Đề tài luận án: Kiểm soát việc thực hiện quyền hành pháp của Chính phủ ở Việt Nam hiện nay Chuyên ngành: Luật Hiến pháp và Luật Hành chính Mã số: 9.38.01.02 Nghiên cứu sinh: Nguyễn Thị Hoài Phương Người hướng dẫn khoa học: GS.TS Thái Vĩnh Thắng Cơ sở đào tạo: Trường Đại học Luật Hà Nội TÓM TẮT VỀ NHỮNG ĐIỂM MỚI CỦA LUẬN ÁN Thứ nhất, luận án góp phần bổ sung, hoàn thiện lý luận về kiểm soát việc thực hiện quyền hành pháp ở Việt Nam. Luận án đã phân tích và làm rõ khái niệm, đặc điểm, mục đích, nội dung, chủ thể, hình thức kiểm soát việc thực hiện quyền hành pháp của Chính phủ. Luận án cũng đã phân tích, làm rõ những điều kiện bảo đảm hiệu quả hoạt động kiểm soát việc thực hiện quyền hành pháp của Chính phủ; phân tích, đánh giá một cách khái quát về việc kiểm soát quyền hành pháp ở một số nước trên thế giới từ đó rút ra những bài học kinh nghiệm từ các mô hình tham khảo có thể vận dụng ở Việt Nam. Thứ hai, thông qua tài liệu thứ cấp kết hợp với phương pháp phân tích và so sánh, luận án đánh giá tương đối đầy đủ, có hệ thống và khá toàn diện thực trạng kiểm soát của Đảng Cộng sản Việt Nam, của các cơ quan nhà nước và của các thiết chế xã hội đối với việc thực hiện quyền hành pháp của Chính phủ ở Việt Nam trong thời gian từ năm 2013 đến năm 2021 với các kết quả đạt được, hạn chế cùng các nguyên nhân. Các phân tích, luận giải của luận án về những hạn chế và nguyên nhân của hạn chế trong hoạt động kiểm soát việc thực hiện quyền hành pháp của Chính phủ là cơ sở để luận án nghiên cứu đề xuất các giải pháp bảo đảm kiểm soát việc thực hiện quyền hành pháp của Chính phủ ở Việt Nam hiện nay. Thứ ba, trên cơ sở lý luận và thực trạng về kiểm soát việc thực hiện quyền hành pháp của Chính phủ, luận án đã luận giải các quan điểm, đề xuất các giải pháp phù hợp và khả thi nhằm bảo đảm hiệu quả hoạt động kiểm soát việc thực hiện quyền hành pháp của Chính phủ ở Việt Nam hiện nay. NGƯỜI HƯỚNG DẪN KHOA HỌC
MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY NGUYEN THI HOAI PHUONG CONTROLLING THE CURRENT IMPLEMENTATION OF THE EXECUTIVE POWER OF THE GOVERNMENT IN VIETNAM Major : Constitutional Law and Administrative Law Code : 9.38.01.02 ABSTRACT OF PHD LAW DISSERTATION HANOI - 2021 The work is completed at: HANOI LAW UNIVERSITY Academic Supervisor: Prof Dr Thai Vinh Thang Counter-argument 1: Ass Prof, Dr Dinh Xuan Thao Counter-argument 2: Ass Prof, Dr Hoang Van Nghia Counter-argument 3: Ass Prof, Dr Vu Hong Anh The Dissertation is defensed before the University Judging Committee for Doctoral Dissertation at Hanoi Law University at: … …hour… …date… …month … year……… The Disseration is available at: The National Library The Library of Hanoi Law University PUBLICATIONS RELATED TO THE DISSERTATION Nguyen Thi Hoai Phuong (2009), "Model of the Constitutional Court of Vietnam in conditions of building a socialist rule-of-law state", Proceedings of the International Conference on Constitutional Review, Times Publishing House, Hanoi, p 283-298 Nguyen Thi Hoai Phuong (2011), "Improving the mechanism to control the power of the executive branch in building a rule-of-law state", Legislative Research Journal (4), pp 5-9 Nguyen Thi Hoai Phuong (2014), "The 2013 Constitution and the improvement of the mechanism of the People's control of state power", Journal of Law, Hanoi Law University (Special Issue 9), pp 68-76 Nguyen Thi Hoai Phuong (2015), “Social supervision of the state power agencies in the United States and possible references”, Journal of Law and Development of the Vietnam Bar Association (4), p 64-67 Nguyen Thi Hoai Phuong (2015), “Local government organization in some foreign countries – Experience for Vietnam”, Journal of Law and Development of Vietnam Lawyers Association (7), p 67-72 Nguyen Thi Hoai Phuong (2015), "Some recommendations to amend and supplement the Law on Elections of the National Assembly and People's Councils in Vietnam today", Journal of the Law Profession of the Judiciary Academy (3), p 48-53 Nguyen Thi Hoai Phuong, Nguyen Khac Hung (2015), “The need to establish the National Assembly Inspectorate in Vietnam today”, Journal of Grassroots State Management, Central Academy of Public Administration (8 (8) ), pp.77-81 Nguyen Thi Hoai Phuong (2016), "The role of the press in controlling the implementation of the executive power of the Government in Vietnam", Journal of the Law Profession of the Judicial Academy (4), pp 47-51 Nguyen Thi Hoai Phuong (2017), “Discussion on some theoretical and practical issues of controlling the implementation of the executive power of the Government in Vietnam”, Proceedings of the International Conference on Legal Mechanisms of controlling state power in the world and in Vietnam organized by Hue University of Law, Hanoi National University Law School, Champasack University Law Faculty in Hue City, pp.309 -323 10 Nguyen Thi Hoai Phuong (2017), "Improving the effectiveness of questioning and answering questions at the National Assembly session in Vietnam", Electronic Journal of Democracy and Law of the Ministry of Justice 11 Nguyen Thi Hoai Phuong (2019), “Controlling the artificial intelligence system to protect human rights”, Proceedings of the Artificial Intelligence Conference and issues raised with the law and human rights by Australia Aid and Faculty of Law, Vietnam National University, Hanoi held in Hanoi, p 178190 12 Nguyen Thi Hoai Phuong (2019), “The National Assembly's control over the implementation of the Government's rights to make regulations in Vietnam today", Journal of Industry and Trade Ministry of Industry and Trade (8), pp.68-72 13 Nguyen Thi Hoai Phuong, Huynh Tay (2020), “Improving the effectiveness of the National Assembly's control over the current implementation of the executive power of the Government in Vietnam”, Legal mechanisms for controlling the state power in the world and in Vietnam, Publishing House National politics – Truth, Hanoi, p 406-427 LIST OF ABBREVIATIONS NC SA FF PC PM NASC LD SO : Nation Council : State Audit : Fatherland Front : People's Court : Prime Minister : National Assembly Standing Committee : Legal documents : Socialism INTRODUCTION The necessity of the research topic In the modern democratic politics, controlling over the state power by focusing on controlling the implementation of the executive power is a fundamental condition for ensuring the implementation of political freedom and democracy This is because the executive power responded by the Government is the rights to make and administer national policies; The scope of government activities covers all aspects of social life throughout the country, hence it is directly related to the People's closest interests As the executive branch is the place where state power, property and money of a nation are concentrated, there is always a tendency to abuse power to infringe upon the People's interests, human rights, civil rights The most obvious manifestation is that most of the corruptions are often related to cadres and officers working in the executive branch Therefore, it is necessary to have strict control over this part of the power to prevent abuse of power and limit acts that exceed the legal limit in exercising the executive power of the Government; towards building a transparent, clean, effective and efficient ruleof-law State In Vietnam, controlling the implementation of state power has always been a key point of view of the Party, a constitutional principle, and is constantly being supplemented to suit each revolutionary period In particular, the 2013 Constitution has progressed a new step in the constitutional principles: “The State power is a unified system, with distribution, coordination, and control among state agencies in the implementation of the legislative, executive and judicial powers”; clearly identify the Government as the agency