Quan hệ phối hợp giữa quyền hành pháp và quyền tư pháp trong kiểm soát quyền lực nhà nước ở việt nam tt tiếng anh

MINISTRY OF EDUCATION AND
TRAINING

MINISTRY OF HOME
AFFAIR

NATIONAL ACADEMY OF PUBLIC ADMINISTRATION

NGUYEN HUU CHINH

THE COORDINATION RELATIONSHIP BETWEEN
EXECUTIVE AND JUDICIAL POWER IN THE CONTROL OF
THE STATE POWER IN VIETNAM

Major : Public Management
Code: 9 34 04 03

STRACT OF PH.D THESIS IN PUBLIC MANAGEMENT

HANOI, 2020


The work has been completed at:
NATIONAL ACADEMY OF PUBLIC ADMINISTRATION

Scientific Supervisors: 1. Assoc. Prof. Dr. Le Thi Huong
2. Assoc. Prof. Nguyen Tat Vien

Reviewer 1: ………………………………………….
Reviewer 2: ………………………………………….
Reviewer 3: ………………………………………….

The thesis shall be presented in front of the Academy-level Thesis
Assessment Council.
At: Room …..Floor ........... Building……......................................,
National Academy of Public Administration, No.77 Nguyen Chi Thanh
Street, Dong Da District, Ha Noi.
Time: ..............day……... month ……... year................................


LIST OF AUTHOR’S PUBLLICATIONS
1. Nguyen Huu Chinh, Strengthening the coordination
relationship between the executive and judicial power in the control of
the state power in Vietnam today, Journal of Democracy and Law, 9/
2019.
2. Nguyen Huu Chinh, The role of the coordination relationship
between the executive and judicial power in the control of the state
power, Journal of State Management, 9/2019


FOREWORDS
1. The necessity of the topic
State power has both positive and negative sides. While the positive
side of state power shows that it has the power to ensure the purpose-oriented
activity of society, to solve social conflicts, to serve the interests of the
community and of each individual, the negative side indicates that state power
has a tendency to abuse the power. That tendency is a manifestation of the
state power’s deterioration in the process of movement and development. That
state power is deteriorated shall result in the harmful consequences suffered
by People - the true owners of state power. According to historian Lord Acton
(1834-1902): "Power tends to lead to corruption, absolute power tends to

corrupt absolutely". The State is the subject that holds the greatest power with
the wide management of the abundant resources in the society. This may lead
to the risk that the State can go beyond the scope, limits assigned by the
people and the abuse of power lies within the State but from outside
influences.
Due to such a special nature of state power, from its birth to now, the
control of state power has been posed with different modes and institutions.
Mankind, with its history full of blood and tears, has clearly understood that
state power must be controlled, and furthermore, strictly controlled. In the
other words, state power must have its limit and must be limited, especially in
democracy and jurisdiction, especially in democracy and socialist rule of law.
Control of state power is both fundamental and urgent issue in the
course of construction of the socialist rule-of-law state of the People, by the
People and for the People in Vietnam. It is an objective component of the
execution of state power - empowerment must go together with control of
power so that power does not become absolute. Organizing execution of state
power consists of three stages: Empowerment - Use of rights - Control of
rights. To enable state power to always belong to the People, it, a matter of
course, must be controlled by the People.
In Vietnam today, the control of state power is a new issue, so there are
many limitations, in both theoretical and practical aspects. Empowerment but
it is controlled loosely, infrequently, formally, even not controlled ... has led to
so many consequences as: Corruption and negativity are widespread in the
State apparatus; Social order has many upsets; Justice, fairness, and
democracy are not strictly enforced ... that gradually loses people's faith. One
of the reasons for this fact is the shortage of coordination among branches of
1


power, including the coordination between executive power and judicial

power in control of state power. This issue requies to be studied in both
theoretical and practical aspects based on scientific methodology from an
innovative perspective..
However, there has not been any comprehensive and specialized
research work to assess the coordination between executive power and judicial
power in the control of state power at the level of Ph.D thesis on Public
Management, so far. Therefore, it can be said that this is the first scientific
work that comprehensively studies the coordination relationship between
executive power and judicial power in the control of state power on the basis
of inheriting the author’s research results but developed in a new direction.
From the foresaid theoretical and practical requirements, the topic
"Coordination relationship between Executive Powers and Judicial Power
in the Control of State Power in Vietnam" is choosen by the author for the
desire of researching, clarifying the issues which are being posed in order to
contribute to strengthening the control of state power in Vietnam, to ensure
that the state power belongs to the People.
2. The purpose and tasks of the research
2.1. The purpose of the research
The purpose of the research topic is to build a scientific basis to propose
solutions to strengthen the coordination relationship between executive power
and judicial power in the control of state power in Vietnam today.
2.2. The tasks of the research
To implement the above-mentioned overall purpose, the thesis
identifies the following tasks:
- Researching the published scientific works related to the thesis in
order to look for inherited values and gaps need be further researched.
- Forming a theoretical basis system of the coordination relationship
between executive power and judicial power in the control of state power such
as the concept, characteristics, role, content as well as the components and
assurance factors etc…

