The assignment, coordination, and control in exercising state power in Vietnam

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The assignment, coordination, and control in exercising state power in Vietnam

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On the basis of the unified power, there is the need to assign and define/delineate the relationship of three powers, namely, the legislative, the executive and the judiciary, and the [r]

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ASIAN CONSTITUTIONAL LAW:RECENT DEVELOPMENTS AND TRENDS

THE ASSIGNMENT, COORDINATION, AND CONTROL IN EXERCISING STATE POWER IN VIETNAM

Professor Nguyen Minh Doan

Hanoi Law University

Abstract

Organising to exercise state power is a vital issue, greatly affecting the governance and promoting the development of the country The organization of the state apparatus for effective exercise of state power is always a concern for the Party, the State and the People of Vietnam Researching, studying, developing and perfecting the organization and exercise of state power in the most appropriate conditions and specific situations in each stage of the country’s development are needed to be conducted regularly This article outlines the process of assigning, coordinating and controlling the exercise of state power in Vietnam and proposing complete solutions to organize and exercise the state power more effectively and scientifically in Vietnam

Keywords: State power, the rule of law, Vietnam.

1 Current status of assigning, coordinating and controlling the exercise of state power in Vietnam

Before 1945, the state power in Vietnam was exercised in the form of an absolute monarchy The ultimate authority in the State is in the hands of a king who holds supreme executive, legislative and judicial power With the establishment of the Democratic Republic of Vietnam in 1945, republican regime was introduced into Vietnam, resulting in a radical change in the state power organization and exercising The state apparatus under the 1946 Constitution has many similarities with the apparatus of the Republic of France, therefore, the division, coordination and control of power among the highest organs of the state are quite neat In the state apparatus, the People’s Parliament is the highest authority assigned to solve all national problems, make laws, vote on the budget, and ratify treaties signed by the Government with foreign countries, etc The Government is the highest administrative body under the control of Parliament or the Standing Committee of Parliament when Parliament is not in session The President is both the head of State and the head of Government with great powers such as: asking Parliament to re-discuss laws passed by Parliament before publication; request Parliament to discuss the public credibility of the Cabinet Ministers who are not trusted by Parliament have to resign The same is true of the discredited cabinet members

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66 ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS exercises constitutional and legislative powers, supervises the entire state apparatus; The Government Council is the executive organ of the National Assembly; since 1957, the Procuracy was established to exercise prosecution rights and oversee compliance with laws; the President is only the head of State and is no longer the head of the Government, the power of the President is more limited than the 1946 Constitution, etc

The period of 1976 - 1986 was marked by the event of the unification of the two states (Democratic Republic of Vietnam and the Republic of South Vietnam) The Soviet model is clearly executed, the principle of centralization is strengthened The National Assembly almost holds full power, even when it deems necessary, the National Assembly can set it up for other powers and duties The State Council is the highest regular operation, organ of the National Assembly, and is the Chairman of the Socialist Republic of Vietnam The Council of Ministers is the Government of the Socialist Republic of Vietnam In the organization and exercising of state power, collective ownership and the mechanism of collective are upheld, therefore, most important decision is made by the collective Direct democracy is limited, representative democracy is upheld “The people make use of State power through the agency of the National Assembly and the People’s Councils, which represent the will and aspirations of the people, are elected for them and responsible to them.”

Due to stagnation, backwardness with many mistakes, along with impatience, voluntarism and the shortening of phase to: “move fast, go strong, move firmly, go straight to Socialism”, in the late 1980s of the 20th century, the socialist countries fell into recession The socialist countries were

forced to change, the Soviet Union and socialist countries in Eastern Europe collapsed Vietnam was forced to carry out the renovation, resulting in the birth of the 1992 Constitution The state apparatus has changed and the mechanism for exercising state power has also shifted in the direction of centralization, focusing on the role of the head of state agencies Instead of collective president, the President as an individual is elected and serves as the head of the State The Prime Minister is the head of the Government and is given more rights Regulating a number of powers and duties of the National Assembly, including the vote of confidence for those holding positions elected or approved by the National Assembly Limiting the general control function of the Procuracy Establishment of administrative court, economic court, etc

