Improving conditions to ensure the Party's leadership in the exercise of judicial power in Vietnam

ASSOC.PROF., DR. TRUONG THI HONG HA
Department of General Research,
Central Committee of Home Affairs

1. The Party’s leadership role in the exercise of judicial power in Vietnam

In Vietnam, the Party takes the lead in the exercise of judicial power, ensuring seamless coordination and promoting synergy among state power agencies and the entire political system. This creates conducive conditions for courts and agencies to fulfill their tasks and actively engage in the exercise of judicial power in alignment with the Party’s political guidelines. The Party’s leadership in the exercise of judicial power is comprehensive, encompassing politics, ideology, and cadre organization. The Party leads the exercise of judicial power not through administrative orders but by promoting democracy and upholding the Party’s character, as well as the initiative and sense of responsibility of Party organizations and members within the court in the implementation of the Party’s directives and resolutions. Through its network of Party organizations and members, the Party influences relevant individuals and organizations, thus exerting an impact on the entire society. The Party leads and gathers the collective strength of the entire nation to integrate the Party’s policies and guidelines on the judiciary, judicial reform, and the exercise of judicial power into the fabric of social life.

The Party’s leadership role in the exercise of judicial power is demonstrated in the following aspects:

(1) Promoting the exercise of judicial power in synchronization with the exercise of legislative and executive powers; promoting judicial reform, ensuring the independence of the courts within their jurisdiction, with judges and jurors being independent and adhere only to the law;

(2) Establishing a professional, modern, fair, strict, and integrity-driven justice system that serves the Fatherland, the People, upholds justice, protects human rights and civil rights, safeguards the socialist regime, and defends the interests of the State, as well as the legitimate interests and rights of organizations and individuals(1);

(3) Fostering a contingent of court officials who meet the criteria of political acumen, moral qualities, professional qualifications, experience, and social knowledge. This is aimed at enabling them to effectively carry out assigned tasks and powers, contributing to the successful realization of objectives, directions, tasks, and judicial reforms to meet the requirements of building, and perfecting the Socialist Rule-of-Law State of Vietnam;

(4) Harnessing the comprehensive strength of the entire society in the fight against law violations and crimes. Within this context, the court, as the institution responsible for exercising judicial power, stands as a steadfast support for the people in upholding justice, and human rights, and resolving disputes. Additionally, it is critical that the exercise of judicial power shall be subject to oversight by the National Assembly, People’s Councils at all levels, and the public.

2. Current state of conditions that ensure the Party’s leadership in the exercise of judicial power

The conditions to ensure the Party’s leadership in the exercise of judicial power are understood as a set of factors that share a dialectical relationship. They serve as an indispensable premise and foundation for the Party to guide the implementation of judicial power, meeting the requirements for building and perfecting the Socialist Rule-of-law State of Vietnam. The components of the conditions that secure the Party’s leadership in the exercise of judicial power in Vietnam encompass political, legal, economic, socio-cultural, and human resource conditions. These conditions are intricately interconnected, ensuring the Party’s leadership in the effective execution of judicial power.

Achievements:

Firstly, political conditions serve as the foundation to ensure the Party’s leadership in the exercise of judicial power, aligning with the Party’s commitment not to compromise its leadership, make excuses, or abuse its power, while also upholding the principle of independent judges and jurors who adhere strictly to the law. Accordingly, the Party’s political monism and ideological foundation, grounded in Marxism - Leninism and Ho Chi Minh thought, coupled with sound political guidelines and appropriate leadership methods, have played a crucial role in securing the Party’s leadership in the exercise of judicial power in Vietnam throughout the years.

Secondly, socio-cultural conditions, encompassing political culture, Party culture, leadership culture, etc., represent a significant source of strength and a vital factor in shaping the Party’s leadership culture. By promoting cultural values, the Party guides the implementation of judicial power with the goal of ensuring justice, protecting human rights and citizens’ rights, and preserving valuable cultural traditions and history of the nation. These factors are essential in determining the effectiveness of the Party’s guidelines and directives on judiciary and judicial reforms.

