Judicial Reform Strategy: Renovating the Party's leadership

Nguyen Hoa Binh
Assoc., Ph.D, Secretary of the Party Central Committee, Chief Justice of the People's Supreme Court

Wednesday, June 10, 2020 02:42

Communist Review - It is affirmed from the fact that judicial reform is seen as a persistent, continuous strategy associated with the process of unceasingly enhancing the material and spiritual life of the people. Therefore, accurate, specific, and professional planning of the Party's leadership and direction for this strategy is of great significance which ensures the success of judicial reform, and builds a civilized and progressive judiciary for people.

General Secretary, State President Nguyen Phu Trong, Head of Steering Committee on the Central Judicial Reform and the implementation of the court work in 2019 Photo: VNA

Building a civilized and progressive judiciary is not only crucial to continuously improve the Socialist rule-of-law State of Vietnam, but it is also a strategic task in the comprehensive renovation process of the country initiated and led by the Party. With an objective of building an ethical, healthy, strong, democratic, strict, fair and justice- protecting judiciary, as well as ensuring that the judiciary will be modernised on a step-by-step basis to serve the Socialist Fatherland of Vietnam and its people and that judicial activities, among which adjudication plays a key role, will be highly efficient and effective, judicial reform strategy has been carried out synchronously with renovating legislation, strengthening the rule-of-law state administration and building a team of integrity, professional and devoted cadres. So far, the strategy has gained many important achievements. It has not only solved many pressing issues in judicial activities; but inherited positive traditional legal values of Vietnam. Moreover, it has selectively absorbed many common values of modern judicial backgrounds, creating an important foundation and momentum for the development of the judiciary of the country in the long term, and got closer to the advanced judiciary in the world.

The Party's leadership over judicial activities and judicial reform is the key factor to those achievements. It is a prerequisite for the judiciary to develop in the right direction, to ensure political stability, to uphold the nature of the socialist rule-of-law State of the people, by the people and for the people. The Party’s leadership has experienced the continuous improvement toward perfection in three specific ways:

First, Judicial Reform is put under the Party’s planning and leadership.

This is the most important content and a decisive factor to ensure the leadership of the Party over the judicial reform in our country. The Party sets out the guidelines, strategies and orientations for judicial reform policy; at the same time, the Party specifies renovation objectives and directions for judicial agencies and organizations in both long- term and short-term period. These  Party’s guidelines have been institutionalized so that they are not just the orientations, but become  mandatory and legal provisions ​​for state agencies, including judicial agencies, to implement Party's resolutions effectively and to go into social life. Also, it can be seen as an indirect instrument for the Party to exercise leadership on judicial reform.

The Party's policy on judicial reform is clearly stated in many resolutions and directives of the Central Executive Committee, the Politburo and the Secretariat starting from the VII Congress of the Party until the present, especially in the Resolution No. 08-NQ/TW, January2nd, 2002, of the Politburo, on "Some key tasks of the judicial work in the upcoming time" and is more fully developed in Resolution No. 49-NQ / TW, June 2nd, 2005, of the Politburo, on "Strategy for judicial reform to 2020". The judicial reform strategy has indicated eight tasks: 1.Perfecting criminal and civil policies and judicial procedures; 2. Clearly defining the functions, tasks, and competence, and perfecting the organization and apparatus of the judicial bodies; 3.Improving judicial aid institutions; 4. Building a clean and strong judiciary and judicial supporting staff; 5. Perfecting the mechanism of supervision by popular-elected bodies and promoting the people's mastery over the judicial bodies; 6. Strengthening international cooperation in the judicial domain; 7. Ensuring adequate facilities for judicial activities; 8. Perfecting the Party's leadership over judicial activities. At the same time, this strategy sets out many specific measures requiring the National Assembly's Party Committee, the Government’s Party Personnel Committee and the Party Affairs Committee of the judicial bodies to organize and direct the implementation. Until now, many of the Party's guidelines on judicial reform have been constitutionalized and institutionalized into legal provisions.