exercising the executive power, the National Assembly as the body exercising the law-making power, and the People's Court as the agency exercising the judicial power, creating favorable conditions for verifying the duties and powers of agencies exercising legislative, executive and judicial powers; establishing an effective coordination and control mechanism among agencies in implementing these three fundamental rights; at the same time, it is a constitutional basis for building a mechanism to control state power in general and to inspect the implementation of the executive power in particular in Vietnam In fact, since the 2013 Constitution was promulgated up to now, controlling over the implementation of the executive power of the Government in Vietnam in recent years has been carried out by the Communist Party, state agencies, social institutions have focused on the performance and have accomplished some remarkable achievements, even though there are still many limitations and shortcomings in many aspects, so the control efficiency is not high; The main reason is that there are still many limitations in law, organization and operation, human and material resources of entities having control authority Therefore, the currently urgent requirement is the need to raise awareness, complete the law, renovate the organization and operation, and ensure the human and material resources of the entities having the authority to control in order to ensure effectiveness in controlling the implementation of the executive power of the Government in Vietnam Therefore, continuing to study theoretical and practical issues on controlling the implementation of the executive power of the Government in order to propose appropriate and feasible solutions to ensure effective control over the implementation of the executive power of the Government in Vietnam; thereby, contributing to ensure that the executive power is used for the right purposes and effectively implemented, preventing the risk of abuse of the power by the Government, promoting the people's mastery, ensuring human and civil rights, ensuring the interests of the State and the society is a profoundly scientific and social significance Stemming from the above reasons, the author has chosen the research topic: "Controlling the current implementation of the executive power of the Government in Vietnam" as her doctoral dissertation in law Purposes and missions of the research 2.1 Purposes of the research The purpose of the dissertation is to clarify the theoretical and practical issues of controlling the implementation of the executive power of the Government On that basis, to propose appropriate and feasible solutions to ensure the effectiveness of controlling the current implementation of the executive power of the Government in Vietnam 2.2 Missions of the research To accomplish the above purpose, the dissertation has the following tasks: - Systematize and evaluate the overview of the research topic: Controlling the implementation of the executive power of the Government in Vietnam and other countries, thereby drawing out issues that need further research; - Clarifying the basic theoretical aspects of controlling the implementation of the executive power of the Government; - Analyze and evaluate the current state of control over the implementation of the executive power of the Government through analyzing the achieved results, limitations and clarifying the causes of limitations in the controlling activities of the ruling Party (The Communist Party of Vietnam), control of state agencies (including control of the National Assembly, President, People's Court (PC), State Audit (SA)) and control of social institutions (including control of the Fatherland Front) Vietnam, its member organizations, the mass media and the People as an individual citizen) for the implementation of the executive power of the Government in Vietnam; - Propose viewpoints and solutions to ensure effective control activities of the Communist Party of Vietnam, control of state agencies and control of social institutions over the implementation of the executive power of the Government in Vietnam Subjects and scope of the research 3.1 Subjects of the research The subjects of the research are the theoretical and practical issues of controlling the implementation of the executive power of the Government in Vietnam, namely: theories, ideas, scientific views on the executive power, controlling the implementation of the executive power of the Government; the views and regulations of the Communist Party of Vietnam on controlling the state power, controlling the implementation of the executive power of the Government; provisions of the Constitution and laws of Vietnam on controlling state power, controlling the implementation of the executive power of the Government; the basic theoretical issues of controlling the implementation of the executive power of the Government include issues of origin, nature, characteristics, purposes, content, subject, form, model, and foreign experience; the practice of control activities of the Communist Party of Vietnam, the state agencies and social institutions over the current implementation of the executive power of the Government in Vietnam 3.2 Scope of the research - Scope of content: With the approach to system structure based on the subject of control, the dissertation limits the scope of the research to theoretical analysis, assessment of the current situation, proposal of views and solutions to ensure the control over the implementation of the executive power of the Government in Vietnam including control of the ruling Party (Communist Party of Vietnam), control of the state agencies, and control of the social institutions In particular, for the control of state agencies, the dissertation only focuses on the control of the National Assembly, the President, the People's Court and the State Audit As for the control of social institutions, the dissertation focuses on studying the control of the Vietnam Fatherland Front and its member organizations, the mass media and the People as an individual citizen with the implementation of the executive power of the Government In addition, the Government within the scope of this topic is studied from the perspective of the collective activities of the Government, the activities of the members of the Government (Prime Minister, Deputy Prime Ministers, Ministers, Heads of ministerial-level agencies) and activities of ministries and ministerial-level agencies - Scope of space: Theory and practice in Vietnam, in addition, there is an overview of the control of the executive power in a number of countries around the world such as the United States, the United Kingdom, the Federal Republic of Germany, Finland, and the United Kingdom, Finland, China, Australia - Scope of time: The dissertation focuses on researching control of the Communist Party of Vietnam, control of the state agencies, control of the social institutions over the implementation of the executive power of the Government in Vietnam since controlling the state power is enshrined in the 2013 Vietnam Constitution until now, specifically from 2013 to 2021 Theoretical foundations, research approaches and methods 4.1 Theoretical foundations The research is based on the theoretical basis of the dialectical materialism and the historical materialism on building a socialist rule-of-law state; Marxist- Leninist views on people's power, human rights, the State and the law and the relationship between the State and the People; viewpoints, lines, undertakings of the Party, policies and laws of the State on the organization and implementation of the state power, control of the state power and control of the executive power in order to build and complete the Vietnam