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PART - PUBLIC LAW IN VIETNAM: COMPARATIVE CONTEXTS

Assigning, coordinating and controlling the exercise of state power in accordance with the rule of law in Vietnam is a difficult, complicated process, advancing from simple, uncompleted, incomprehensive process to a scientific, more comprehensive and completed one This activity has been especially promoted since Vietnam embarked on the renovation process, including the renovation of the juridical mindset Since the late 1980s and early 1990s of the 20th century, scientists in Vietnam have emphasized the issue through research on the rule of law and the rule-of-law state For the first time, in the official documents of the Communist Party of Vietnam, the issue was mentioned: “The state power is unified, indivisible but clearly assigned On the basis of the unified power, there is the need to assign and define/delineate the relationship of three powers, namely, the legislative, the executive and the judiciary, and the supreme state power is vested in the National Assembly [ ]” Especially, documents of the 9th Congress of the CPV affirmed that “The state power is unified, with the assignment and coordination amongst state agencies in the exercise of the legislative, the executive and the judiciary powers.” However, it was not until the 10th Congress that the issue of power control was brought forward in the spirit of: “Developing and perfecting the mechanism of examining and supervising the constitutionality and legitimacy in activities and decisions of the public authorities [ ] Establishing a mechanism of judgment on the violations of the constitution in legislative, executive and judicial activities.” The 11th Congress has added adjustment stating the necessary of “Studying,

formulating and supplementing specific institutions and operating mechanisms to ensure the principle of all State power belongs to the people, and the principle of the state power being unified, with the assignment, coordination and control among the public authorities in exercising the legislative, executive and judicial powers [ ] continuing to build and gradually improve the mechanism of examining and supervising the constitutionality and legitimacy in activities and decisions of the public authorities” The documents represented a new step forward in the Party’s and the state’s perception of the need for controlling state agencies in exercising legislative, executive and judicial powers This issue was clearly expressed at the 12th Congress: “Defining clearly the mechanism of assignment and coordination for the execution of the state power, especially the mechanism to control the power among state agencies in exercising legislative, executive and judicial powers on the basis of the state power being unified; better define the rights and responsibilities of each power At the same time, define more clearly the coordination mechanism in the exercise and control of the powers at different levels of government”

The 2013 Constitution and the promulgated laws of organization and operation of the state apparatus have identified and better clarified the issue of assignment, coordination and control among state agencies in exercising the legislative, executive and judiciary powers The Constitution and the law have added a number of independent constitutional institutions, namely, the National Electoral Council and the State Audit Office, better defining the functions, powers and duties of state agencies The Constitution of 2013 not only mentions state agencies exercising state power, but also the people directly exercising the state power by direct democracy and representative democracy through the National Assembly, the People’s Councils and other state agencies

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68 ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS Many innovations have been seen in the operation of The National Assembly, which improve the quality and efficiency of operations and led to the enactment of many legislations with higher quality The Assembly has focused on the urgent and important issues of the country The discussions and decisions on socioeconomic development plans, state budgets, and national key projects are more qualified and substantive The Standing Committee of the National Assembly, the Council of Ethnic Minorities and the Committees of the National Assembly have been improved in terms of organization, activities and the way those agencies operate The National Assembly deputies have increased responsibility The supervisory activities of the National Assembly and People’s Councils, especially interrogation activities and vote-of-confidence activities, have been conducted regularly, showing more professionalism, efficiency and practicality This makes supervisory activities more substantive, uncovering and resolving many wrongdoings and people’s complaints, requiring the agencies exercise judicial power to be more careful and democratic in problem-solving in order to better protect human rights and freedoms of citizens along with other organizations and individuals in society

Government organizations, ministries and government agencies are more innovative, focusing more on macro management and administration, dynamically addressing large-scale and important issues The administrative reform continued to be focused and initially achieved positive results The monitoring activities of law enforcement conducted by ministries and local authorities have also obtained initial encouraging results

Judicial rights have been upheld, the procedures have been more rigorous, the trials have been fairer, ensuring best interests and safety for organizations and individuals Many guidelines and policies of judicial reform are expressed in the Constitution and laws, and implemented seriously which achieved important results The organizational structure of the People’s Courts, the People’s Procuracies, and judicial support agencies continues to be strengthened, the activities of such agencies have improved in quality which better protect the interests of the State along with the legitimate interests of organization and individuals, minimizing the injustice or wrongness Internal control of the court system, especially the Supreme People’s Court through the proceedings, has been carried out promptly and effectively Procuracies have improved the quality of their judicial activities, especially trial activities, bringing numerous cases of corruption and abuse of power to trial

The Constitution stipulates that the responsibility to protect the Constitution belongs to the National Assembly, the President of the State, the Government, the People’s Courts, the People’s Procuracies, other State agencies and the entire people