Second, the Party arranges Party cadres to be the core of the judicial bodies, and is in charge of the construction of the judicial cadre contingent.

Building the contingent of judicial staff is a long-term strategy and sustainable development. The quality of the judiciary is ultimately decided by the judicial staffs. Every mistake in the implementation of duties made by judicial staffs affects the political life and interests of the people. Therefore, it is very urgent that Party's priority in judicial reform should be given to build a contingent of clean, honesty, and steadfast judicial cadres who are excellent in the political and legal field. Many activities are conducted regularly, cautiously, scientifically, and effectively by the Party to improve the quality of cades. These activities includes nurturing, training, fostering, evaluating, deploying, arranging and challenging cadres through cadre planning and rotation; sending cadres to participate in practical work; to ensure that cadres have sufficient virtues, ethics and capacity to hold key positions in the judiciary. Accordingly, the Party selects and introduces elite members, who are qualified, competent, brave and prestigious to be appointed to key positions in the judicial agencies such as the Secretary of the Party Central Committee acting as Chief Justice of the People's Supreme Court, a member of the Central Party Committee as the Chairman of the People's Supreme Procuracy. The Party also assigns its members to be chief justices of the court and the head of the procuracy of the same level. The Party directs the process of selecting cadres through the evaluation of the Party’s members. Cardes and the party’s members, especially those assigned to the judicial bodies, have to be accountable to the Party for performing tasks and ensuring that the Party's lines and undertakings on judicial activities and judicial reforms are effectively implemented at the units under their control. The Party does not directly determine the specific work of the judicial bodies, but guiding the judicial activities through the leadership and direction of the heads of these agencies, strengthening the personal responsibility of the leaders, regularly receiving the report from the party committee of the judicial bodies, and giving directions.

3. The organization and operation of judicial complementary institutions is increasingly improved and developed in both quantity and quality, aiming to protect citizens in a professional manner. The policy of socialization of some judicial complementary activities has been strongly implemented, bringing benefits to the people; at the same time, supporting judicial agencies to perform their tasks and powers in an objective and accurate way.

4. The contingent of judicial titles has been perfected in both quantity and quality. The cadre work has been improved through the new ways of recruitment, appointment and evaluation of judicial officers, for example switching from the admission system to the  examination mode in recruitment and appointment of judicial titles; changing the rank system of judicial titles from the administrative level (district, provincial and central levels) to the professional rank (primary, intermediate, advanced and supreme); standardizing judicial titles; extending the time in power for leaders; issuing the "Code of Ethics and Conduct of Judges" and "Code of Conduct of Procurators when exercising prosecution rights, controlling judicial activities at court sessions serving  as a base for relevant  agencies to assess and supervise the contingent of judges and prosecutors.

5. Improving the facilities and conditions to ensure the gradually professional operation of the judicial agencies, making contribution to creating favorable conditions for these agencies to better perform their functions and tasks. Concentrating on building working offices for many units, judicial agencies, detention facility locators and evidence warehouses; strengthening professional equipment; applying information technology to specialized fields; improving law training institutions and giving judicial titles.

6. Supervising elected bodies and socio-political organizations on judicial activities is more substantive and gradually effective. That National Assembly Deputies and People's Councils question on heads of judicial agencies are intrinsic and straightforward, allowing to enhancing the openness and transparency of judicial activities. Periodically holding the vote of confidence of the National Assembly for the Chief Justice of the Supreme People's Court, the Head of the Supreme People's Procuracy and the Minister of Public Security. The social supervision and criticism of social organizations, direct supervision of the people and the participation in social criticism of the press and media agencies have been created with favorable conditions including publicizing judicial processes and procedures; publicizing effective judgments and decisions of courts; arranging private areas for the press at large court hearings, helping improve the people's knowledge and ability to access justice.