Socialist rule-of-law State; Some modern theories are being applied commonly in many countries around the world today on people's sovereignty, human rights, organization and control of state power within the research scope of Comparative Jurisprudence In addition, theoretical perspectives, practical research results on state power control, executive power control of scientists and previous authors are also important references of the dissertation 4.2 Approaches On the basis of the identified research orientation, the dissertation solves the scientific arguments according to the following approaches: - Approaching the system structure based on the criterion that the subject controls the implementation of the executive power of the Government: The analysis of basic issues of the theory of controlling the implementation of the executive power of the Government: the concept, characteristics, content, control methods; assess current status of the control over the implementation of the executive power of the Government; building solutions to ensure control over the current implementation of the executive power of the Government in Vietnam is placed in a complex of related factors, interacting with each other to create a unit In order to ensure the systematicity of the disseration, during the research process, the author agreed to analyze the theoretical basis, assess current status and propose solutions based on the criteria of subjects participating in controlling the implementation of the executive power rights, including control of the Communist Party of Vietnam, control of state agencies (with controlling subjects being the National Assembly, President, People's Court, State Audit) and control of social institutions (with controlling subjects are, Vietnam Fatherland Front, mass media, People as individual citizens) - Interdisciplinary approach to social sciences and interdisciplinary jurisprudence - Access to history - Approaching comparative jurisprudence 4.3 Research methods To solve the research objectives and tasks of the topic, the author uses the following specific research methods: - Chapter of the dissertation uses analytical and synthetic methods, historical and logical methods to point out theoretical and practical issues that have been studied by scientists in home country and abroad with relevant contents being related to the dissertation; at the same time identify issues that the dissertation needs further research - Chapter of the dissertation uses analytical and synthetic methods, historical and logical methods, systematization, generalization and comparison methods, expert methods to research and clarify the theoretical basis of the dissertation (analyse and interpretate the concept, characteristics, purposes, contents, subjects, forms of control over the implementation of the executive power of the Government and the conditions to ensure the control of the implementation of the executive power of the Government); research, evaluate activities of controlling the implementation of the executive power of the Government in some countries around the world and point out experiences for Vietnam - Chapter of the dissertation uses descriptive method and normative analysis, analysis of information and available documents combined with statistical methods - comparison, analysis and synthesis, history and logic, expert method to assess and analyze the achieved results, limitations and causes of limitations in practical control activities of the Communist Party of Vietnam, the National Assembly, the President, the People's Court, the State Audit, The Vietnam Fatherland Front and its member organizations, the mass media, the People as individuals and citizens for the implementation of the executive power of the Government - Chapter of the dissertation uses analytical and synthetic methods, historical and logical methods, comparative methods, analytical and scientific methods to analyze, argue, and clarify viewpoints and solutions to ensure the control over the implementation of the executive power of the Government Novel research findings of the Dissertation Firstly, the dissertation contributes to supplementing and completing the theory of the implementation control of the executive power in Vietnam The dissertation analyses and clarifies the concepts, characteristics, purposes, contents, subjects, and forms of controlling the implementation of the executive power of the Government The disseration also looks over and sheds light on certain conditions ensuring an effective control of the implementation of the executive power of the Government; generally examine and assess the executive power control in a number of countries around the world, thereby drawing lessons from some reference models that can be applied in Vietnam Secondly, combining secondary documents with analytical and comparative methods, the dissertation assesses relatively completely, systematically and quite comprehensively the current controlling state of the Communist Party of Vietnam, of the other State agencies and social institutions for the implementation of the executive power of the Government in Vietnam in the period from 2013 to 2021 with achieved results, limitations and causes The analysis and interpretation of the dissertation on the limitations and causes of limitations in the implementation control of the executive power of the Government are the key fundamentals for the dissertation to research on 10 - How to ensure effective control over the implementation of the executive power of the Government in Vietnam? (Perspectives and solutions to ensure effective control over the implementation of the executive power of the Government?) CHAPTER CONCLUSION In a democratic rule-of-law society, controlling the implementation of the executive power is a fundamental condition to ensure the implementation of freedom and political democracy In chapter 1, the dissertation studies an overview of domestic and overseas research related to the topic of controlling the implementation of the executive power of the Government An overview of theoretical and practical research on the control of state agencies and the control of social institutions over the implementation of the executive power of the Government has been conducted by domestic and foreign scientists with scientific works such as: scientific research topics at all levels, monographs, theses, articles published in journals of various sciences such as: Law, politics study, sociology In general, the research works have explained in depth the necessity and objectivity of the control of state power in general and the control of the executive power in particular; theoretical analysis, assessment of the current situation, raised the requirements for completing the control mechanism of the ruling Party, the control mechanism of state agencies, the control mechanism of social institutions for the implementation of the executive power in particular, in which there are many works referring to the role of the Communist Party, the National Assembly, the Court, the Fatherland Front, the mass media, and citizens in controlling the implementation of the executive power of the Government However, there are still not many systematic, comprehensive and complete studies on both theory and practice of control of the Communist Party of Vietnam, state agencies and social institutions for the implementation of the executive power of the Government in Vietnam Therefore, on the basis of inheriting and developing the values and knowledge in published works, the dissertation has posed problems that need to be further researched and completed in both theory and practice from which to propose valuable and scientific solutions to ensure the effective control of the Communist Party of