- Making summary history of the formation process of theoretical, legal
thinking and the reality of legal provisions on the coordination relationship
between executive power and judicial power in the control of state power in
Vietnam today.
2


- Proposing viewpoints and solutions to improve the coordination
relationship between executive power and judicial power in the control of
state power in accordance with the characteristics of the Vietnamese political
system, meeting the requirements of the country’s renovation.
3. The object and scope of the research
3.1. The object of the research
Theoretical, legal and practical basis of the coordination relationship
between executive power and judicial power in the control of state power in
Vietnam.
3.2. The scope of the research
The coordination relationship between executive power and judicial
power in the control of state power is a broad and complicated range.
Therefore, within the research topic, the following issues will be limited:
- In respect of the content: Focusing on analyzing the relationship
between the Government and the Supreme People's Court in the control of
legislative power, executive power and judicial power in compliance with the
provisions of the Constitution 2013 and the current legal documents.
- In respect of the space: Nationwide.
- In respect of the time: From the validity date of Constitution 2013 to
the present.
4. Methodology and research methods
The topic is researched on the theoretical basis of dialectical
materialism and historical materialism, fundamental principles of MarxismLeninism and President Ho Chi Minh's thoughts; The viewpoints of the Party

and the State on the coordination relationship between executive power and
judicial power in the control of state power are reflected in the Resolutions of
the Party and the legal documents of the State.
The topic is researched by dialectical and historical materialism and
other specific methods such as methods of systemization, analysis,
summarization, comparison, statistics, induction and deduction ... Other than
the traditional methods, the topic also uses the multi-disciplinary and
interdisciplinary approaches to clarify the issues studied in the topic.
5. Research hypotheses and research questionaires
3


5.1. Research hypotheses
- State power in Vietnam has been in the risk of being abused due to the
lack of strict control, no determination and good operation for the
coordination relationship between executive and judicial power in the control
of the state power.
- To strengthen the control of state power, it is essential to improve the
legal basis and operation mechanism of the coordination relationship between
executive and judicial powers in the controll of state power in the spirit of the
rule of law state.
5.2. Research questionaires
- What is executive power? What is judicial power? What is the control
of state power? What is the coordination relationship between executive and
judicial power in the control of state power?
- By which factors is the coordination relationship between executive
and judicial power in the control of state power constituted and influenced?
- What is the current status of coordination relationship between
executive and judicial power in the control of state power in Vietnam today?
What are the advantages and shortcomings? What is the cause of those

shortcomings?
- On what viewpoint should it based to strengthen the coordination
relationship between executive and judicial power in the control of state
power? Are there any solutions to strengthen this relationship in the control of
state power in Vietnam today?
6. New scientific contributions of the thesis
Firstly, on the basis of researching and inheriting the available
documents of Vietnam and of other countries in the world, the thesis
introduces the concept, analyzes the characteristics, roles and contents of the
coordination relationship between executive and judicial power in the control
of state power; Analyze the elements constituting the coordination
relationship between judicial and judicial powers in the control of state power
in Vietnam, comprising: institutions, mechanisms and guarantees.
Secondly, based on the assessment of the current status of coordination
relationship between executive and judicial power in the control of state
power in Vietnam over the past time, the thesis proposes viewpoints and
4


solutions to strengthen coordination relationship between the executive and
judicial power in the control of state power in Vietnam in the coming time.
7. Theoretical and practical meanings of the thesis
In respect of the theory, the research results of the thesis contribute to
enriching the arguments about the coordination relationship between executive
and judicial power in the control of the state power. Particularly: The thesis has
contributed to clarify some theoretical issues about the assignment, coordination
and control of the state power; evaluate the actual status and propose solutions
to strengthen the coordination relationship between executive and judicial
power in the control of the state power in Vietnam.
In respect of the practice, the thesis can be used as a useful materials

for reference in researching, teaching and learning at the training institutions
of administrative and legal sciences. At the same time, it can also serve as a
reference for the competent authorities in the process of making policies and
laws, contributing to realize the provisions of the Constitution 2013 on
assignment, coordination and control of the state power in Vietnam today.
8. Conclusion of the thesis
Other than the foreword, conclusion and list of materials for reference,
the content of the thesis consists of 4 chapters and 12 periods.
Chapter 1
OVERVIEW OF THE RESEARCH SITUATION
RELATED TO THE THESIS’S TOPIC
In this chapter, the thesis has reviewed the research works related to the
topic in two groups:
1.1. Research works on state power and control of the state power
1.2. The research works on executive power, judicial power and the
relationship between executive and judicial power in the control of the
state power.
Based on the scientific research of the domestic and overseas works
related to the topic, the thesis:
1.3. Made a general assessment of research situation related to the
thesis’s topic
1.3.1. The issued have been studied and solved
5


