Lesson 2: Fighting negativity and 'group interests' in law-making

Prof. Dr. Phan Trung Ly, former Chairman of the National Assembly's Law Committee

However, in practice, law-making in Vietnam still has shortcomings in controlling power, preventing corruption, negativity and the impact of "group interests".

There are still shortcomings in fighting negativity and group interests.

During the question and answer session at the 36th meeting of the National Assembly Standing Committee (August 2024), Deputy Prime Minister Le Thanh Long acknowledged that through corruption and economic cases, conclusions of violations issued by inspection and examination agencies, there were signs of "group interests" and "local interests" in law-making.

Manifestations of negativity and "group interests" can be clearly seen not only through corruption and economic cases, conclusions of violations issued by inspection and examination agencies, but also through the review of legal documents...

According to Professor Phan Trung Ly, former Chairman of the National Assembly's Law Committee, negativity in law-making is the act of abusing legislative power to serve personal or group interests, undermining the fairness and transparency of the law. Negativity can be manifested through drafting regulations that benefit an interest group, legitimizing wrongdoings or complicating procedures for personal gain.

Negativity in law-making is a serious problem that can affect the country's development. Preventing and combating negativity in law-making requires the coordination of many parties, from legislative bodies, social organizations to the people. Making the process transparent, improving the quality of laws, and strictly handling violations are important measures to build a fair and effective legal system...

Assessing the general situation of power control, anti-negativity, and group interests in law-making, Professor, Dr. Phan Trung Ly acknowledged that the power control system in legislation has made progress, with many regulations on supervision and social criticism; the mechanism of publicity and transparency in law-making has been significantly improved, especially through channels for collecting public opinions...

However, at present, legislative thinking in particular and law-making thinking in general have not been renewed and have not kept up with requirements; the National Assembly's supervisory mechanism is not really effective, and there is still a situation of "both playing football and blowing the whistle" when many National Assembly deputies are also heads of ministries and branches.

In addition, interest groups can still influence the promulgation of laws through informal lobbying, causing disadvantages for the business and social environment; responsibilities in law-making are unclear; handling of violations in law-making is not thorough, lacking strong enough sanctions mechanisms...

Creating a "golden ring" to control power

The Communist Party of Vietnam always identifies power control as a core element in building a clean and strong legal system. The 13th Party Congress document emphasizes: "Resolutely and persistently fight against corruption, negativity, and group interests in law-making; perfect the power control mechanism, close legal loopholes so that no one can be corrupt or negative."

Entering a new era - the era of national development, Vietnam is placing urgent demands on perfecting legal institutions to create strong development momentum. In an important speech at the eighth session of the 15th National Assembly, General Secretary To Lam stated: It is necessary to focus on controlling power in law-making, tightening discipline, promoting responsibility, especially the responsibility of leaders, resolutely fighting against negativity and "group interests"...

This is also a task that needs to be carried out resolutely and synchronously to unlock resources, create people's trust in the transparent and honest legal system; at the same time, continue to strongly innovate the organization and operation of the National Assembly to meet the requirements of national development in the new era...

On June 27, 2024, the Politburo issued Regulation No. 178-QD/TW on controlling power, preventing and combating corruption and negativity in law-making. This is an effective tool in assessing group interests in law-making activities.

The issuance of Regulation No. 178-QD/TW demonstrates the Party's determination to strengthen control over power, prevent corruption and vested interests, and ensure transparency and fairness in the law-making process - an important step towards improving the effectiveness of state management and strengthening people's trust in the legal system.

Deputy Minister of Justice Dang Hoang Oanh. Photo: VGP

In order to limit and thoroughly resolve negative aspects and group interests in law-making, perfecting the legal system and institutions and creating a "golden ring" to control power is a key and urgent requirement and task. According to Deputy Minister of Justice Dang Hoang Oanh, the Government has directed the amendment of the Law on Promulgation of Legal Documents, with new policies creating a breakthrough in law-making. This includes narrowing and clearly defining the authority to promulgate legal documents.

Regarding the process of drafting legal documents, three requirements must be met. These are: ensuring democracy, transparency, timeliness, feasibility, efficiency, ease of application in practice, saving time and costs; improving productivity and quality of law-making. Ensuring substantive assessment of policy impacts. At the same time, ensuring the implementation of a mechanism for receiving and explaining comments from affected subjects, which are people and businesses.

In particular, it is emphasized that group interests and local interests must absolutely not be allowed in the design of legal documents and that difficulties must not be created for the people and businesses. The law must clearly define the responsibilities of each entity, especially the head of each stage in the drafting process...

To improve the effectiveness of power control, prevent negativity and group interests in law-making in Vietnam, Prof. Dr. Phan Trung Ly said that it is necessary to synchronously deploy many solutions. Accordingly, it is necessary to resolutely and persistently ensure the leadership of the Party in law-making. Thoroughly grasp and well implement the Party's guidelines and policies, and the direction of General Secretary To Lam on perfecting institutions, innovating thinking in law-making, and the Party's regulations on the work of preventing and combating corruption, negativity and group interests in law-making.

Perfecting the power control system, fighting against negativity and group interests in law-making. Separating interests to avoid conflicts, promoting the role and responsibility of cadres and party members, especially leaders, resolutely fighting against negativity and "group interests" in law-making.

At the same time, enhance the capacity and quality of the law-making team. There should be higher standards for officials participating in law-making, especially in terms of expertise, public ethics and sense of responsibility for the common good; promote the role and responsibility of officials and party members, especially leaders, and resolutely fight against negativity and "group interests" in law-making work.

In addition, it is necessary to continue to innovate and improve the law-making process to meet the requirements of combating negativity and group interests, such as the law only regulating issues of principle, stipulating the ultimate responsibility of subjects, experts, and scientists in law-making. Strengthening publicity, transparency and accountability at all stages of law-making.

Promote social supervision and criticism, and the participation of people, experts, and scientists in law-making activities. Implement digital transformation and apply information technology to make the law-making process transparent. Thereby, create an open data system on draft laws, comments, and criticisms so that people and organizations can easily access and monitor.

In the new era - the era of national development, Vietnam needs a truly fair and transparent legal system, creating a solid foundation for sustainable development. To achieve that, controlling power, fighting negativity and group interests in law-making is an urgent task.

Lesson 3: The 'key' to opening legal thinking in the new era

Dieu Anh