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

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ASIAN CONSTITUTIONAL LAW:RECENT DEVELOPMENTS AND TRENDS

THE ASSIGNMENT, COORDINATION, AND CONTROL

IN EXERCISING STATE POWER IN VIETNAM

Professor Nguyen Minh Doan

Hanoi Law University

Abstract

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

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

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

Before 1945, the state power in Vietnam was exercised in the form of an absolute monarchy. The
ultimate authority in the State is in the hands of a king who holds supreme executive, legislative and
judicial power. With the establishment of the Democratic Republic of Vietnam in 1945, republican 
regime was introduced into Vietnam, resulting in a radical change in the state power organization and
exercising. The state apparatus under the 1946 Constitution has many similarities with the apparatus

of the Republic of France, therefore, the division, coordination and control of power among the
highest organs of the state are quite neat. In the state apparatus, the People’s Parliament is the highest
authority assigned to solve all national problems, make laws, vote on the budget, and ratify treaties
signed by the Government with foreign countries, etc. The Government is the highest administrative
body under the control of Parliament or the Standing Committee of Parliament when Parliament is not
in session. The President is both the head of State and the head of Government with great powers such
as: asking Parliament to re-discuss laws passed by Parliament before publication; request Parliament
to discuss the public credibility of the Cabinet. Ministers who are not trusted by Parliament have to
resign. The same is true of the discredited cabinet members.

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

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

Due to stagnation, backwardness with many mistakes, along with impatience, voluntarism and

the shortening of phase to: “move fast, go strong, move firmly, go straight to Socialism”, in the
late 1980s of the 20th century, the socialist countries fell into recession. The socialist countries were

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

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

was brought forward in the spirit of: “Developing and perfecting the mechanism of examining and
supervising the constitutionality and legitimacy in activities and decisions of the public authorities [...]
Establishing a mechanism of judgment on the violations of the constitution in legislative, executive
and judicial activities.” The 11th Congress has added adjustment stating the necessary of “Studying,

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

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

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Many innovations have been seen in the operation of The National Assembly, which improve the

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

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

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

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

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

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

and relationships of some agencies and organisations is still not clear and stifled with overlapping,
duplication...” The constitutional protection mechanism is not effective; the control of power is still
limited; human rights and civil rights are still violated, etc.

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

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

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

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

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supervision, and is accountable to the People in its decisions.” The Party’s guidelines and policies and
the State’s laws need to be criticized, considered and evaluated from many different aspects and forces.

In Vietnam today, to betler exercise the single-party system , it is a need to consolidate and enhance
the role of organizations in the political system. Improving the effectiveness and efficiency of social
supervision and criticism of the Vietnam Fatherland Front, its organizations and other organizations
in society in regard to the guidelines, policies and laws of the Party and the State. In the current
situation, organizations and individuals in society should pay more attention and boldly criticize and
express their opinions and stances, even though those may be contrary to the standpoint of the Party

and the State. The agencies of the State and the organizations of the Party shall create favourable
conditions for the Front and other organizations in society to supervise, criticize, contribute opinions,
listen and debate with those criticisms, and also check the correctness and appropriateness in their
decisions. It must be clear that the supervision and criticism of the Front and other organizations in
society is not and should not be interpreted as “the opposing forces”and should only be considered as
voices and perspectives from society and people regarding the Party policies, the laws and activities
of the State, with the aim of more effective and improved implementation for the benefit of the
People, the Party and the State.

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

The assignment, coordination and control of state power in the spirit of “the rule-of-law” must
hold the legality in high regard, that is, put emphasis on the instruments of assignment, coordination
and control - the Constitution and the law. General Secretary Nguyen Phu Trong has always reminded
to confine power in an institutional cage, power must be constrained by institutions, of which the most
important is the Constitution and laws. All organizations and individuals in society must respect and
implement the Constitution and laws. This is reflected in the change in the Party’s views regarding the
content of Article 4 of the Constitution: If the 1980 Constitution only stipulates “Party organizations
operate within the framework of the Constitution”, the 1992 Constitution took a step forward that
it prescribed not only within the framework of the Constitution, but also the law, and the 2013
Constitution affirmed that not only the Party’s organization but also its members must operate within
the framework of the Constitution and laws. It is time to specify Article 4 of the Constitution with a
Law on the Communist Party of Vietnam in order to facilitate conditions to clarify the relationship
between the Party’s organizations and state agencies and employees. The establishment of the Law
of the Party will be a legal basis not only defining the scope of directing and leadership of the Party
organizations, but also a basis for organizations and individuals to supervise Party organizations and
individual party members perform the leadership of the State and society.

The Constitution should acknowledge that the constitutional rights belong to the People, and

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

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

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

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

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

Determining the scope and level of the Party’s leadership to the State is of great significance which

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

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

exercising the state power.

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

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

exercise of legislative power.

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

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

in the spirit that the Constitution is the basic and supreme law. All other legal documents must conform
to the Constitution. All violations of the Constitution will be punished.

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

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

exercising state power

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

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

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

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

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

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

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

For liability, responsibility should be specified in both positive and negative sense. The spirit
of the rule-of-law state requires the responsibility of state agencies and employees to have a legal

basis and be guaranteed to be implemented by legal measures. However, the 2013 Constitution does
not stipulate the responsibilities of the National Assembly to the people. Therefore, it is necessary to
supplement this provision to enhance the responsibility of the National Assembly to the people. This
also shows that other state agencies are responsible to the National Assembly, which is indirectly
responsible to the people.

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

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

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

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

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

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

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

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

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

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

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

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

Conclusion

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

For the appropriate and scientific assignment, coordination and control of state power, each

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

References

Truong Chinh (1987), Innovation is the imperative Requirement for the country and the current era,
National Political Publishing House, Hanoi, pp. 12,70,71].

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

Procuracy, No. 18].

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

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

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

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

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

The Communist Party of Vietnam (2006), Documents of the 11th National Party Congress, National

Political Publishing House, Hanoi, p.247].

The Communist Party of Vietnam (2006), Documents of the 12th National Party Congress, National

Political Publishing House, Hanoi, pp.176, 310, 432].

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

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

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

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

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77

PART 2 - PUBLIC LAW IN VIETNAM: COMPARATIVE CONTEXTS

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

Constitusion of Vietnam (1946,1959, 1980, 1992 and the Resolution on amendments to the 1992
Constitusion), National Political Publishing House, Hanoi].

The Constitusion of Socialist republic of Vietnam].

Office of the National Assembly of Vietnam (2009), The National Assembly and Institutions in the

Socialist Rule-of-Law State of Vietnam, Labour Publishing House, Hanoi].

National Assembly Office (2009), Interpretation of Law - Some Theoretical and Practical Issues, 
Hong Duc Publishing House, Hanoi, p.170].

Office of the CPV’s Central Committee (2017), Documents of the 6th Plenum of the 12th Central

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