Vietnam, state agencies and social institutions over the implementation of power of the Government in the current conditions of building a socialist rule-of-law state in Vietnam 11 CHAPTER FUNDAMENTAL THEORETICAL ISSUES OF CONTROLLING THE IMPLEMENTATION OF THE EXECUTIVE POWER OF THE GOVERNMENT 2.1 The concept and characteristics of controlling the implementation of the executive power of the Government 2.1.1 The concept of controlling the implementation of the executive power of the Government Controlling the implementation of the executive power of the Government is a relatively complex legal concept, so in order to develop this concept, the dissertation has focused on clearly analyzing the connotations of the terms "the executive power", “the agency exercising the executive power - the Government” and “controlling state power” On the basis of inheriting the research results of scientists, with the stated purpose and scope of the study, in this dissertation the author develops the concept of "controlling the implementation of the executive power of the Government" based on determining the controlling subjects that are state agencies and social institutions; controlling objects are national policy making and administration activities, controlling methods include activities of reviewing, monitoring, evaluating, and other measures taken by subjects; and the objective of controlling the implementation of the executive power of the Government is to detect, prevent and eliminate risks and wrongdoings of the Government in making and administering national policies, thereby regulating the implementation of the executive power, ensure that the process of exercising the executive power of the Government operates in accordance with the provisions of the Constitution and the law With such a definition, in this dissertation, the concept of "controlling the implementation of the executive power of the Government" is understood as follows: "Controlling the implementation of the executive power of the Government includes all activities related to reviewing, monitoring, evaluating, measuring taken by state agencies and social institutions in accordance with the law, through which the state agencies and social institutions can detect, prevent and eliminate risks and wrongdoings of the Government in making and administering national policies; thereby adjusting the implementation of the executive power of the Government, ensuring that in the process of exercising the executive power, the Government operates in accordance with the provisions of the Constitution and the law” 2.1.2 Features of controlling the implementation of the implementation of the executive power of the Government Firstly, controlling the implementation of the executive power of the Government is at the heart of controlling state power Secondly, controlling the implementation of the executive power of the Government is a difficult and complicated issue Thirdly, controlling the implementation of the executive power of the Government is diversified in subjects and rich in forms of control 12 Fourthly, control over the implementation of the executive power of the Government is both State and social Fifthly, the effectiveness of controlling the implementation of the executive power of the government depends on many legal, economic, political and social factors Sixthly, controlling the implementation of the executive power of the Government when compared with controlling the implementation of the legislative power of the National Assembly, controlling the judicial power of the Court, there are differences in subject, content, scope, legal forms, methods, procedures, and consequences, but have a close, rigid and mutual relationship with each other Seventhly, controlling the implementation of the executive power of the government is in the process of being completed and continued to develop 2.2 The purpose of controlling the implementation of the executive power of the Government Firstly, ensure that in the process of exercising the executive power the Government operates in accordance with the provisions of the Constitution and the law, thereby ensuring that the executive power is used by the Government for the right purposes and effectively Secondly, prevent the risk of abusing, misusing of the power and corruption of the Government Thirdly, ensure and promote the People's rights mastery; ensure human rights, civil rights and interests of the State and society 2.3 The content of controlling the implementation of the executive power of the Government From the analysis of the basic activities constituting the executive power, the dissertation has clearly determined that the content of controlling the implementation of the executive power of the Government is the control of policy making and national policy administration activities of the Government; in which the focus is on controlling activities of proposing, formulating, deciding policies and law drafts of the Government for the National Assembly to approval; controlling the organization of implementation of the Constitution, laws and resolutions of the National Assembly, ordinances of the Standing Committee of the National Assembly, orders and decisions of the State President; controlling the direction and administration of socio-economic development; controlling activities of directing the inspection, examination, settlement of complaints and denunciations, and anti-corruption 2.4 Subjects and forms of controlling the implementation of the executive power of the Government Based on the criterion of the subject of control, the dissertation has divided the control over the implementation of the executive power of the Government in Vietnam into: 13 2.4.1 Control of the Communist Party of Vietnam over the implementation of the executive power of the Government 2.4.2 Control of the state agencies over the implementation of the executive power of the Government Including control of the National Assembly, the President, the Court, and the State Audit 2.4.3 Control of social institutions over the implementation of the executive power of the Government Including the control of the Vietnam Fatherland Front and its member organizations, the mass media, and the People Each subject, depending on its own position, role, duties and powers, has different control methods over the implementation of the executive power of the Government 2.5 Controlling the implementation of the executive power of the Government abroad and experiences for Vietnam 2.5.1 Control the implementation of the executive power of the Government abroad 2.5.1.1 Control of the state agencies over the implementation of the executive power of the Government 2.5.1.2 Control of social institutions over the implementation of the executive power of the Government 2.5.2 Experiences for Vietnam On the basis of reference to the control of the State and the control of the social institutions over the Government in some countries around the world, the PhD student draws experiences for improving the control effectiveness of the state agencies and the control of the social institutions over the Government in Vietnam 2.6 Conditions to ensure effective control over the implementation of the executive power of the Government In order for the State and society's control over the implementation of the executive power of the Government to proceed smoothly and effectively, it is necessary to have political and legal guarantees on the following economic, social and cultural aspects: - Conditions for political assurance: completing the country's democratic environment; promote the leadership role of the Communist Party in controlling the implementation of the executive power of the Government - Conditions for Legal assurance: ensuring the country's