Improving the Legal System in Accordance With the Requirements for Building a Socialist Rule-Of-Law State in Vietnam

Abstract

Objective: This study aims to contribute further discussions on solutions to enhance the quality of the legal system in the context of Vietnam advancing to stage 2 (stage 1 being the quantitative aspect) of the process of perfecting its legal system.   Theoretical Framework: This research adopts the ROCCIPI  model theory to identify several solutions for improving the Vietnamese legal system within the context of the requirements for building a rule-of-law state in Vietnam, as embodied in Resolution No. 27.   Research Methods: This paper employs methods such as the analysis of written laws, document analysis, and comparative analysis.   Results and Conclusion: The research results indicate that after prolonged efforts to build a legal system almost from scratch, Vietnam now has a legal framework and procedural system that covers most social relations, gradually replacing arbitrary measures previously imposed by public entities. However, the Vietnamese legal documents system exhibits numerous inadequacies and lacks stability. One of the causes is the involvement of multiple intermediaries in the law-making process, leading to a multi-layered legal system with various procedures (often referred to as "sub-licenses") that interfere with the effectiveness of regulations. Despite modernization efforts, Vietnam's legislative techniques have not significantly improved the quality of legal documents. Therefore, this study proposes solutions focusing on addressing these issues based on the ROCCIPI model approach, which the author believes is suitable for Vietnam's political and legislative realities.   Research Implications: This study is set against the backdrop of the Communist Party's continued emphasis on legal formalization, reflecting a consistent policy direction towards building a state that upholds the rule of law. The author agrees that building and perfecting the legal system in any country must begin with an awareness of the law's position and role in social life, from the perspective of the entity controlling and regulating society. Therefore, this research, premised on the consistent guiding capacity of the Communist Party and the State of Vietnam in the legislative process, will discuss ways to progressively perfect the legislative process with strong leadership and constructive roles from these two entities.   Originality/Value: Since the promulgation of the Law on Promulgation of Legal Documents in 2008 , issues regarding efficiency, rationality, inflation, and overlap of legal documents have not been resolved. Numerous studies have identified causes, consequences, and proposed legislative solutions to optimize the legislative process and establish a legal life for the documents. The contribution of this study, beginning with a hypothesis about the strong regulatory role of political and social management entities, with an awareness of the law's role in this process, will provide solutions focusing on three aspects of the legislative process: reducing intermediary layers between rules and social life; continuing to emphasize the stability of rules with the central regulatory role of the state; and finally, the techniques of drafting documents, which can be frequently adjusted to meet the two aforementioned objectives.