By promoting positive cultural traits such as integrity, morality, and the objectivity requirements of Party building work, in the process of leading the implementation of judicial power, the Party has effectively implemented directives against corruption and negativity in investigation, prosecution, trial, and judgment execution. This has resulted in improved trial quality, the development of solidarity and unity within the Party, and, concurrently, contributed to strengthening people’s trust in the Party and the State, as well as in the rigor, transparency, and fairness of the judiciary.

Thirdly, over time, the legal system has been developed and continually refined, serving as a crucial legal foundation and prerequisite to ensure the Party’s leadership in the exercise of judicial power. The 2013 Constitution stipulates the legal position, functions, tasks, organizational structure, organizational principles, and activities of people’s courts, serving as a constitutional basis for the Party to effectively lead the exercise of judicial power. Following 15 years of implementing Resolution No. 49-NQ/TW, dated June 2, 2005, of the Politburo on the judicial reform strategy until 2020, the legal systems of criminal, civil, and judicial proceedings have become quite comprehensive, with nearly 70 laws that essentially institutionalize the Party’s policy on leading the implementation of judicial power(2).

Fourthly, ensuring economic conditions, thus generating financial resources and facilities to support the realization of the Party’s directives and guidelines, as well as the study and development of state policies and laws, especially the reform of the budget allocation mechanism for the court, modernization of working offices, application of information technology, construction of digital courts, and the establishment of a reasonable working regime and remuneration policies for cadres and party members who advise the Party on judiciary and internal affairs or serve as judges and judicial officers in the courts.

Fifthly, the Party has strongly emphasized the development of human resources both quantitatively and qualitatively, aiming to cultivate resilient, virtuous, and talented cadres and party members within judicial agencies. During the recent National Party Congresses, the Central Committee, the Politburo, and the Secretariat have paid special attention to the selection and nomination of elite party members possessing the necessary qualities, competencies, bravery, and prestige to be appointed to key positions in judicial agencies. The professional qualifications and working capabilities of the cadres and party members serving as judges in the courts have seen continuous improvement.

Some limitations:

Firstly, within Party committees and organizations at various levels, the Party’s leadership role in the execution of judicial power has not been consistently and fully acknowledged. The Party’s approach to leading the exercise of judicial power has been slow to implement the renovation. Instances of violations by cadres and party members with judicial titles are not promptly detected and addressed, leading to a lack of adjustment and rectification. Additionally, there is occasional confusion in coordination among Party Committees, Party organizations in the Court, and local Designated Representations, Party Committees, and authorities.

Secondly, the inherent motivational role of culture has not been emphasized in the process of organizing and implementing a number of the Party’s directives, guidelines, and policies on the judiciary. The cultural environment is marked by complex developments; morality and social lifestyles have deteriorated. There is a decline in political ideology, ethics, and lifestyle among some Party cadres and members. Within the judiciary, there are instances of deviations from standards, particularly in terms of judicial integrity.

Thirdly, the system of legal regulations and legal conditions lacks comprehensiveness and consistency. Some regulations specifying the Party’s leadership in the exercise of judicial power, especially directives for preventing and combating negativity in the field of trial, are still absent.

Fourthly, economic reform has not kept pace with political reform. Certain Party directives on the exercise of judicial power remain unimplemented due to inappropriate economic conditions. Some directives lack thorough assessments of economic impact, resulting in confusion or even inability to deploy them when being implemented. Facilities remain insufficient, and the regime of judges and jurors is inadequate, failing to meet the requirements for actively performing the functions and tasks of the people’s court.

Fifthly, human resources for party work and judicial positions still face some limitations. Quality control activities for legal training have not been given adequate attention, and efforts to foster knowledge and political theory have not been substantive.

Causes of limitations:

Firstly, there is an incomplete and insufficient acknowledgment of the importance of perfecting political, economic, socio-cultural, legal, and human resource conditions to ensure the leadership and governance of the Party in the exercise of judicial power.

Secondly, while there has been attention given to the study of political theory and the protection of the Party’s ideological foundation, effective measures have not been taken to combat distorted claims advocating for the organization of courts based on the principle of power separation or the depoliticization of the court, etc. Moreover, the assessment of the impact on Vietnam’s socio-economic, political, and legal conditions has not been close to reality. As a result, the implementation of some of the Party’s directives on judicial reform has been slow to materialize.