rule-of-law state environment; focus on completing the institution controlling the implementation of the executive power of the Government; ensure the publicity, transparency and accountability in the activities of the Government and other state agencies - Conditions for socio-economic-cultural assurance: the country's socioeconomic stability, development, and building a number of necessary moral values of democracy; Intellectual level and legal understanding of the People, professional qualifications and professional skills of National Assembly deputies, judges and empowered individuals (working in state agencies) are advanced 14 CHAPTER CONCLUSION This chapter has focused on clarifying a number of theoretical issues about controlling the implementation of the executive power of the Government: Firstly, on the basis of clarifying the concept of the executive power, the agency exercising the executive power and controlling the power, the dissertation has developed the concept of "controlling the implementation of the executive power of the Government"; At the same time, the dissertation has identified the characteristics and analyzed the purpose of controlling the implementation of the executive power Secondly, from the analysis of the basic activities constituting the executive power, the dissertation has clearly determined that the content of controlling the implementation of the executive power of the Government is controlling national policy planning and operating of the Government; in which the focus is on controlling activities of proposing, formulating and deciding on policies and law drafts of the Government for the National Assembly to approve; control the organization of implementation of the Constitution, laws and resolutions of the National Assembly, ordinances of the Standing Committee of the National Assembly, orders and decisions of the State President; control the direction and administration of socio-economic development; control activities and direct the inspection, examination, settlement of complaints and denunciations, and anti-corruption Thirdly, based on the criterion of the subject of control, the dissertation has divided the control over the implementation of the executive power of the Government into the control of the Communist Party of Vietnam, the control of the state agencies and the control of the socio-political institutions; since then, on the basis of suitability with the specific political institutional conditions of Vietnam, the dissertation has identified the subject and form of controlling the implementation of the executive power that each subject conducts Fourthly, the dissertation has analyzed the control of the state agencies and the control of society over the implementation of the executive power of the Government in the United States, United Kingdom, Germany, Finland, China, Australia; pointed out good experiences that Vietnam can refer to in order to ensure effective control over the implementation of the executive power of the Government Finally, the dissertation has proved that ensuring the democratic environment and the rule-of-law of the country; promoting the leadership role of the ruling Party in controlling the implementation of the executive power of the Government; focusing on completing the institution controlling the implementation of the executive power of the Government; Government is open, transparent and accountable; the country's socio-economic stability and development; The people's intellectual level and legal understanding, the professional qualifications and skills of the National Assembly deputies, judges and individuals empowered by the State are enhanced are the conditions that ensure the political, legal, economic - cultural - social activities to control the implementation of the executive power of the Government smoothly and with high efficiency 15 CHAPTER CURRENT STATUS OF CONTROLLING THE IMPLEMENTATION OF THE EXECUTIVE POWER OF THE GOVERNMENT IN VIETNAM In this chapter, the dissertation assesses relatively fully, systematically and quite comprehensively current status of control of the Communist Party of Vietnam; control of the state agencies including the National Assembly, the President, the Court, and the State Audit; the control of the social institutions, including the control of the Vietnam Fatherland Front and its member organizations, of the mass media, of the People over the implementation of the executive power of the Government in Vietnam during the period from 2013 to 2021 with the achieved results, limitations and causes, on the following aspects of activities: 3.1 Current status of the control of the Communist Party of Vietnam over the implementation of the executive power of the Government - The Party sets guidelines and policies; setting out major strategic orientations, principles, viewpoints, undertakings and solutions on controlling the state power - Staff work - Inspection and supervision 3.2 Current status of the control of the state agencies over the implementation of the executive power of the Government 3.2.1 Current status of the control of the National Assembly over the implementation of the executive power of the Government 3.2.1.1 Activities of reviewing work reports of the Government 3.2.1.2 Activities of reviewing legal documents of the Government, Prime Minister, Ministers, Heads of ministerial-level agencies 3.2.1.3 Activities of questioning and considering questions answered by the Prime Minister, Ministers and other members of the Government 3.2.1.4 Thematic monitoring activities 3.2.1.5 Activities of taking votes of confidence, voting for confidence in the Prime Minister, Deputy Prime Ministers, Ministers and other members of the Government 3.2.1.6 Regarding supervision activities of the National Assembly Standing Committee, Ethnic Council, and Committees of the National Assembly 3.2.2 Current status of the President's control over the implementation of the executive power of the Government - Proposing the National Assembly to elect, relieve and dismiss the President; based on the Resolution of the National Assembly, appoint, remove 4and dismiss Deputy Prime Minister, Minister and other members of the Government (Clause 2, Article 88 of the 2013 Constitution) 16 - Exchange and work with ministries and branches; giving advices to the Government and Ministries in formulating and implementing guidelines and policies, in the management and administration of the Government - Attend some regular meetings of the Government 3.2.3 Current status of the control of the People's Court's over the implementation of the executive power of the Government 3.2.3.1 The adjudication of criminal cases for criminal acts is specified in Chapter XXIII (Criminals related to position) of the Penal Code 3.2.3.2 The settlement of administrative complaints falls under the jurisdiction of the Court (directly the Administrative Court) 3.2.4 Current status of the control of the State Audit over the implementation of the executive power of the Government - Audit of the State budget settlement - Make audit conclusions and recommendations and check the implementation of audit conclusions and recommendations - Process finance, recover large financial resources for the State budget - Participate in the prevention and fight against corruption 3.3 Current status the control of the social institutions over the implementation of the executive power of the Government 3.3.1 Current status of control of the Vietnam Fatherland Front and its member organizations over the implementation of the executive power of the Government 3.3.2 Current status of the control of the mass media over the implementation of the executive power of the Government 3.3.3 Current status of the direct control of the People over the implementation