7. Strengthening international cooperation in judicial activities. Participating in several international and regional judicial institutions, such as Interpol, the Association of International Prosecutors, the world and region-level Chief Justice Council, etc. Signing a number of multilateral and bilateral judicial agreements and promoting the exchange of experience and information in law-making, investigation, prosecution and adjudication work, staff training and resource assistance. The prestige and status of Vietnam’s judicial agencies in the international arena has been increasingly enhanced.

8. Strengthening the Party's leadership over the judiciary work. Promulgating many documents to concretize the Party's leadership mechanism with further focus on: planning and leading the implementation of policies, guidelines and solutions for judicial reform; leading the planning, training, arrangement and employment of officials in judicial agencies, especially the appointment of comrades in the party commission who meet professional standards, prestige and bravery as court judges, procuracies and heads of procuracies; consolidating the Party's advisory agencies on internal affairs; strengthening the Party's leadership in key cases, which are of social interest; strengthening education, management, inspection and handling of officials and party members violating the code that governs members’ behaviours.

Apart from the above-mentioned achievements, the implementation of a number of judicial reform tasks in the spirit of the Politburo's Resolution No. 49-NQ / TW is still limited, failing to follow the scheduled roadmap.  Many important tasks of the Judicial Reform Strategy have not been carried out, such as: 1- The institution is gradually perfected, but numerous provisions in the judicial laws still have problems and legal infrastructure remains inadequate, such as the huge range of punishment  in the Criminal Code; the court has received too many applications for cassation, making it almost the third trial;  a legal mechanism to promote the settlement of civil and administrative disputes by means of conciliation and dialogue has not been established yet; legal infrastructure for judicial expertise is still inadequate, among others; 2. The organizational structure of the court still has unreasonable points which are incompatible with the practice of the trial, such as the requirement that  the court must be organized according to its jurisdiction rather than the administrative units, and so on; 3- Training of high quality human resources remains inadequate, so the capacity of judicial officers to hear international cases and disputes has not met the requirements; 4. The material facilities of the judicial agencies have been concerned, but have not yet fully met the actual needs , which are reflected in the hired office of district-level courts. The application of information technology in management and operation of judicial agencies is not as frequent as other State ones.

All combined, these limitations make up a  judicial system, of which flawed aspects are reflected as follows: 1- it has not matched the average judicial system in the world; 2- adequate and favourable access to judiciary among residents has not been fully created; 3- the level of trust in judicial system has fallen short of expectation; 4-  Socialization of some judicial activities and judicial assistance is still slow, there is no effective mechanism to raise the people's intellectual level about the law, so the ability to supervise the judicial activities and the ability to predict judicial judgments , people's ability to make judicial decisions is very limited; 5- There are still many shortcomings in the execution of the death penalty, in judicial expertise; Anti-corruption institutions in general are not effective; 6- There are still gaps in regimes, policies and conditions to ensure the performance of the duties of judicial officers; There exists a contradiction between the growing pressure of work and the need for the payroll to be streamlined.

Extensive, fundamental and lasting judicial reforms are indispensable requirements of the highly volatile practices given the following reasons: 1- Violations and crimes are on the rise, with more complicated, serious, and more sophisticated nature; 2- Science - technology development has transformed the world, leading to the change of disputes, violations and crimes; There are a series of types of non-traditional disputes, non-traditional violations and non-traditional crimes; 3- People's intellectual standard is getting better, so their  demand for justice is getting higher and higher; 4- The growing economy has brought about unprecedented lawsuits, requiring the timely catch up of the judiciary to resolve; 5- Legal science has come a long way, so justice is not confined to traditional legal principles, such as independent adjudication, litigation, etc., but there are many other issues that need to be studied and applied; 6- According to international commitments, by 2025, Vietnam is supposed to complete the construction of an electronic court within the framework of the ASEAN Chief Justice Community. However, up to now, we have just taken the very first steps, such as publicizing the verdict; piloting the receipt of lawsuit petitions, service and notification of court proceedings by electronic means; grant excerpts of court judgments and decisions online, among others. Therefore, it is necessary to invest more in resources to build e-courts and be more drastic in implementation to increase transparency and improve the capacity of the court, to serve the people in the best way; 7 – Global development has resulted in the flat world; disputes, violations, and cross-border crimes; multi-national marriage. All of these issues are beyond a nation’s boundary. Therefore, we must constantly innovate and integrate internationally.