Firstly, the root of state power has been explained to originate from the
People. The state power is the public power, empowered to the State by the
People to govern society.
Secondly, to avoid abusing power, the state power must be
decentralized or assigned to different state agencies for implementation.

Thirdly, in the relationship between the agencies executing the
legislative, executive and judicial powers, it must be acknowledged the
absolute independence of the justice.
Fourthly, in order to optimized the state power, it is necessary to
propose the strict control mechanisms from many aspects, especially to
promote the relationship between the executive agency and the judicial
agency, particularly the relationship between the Government and the
Supreme People's Court.
1.3.2. The thesis’s issues need to be further solved
Firstly, supplement and clarify the theoretical issues on the
coordination relationship between executive power and judicial power in the
control of the state power.
Secondly, clarify the particular characteristics of the coordination
relationship between executive and judicial power in the control of the state
power in the Socialist Republic of Vietnam and in the principle of state power
unified, decentralized, coordinated and controlled among agencies executing
the power of the state apparatus.
Thirdly, analyze and assess the actual situation of the coordination
relationship between executive and judicial power in the control of the state
power in Vietnam in two aspects: legal regulations, implementation
organization and search for the solutions for strengthening the coordination
relationship between the executive and judicial powers in the control of the
state power.
Conclusion of Chapter 1
Research activities aiming at searching for solutions to strengthen the
coordination relationship between executive and judicial power in controlling
the state power have been particularly active in our country in recent years. It
is difficult to list the number of research works related to this topic. Products
of research activities are published in various forms of publications. The
research results have deciphered many theoretical and practical aspects in

6


relation with the thesis’s topic. These are necessary materials and also
favorable premise for implementation of the thesis research.
However, through the review of the research situation, it is also shown
that many issues of the thesis’s topic have not been properly solved or have
not been posed in published research works.
Chapter2
THEORETICAL ISSUES OF THE COORDINATION
RELATIONSHIP BETWEEN EXECUTIVE AND JUDICIAL POWER
IN THE CONTROL OF THE STATE POWER
2.1. Awareness of executive and judicial power in the control of the
state power
2.1.1. State power and control of state power
2.1.1.1. State power
State power is a part of the political power, is the power of the people,
empowered to the State by the people acknowledged in the Constitution and
used to perform the functions and duties of the State, to ensure the rights and
interests of every citizen and the whole society.
2.1.1.2. Control of the state power
Control of the state power is all activities implemented by competent
entities (the Party, the State, socio-political organizations and individuals) on
the basis of legal provisions in order to ensure that the state power is
organized and operated effectively and efficiently.
2.1.2. Executive power in the control of the state power
2.1.2.1. Concept of the executive power
Executive power is one of the three parts constituting the state power,
executed by the Government with the basic contents including: propose or
promulgate by itself the policies according to its competence and implement

management of the public administration within the national territory.
2.1.2.2. The subject exercising the executive power
- For countries with a tough decentralization model, the executive
power invested to the Head of State (President).

7


- For countries with a flexible decentralization model, the executive
power invested to the Prime Minister
- For countries with a mixture of decentralization models, the executive
power invested to both the President and the Prime Minister.
- In Vietnam, the executive power is invested to the Government.
2.1.2.3. Content of the executive power
Firstly, the right for proposing and organizing implementation of
national policies.
Secondly, proposing and promulgating th legal documents (provisionmaking functions)
Thirdly, organizing implementation of the executive power (public
administration) within the national territory.
2.1.3. Judicial power in the control of the state power
2.1.3.1. Concept of judicial power
The judicial power is one of the three parts constituting the state power,
with its mission to uphold and protect the justice and the legal order, which is
primarily exercised by the Court through trials.
2.1.3.2. The subject executing the judicial power
In the Regime of the Republic of the President (US), judicial power is
invested to the Court.
In Regime of the Republic of Parliament (UK), judicial power is not
only invested to the Court but also to Parliament.
In semi-presidential system (France): similarity to the Presidential