of the executive power of the Government In this part, the dissertation assesses the control activities of the Vietnam Fatherland Front and its member organizations, the mass media and the People over the implementation of the executive power of the Government in the the following action areas: - Monitoring activities for policies and laws and organizing the implementation of policies and laws of the Government - Acting on social criticism of policies and laws and organizing the implementation of policies and laws of the Government 17 CHAPTER CONCLUSION By assessing current status of the control of the Communist Party of Vietnam, state agencies and social institutions over the implementation of the executive power of the Government, it can be concluded that: the Constitution and Vietnamese laws have recognition, regulation which are more and more complete and progressive to ensure that the Communist Party of Vietnam, state agencies and social institutions control the implementation of the executive power of the Government substantively and effectively Basically, the executive power control system in Vietnam has performed its function, controlling subjects, especially the Communist Party of Vietnam, have made great efforts to achieve many achievements in controlling the implementation of the executive power of the Government However, in Vietnam, although controlling the implementation of the executive power of the Government is diversified in methods with the participation of many authoritative subject, the effectiveness of control activities is not high Even though the National Assembly is given a lot of power and effective means to control the implementation of the executive power of the Government, in current status the control activities conducted by the National Assembly have not met the purposes and requirements, in many surveillance activities it is still very formal The control of the Court over the implementation of the executive power of the Government still lacks the necessary mechanism The new Administrative Courts are only limited to adjudicating specific administrative decisions, in addition, the subjects that the Administrative Courts have jurisdiction over are only ministerial level and below Control activities of the State Presidents are not carried out regularly, are formal and have little practicality; The controlling role of the State Audit is still weak, the quality of control is not high, the implementation rate of audit recommendations is still low and not timely In addition, due to many obstacles in terms of law, organization of activities, human resources, and material conditions, the monitoring activities of the Fatherland Front and its member organizations, the mass media, individual citizens is still heavily formal, not effective, and has not fully demonstrated its status as the most important institution in the social control mechanism for the implementation of the executive power The objective assessment of current status, specifying limitations and causes of limitations of the subjects controlling the implementation of the executive power of the Government is the basis for the author to propose views and solutions to ensure the effectiveness of the control activities of the Communist Party of Vietnam, state agencies and social institutions over the current implementation of the executive power of the Government in Vietnam 18 CHAPTER VIEWPOINTS AND SOLUTIONS TO ENSURE THE CONTROL OVER THE CURRENT IMPLEMENTATION OF THE EXECUTIVE POWER OF THE GOVERNMENT IN VIETNAM 4.1 Viewpoints to ensure control over the implementation of the executive power of the Government in Vietnam 4.1.1 Controlling the implementation of the executive power of the Government must be associated with meeting the requirements of building a socialist rule-of-law state Demonstrate that it meets the following two basic requirements: The first requirement is that controlling the implementation of the executive power must ensure compliance with the Constitution and the law The second requirement is that controlling the implementation of the executive power must ensure compliance with the principle "the state power is unique, there is an assignment, coordination and control among the state agencies in the implementation of the legislative, executive and judicial powers” 4.1.2 Ensuring the Communist Party's leadership role in controlling the implementation of the executive power of the Government 4.1.3 Controlling the implementation of the executive power of the Government must be consistent with the country's international integration requirements In particular, the construction of a constructive government plays an important role in ensuring the control over the implementation of the executive power of the Government, ensuring the realization of the aforementioned progressive standards in the organization and operation of the state apparatus and control of the executive power 4.1.4 Ensuring objectivity, comprehensiveness, synchronism and feasibility in controlling the implementation of the executive power 4.2 Solutions to ensure control over the current implementation of the executive power of the Government in Vietnam 4.2.1 Raise awareness about the control over the implementation of the executive power of the Government Firstly, raise the awareness of cadres, officers and the People about the socialist rule-of-law and socialist democracy Secondly, there should be a re-perception of the executive power of the Government, in the direction of a clear demarcation between the executive and administrative agencies, and ensuring the operation method of the Government in the implementation of the executive power meets the requirements of the Constructivist Government, the Government in the rule-of-law state Thirdly, it is necessary to define control over state agencies as a form of control with an important position and role, mainly determining the 19 effectiveness of control activities in the implementation of the executive power of the Government Fourthly, it is necessary to simultaneously focus on organizing and exercising control of the state agencies and control of society, overcoming the situation of underestimating the supervisory role of the socio-political institutions, means of mass media and the People today 4.2.2 Solution to ensure control of the Communist Party of Vietnam over the implementation of the executive power of the Government Firstly, it is necessary to build a high political determination, create a change in the awareness and action of cadres and party members in the implementation of the Party's guidelines and views on controlling state power, executive power Secondly, completing the Party's regulations on inspection and supervision of the Implementation of the executive power of the Government Thirdly, ensure human resources and material conditions of the Party organization in controlling the implementation of the executive power of the Government Fourthly, it is necessary to create a breakthrough in personnel work 4.2.3 A group of solutions to ensure the control of the state agencies over the implementation of the executive power of the Government In order to ensure the control of the National Assembly, the President, the People's Court and the State Audit over the implementation of the executive power of the Government, it is required to implement synchronously solutions to improve the law; renovating the organization and operation in order to improve the capacity and operational efficiency of the controlling subjects; ensure human and material resources for control activities of these subjects 4.2.3.1 Solution to ensure the National Assembly's control over the implementation of the executive power of the Government a) Solutions to improve the law on the National