It can be said that the profound changes in the political, economic and cultural situation, coupled with the challenges under the circumstance of developing a socialist-oriented market economy and international integration, among others always give birth to new requirements for the judiciary, which is not confined to Vietnam. Justice reform always demands the strengthening and renewing the Party's leadership. Accordingly, the Party's leadership should focus on the following contents:

First, the Party plans and organizes the implementation of the Judicial Reform Strategy for the period of 2021 - 2030 and subsequent years.

The Party leads the judicial reform cause by development-oriented way, guidelines for the sake of the whole society. Such guidelines must have their root in reality and deal with practical requirements; be suitable to the specific conditions of the country and the era; meet the people's aspirations and interests and be feasible. The judicial reform strategy for the period 2020-2035, with a vision to 2050, must aim at the following objectives: Building a democratic, strict and fair judicial system; modernizing step by step, absorbing the progressive principles of the world justice; serving the people and serving the Socialist Republic of Vietnam. Judicial activities must be implemented toward the respect for and protection of human and civil rights; effective fight against all types of crime and violations.

To this end, it is necessary to fulfill the following tasks: 1- Continue to implement the remaining contents of the Politburo's Resolution No. 49-NQ / TW  (reduce the distance of the penalty frame; eliminate the cassation procedure as the third trial level; promote conciliation and dialogue in resolving civil disputes and administrative lawsuits; securing facilities for judicial agencies; establishing regional first-instance courts, organizing courts under their jurisdiction instead  of administrative units , etc.). 2- Focus on filling existing gaps in the Vietnamese judiciary, such as those in the field of judicial expertise, in judicial administrative procedures, in the execution of the death penalty, in the institution of anti-corruption and degrees, policies and payrolls of the judiciary, etc; 3- Expeditiously investigating new issues of legal science, judicial theory associated with the organizational structure and operation mechanism of judicial agencies; rules of trial; disputes, violations and new crimes, etc, to improve the judicial law, meet the requirements of solving new practical problems and new challenges posed in the development of science and technology, extensive international economic integration, in which a variety of unprecedented criminals and disputes have come into existence; 4- With the role of United Nation’s member, implementing international commitments such as international treaties on the prevention and fight against crimes and human rights; 5- Selectively acquiring advanced scientific achievements which are being widely applied in the world (on the organization of the judiciary apparatus, criminal policies, judicial mechanisms and solutions, measures to improve the quality of judicial activity, etc); 6- Improving the effectiveness of the prevention and fight against corruption (improve the institution; renew the anti-corruption investigation agency; organize the state apparatus in the direction of establishing power to oversee public power; promulgate and implement gift rules, etc); 7- Building a national database of judgments and open a wide range of utilities to improve judicial decisions and judicial judgments for people participating in judicial activities. Completing the legal background and information technology infrastructure to build e-courts (building a judicial administration and paperless court management; transferring, presenting, inspecting and storing evidence, network trials; connecting and promoting the effect of the national citizen management program to manage the accused and defendants, etc).

Secondly, to renew and strengthen leadership in the organization of officials of the judicial agencies.