System is that the judicial agency can’t annul the acts promulgated by the
legislative agency and similarity to Parliamentary System is that it contains a
specialized constitutional protection body called as Constitutional Council.
In Vietnam today, judicial power officially belongs to the People's
Court (Clause 1, Article 102 of the Constitution 2013).
2.1.3.3. Content of judicial power
The nature of judicial power is to protect the justice and the general will
of the nation through the trial activities of the Court. Therefore, the core
content of judicial power is the trial of legal violations and resolving legal
8


disputes in order to ensure the fairness of the parties involved in the
proceedings and to maintaining the society stable.
2.2. Awareness of the coordination relationship between executive
and judicial power in the control of the state power
2.2.1. The concept and characteristics of coordination relationship
between executive and judicial power in the control of the state power
The coordination relationship between the executive and judicial
powers in the control of the state power is the relationship between the agency
assigned to exercise the executive power (Government) and the agency
assigned to exercise judicial power ( People's Court) to ensure that the state
power is organized and exercised in the most effective way, ensuring that the
state power always belongs to the People in compliance with the provisions of
the Constitution and laws..
Characteristics:
Firstly, the coordination relationship between the executive and the
judicial power in the control of state power is indispensable, objective, with
independent functions and duties, but it has a tight relationship and mutual
support, reflecting the organization way of the state apparatus.

Secondly, the coordination relationship between executive and judicial
power in the control of the state power is both political and technical in nature.
Thirdly, the coordination relationship between the executive and
judicial powers in the control of the state power is governed by the
Constitutional principle "state power is unified, assigned, coordinated ...."
(Article 2 of the Constitution 2013).
Fourthly, the coordination relationship between executive and judicial
power in the control of the state power takes place in the process of organizing
and enforcing the state power.
2.2.2. Basis of coordination relationship between executive and
judicial power in the control of the state power
The basis of the coordination relationship between the executive and
judicial powers in the control of the state power is the assignment of state power.
2.2.3. The content of coordination relationship between executive and
judicial power in the control of the state power
2.2.3.1. Coordination for control of the legislative power
9


The content of coordination between executive and judicial power in
the control of the legislative power majorly focuses on building and
promulgating the legal normative documents. By building and contributing
comments on law draft, the executive and the judicial agencies will be able to
have better control over issues related to their organization and activities.
2.2.3.2. Coordination for control of the executive power
The coordination of executive and judicial power in the control of the
executive power focuses on the followings:
- Control of power in the organization and operation of the state
administrative system. These are the issues of establishment, merger,
cancellation and establishment of functions, tasks, relationships of state

administrative agencies, regulations on working policies, operating rules, etc..
- Control of power in building, promulgating and organizing
implementation of administrative decisions (including two types: legal
normative decisions and specific decisions) and administrative acts taken to
exercise the executive power.
2.2.3.3. Coordination for control of the judicial power
The combination of executive and judicial power in the control of
judicial power is directed to the contents:
- Control over the organization and operation of judicial power.
- Control over the behavior of judges and judicial titles
- Control over the Court's ruling.
2.2.4. Principle of coordination relationship between executive and
judicial power in the control of the state power.
2.2.4.1. Ensure the position and leadership role of the Communist
Party of Vietnam
The Party's leadership in the relationship between the executive and
judicial power in the control of the state power is expressed in two aspects: i) The
Party recognizes the principle of assignment and coordination of control in
organization and exercise of the state power, thereby facilitating the concretization
in the Constitution and related Acts and ii) Through the Party members’ actions
currently working in the state apparatus to implement this principles.
2.2.4.2. Ensure that the state power belongs to the People
10


The principle of People's sovereignty confirms that the legality
(legitimacy) of the State must be established and upheld basing on the
People's will or consent. In other words, the People's sovereignty requires
state power to be and should be absolutely respected.
2.2.4.3. Ensure the unity of state power

Whether state power is divided (bourgeois countries) or assigned
(socialist countries), they themselves imply the unity. The state power is the
unity because the state power always belongs to a certain class or class
coalition. In principle, the state power must always be concentrated - that is
the unity of the state power.
2.2.5. The role of the coordination relationship between executive and
judicial power in the control of the state power.
Firstly, the coordination relationship between the executive and the
judicial power in the control of the state power is an effective mode to ensure
that the People are the true owners of state power as prescribed by the
Constitution 2013.
Secondly, the coordination relationship between the executive and
judicial power in the control of the state power is a method that contributes to
enhance the rule of law of the State.
Thirdly, the coordination relationship between the executive and the
judicial power in the control of the state power plays a role as a means of
promoting socialist democracy, the People's sovereignty, establishing a
equality relationship between the state and citizens, organizations and
individuals before the law in the rule of law state.
Fourthly, the coordination relationship between the executive and the
judicial power in the control of the state power will constitute a synergetic
strength to ensure the state power is controlled strictly, effectively,
comprehensively.
2.3. Factors constituting the combination relationship between
executive and judicial power in the control of the state power
2.3.1. The institution of combination relationship between executive
and judicial power in the control of the state power.
The institution of the coordination relationship between the executive
and the judicial power in the control of the state power is understood as a
system of legal provisions stipulating principles, objectives, scope, content,