Thirdly, there is a lack of measures to stimulate and promote the nation’s good traditions and socialist legal culture. Factors related to the cultural environment, ethics, lifestyle, and cultural standards in behavior and work resolution have not been adequately promoted.

Fourthly, legal conditions to ensure law enforcement is in the spirit of “All beings are equal before the law” are often overlooked. Many issues concerning the relationship between Party leadership and the court of law have not been institutionalized, leading to confusion among some party committees and organizations in guiding the exercise of trial power.

Fifthly, there is a lack of deep awareness regarding the reform of the Party’s leadership method. The promulgation of directives and guidelines has not been linked with Party inspection and supervision. Activities related to power control over the exercise of judicial power remain formalistic, and the effectiveness of the court’s self-inspection and supervision remains low.

3. Solutions to improve conditions to ensure the Party’s leadership in the exercise of judicial power in Vietnam

Firstly, it is necessary to unify understanding among party committees, organizations, cadres, and members regarding the leadership of the Party in the exercise of judicial power in present-day Vietnam. It is also essential to strengthen theoretical research and practical review of the Party’s leadership in the exercise of judicial power. This involves renovating the Party’s methods of propaganda and dissemination of directives and policies. Additionally, the role of strategic advisory work in Central Party agencies, the Central Committee of Internal Affairs, and the Supreme People’s Court should be promoted to innovate the Party’s theoretical thinking. This includes promptly providing scientific arguments for formulating the Party’s guidelines and directives, as well as the State’s policies and laws, and increasingly align with reality.

To promote the scientific study of political theory as the basis for the Party’s leadership in the exercise of judicial power, there is a need for a deep understanding of Marxism - Leninism and Ho Chi Minh Thought. This requires a firm grasp of the quintessential values of Marxist - Leninist classic theses on the judiciary, judicial activities, and the leadership methods and conditions ensuring leadership.

Secondly, the promulgation and implementation of guidelines, directives, and leadership directions in the exercise of judicial power must undergo continuous innovation. Initiative and creativity from the people’s courts in giving advice and proposal to the leading agencies of the Party for the promulgation of guidelines and directives related to the exercise of judicial power should be promoted, contributing to the construction and improvement of the Socialist Rule-of-Law State of Vietnam. Enhancing the capacity for forecasting and strategic vision in setting out guidelines and directives is crucial. The content of the Party’s leadership in the exercise of judicial power should continue to be refined, with a clear delineation of the authority and responsibilities of each organization and individual in Party agencies, state bodies, and people’s courts. This involves strengthening control over the exercise of state power by cadres and party members.

The Party’s leadership in the exercise of judicial power must be innovative, ensuring independence, consistency, and compliance with procedural processes in investigation, prosecution, and trial activities. Particularly, there shall be an emphasis on rigor, transparency, fairness, and independence in the trial. This ensures that trials are conducted to charge the right person for the right crime, according to the right law, avoiding wrongful, erroneous judgments, and not letting criminals escape justice. Party committees must refrain from direct intervention in trial work and not decide on criminal charges or sentencing range.

It is also critical to continue improving the Party’s leadership in the resolution of key and complex cases and important issues arising in judicial activities. The Politburo shall continue to lead judicial reform by strengthening the Central Steering Committee for Judicial Reform. The leadership methods of the Politburo and the Party-designated representations of the Supreme People’s Court should be renovated concerning personnel work and inspection work. The inspection process shall be based on the organizations, cadres, and Party members, as well as the people. Professional inspection contents should ensure accuracy, avoid interference with the principle of judicial independence, and strictly comply with the provisions of the law. It is necessary to strengthen coordination between Party inspection work and self-inspection activities; develop a social supervision mechanism coordinated with Party inspection at the committee level in the process of exercising judicial power; continue to improve the Party inspection and supervision mechanism, focusing on preventing and combating the degradation of political bravery, ideology, ethics, and lifestyle; strictly discipline cadres and Party members of people’s courts and judicial agencies who show signs of degradation, “self-evolution,” and “self-transformation”.

