📋 Tender Overview
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.