The Party's consistent policy is to found and nurture a comprehensive judiciary contingent in terms of political quality, professional qualifications and practical capacity; attaching importance to both "virtue" and "talent", of which "virtue" is the root; The quality of personnel must be based on uniform standards of quality and competence. Promote discipline, discipline, obligations and responsibilities of judicial officers; ensure impartiality, objectivity, fairness and prevent all manipulations of economic and emotional relations in settling affairs. Accordingly, the Party continues to focus on leading and directing political and ideological education for judicial officers; make each cadre more clearly aware of their political responsibilities toward the Party and the people to strive, preserve and train their moral qualities. Promote training and nurturing to improve professional qualifications; strengthening the management, education and training of judicial officers. Focusing on strengthening the leadership team of judicial agencies at all levels with full capacity, quality, prestige and management experience. Making good rotation of cadres and challenges in practice for cadres in the position planning of leaders. Strengthen inspection, timely detect weaknesses to overcome; resolutely handle officials who violate qualities, ethics and lifestyles in order to build a clean and strong judicial apparatus. There is a reasonable remuneration policy to ensure the judicial staff is assured.

Renewing the Party's leadership over the organization of officials of the judiciary according to the following contents:

Firstly, renovating the organization of judicial agencies.

Arranging the organizational structure of the judiciary streamlined, scientific, effective and efficient. Strengthening the socialization of some of judicial activities, forming judicial activities of the people to promote the capacity, social resources and expand the facilities for people when involved in judicial activities.

Second, innovating the leadership over the training and nurturing of judicial officers.

Developing a strategy of training and fostering  judicial officers in each period; associating training and nurturing activities with cadre work, especially planning, appointing cadres for the long-run use on which the following tasks are focused: 1. Ensuring that judicial officers are fully trained in both political theory, professional skills and other supplementary knowledge, including foreign language and informatics skills; applicability; 2. Standardizing the content and training program in line with the unified orientation of judicial reform, building a law-governed state and international integration, suitable to each field of judicial activity; 3. Enhancing the development of professional skills, professional knowledge and vocational supplementary knowledge to meet the requirements and development trends of the judicial system in the context of international integration and science development, ect; 4. Combining domestic training with international training, combining training at the training institution with practical self-training; 5.  Formulating training programs and methods suitable to each judicial title, between basic and vocational training, between initial training and nurturing; enhance self-training through professional practice; 6.  Promoting periodic training and consider this to be a compulsory condition for the appointment and reappointment of judicial posts and titles; 7. Building a contingent of lecturers who meet the requirements of training and nurturing judicial officers according to the requirements of judicial reform.

Third, intensifying innovation in comment, evaluation, employment and appointment of judicial officers.

The Party leads the establishment of a mechanism to evaluate, select, promote and appoint judicial officers as a basis for cadres, party members and people to introduce, supervise and inspect the activities of judicial officers; Party committees consider, recommend stating agencies or giving opinions for agencies to elect, appoint, deploy, transfer or dismiss according to the provisions of law. Accordingly, establishing specific criteria of judicial officer officials associated with the criteria of party members, because exemplary party members lay the foundation for a good and reliable judicial contingent. On that basis, the evaluation of judicial officers must meet the following requirements: 1. Evaluation criteria must be based on capacity; mission performance results; qualities, ethics, lifestyles and must be specifically quantified; 2. The evaluation criteria must be based on the system of title criteria. For example, for leaders and managers, in addition to the above criteria, they must also serve as an example of solidarity in the unit,  gathering the collective strength, ect; 3. The evaluation of task performance must be based on the specific determination of the completed work volume, quality and schedule; creative solutions in solving tasks; impact of work efficiency on the unit's performance; the higher the position, the greater the scale of this impact; 4. The assessment must be conducted on a periodical and regular basis; be considered in a process; be done publicly, democratically and objectively and comprehensively; 5- Closely combining the evaluation of the efficiency of work at the workplace and the performance of citizens' residence obligations; in combination with the assessment of the party committees, party organizations, heads of agencies, units, mass organizations, the masses; 6. There is a form of publicizing the results of the work as well as the results of the comments and assessments for the judicial officers so that the person being assessed will continue to strive and train; correct  possible mistakes ; for cadres, party members and units to continue monitoring and participating in the next evaluation process.

