Party nature in law-making and requirements for the National Assembly Party Committee in the new situation

Photo caption — Deputy Secretary of the National Assembly Party Committee Dang Xuan Phuong. Photo: Tuan Anh/VNA

On this occasion, Dr. Dang Xuan Phuong, Deputy Secretary of the National Assembly Party Committee, wrote an article with the theme: "Party character in law-making and requirements for the National Assembly Party Committee in the new situation". Vietnam News Agency respectfully introduces the article by Deputy Secretary of the National Assembly Party Committee Dang Xuan Phuong:

"Promoting the Party's spirit in law-making is a top priority task and solution to ensure the Party's leadership over the entire development process of the country in the new situation. At the National Conference to thoroughly grasp and implement Resolution No. 59-NQ/TW of the Politburo on international integration in the new situation; Resolution No. 70-NQ/TW of the Politburo on ensuring national energy security until 2030, with a vision to 2045; Resolution No. 71-NQ/TW of the Politburo on breakthroughs in education and training development; Resolution No. 72-NQ/TW of the Politburo on a number of breakthrough solutions to strengthen the protection, care and improvement of people's health, General Secretary To Lam requested the entire political system to thoroughly grasp and strictly implement a number of principles in the implementation process; including consistency in politics - law - data - resource allocation - communication. Promoting the Party's spirit In law-making, it is also to ensure consistency between the legal framework and the Party's policies and guidelines; not to let the law institutionalize the Party's policies and guidelines, which are understood differently in each place.

From the practical activities of the National Assembly Party Committee since its establishment, it is possible to identify the issues and contents in draft laws, ordinances, and resolutions (legal norms) under the authority of the National Assembly associated with the Party's connotation that the National Assembly Party Committee and advisory and support agencies need to focus on reviewing and giving opinions and assessments simultaneously and synchronously with the implementation of the examination process under the functions and tasks of the Nationalities Council and the National Assembly agencies, namely:

- Assess the conformity of the content of legal documents and the form of promulgated legal documents with the content of the basic principles, policies and guidelines of the Party expressed in the Party Charter, Platform and Resolutions, Regulations, Statutes, Conclusions and Instructions of the Party Committee, Party organization at a higher level or of one's own level;

- Assess the suitability of the scope of regulation (subject of regulation, content of regulation, space and time of application) of legal documents with the requirements of institutionalizing the Party's policies and guidelines;

- Assess the level of institutionalization requirements (clearly identify urgent, timely, experimental, breakthrough or fundamental, comprehensive issues) related to the Party's latest or long-term policies and guidelines based on the practical situation when building laws; consider the advantages and disadvantages compared to continuing to maintain current regulations to ensure the consistency and stability of the legal system (how the issuance or non-issuance of legal documents will affect the opportunities, risks and challenges for the implementation of the Party's policies and guidelines);

- Assess the close coordination between the Party Committee and Party organization (in the drafting process) of the drafting agency and the reviewing agency (whether the draft legal document has received comments from the Party Committee and Party organization or the collective leadership of the submitting and reviewing agency or unit; additional comments or reserved minority comments during the process of commenting on the review and verification of the legal document);

- Assess the completeness and accuracy of determining the political basis for the development and promulgation of legal documents;

- Assess the implementation of requirements on protecting the Party's ideological foundation, fighting against erroneous and hostile viewpoints in the content of legal documents being drafted;

- Assess the implementation of necessary separate measures (if any) by the drafting agency and the reviewing agency to ensure control of power in law-making;

- Assess the progress and timeliness of the promulgation of legal documents compared with the requirements (if any) set forth in the action programs and implementation plans of Party committee resolutions.

In order to ensure the Party's comprehensive leadership over the National Assembly Party Committee, directly the Party Committee and the Standing Committee of the National Assembly Party Committee, to meet the requirements of the new situation, emphasizing two key requirements: fully, correctly and promptly institutionalizing the Party's guidelines and policies in the new situation and ensuring the promotion of the requirements of controlling state power over the law-making activities of the National Assembly, the National Assembly Standing Committee, the Ethnic Council and the National Assembly Committees, it is necessary to focus on implementing the following solutions:

Firstly , it is necessary to have a correct understanding of the Party's leadership method when implementing the principle of "Party leadership, State management, people mastery" in response to the requirements of the new situation in the direction of avoiding the tendency to mechanically absolutize the clear separation between the Party's leadership and State management in the organization and operation of the State apparatus; ensuring both clear distinction and harmonious combination "in the right role, in the right way" between the roles and responsibilities of Party committees and organizations and the roles and responsibilities of agencies, organizations and competent persons in implementing management; avoiding falling into one of two states: either Party committees and organizations cover up and replace the role of State agencies, or they escape from Party nature, that is, they perform management functions not based on the leadership and direction of Party committees.