Assembly's control over the implementation of the executive power of the Government b) Renovating the organization and operation of the National Assembly to meet the requirements of controlling the implementation of the executive power of the Government, should be implemented in the following directions: Firstly, establish the National Assembly Ombudsman (Parliament Ombudsman) in Vietnam Secondly, reform the form of the National Assembly's control over the implementation of the executive power of the Government c) Ensure human and material resources for the National Assembly's control over the implementation of the executive power of the Government 4.2.3.2 Solution to ensure the President's control over the implementation of the executive power of the Government 4.2.3.3 Solution to ensure the control of the People's Court over the implementation of the executive power of the Government 20 Firstly, it is necessary to establish a constitutional jurisdiction by giving constitutional rights to the Supreme People's Court Secondly, strengthen the independence of the Court in the adjudication process 4.2.3.4 Solution to ensure the State Audit's control over the implementation of the executive power of the Government a) Solution to improve the law on control of the State Audit over the implementation of the executive power of the Government: + Amending and supplementing the current Law on State Audit + Amending and supplementing the current Law on Anti-corruption and the Law on State Audit b) Renovating the organization and operation of the State Audit c) Ensuring human and material resources to well serve the State Audit's control over the implementation of the executive power of the Government 4.2.4 A group of solutions to ensure the control of social institutions over the implementation of the executive power of the Government 4.2.4.1 Ensuring control of the Vietnam Fatherland Front and its member organizations over the implementation of the executive power of the Government Firstly, completing the law on the control of the Vietnam Fatherland Front over the implementation of the executive power of the Government Secondly, renovate the operation organization of the Vietnam Fatherland Front Thirdly, ensure human resources and material conditions of the Vietnam Fatherland Front in controlling the implementation of the executive power of the Government 4.2.4.2 Ensuring control of the mass media over the implementation of the executive power of the Government Firstly, completing the law on the press, namely: detailed, specific and clear regulations on press freedom in order to create a basis for press agencies to conduct practical activities; consider supplementing and amending regulations on press duties; encourage and create conditions for citizens to exercise the right to "create journalistic works" as provided for in Clause 1, Article 10 of the 2016 Press Law; develop legal provisions to protect journalists, in particular, the Law on Protection of anti-negative People should be promulgated soon Secondly, it is necessary to improve the professional qualifications, professional ethics and sense of responsibility of journalists In granting cards to journalists, it is necessary to pay attention to the conditions of professional qualifications and ethical qualities of the journalists whose cards are issued 4.2.4.3 Ensure the People's direct control over the implementation of the executive power of the Government Firstly, the State needs to create a sufficient and solid legal basis to ensure the implementation of the People's rights to direct supervision over the implementation of the executive power of the Government 21 Secondly, renovating the People's supervision activities in the direction of diversifying forms and methods of supervision; focusing on the application of information technology achievements in the People's supervision over the implementation of the executive power of the Government Thirdly, ensuring the People's control over the implementation of the executive power of the Government is associated with the promotion of building an open and transparent state government in Vietnam Fourthly, it is necessary to raise the people's intellectual level and ensure economic conditions for the people CHAPTER CONCLUSION On the basis of the theory and current status of controlling the implementation of the executive power of the Government analyzed in Chapters and 3, Chapter the dissertation has proposed viewpoints and solutions to ensure control over the current implementation of the executive power of the Government in Vietnam Accordingly, ensuring control over the implementation of the executive power of the Government in Vietnam must thoroughly grasp the following points of view: Controlling the implementation of the executive power of the Government must be associated with meeting the requirements of constructing socialist rule-of-law state; Ensure the leading role of the Communist Party in controlling the implementation of the executive power of the Government; Controlling the implementation of the executive power of the Government must be consistent with the country's international integration requirements; Ensuring objectivity, comprehensiveness, synchronism and feasibility in controlling the implementation of the executive power From the above guiding viewpoints, based on the criteria of the subject of control, the dissertation has proposed groups of basic solutions to ensure the effective control of the Communist Party of Vietnam, the National Assembly, The State President, People's Court, State Audit, Vietnam Fatherland Front and member organizations, mass media and the people for the current implementation of the executive power of the Government in Vietnam The solutions to ensure control of the above subjects are associated with raising awareness; completing the law; renovating the organization and operation of the controlling subjects being state agencies and organizations; promote the role of the People in controlling the implementation of the executive power of the Government; ensure human and material resources for the control activities of state agencies, social institutions, mass media and the People to control the implementation of the executive power of the Government The above solutions, if implemented synchronously, will contribute to improving the capacity and efficiency of control activities in the implementation of the executive power of the Government in Vietnam; thereby, contributing to ensuring that the executive power is used for the right purposes and effectively implemented, preventing the risk of abuse of power by the Government, promoting the people's mastery, ensuring human and civil rights, the interests of the State and of society 22 CONCLUSION In the socialist rule-of-law state, controlling the implementation of the executive power of the Government plays a great role in ensuring that the Government exercises the executive power in accordance with the purposes, scope and limits that the People have authorized and the law have regulated; ensure the Government's accountability and effectiveness in the implementation of the executive power; prevent the risk of abuse of power, misuse of power and autocracy of this division of power; thereby making the executive power strong, promoting the People's mastery, contributing to ensuring human rights and civil rights, and ensuring the interests of the State and the society Recognizing the importance of ensuring control over the implementation of the executive power of the Government, the dissertation is researched by the author to clarify the theoretical and practical basis for controlling the implementation of the executive power of the Government, thereby proposing views and solutions to ensure effective control