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still has activities and promulgates legal documents of low quality, even unconstitutional In Vietnam, there is no specialized agency to protect the Constitution, which makes it difficult to so, leading to the fact that the direct application of the Constitution to secure the rights and interests of organizations and individuals has hardly been implemented The court does not have a control mechanism for the implementation of legislative rights, and also the right to review the laws promulgated by the Congress The State Audit has not conducted audits against the National Assembly The Government’s control over government agencies, ministries, ministerial-level agencies and local governments still faces many limitations

The overlap and entanglement in the functions and tasks between institutions participating in the exercise of state power have not been overcome yet, affecting the unity of the state power and the efficiency of the State’s operation The accountability of all levels of government has not been clearly defined There are still harassment, negativity, injustice, wrongdoings and criminals bypass; Corruption and wastage are still a big concern, the prevention of corruption and wastage have not met the set requirements, etc “The delineation between the leadership role of the Party and the management and administration role of the State is still unclear; The mode and mechanism for the Party’s leadership over the State at many levels still have not been clearly defined and consistent with the principles of the rule-of-law state The organization of law enforcement and socialist legislation is not strict yet” This situation has led to the organization of the state apparatus, in particular and the apparatus of organizations in the political system in general “are still bulky, with a multi-level hierarchy and multiple intermediaries; and its operational effectiveness and efficiency have not met the requirements and given tasks Functions, tasks, powers, organisational structure of the apparatus and relationships of some agencies and organisations is still not clear and stifled with overlapping, duplication ” The constitutional protection mechanism is not effective; the control of power is still limited; human rights and civil rights are still violated, etc

The disadvantages mentioned above caused by many different factors, of which the most important is the establishing of market economy, the rule-of-law state which are totally a new issue in Vietnam

2 The solution for continued assignment, coordination and control the exercise of State power in Vietnam today

2.1 Continuing theoretical and practical studies on the assignment, coordination and control of state power

In order for the assignment and coordination the exercise of State power in Vietnam to be more scientific and effective, it is necessary to continue to be aware of this issue under present conditions This requires careful research to “build a streamlined, effective and efficient organizational structure of the entire political system” If doing so, it will eliminate the situation where many agencies and apparatuses of the organizations solve the same problems, leading to overlapping, low effectiveness and efficiency

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70 ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS supervision, and is accountable to the People in its decisions.” The Party’s guidelines and policies and the State’s laws need to be criticized, considered and evaluated from many different aspects and forces

In Vietnam today, to betler exercise the single-party system , it is a need to consolidate and enhance the role of organizations in the political system Improving the effectiveness and efficiency of social supervision and criticism of the Vietnam Fatherland Front, its organizations and other organizations in society in regard to the guidelines, policies and laws of the Party and the State In the current situation, organizations and individuals in society should pay more attention and boldly criticize and express their opinions and stances, even though those may be contrary to the standpoint of the Party and the State The agencies of the State and the organizations of the Party shall create favourable conditions for the Front and other organizations in society to supervise, criticize, contribute opinions, listen and debate with those criticisms, and also check the correctness and appropriateness in their decisions It must be clear that the supervision and criticism of the Front and other organizations in society is not and should not be interpreted as “the opposing forces”and should only be considered as voices and perspectives from society and people regarding the Party policies, the laws and activities of the State, with the aim of more effective and improved implementation for the benefit of the People, the Party and the State

2.2 Constantly improving and upholding the Constitution and laws in the assignment, coordination and control of State power

The assignment, coordination and control of state power in the spirit of “the rule-of-law” must hold the legality in high regard, that is, put emphasis on the instruments of assignment, coordination and control - the Constitution and the law General Secretary Nguyen Phu Trong has always reminded to confine power in an institutional cage, power must be constrained by institutions, of which the most important is the Constitution and laws All organizations and individuals in society must respect and implement the Constitution and laws This is reflected in the change in the Party’s views regarding the content of Article of the Constitution: If the 1980 Constitution only stipulates “Party organizations operate within the framework of the Constitution”, the 1992 Constitution took a step forward that it prescribed not only within the framework of the Constitution, but also the law, and the 2013 Constitution affirmed that not only the Party’s organization but also its members must operate within the framework of the Constitution and laws It is time to specify Article of the Constitution with a Law on the Communist Party of Vietnam in order to facilitate conditions to clarify the relationship between the Party’s organizations and state agencies and employees The establishment of the Law of the Party will be a legal basis not only defining the scope of directing and leadership of the Party organizations, but also a basis for organizations and individuals to supervise Party organizations and individual party members perform the leadership of the State and society