Second , along with strong innovation in the issuance of action programs, implementation plans and thorough implementation of the Party's policies and resolutions in the activities of the National Assembly, it is necessary to enhance the proactiveness and positivity of the Party Committee and the Standing Committee of the National Assembly Party Committee in advising and proposing to competent Party agencies on the National Assembly's legislative programs and tasks, ensuring parallel coordination in the Government's policy-making process. Not depending on the contents determined by the Government in the draft law and ordinance building program and the Government's legal resolutions, the National Assembly Party Committee needs to proactively lead and direct Party committees at the Nationality Council and the National Assembly Committees to organize research and assess in advance the requirements for ensuring the institutionalization of the Party's policies and guidelines as well as the suitability of legal initiatives of agencies, organizations and individuals compared to the requirements for institutionalization. In necessary cases, the Party Committee and competent authority shall be assigned to review, lead and direct the implementation of supervision and surveys to firmly grasp the issues of mechanisms and policies that need to be institutionalized, so as to avoid the situation of being "passive" or "forced" regarding the progress of reviewing the dossiers of draft laws, ordinances and draft resolutions submitted by the Government to the National Assembly and the National Assembly Standing Committee.

Third , continue to raise awareness, focus on leadership and direction of the implementation of political and ideological education work of the entire Party Committee to explore and innovate thinking in law-making as well as in supervising law implementation in accordance with the Party's guidelines and policies; creatively apply Marxist-Leninist methodology and Ho Chi Minh thought in law-making, ensuring that promulgated laws must promote high effectiveness and efficiency in law implementation practice, considering this as a measure to assess the capacity and leadership quality of Party committees, Party organizations and cadres and Party members in the Party Committee.

Fourth , continue to innovate and improve the quality of inspection, supervision and discipline work of the Party in the entire Party Committee of the National Assembly; strengthen the responsibility of the Standing Committee of the Party Committee and members of the Standing Committee of the Party Committee of the National Assembly for inspection and supervision work to control power, effectively prevent corruption and negativity in the guidance, inspection and supervision relationship of the Central Party Committees towards the Party Committee and the Standing Committee of the Party Committee of the National Assembly to promote the timely institutionalization of the Party's policies and guidelines.

Fifth , pay attention to building and strengthening the advisory and support agencies of the National Assembly Party Committee to be streamlined and capable of completing the tasks of guidance and examination to ensure the Party's character in the work of building, promulgating and promptly explaining the content of legal documents in accordance with the Party's policies and guidelines. The establishment of advisory and support agencies of the National Assembly Party Committee (currently including: Office, Organization Committee, Propaganda and Mass Mobilization Committee, Party Committee Inspection Committee) has placed higher requirements on the responsibility of ensuring the comprehensive and direct leadership of the National Assembly Party Committee in the activities of the National Assembly and its agencies. Regarding the work of law-making, the advisory and support agencies of the National Assembly Party Committee cannot stand outside the examination work to ensure the Party's character requirements for draft laws, ordinances, and draft resolutions of legal nature of the National Assembly and the National Assembly Standing Committee. Therefore, along with the requirement to clarify the content of party nature as mentioned above, it is necessary to promptly establish a mechanism for organizing and participating in the examination in the process of handling work of the Party Committee, "placed alongside" and having the nature of immediate supervision on the requirement to promote party nature in the process of the National Assembly's agencies implementing the process of drafting legal documents. Thus, this also requires comprehensively improving the capacity, professional qualifications and expertise of the team of specialized cadres doing Party building work in the National Assembly to be equal to the task.

Sixth , it is necessary to promote the role of the Standing Committee of the Party Committee and members of the Standing Committee of the National Assembly Party Committee to actively participate in discussions and orient the Party's viewpoints on law-making during National Assembly sessions.

With the birth of the National Assembly Party Committee model, under the direct and comprehensive leadership of the National Assembly Party Committee, in just a short period from February to September 2025, the 15th National Assembly has achieved unprecedented results in terms of volume and effectiveness of law-making in one term (and if compared throughout the nearly 80-year history of the National Assembly, the results of the National Assembly's law-making work since the establishment of the National Assembly Party Committee have shown that this is an extremely outstanding achievement). During the 9th session alone (from May to June 2025), the Party Committee of the National Assembly led the National Assembly to urgently complete and surpass all previously set milestones (not only exceeding the progress of amending the 2013 Constitution but also the number of 34 laws and 13 legal resolutions passed by the National Assembly, not to mention the National Assembly giving opinions on many draft laws and passing dozens of other resolutions).

In order to promote the Party spirit to meet the requirements of timely institutionalization of our Party's policies and guidelines in the new situation, the road ahead will still have many important tasks that the Party Committee of the National Assembly must focus on solving step by step. However, the main tasks and solutions in the Political Report of the 1st National Assembly Party Congress, term 2025 - 2030, including the "breakthrough" tasks and solutions on law-making, have shown the trust and determination of cadres and Party members in the Party Committee's skillful and wise leadership in successfully completing the goals of building a socialist rule-of-law State and the cause of national development in the era of prosperity, prosperity, civilization and happiness of the Vietnamese people.

Source: https://baotintuc.vn/thoi-su/tinh-dang-trong-xay-dung-phap-luat-va-yeu-cau-dat-ra-doi-voi-dang-bo-quoc-hoi-trong-tinh-hinh-moi-20250924104338840.htm