11


form, order, procedures as well as conditions to ensure implementation of the
relationship between the Government and the Supreme People's Court in the
control of the state power.
2.3.2. The mechanism of the coordination relationship between
executive and judicial power in the control of the state power
The institution of the coordination relationship between executive and
judicial power in the control of the state power is the system of authorities,
organizations and individuals involved in the process of implementing the
coordination relationship between the executive and judicial power in the
control of the state power, organized and operating on the basis of law,
contributing to ensuring realization of this relationship in practice.
Institutional system directly implementing the coordination relationship
between executive and judicial power in the control of the state power in our
country includes: Government and People's Court.
2.3.3. Guarantees of exercising a combination relationship between
executive and judicial power in the control of the state power
Guarantees for exercising a coordination relationship between the
executive and judicial powers in the control of state power are both an integral
part of the coordination relationship between the executive and judicial
powers in the control of the state power and as an "external" element of
institutions and mechanism, existing as a "compulsory" condition for effective
operation of institutions in the coordination relationship between executive
and judicial power in the control of the state power, comprising: Political
guarantees; Economic guarantees; Legal guarantee; Guarantee on
organizational structure and human resources.
Conclusion of Chapter 2
The need for a state is indeed of the People, by the People, for the

People as well as the demand for controlling the state power requires us to
keep on exercising the mechanism of assignment and coordination of state
power more thoroughly in organization of the state apparatus. An important
requirement that must be strictly complied is that the assignment must be clear
and the coordination must be tight so that the state power will be effectively
executed in practice. For doing so, the executive and judicial agencies should
abide by the principle of assignment and coordination of state power based on
the nature and content of each power instead of basing on the nature and
importance of work. Particularly, the work on which power are based must
12


necessarily be executed by the empowered agency; other agencies only have a
coordination role. It is unreasonable to rely on the nature and importance of
the work for decentralization, because this forces the subjects to try to perform
work beyond their expertise. It is known that every unprofessional effort may
rarely be as effective as professional ones.
To enable coordination relationship between the executive and judicial
power in the control of the state power to promote its role, all the constituents
(institutions, mechanisms as well as guarantees) must be concurrently
strengthened and promoted its practical use.
Chapter 3
THE CURRENT STATUS OF COORDINATION RELATIONSHIP
BETWEEN EXECUTIVE AND JUDICIAL POWER IN THE
CONTROL OF THE STATE POWER IN VIETNAM
3.1. The development process of thinking, awareness of state power
and the coordination relationship between executive and judicial power
in the control of the state power
3.1.1. The Communist Party's viewpoints of state power organization
and the coordination relationship between executive and judicial power in

the control of the state power
From the 6th National Congress of the Communist Party of Vietnam
(December 1986), it was determined that: "The Vietnamese State unified the
three legislative, executive and judicial powers with a clear decentralization
among three powers.".
The Resolution of the 8th Conference of the Central Committee of the
Communist Party of Vietnam (the 7th Session) dated January 23, 1995 on
continuing to build and perfect the State of the Socialist Republic of Vietnam,
with a focus on one-step reforms of the administration has set out five
fundamental viewpoints that need be thoroughly grasped in the process of
building and consolidating the state apparatus, including: "The state power is
unified, clearly assigned and tightly coordinated between state agencies to
exercise legislative, executive and judicial powers "
The foresaid viewpoint of the Party continues to be thoroughly grasped
and affirmed in the Resolution of the 8th National Congress (1996), the
Resolution of the 9th National Congress (2001) and the Resolution of the 10th
National Congress (2006), in which focusing on "Building the operational
13


mechanism of the Socialist rule of law State, ensuring the principle that all
state power belongs to the people; State power is unified, clearly assigned and
tightly coordinated among agencies in implementation of legislative, executive
and judicial powers. Improving the legal system, increasing the specificity and
feasibility of the provisions in the legal documents. Building an inspection and
supervision mechanism of the constitutionality and legality in the activities
and decisions of public agencies”
The 11th National Congress of the Party continues to affirm that the
state power is unified, clearly assigned and tightly coordinated among
agencies in the implementation of legislative, executive and judicial power; at