The Constitution should acknowledge that the constitutional rights belong to the People, and the amendment and promulgation of the Constitution must be decided by the People It was stated in the preamble of the 2013 Constitution that “The Vietnamese People create, implement and defend this Constitution to achieve the goal of a prosperous people and a strong, democratic, equitable and civilized country”, however, Article 69 and Article 120 have failed to reflect this spirit

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be taken to ensure that “the law is both a tool for the State to manage society and a tool for the people to master, inspect and monitor the exercise of state power”

2.3 Identify and clearly define the functions, duties, powers and scope of activities of each organization and each agency participating in the exercise of state power as a basis for the assignment, coordination and control power

- Identify and clearly define the functions, duties, powers and scope of activities of each organization exercising state power.

Arguably, most of the major and important activities in Vietnam follow the spirit of “the whole political system gets engaged”, therefore, it is demanded that the assignment, coordination and control in exercising state power must be more clarified and rational; the functions, duties, powers and scope of activities of each organization and agency must be more clearly defined, avoiding workarounds, leading to overlapping, encroaching on each other authority, the situation where same task is performed by multiple organisations at the same time, especially the relationship between the Party apparatus and the State apparatus Overcoming the sluggish state of the Vietnamese political system Even the country in general, each department, organization in particular are moving forward, but due to stagnancy of a few parts in the system that make it not commensurate with the potential and capabilities of the country

Determining the scope and level of the Party’s leadership to the State is of great significance which avoids either loosening the Party’s leading role or excessive interference of the Party’s organizations in the affairs of the State Clearly and specifically defining the scope of activities for each organization is also the basis for considering the responsibility of each organization for inefficiently implemented, improperly implemented or not deployed work

- Identify and clearly define the functions, duties, powers and scope of activities of each agency

exercising the state power.

Clearly define the mechanism of assignment, coordination and control of powers among state bodies in the exercise of legislative, executive and judicial powers on the basis of the state power being unified in the legal documents as follows:

+ Clearly define the relationship between the National Assembly and the Government in the

exercise of legislative power.

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72 ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS

+ Enhance the role of the judiciary exercising agencies in relation to the National Assembly, the Government and in the interpretation of the Constitution and laws

It is necessary to quickly develop the legal provisions on the protection of the Constitution, the methods and procedures for protecting the Constitution so that Article 119 of the 2013 Constitution will be implemented in practice In order to effectively protect the Constitution, an institution specialized in protecting the Constitution should be established The establishment of the Constitutional protection mechanism is not only to ensure that the Constitution is respected and strictly implemented, but also has a great effect in protecting the interests of organizations and individuals, protecting human rights and civil rights, resolving disputes among legislative, executive, judicial powers Striving to apply directly the provisions of the Constitution in protecting the interests of organizations and individuals in the spirit that the Constitution is the basic and supreme law All other legal documents must conform to the Constitution All violations of the Constitution will be punished

It can be said that though it has been strengthened currently, the judicial rights in Vietnam had not yet had an adequate position in relation to the legislative and executive powers The rule-of-law state requires judicial rights to be upheld; the Court not only resolves criminal, civil, administrative, marriage and family cases, but also disputes between agencies exercising state power Therefore, the regulation stipulates that specialized institutions protecting the Constitution have the power to explain the Constitution, laws and make decisions on the constitutionality and legality of legal documents, as well as to consider which legal acts of organizations and individuals, are consistent with the development of judicial power Since the judiciary is always exercised in the name of the country, it will make more sense when the specialized constitutional institution makes a decisive explanation of the provisions of the Constitution and protect the Constitution The interpretation of the Constitution and the ruling on the constitutionality and legality of legal documents, as well as the behaviour of organizations and individuals (especially those who hold high positions in the State and society) need to be independent and impartial, while the one with the most independence among the agencies exercising the state power when operating (judging) is always the agency exercising judicial rights

+ Define the role of the President in coordinating and resolving conflicts (if any) between agencies

exercising state power

The President is the Head of State, on behalf of the Socialist Republic of Vietnam on domestic and foreign affairs, so that he/she is responsible for linking and unifying the legislative, executive and judicial rights, and also be responsible for conflicts, organizing (if any) or inadequate and inappropriate coordination between the agencies that exercise the legislative, executive, judicial powers These issues are not fully reflected in the Constitution and laws The determination of the President’s role in coordinating and resolving conflicts between state authorities shall make the President not only a symbol of the country’s unity, but also of united state power

