Legal experts propose solutions to control state power

According to experts, with the goal of fair assessment, considering the control of state power is an important and urgent issue in the current context of Vietnam.

Dr. Le Truong Son - Rector of Ho Chi Minh City University of Law - spoke at the conference this morning - Photo: THANH AN

On the morning of December 20, Ho Chi Minh City University of Law organized a national scientific conference with the theme: "Division, coordination and control of state power in the socialist rule of law state in Vietnam today".

Law enforcement and power control are still not synchronized.

Speaking at the workshop, Dr. Le Truong Son - Rector of Ho Chi Minh City University of Law, said that this is an extremely important and practical topic, especially in the context that the country is in the process of building and perfecting a socialist rule-of-law state.

"The rule of law state is not only a goal but also a process that requires the efforts of the entire political system, in which state power must be assigned, closely coordinated and effectively controlled to serve the interests of the people.

This is not only a political requirement, but also a legal requirement to ensure transparency and fairness in the exercise of power," Mr. Son emphasized.

According to Mr. Son, besides certain successes in building institutions and legal regulations to control state power, there are still challenges that need to be resolved such as the division of responsibilities among state agencies, law enforcement and power control are still not synchronous and effective.

The results of the workshop will contribute to the improvement of legal regulations and practical implementation of this issue.

Prof. Dr. Nguyen Quoc Suu - Deputy Director of the National Academy of Public Administration - also said that with the goal of fair assessment, considering the control of state power is an important and urgent issue in the current context of Vietnam.

Professor Tran Ngoc Duong proposed solutions to control the implementation of executive power, strengthen the mechanism of controlling state power within the executive power enforcement apparatus - Photo: THANH AN

To assign state power appropriately?

Prof. Dr. Tran Ngoc Duong - member of the Presidium of the Central Committee of the Vietnam Fatherland Front - proposed solutions to control the implementation of executive power: it is necessary to review regulations on functions, tasks, and powers of constitutional institutions to assign appropriate state power, overcome overlapping, duplication, or inappropriateness, and mutual obstruction in the implementation of state power of each power; strengthen the mechanism to control state power within the apparatus implementing executive power...

Discussing the issue of division of power among state agencies in exercising legislative power, Dr. Duong Hong Thi Phi Phi - Head of the Department of State History and Law, Faculty of Administrative Law - State, Ho Chi Minh City University of Law - clarified that legislative power is an important branch of power in the model of state apparatus organization.

To ensure the truly effective implementation of legislative power, the division of labor among state agencies in implementing this power is a top important technique, because the division of labor is the basis for coordination and the premise for controlling the implementation of power.

In various ways, our country's laws have recognized and regulated the increasingly appropriate division of labor among state agencies in exercising legislative power.

However, legal regulations on this issue still have certain shortcomings: the confirmation of the scope of legislative power is not clear in the Constitution and has not been explained by competent authorities; the distinction between legislative power and legislative authorization still has some shortcomings.

"In the coming time, it is necessary to continue to make amendments to current legal regulations, focusing on defining the scope of legislative power in the Constitution, more clearly distinguishing legislative power from legislative activities; limiting areas and contents that can only be implemented by law, issues that cannot be delegated; more fully defining the tasks and powers of the subjects receiving legislative authorization, boldly eliminating the authority to issue ordinances of the National Assembly Standing Committee," Ms. Phi recommended.

Source: https://tuoitre.vn/chuyen-gia-luat-de-xuat-giai-phap-kiem-soat-quyen-luc-nha-nuoc-20241220143655446.htm