the same time, adding control requirements among agencies in
implementation of the state power.
The 12th National Congress of the Party emphasized the requirement to
continue building and perfecting the Socialist rule-of-law state on the basis of
"Synchronously implementing the legislative, executive, judicial tasks. Clearly
define the assignment and coordination mechanism in exercising the state
power, especially the mechanism for power control power among state
agencies in exercising the legislative, executive and judicial powers on the
basis of the united state power; specify the rights and responsibilities of each
power”. This is a great advance in the awareness of the state power
organization and the necessity for assignment, coordination and control of the
state power.
3.1.2. Legal institutions on state power organization and coordination
relationship between executive and judicial power in the control of the state
power before the Constitution 2013
3.1.2.1. According to the Constitution 1946
The Constitution 1946 properly and appropriately represented the
relationship of assignment, coordination, and control of the state power between
the people and the state (although the Constitution didn’t refer to the word
"control"). The spirit and content of the Constitution 1946 were expressed
through many decrees and acts of the President Ho Chi Minh at that time.
3.1.2.2. According to the Constitution 1959
The Constitution 1959 further affirmed and clarified the viewpoint that
the root of state power originating from people's power. The Constitution
1959 prescribed relatively paricularly the provisions on the assignment and
coordination of state power among state agencies. The Constitution
14


established the supervision mechanism of the state competent agencies over

other agencies of the State.
3.1.2.3. According to the Constitution 1980
Basically, the Constitution 1980 inherited the viewpoint of the people's
power and state power from the Constitution 1959; however, in comparison
with the Constitution 1946, the mechanism of assignment, coordination and
control of the state power in the Constitution 1980 was not expressed clearly.
3.1.2.4. According to the Constitution 1992 (Amended and
supplemented in 2001)
The Constitution 1992 (amended and supplemented in 2001) asserted
the principle of assignment and coordination among state agencies in
exercising the legislative, executive and judicial power. It was considered an
important advance in organization of the state power.
3.1.3. General comment
Four foresaid Constitutions contain the provisions on the relationship
between executive and judicial power in the control of the state power through
provisions on the relationship between the Government, the People's Council
and the Court. These provisions in four Constitutions have both similarities
and certain differences, which is proved by considering the particular
provisions in term of these issues of each Constitution.
3.2. The coordination relationship between executive and judicial
power in the control of the state power under the applied law
3.2.1. The institution on coordination relationship between executive
and judicial power in the control of the state power
3.2.1.1. Provisions on the relationship between executive and judicial
power in the control of the state power according to the Constitution 2013.
The Constitution 2013 clearly defined the decentralization for three
legislative, executive and judicial branches. In particular, the National
Assembly exercises the constitutional and legislative powers; The
Government exercises the executive powers and the People's Court exercises
the judicial rights. This groundbreaking provision of the Constitution 2013

posed many requirements for controlling the state power in practice.
According to the Constitution, in spite of the assignment of three powers, they
are not completely separated but bound together, they must be coordinated
15


with each other on the basis of fully and properly doing the tasks and rights
entrusted by the people as prescribed by law.
3.2.1.2. The content of coordination between executive and judicial
power is under the applied provisions
According to the Constitution 2013, there is no direct coordination
between the Government and the Court to execute the powers, but only the
work coordination in accordance with the Joint-Resolution No. 15/NQLT/
CP-TANDTC-VKSNDTC dated 31st March, 2010, promulgating the
Regulation on work coordination between the Government and Supreme
People's Court, Supreme People's Procuracy clearly defined the principle on
coordination between these agencies. It must be based on the functions, duties
and powers of each agency as prescribed by law; it is essential to facilitate to
support implementation of tasks proactively, regularly, tightly and timely.
Information security must be ensured in accordance with the current
provisions. However, it can also be understood that this is an indirect power
coordination between executive and judicial power.
3.2.2. The actual status of implementing the coordination relationship
between executive and judicial power in the control of the state power
3.2.2.1. Coordination in the control of the legislative power
The coordination between executive and judicial power in controlling
the legislative power includes:
Firstly, control the scope of the legislative power to ensure that
legislative agency only does what is prescribed by the Constitution and the law.
Secondly, the control the provisions on issues and fields that must be

governed by laws to ensure that the National Assembly, the National
Assembly's agencies and the State agencies are not arbitrarily violated.
Thirdly, control the constitutionality of the process and procedure for
implementing the legislative power.
Fourthly, control the constitutionality of the legal documents passed by
the National Assembly.
Fifthly, control the promulgation of the ordinance of the Standing
Committee of the National Assembly.
.3.2.2.2. Coordination in the control of executive power

16


The coordination between the executive and judicial power in the
control of the executive power focuses on the following contents:
Firstly, control over the scope of executive power.
Secondly, control over the organizational structure of the executive agency.
Thirdly, control over the national policy-making activities of the
executive agency.
Fourthly, control over the operating activities of national policies.
Fifthly, control over the human resources to exercise the executive power
3.2.2.3. Coordination in the control of the judicial power
The coordination between the executive and judicial power in the
control of the judicial power is directed to the following contents:
- Control over the organization and operation of the Courts.
- Control over judgement activities of the People's Court.
- Control over the proposal, initiation and appraisal of national
policies in the field of justice.
- Control over the organization of the State administrative apparatus
and the regimes of public service and civil servant of the Court.