+ Clearly stipulate the relationship between central and local government in the direction of increasing local autonomy and strengthening central control

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clear assignment of state power between the central and local governments will avoid the situation of shirking responsibility, not wanting to perform or competing to perform for certain jobs The central government should focus on the formulation of macro policies and laws, ensuring uniformity and institutional unity, while each locality has the right to be proactive and creative in carrying out its duties and powers In Vietnam today, it is necessary to continue decentralize more to grassroots authorities in order to promote creativity, autonomy and self-responsibility of the people and the local authorities The administrative units at each level should proactively solve a number of problems that arise in their respective localities in order to avoid the embrace and excuses of the superior authorities, thus losing the initiative and creativity of the subordinate governments, as well as reducing the expectation and dependence on the superior state agencies With the implementation of the principle of democratic centralism and the higher unity of the current political system, it is necessary to clearly and accurately assign to avoid overlapping and the situation that leaving a necessary job without any organization or agency taking responsibility Each person must be responsible for what he or she is assigned, but can also comment and control other subjects to jointly perform the common work better and more effectively State agencies must control themselves and each other in implementing the assigned state power If the state agency cannot control itself, then how can it control others in exercising state power? Therefore, it must be clearly determined that each agency and unit must regularly control itself primarily, while the control of other agencies (external control) periodically or irregularly is an important task

2.4 Strictly implement the regime of publicity, transparency and accountability in organizations and activities of organizations and agencies, except for confidential information

Arguably, publicity, transparency, accountability in the operation and activities of organizations and state agencies are one of the requirements of a democratic society and a factor to build trust for those organizations and individuals subjected to the leadership and management Therefore, in order to control the exercise of state power, all public activities that are not related to national secrets or professional secrets, etc., must be public, transparent and fully explained in accordance with the provisions of law If it is not public, transparent, and does not fully explain with necessary information, there will be no real democracy, no effective assignment, coordination and control in exercising state power Democracy is not only implemented at the grassroots level, but also needs to be focused on implementing at higher levels In the future, it will be necessary to stipulate and organize the better implementation of the law on national secrets, information and protecting the privacy of each individual Must take sanctions and strictly punish organizations and individuals that have not publicly and transparently performed, and failed to strictly comply with the responsibility to explain information that law requires them to be public, transparent and accountable There is also a need to punish organizations and individuals who have violated the privacy of individuals

2.5 Stipulate and implement strict measures to handle activities and acts contrary to the Constitution and law in the process of exercising state power of organizations and individuals

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74 ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS duties and powers, they must be condemned and boycotted; if violated institutions, they must be punished In order for agencies and individuals have a higher responsibility for the assigned power, in addition to the assignment, both political and legal responsibilities of each agency and individual in the exercise of power must be strictly and fully regulated It is necessary to have appropriate sanctions against officials who violate the law, especially officials holding leading and managerial positions Resolutely and strictly handle violations of any organization or individual in the spirit that all must be equal and responsible for their acts and decisions

For liability, responsibility should be specified in both positive and negative sense The spirit of the rule-of-law state requires the responsibility of state agencies and employees to have a legal basis and be guaranteed to be implemented by legal measures However, the 2013 Constitution does not stipulate the responsibilities of the National Assembly to the people Therefore, it is necessary to supplement this provision to enhance the responsibility of the National Assembly to the people This also shows that other state agencies are responsible to the National Assembly, which is indirectly responsible to the people

2.6 Unifying the title of General Secretary of the Communist Party of Vietnam with the title of State President, establishing a strict control mechanism for this person

Experience shows that in every country, there must be one and only one person to be the central figure of power to rally and attract all state agencies, social organisations and all the people of the country, as well as in international relations In Vietnam, the leadership of the state and the society is undertaken by the Communist Party of Vietnam, therefore, the leader of the Communist Party of Vietnam (i.e the General Secretary) must be the state president If the title of General Secretary of the Communist Party of Vietnam is unified with the title of State President, this person will be the central figure of the state and social power while holding hard power (i.e state power with a particular method of command, coercion) and soft power (i.e the power of the political party with a particular method of persuasion, education) This person in the ruling party is the Party’s General Secretary; in terms of the country is the State President; in terms of the state is the Head of the State, and in terms of the country’s armed forces is the chairperson of the National Defence and Security Council in charge of the armed forces This will highlight the role of the Party’s General Secretary in the exercise of state power while at the same time, highlighting the role of the State President as the Head of the State acting on behalf of the Socialist Republic of Vietnam on domestic and foreign affairs It is thought that if this unification is done, the unification of the nation will reach a higher level, the Party’s General Secretary - the State President, will be the centre of national power and the unifying symbol of the country

