The National Assembly (NA) is the supreme State power. According to the Constitution, the National Assembly has the power to regulate the organisation and activity of the country's President, the Government, the People's Courts, the People's Office of Supervision and Control and the local administrations, and of the National Assembly itself when realising its constitutional power. The NA has the power to elect, release from duty and remove from office senior State officials and exercise supreme control over all activities of the State. These are the most important and supreme powers that the Government and the Supreme People's Court do not have. However, after the promulgation of the Constitution, the NA must strictly abide by its constitutional function and not interfere in or realise the supreme tasks exclusively assigned to the Government and the Supreme People's Court. Similarly, the NA and the Government must observe the Court’s judgment function and its most recent judgment. Meanwhile, the NA and the Court must respect the Government’s function of supreme State administration.

The Communist Party of Vietnam is a political force, which leads the State and the society, but not an agency of State power. The Party does not stand on the same level of State power with State agencies, but on a higher level of leading the State and the society. The Party does not replace State agencies to realise the State power. The Party leadership must be institutionalised and shown in the legal system through Party officials and members, and the mechanism of the political regime.

Article 4 in Vietnam’s 1992 Constitution says, “The Communist Party of Vietnam is the force leading the State and society” not a force realising the tasks instead of State agencies. The Party has the leading function, while the State has the guiding and governing function, which should not be confused. If Party organisations had replaced State agencies to carry out their tasks, what would happen? Then, the responsibilities and rights of State agencies would not be compatible. It is because the Party is the decision-maker but not legally responsible, while the head of the State agency is not the decision-maker but must be responsible before the law and the people. Finally, State agencies will become nominal, individual responsibility will not be promoted, their operation will not be efficient and effective, and the entire State apparatus will be disturbed depending on the level of Party’s direct guidance and intervention.

The disrespectful attitude and direct intervention of some local Party officials in activities of local State agencies and People’s Courts recently have provided us with profound negative lessons. If these incorrect practices had happened at the central level, State laws and rules would be disordered and lead to unpredictable consequences.

Analysing the realisation of their functions and co-ordination between State agencies under the Party leadership, we should hold fast to a specific historical standpoint. As we are carrying out the national renewal process, we should analyse and understand before denying out-dated conceptions which are no longer compatible with the objective laws and reality in Vietnam and hindering the development process. We must not hasten the renovation process. Our renovation is aimed at stabilisation and sustainable development according to Party guidelines for a rich people, strong country and a fair, democratic and civilised society.

However, we are often asked a common question: If a State agency had made a mistake, would a Party organisation or another State agency be authorised to realise the function of that agency to correct the mistake or would we just sit with folded arms?

In principle, as a living organism, any Party organisation or State agency may make a mistake. So, it is impossible to assign a Party organisation or another State agency with the task of realising the function of the agency, which made the mistake to correct it. In this case, any agency must realise its function as defined by the law and strict and timely penalty must be given to the wrongdoer.

Proceeding from that understanding, in the process of building State agencies, Vietnam as well as other countries in the world has paid particular attention to self-regulating mechanisms to solve internal problems and prevent possible mistakes. These mechanisms are specifically defined in the laws, and we can amend and supplement them to improve State agencies from within and not wait for guidance from an external agency.

For example, the self-regulating mechanism of the Courts and supervision of the people and relevant agencies include the solution and prevention of any possible mistakes the Courts may make while realising their judgment function.

The clear-cut division of work and responsibilities between State agencies and the self-regulating mechanism will help to prevent the abuse of State power and ensure the maximum settlement and prevention of possible mistakes each agency may make. If an agency had made a mistake, it would overcome from within. If necessary, officials of that agency should be removed, even heads of agencies of supreme State power. It is impossible to ask for external help.

State power is delegated to State agencies to prevent abuse. This is a great achievement of human civilisation to move from kingdoms ruled by a king to a people’s State. The Vietnamese people wrested back this power after the successful August 1945 Revolution led by the Party and President Ho Chi Minh.

In general, each Party and State agency must correctly, fully and truly realise its functions as defined by the law. They must co-ordinate with each other and respect their functions. This is the way they strictly abide by the law and Party principles.