a mechanism to control the Government's regulatory power to ensure that this power is implemented correctly, fully and promptly, in order to create a quality legal system and timely service , effective for state management activities At the same time, the Government's right to make regulations is both legislative and discretionary, so it is necessary to have a mechanism to control it In addition, from the recent practice of organizing state power in our country, it has been shown that the current legal mechanism for controlling the Government's regulatory activities in our country still has many shortcomings that need to be continued is perfected In the theoretical basis of the Government's rule-making power, the thesis focuses on clarifying the system of concepts of the Government's rule-making power, concepts and characteristics of the legal mechanism controlling the Government's rule-making power government; At the same time, analyzing and clarifying the constituent elements of the legal mechanism controlling the Government's regulatory power is the basis for approaching and assessing the current situation of this mechanism in Vietnam The thesis also researches and clarifies the mechanism for controlling the rule-making power of a number of countries in the world, and can draw some reference values to continue improving the legal mechanism controlling the Government's rule-making power In Vietnam 22 On the basis of clarifying the contents of the theoretical basis, the thesis analyzes the formation and development process of the legal mechanism controlling the Government's rule-making power; Analyze the current status of the achieved results and the limitations and inadequacies of the legal mechanism controlling the Government's regulatory power based on three constituent elements: legal institutions, institutions and methods of operating the mechanism Legislative control of the Government's regulatory power At the same time, evaluate the operating method of the legal mechanism controlling the Government's rule-making power in reality, reflected in the achievements and limitations through the legal documents issued by the Government The analysis clarifies the causes of achievements and limitations, creating a basis for the thesis to propose solutions to improve the legal mechanism controlling the Government's regulatory power in Vietnam in the coming time From the content of the theoretical background and the current situation of the problem that has been explained, the thesis identifies and clarifies the guiding viewpoints for perfecting the legal mechanism to control the Government's regulation-making power Based on a common viewpoint, the author of the thesis has proposed comprehensive solutions, including a system of complete solutions on legal institutions controlling the Government's right to make regulations, including institutional regulations on National Assembly supervision of the Government's regulation-making power; on the self-control mechanism of the Government's regulation-making power; on the control of the Court, the control of the Vietnam Fatherland Front and its member organizations over the Government's regulationmaking activities At the same time, in addition to institutions, it is necessary to improve the organizational structure and capacity of officials and civil servants in the institutions with the authority to control the Government's rule-making power In order for institutions and institutions to exercise their control rights, there also needs to be solutions to improve the operational efficiency of the legal mechanism to control the Government's regulatory power