Thirdly, it is essential to enhance the legal conditions that ensure the Party’s leadership in the exercise of judicial power. This involves institutionalizing the directives, guidelines, and leadership of the Party regarding the exercise of judicial power into the laws of the State; transforming general principles into clear, specific, and transparent laws and regulations; and implementing groundbreaking solutions to build and refine the law to ensure the Party’s leadership in the exercise of judicial power.

Fourthly, the socio-cultural conditions to ensure the Party’s leadership in the exercise of judicial power should be improved:

(i) It is essential to develop a harmonious and equitable cultural and social life on par with economic development, the improvement of spiritual life, upholding of cultural values, and ensure the sustainable development of the Party’s objectives, including the goal of building the judiciary. Promoting cultural values that contribute to stimulating creativity and improving the quality of leadership in the exercise of judicial power is also vital. Cultural development shall be prioritized to foster political optimism, initiative, and self-discipline among Party members. These measures ensure the Party’s leadership not only on a cultural basis but also in the exercise of judicial power based on respecting the independence of judges and people’s jurors in conducting trials. Simultaneously, they ensure the voluntary compliance of judges and people’s jurors with the Party’s leadership.

(ii) It is imperative to build Party culture, foster a culture of integrity, and strengthen Party construction and rectification. It is also crucial to continue to promote cultural traditions, national history, and Party history in the process of leading the exercise of judicial power. There is a need to infuse human civilization to enrich Vietnamese culture, particularly the public service culture, Party culture, and most importantly in the context of this article, the judicial culture. Party committees and organizations in agencies from the Central to local levels, especially those in judicial agencies, should develop precise plans and strictly implement them;

(iii) The work of learning and following Ho Chi Minh Thought, his ethics, and lifestyle shall be promoted;

(iv) It is critical to resolutely combat bureaucracy, corruption, the exploitation of assigned positions, and the abuse of power for personal gains, including falsifying case files and aiding the subjects of the trial, all of which erode the people’s trust in judicial agencies.

Fifthly, economic conditions ensuring the Party’s leadership in the exercise of judicial power should be enhanced. Sufficient financial resources shall be arranged for the theoretical research and practical review of the Party’s leadership in the exercise of judicial power. It is necessary to ensure specialized remuneration for cadres who give advice to the Party on judicial reform; attract and retain competent individuals for advisory roles in Party Committees, Courts, etc.; conduct comprehensive evaluations of local funding support policies for the Courts; renovate the mechanism of budget allocation and investment in facilities and working means for the People’s Courts, judges, and judicial officers in the People’s Courts, so that they are commensurate with task requirements.

Sixthly, it is essential to perfect human resource conditions and commit to “building and developing judicial talents as a category of developing legal talents”(3). It is necessary to clearly define the coordination mechanism between the institutions for training judicial officials (the Judicial Academy, Court Academy, Procuracy University, People’s Police Academy, and People’s Security Academy) to delineate training programs and output standards for each training institution, especially in the Joint Training Program for Judges, Prosecutors, and Lawyers; develop and improve the legal policy on national judicial human resources; implement projects to strengthen the quality control of bachelor legal training; focus on political theory education, providing Vietnamese and world historical knowledge associated with the formation and development of the Party’s viewpoints and the State’s laws in all areas of life; and strengthen integrity education for officials, learners, and students, contributing to the training of ethical jurists, lawyers, and judicial officers.

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Received: August 8, 2023; Revised: September 9, 2023; Approved for publication: September 14, 2023.

Endnotes:

(1) Resolution No. 27-NQ/TW, issued on November 9, 2022, by the 13th Central Executive Committee on “Continuing to build and perfect the Socialist Rule-of-law State of Vietnam in the new period”.

(2) Nguyen Hoa Binh: Innovating the Party’s leadership method in the Judicial Reform Strategy, Communist Review, www.tapchicongsan.org.vn.

(3) Vo Khanh Vinh: Regarding the national judicial manpower development strategy, People’s Court Online Magazine, https://www.tapchitoaan.vn.