In addition, continuing to innovate the method of selecting civil servants, leading and managerial officials in order to detect, attract and respect those who are virtuous, talented, and promote their qualities, qualifications and capacities, experience to contribute strength and wisdom to the sustainable development of the country. Conducting the review of the pilot exam for leadership positions at the department, sub-department and division level with a vision to carrying out, uniformly applying the recruitment examination in the judicial agencies on the principle of competition, equality, democracy, openness and objectivity to select people with sufficient virtue and ability to assume key positions in the judiciary.

Fourth, innovation in party organization in the judiciary.

Establishing the Party Committee of the Supreme People's Court (including party organizations of the Supreme People's Court and high-level People's Courts), Party Committee of the Supreme People's Procuracy (including party organizations of the Institute the Supreme People's Procuracy and the senior people's procuracies) are under the management of the Secretariat. Establishing  party committee of provincial People's Court (including party organization of provincial people's court and party organization of district-level people's courts under its management), party committee of provincial people's procuracy (including party organization of provincial people's procuracies and party organization of district-level people's procuracies under its management); under the direct leadership of Standing Committee of provincial level.

The reform of the party organizations of judicial agencies has ensured the Party's professional leadership in judicial activities, overcome the ambiguous situation and the unclear orientation, but still respected the principle of judicial independence.

Fifth, it is necessary to reform the arrangement of cadres to join the party committee.

The reality in carrying out the tasks of the Judicial Reform Strategy in recent years shows that the participation of the heads of judicial agencies at the local party committee is an important condition for a good leadership to conduct judicial activities. In the meantime, it also allows the judicial agencies to have favorable conditions to complete the assigned tasks. In order to strengthen the Party's leadership in judicial work and to strengthen the role of the court as a basic institution in performing the power of the State, it is necessary to be more fully and properly aware of the role of the court in the political system and in social life, from which people's court judges are arranged to officially join the local Standing department of the Party Committee.

Third, the leadership in inspecting and supervising judicial activities should be strengthened.

The Party leads the inspection and supervision for judicial activities to prevent the abuse of power in the organization and the operation of judicial agencies, the violation of the interests of the State and the legitimate rights and interests of citizens in order to follow the Constitution and laws. In the current period, renovating and strengthening the Party's leadership in the field of judicial examination and supervision contribute to the prevention and resistance to the corruption, establish the order, discipline and improve the effectiveness of the state apparatus.

Orientations for strengthening the leadership in the inspection and supervision for judicial activities include:

First, leading the inspection and supervision work through the party organization.

The Party's inspection and supervision for judicial agencies' activities cover the following contents:

1- Establishing regulations, working processes and leading relationships of the party committees, party organizations and unit heads. Specifying the relationship between the party organization with the government and mass organizations in the work of inspection and supervision; avoiding overlapping and annoying individuals and organizations inspected;

2-Putting the contents of the examination and supervision of judicial activities with the Party organizations and party members of the judicial agencies into the annual inspection and supervision program of the Party's committees so that this activity can be carried out periodically, regularly, systematically;

3- Fully and specially inspecting the implementation of the Party's resolutions and each aspect of the work;

4-Directly examining and immediately evaluating or indirectly examining through reports, recommendations and reflection on the mass media;

5- Examining and supervise the responsibilities of the head of the party organization and the leadership of the judicial agencies in leading and directing the implementation of the Party's resolutions and policies, the State's policies and laws;

6- Evaluating the leadership of the party organization, the attitude and responsibility of its officials and party members in performing their tasks on the basis of overcoming the limitations and weaknesses indicated after inspection and supervision.

It is essential to strictly implement Regulation No. 179-QD / TW, dated 25-2-2019, of the Politburo, on the regime of examination and supervision of cadre work and strengthen the mechanism of "self-control" through party activities, such as criticism, self-criticism and party discipline; inspection, supervision, questioning and explanation activities of party organizations. Party organizations are responsible for assessing, promptly rectifying and eliminating cadres who are unqualified and immoral, negatively criticized and corrupted to ensure that the judicial officers are truly honest and clean.