3.3. Commenting on the coordination relationship between the executive
and judicial powers in the control of the state power in Vietnam today
3.3.1. Advantages
- The Constitution 2013 marked an important turning point in
stipulating by the constitution of the state power control mechanism, reflected
by supplementation of regulations on cross "control" (other than the
assignment and coordination) between the executing agencies of the
legislative power, the executive power and the judicial power.
- The Constitution 2013 also prescribed a mechanism of power control
power among agencies in the state apparatus.
- Since theConstitution 2013 was promulgated so far, the National
Assembly has passed many new laws and their amendments and supplements
to consolidate and complete the mechanism of assignment, coordination and
control of power between state agencies in exercising legislative, executive
and judicial power.
17


- The coordination between power branches in Vietnam is carried out
quite smoothly and clearly.
- The coordination relationship between the executive and the judicial
agency plays a very important role, contributing to holding fast the order,
discipline and law of the State.
3.3.2. Shortcomings
Firstly, the coordination between executive and judicial power in the
control of the legislative powr is not really effective.
Secondly, the coordination between executive and judicial power in the
control of the executive power remains limited.
Thirdly, the coordination relationship between executive power and
judicial power in the control of the judicial power is also inadequate.

3.3.3. The cause of the shortcomings
Firstly, the theoretical awareness of the mechanism of assignment,
coordination and control of the state power, including control of the exercise
of the legislative power has not been paid adequate attention.
Secondly, the cause of national renovation has been carried out for
more than 30 years but organization and control of state power in Vietnam are
still affected by the Soviet model, resulting in the slow innovation for
mechanism design.
Thirdly, there are still some shortcomings although the legal system has
been developed and promulgated.
Fourthly, the assurance conditions for the coordination between the
executive and the judicial power in the control of the state power are not really
guaranteed, the relationship between the executive agency and the judicial
agency are not yet tight.
Fifthly, no model of the mechanism of assignment, coordination and
control of the state power in the socialist rule of law state is established to
serve for study and research.
Sixthly, the renovation process of the country is not long so far, so
many old and inappropriate regulations and models have not been changed
yet; There has no model of the mechanism for assignment, coordination and
control of the state power in the socialist rule-of-law state for study and
research, which has made the coordination relationship between executive and
18


judicial power in the control of the state power not to obtain the effectiveness
and efficiency as expected.
Conclusion of Chapter 3
The Constitution 2013 and the legal documents which have been
promulgated after the Constitution took effect created a legal framework and

established more clearly the coordination relationship between state agencies
in the exercise and control of the state power, including the coordination
between executive and legislative power. After more than 30 years of
renovation, Vietnam has made many positive and sound decisions, thereby
having achieved many important changes in awareness and implementation of
the mechanism of assignment, coordination and control among state agencies
in the exercise of the legislative, executive and judicial powers. However, it
should be frankly regconized that we are still confused, even embarrassed due
to the old thinking framework, which results in implementing this mechanism
unsatisfactory such as coordination between the Government and the People's
Court in the control of the state power. Besides, there has no a real
breakthrough in awareness as well as in practical action; prejudice, avoidance,
fear of mistakes when receiving new things or implementing the mechanism
of assignment, coordination and control of the state power, especially the
control between the Government and the People's Court over the legislative
activities of the National Assembly still remain. Those are inadequacies that
need be further improved in the future in both theoretical and practical terms.
Chapter 4
STRENGTHEN THE COORDINATION RELATIONSHIP BETWEEN
THE EXECUTIVE AND JUDICIAL POWER IN THE CONTROL OF
THE STATE POWER IN VIETNAM TODAY
4.1. The demand for improving the coordination relationship
between the executive and judicial powers in the control of the state
power in Vietnam
4.1.1. Originating from the demand of building a socialist rule of law
State, of the People, by the People, for the People
It can be said that the need for a socialist rule-of-law state, with the real
state power belonging to the People, requires more scientific changes in
assignment and coordination of the state power, including the coordination of
executive and judicial powers to ensure more effective control of the state power.