over the current implementation of the executive power of the Government in Vietnam Therefore, the dissertation has achieved the following results: Firstly, through the study of research works on controlling the implementation of the executive power of the Government at both international and domestic levels, the dissertation has assessed the overview of the research on the topic of controlling the implementation of the executive power of the Government in Vietnam, thereby pointing out the advantages and research results that the dissertation will inherit and continue to develop, issues that have not yet been thoroughly resolved On that basis, the dissertation has proposed the research hypothesis, research questions and identified the issues that the dissertation must continue to research related to the control of the implementation of the executive power of the Government from a scientific perspective of legal studies, in characteristics and conditions in Vietnam Secondly, on the theoretical basis, the dissertation has focused on clarifying the concept, determining the characteristics, analyzing the purpose of controlling the implementation of the executive power of the Government; analyze the specific contents of control over the implementation of the executive power of the Government, which clearly states control over the implementation of the executive power of the Government in two aspects: Control over policy making activities, Government laws and government law enforcement activities Besides, based on the subject criteria, the dissertation has divided the control over the implementation of the executive power of the Government into the control of the Communist Party of Vietnam, the control of state agencies and the control of the state agencies social institutions; Since then, the dissertation has identified the subject and form of control over the implementation of the executive power that each subject conducts The dissertation has explained the political, legal, socio-economic assurances of the control over the implementation of the executive power of the Government In addition, the dissertation has researched and explored control of the State and control of 23 society over the implementation of the executive power of the Government in the United States, United Kingdom, Germany, Finland, China and Australia Thirdly, on current status of controlling the implementation of the executive power of the Government in Vietnam: Through the analysis and assessment of the achieved results, the existing limitations and the causes of the existing limitations in the control activities of the Communist Party of Vietnam, state agencies and social institutions over the implementation of the executive power of the Government, the dissertation has come to the conclusion that: In Vietnam, the Constitution and laws of Vietnam have been recognized and regulations are increasingly complete and progressive in order to ensure that authorative subjects control the implementation of the executive power of the Government in a substantive and effective manner; controlling subjects, especially the Communist Party of Vietnam, have made many efforts to achieve many achievements in controlling the implementation of the executive power of the Government However, it must be objectively acknowledged that, in Vietnam, controlling the implementation of the executive power of the Government, although diversified in methods with the participation of many authoritative subjects, the effectiveness of control activities is still not high Although the National Assembly is given a lot of power and means to control the implementation of the executive power of the Government, in current status the control activities conducted by the National Assembly have not met the purposes and requirements, in many cases, the supervision is still very formal The Court's control over the implementation of the executive power of the Government still lacks the necessary mechanism The new Administrative Courts are limited to adjudicating only to individual administrative decisions, administrative acts are only from the ministerial level and below, and as for administrative legal documents, they are not subject to trial by the Court, but are considered by the "recommendation" and "request" mechanism of the Court Control activities of the Presidents are not carried out regularly, are formal and have little practicality The controlling role of the State Audit is still weak, the quality of control is not high, the implementation rate of audit recommendations is still low and not timely In addition, due to many obstacles in terms of institutions, organization of activities, human resources, and material conditions, the Communist Party of Vietnam, the Fatherland Front and member organizations, the mass media, individual citizens have not really promoted their roles in supervision and social criticism for the implementation of the executive power of the Government This situation poses a requirement to continue researching and proposing scientific, feasible and effective solutions to ensure control over the current implementation of the executive power of the Government in Vietnam Fourthly, on the basis of the assessed situation, combined with the reference to the good experiences of other countries in controlling the implementation of the executive power, the dissertation has proposed views and solutions to ensure control over the current implementation of the executive power of the Government in Vietnam Accordingly, ensuring control over the implementation of the executive power of the Government in Vietnam must 24 thoroughly grasp the following points of view: Controlling the implementation of the executive power of the Government must be associated with meeting construction requirements Socialist rule-of-law state; Ensure the leading role of the Communist Party in controlling the implementation of the executive power of the Government; Controlling the implementation of the executive power of the Government must be consistent with the country's international integration requirements; Ensuring objectivity, comprehensiveness, synchronism and feasibility in controlling the implementation of the executive power From the above guiding points of view, based on the criteria of the subject of control, the dissertation has proposed groups of basic solutions to ensure the effectiveness of control activities of the Communist Party of Vietnam and of State agencies (including the National Assembly, People's Court, State Audit, State President) and social institutions (including the Vietnam Fatherland Front and its member organizations, the mass media and the People) for the current implementation of the executive power of the Government in Vietnam The solutions to ensure control of the above subjects are associated with raising awareness; completing the law; renovating the organization and operation of the controlling subjects being state agencies; promoting the role of the People in controlling the implementation of the executive power of the Government; ensure human and material resources for control activities of state agencies, socio-political institutions, mass media and the People for controlling the implementation of the executive power of the Government The above solutions, if implemented synchronously, will contribute to improving the capacity and efficiency of control activities in the implementation of the executive power of the Government in Vietnam; thereby, contributing to ensuring that the executive power is used for the right purposes and effectively implemented, preventing the risk of abuse of power by the Government, promoting the People's mastery, ensuring human and civil rights, ensuring the interests of the State and of the society