Second, leading the inspection and supervision work among the judicial agencies.

Inspection and supervision activities between judicial agencies are carried out through legal proceedings with mutual restraint relationships on the principle of assignment, coordination and power control among judicial agencies and proceeding stages. The Party leads the judicial agencies to examine and supervise each other by renovating and perfecting the structure, organization and operation to ensure that these agencies correctly and fully exercise their legal powers to build an objective mechanism to prevent the abuse of power which results in violations of the Constitution and laws, infringement of legal and appropriate rights and interests of citizens.

In order to make the inspection and supervision between judicial agencies effective, the Party should focus on leading the following contents:

1. Perfecting legal system of the judicial procedure to create a legal basis for the internal power control as well as the external control of each judicial system on the principle: the proceedings of the previous stage are the premise for the proceedings of the later period; proceeding activities of the later stage inspect and evaluate the proceeding activities of the previous period;

2. Formulating an effective control mechanism for officials and employees when performing their tasks to ensure that  the situation of taking advantage of the "loopholes" of the law, taking advantage of their positions and powers to harass, causing trouble, serving personal motives and self-seeking interests in performing official duties are prevented. Superior agencies must effectively control the exercise of the power by their subordinate agencies; the heads of the judicial agencies must intensify the control over the exercise of the state power by employees, promptly detect and strictly handle violations;

3. Ensuring all conditions for the court to exercise the judicial right; control the exercise of power by the judicial authorities with the mechanism of litigation, public and clear multi-level adjudication;

4. Strengthening training, nurturing and improving political prowess, ethical qualities, legal knowledge, professional skills for investigators, prosecutors and judges to carry out professional tasks as well as to perform the task of checking and supervising judicial activities.

Third, leading the inspection and supervision work of the elected agencies and the people.

The right of the people to supervise the state apparatus in general and the judicial agencies in particular holds an important position in the mechanism to ensure that all state power belongs to the people. The Party leads and people inspect and supervise judicial activities with representative institutions (through elected bodies, mass organizations) and directly. The Party should consider leading the following contents:

1. Innovating and improving the quality of interrogation activities for heads of judicial agencies at National Assembly meetings, National Assembly Standing Committee and People's Councils at all levels;

2. Increasing the number of National Assembly deputies and People's Council deputies who have qualifications and knowledge of the justice so as to ensure that the supervising subjects have the expertise in the supervision and examination of judicial activities;

3. Promulgating a mechanism to assess the results of the interpellations and the responsibilities of the interpolated persons to serve as a basis for supervising the fulfillment of the promises and  the vote of confidence to the heads of the judicial agencies;

4. Enhancing the coordination between the Vietnam Fatherland Front and agencies with the functions of supervision, inspection and examination to exercise the right of supervising judicial activities;

5. Improving the quality of supervisory activities of professional organizations (such as Vietnam Lawyers Association, Bar Association, etc.) in the field of justice;

6. Building a healthy and honest communication environment in order to effectively carry out the social supervision and criticism of judicial activities;

7. Perfecting the legal mechanism to create favorable conditions for people to supervise judicial activities through ensuring eight basic judicial rights: the right to know, the right to present, the right to defend and self-defend, right to litigate, right to present evidences, the right to propose, the right to appeal and the right to complain and denunciate when citizens approach the judicial agencies;

8. Enhancing the prevention and fight against corruption; study and develop a Law on Social Monitoring and Criticism to create a mechanism to control the state power, including the activities of judicial agencies, the Vietnam Fatherland Front, mass organizations, press agencies, media and citizen individuals./.


(1) Ho Chi Minh: Complete episode, National Politics Publisher, Hanoi, 2002, E. 5, p. 520
Source: Communist Review No. 929 (11-2019)