19


4.1.2. Originating from the demand of building a tectonic and
developed state
Control of the state power, limitation of the state power within the
people's authorization is not to weaken the state power and to diminish the
role of the state, but make the state stronger and clearer to be able to assume
state power instead.
4.1.3. Originating from the demand of promoting democracy,
building a public and transparent environment
Strengthening the coordination relationship between executive and
judicial power in the control of the state power must be implemented together
with building a democratic, public and transparent environment..
4.1.4. Originating from the demand of controlling the state power
In order to ensure that the state power is executed effectively, control of
the state power is inevitable. This control is assessed from two aspects, one is
the people's control over the state agency for the authorization contents and
the other is the cross-control among state agencies to ensure no one can abuse
or exceed the power limits authorized by the People.
4.2. The viewpoint of strengthening the coordination relationship
between the executive and judicial powers in the control of the state
power in Vietnam.
4.2.1. Strengthening the coordination relationship between executive
and judicial power in the control of state power must be put under the
leadership of the Communist Party of Vietnam.
The coordination relationship of executive and judicial power in the
control of the state power must be put under the leadership of the Communist
Party of Vietnam. This is a specific principle in the Vietnamese political
regime, demonstrating the class and people's character of state power,

reflecting the socialist nature of the state power.
4.2.2. Strengthening the coordination relationship between the
executive and judicial power in the control of the state power is to enable the
state to do all the tasks and powers entrusted by the people rightly and fully
The state power is of the people, the people empower and authorize the
state, on people’s behalf, to exercise the legislative, executive and the judicial
powers. The state power governed by the State always “tends to deny itself
and to become opposite to itself at the beginning” in the process of movement.
20


4.2.3. Strengthening the coordination relationship between the
executive and judicial powers in the control of the state power to assure the
legitimacy of the state
Control of the state power, limitation of the state power within the
scope entrusted by the people is not to weaken the state power and to diminish
the role of the state, but make the state stronger and clearer to be able to
assume the power assigned by the people.
4.2.4 Strengthening the coordination relationship between the
executive and judicial powers in the control of the state power must be in
conformity to the international integration requirements.
Strengthening the coordination relationship between executive and
judicial power in the control of the state power so as to meet the requirements
of international integration is to establish the common standards of human
rights, civic rights on civil and politics . It is both a device, content and a way
to serve the international integration of the country.
4.3. Solutions for strengthening the coordination relationship between
executive and judicial power in the control of the state power in Vietnam
4.3.1. Enhancing the awareness of organization and control of the
state power

Awareness always plays an important role as a prerequisite and crucial
condition for successfully implementing the organization and control of the
state power in practice. Therefore, strengthening the coordination relationship
between executive and judicial power in the control of the state power as well
as the group of solutions on awareness is concerned first.
4.3.2. Improving the institutions on the coordination relationship
between executive and judicial power in the control of state power
4.3.2.1. For the legislative power
Regulations related to the coordination of executive and judicial power
in controlling QLP cannot separate the regulations on functions and duties of
the National Assembly. Therefore, the institutional improvement of the
coordination of executive and judicial power in controlling QLP also starts
from considering the role and functions of this agency.
4.3.2.2. For the executive power

21


It is essential to improve the legal institution on the control of the
executive power in the direction of redefining the position and role of the
Government in organization of the state apparatus, redefining the competence
of the Government.
4.3.2.3. For the judicial power
Judicial power are always associated with the Court’s activities, so
improvement of the institution on coordination in the exercise of judicial
power should be based on the Court-centered principle to determine the
competence scope of other state agencies in coordinating implementation of
works with the Court.
4.3.3. Improving the mechanisms on the coordination relationship
between executive and judicial power in the control of state power

4.3.3.1. Improving the mechanisms under the Party’s leadership
Based on the provisions of the Constitution 2013, studying the
institutionalization of the leadership of the Communist Party of Vietnam,
clearly determining the governing position, the leading role, content and mode
of the Party over the State, including institutions of the Party's inspection and
supervision for the state agencies.
4.3.3.2. Improving the mechanism for exercising the executive power
Firstly, enhance the Government's capacity in making the policy.
Secondly, enhance the Government's capacity in operating policies.
4.3.3.3. Improving the mechanism for exercising the judicial power
Firstly, strengthen the accountability of the Judges and the Court.
Secondly, make information of the Court's activities public and transparent.
4.3.4. Strengthen the guarantees for realizing the coordination
relationship between the executive and judicial powers in the control of the
state power
- In term of politics
It must be ensured that state power belonging to the People is a
prerequisite factor for determination of the rightness and soundness of the
coordination relationship between executive and judicial power in the control
of the state power. It requires the principle of people's sovereignty to become
the red thread throughout the practical process of organization and exercise of
22