The unification of the Party’s General Secretary to the State President will focus the power on an individual, thus, solving the problems of the country will be faster and more convenient However, power control over this person also needs to be more rigorous from a variety of aspects, including:

+ Control by the ruling party over the Party’s General Secretary will be performed through the Politburo and the Central Executive Committee The Politburo collective body and the Central Executive Committee must control the Party’s General Secretary to ensure that he/she properly and fully performs his/her given duties, powers and responsibilities before the Party

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people), and the Vietnam Fatherland Front and its members, so that the State President can fully and satisfactorily perform the domestic and foreign affairs on behalf of the Socialist Republic of Vietnam

+ State control will be performed through state agencies, most importantly, by the National Assembly, the Government, the Court, and the Procuracy by the Head of the State who, acting on behalf of the state, performs those duties and powers that are prescribed by the Constitution and the law

+ Control of the armed forces of the country will be performed through the National Defence and Security Council by the chairperson of the National Defence and Security Council so that the people’s armed forces can firmly and effectively protect national independence, sovereignty, unity and territorial integrity, and participate in activities that contribute to the protection of peace in the region and the world

In all the control mechanisms mentioned above, it is necessary to strictly regulate what is required by the collective decision and implemented by the individual in a representative role; what the individual is entitled to decide; etc In all cases, the important issues must be decided upon by the collective body

2.7 Establish favourable mechanisms for the people to participate in implementation and control of state power effectively, closely combining State control and social control over agencies and individuals exercising state power

In the current conditions of Vietnam, besides the Vietnam Fatherland Front, its member organizations and other social organizations that represent and protect the lawful and legitimate rights and interests of the People, the State President must be responsible for rallying and uniting the people of all strata, proposing to the Party and the State on behalf of the people the will and legitimate aspirations of the people Study regulations for the State President to represent the people of all classes, request the National Assembly to reconsider the regulations and decisions of the National Assembly that go against the opinion of the people or a relatively large part of the people

To effectively control the state power, it is necessary to create a close coordination between the control by state agencies and by social organizations, emphasizing the control of the Party agencies, the Front agencies and its member organizations Reducing the dependence of the Front and other social organizations on the State so that the criticism and control of the state power of these organizations will be more effective and effective

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76 ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS members should be respected It must be seen that the Vietnamese Communist Party, despite being the most elite force in society, does not always make a right decision For example, the rapid possession of the means of production without taking into account the level of development of the productive force, especially the producers; massively establishing economic groups without paying attention to the effectiveness of such actions, etc Therefore, the Party’s guidelines and policies always need to have proper participation and control of the people and other organizations in society

Conclusion

The assignment, coordination, control of state power in Vietnam has achieved a great success of historical significance However, there are still many shortcomings and weaknesses that need to be solved and overcome in order for the country to continue developing fast and sustainable

For the appropriate and scientific assignment, coordination and control of state power, each agency and unit must fight with itself, as well as with others to ensure that the state power is exercised efficiently and efficient for the sake of the country, the nation, the people, and for a civilized and blissful Vietnam not inferior to other nations and peoples in the world

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Nguyen Dang Dung (2012), “The Constitution is the Document to Control the State Power”, Journal of

Procuracy, No 18].

The Communist Party of Vietnam (1992), Communist Review, No 1, p.12].

The Communist Party of Vietnam (2001), Documents of the 9th National Party Congress, National

Political Publishing House, Hanoi, pp.131-132]

The Communist Party of Vietnam (2006), Documents of the 10th National Party Congress, National

Political Publishing House, Hanoi, pp.126-127]

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Political Publishing House, Hanoi, p.247]

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Nguyen Minh Doan (2002), “Ensuring the Supremacy of the Constitution in the Rule-of-Law State”,

Journal of Legislative Studies, No 5, pp.15-20].

Nguyen Minh Doan (2016), “The Issue of Unifying Leaders and Managers, and Establishing Effective a Mechanism for Controlling the State Powers in Vietnam at Present”, Journal of

State and Law, No 11, pp.7-11].

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Nguyen Minh Doan (2018), Legal Mechanism for Controlling the State Powers in Line with Building the Socialist Rule of Law State in Vietnam, National Political Publishing House, Hanoi]

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