'Poor quality laws are fertile ground for corruption'

According to Dr. Nguyen Sy Dung, low-quality laws will make life extremely difficult and also create fertile ground for corruption.

In his inaugural address to the National Assembly, Prime Minister Nguyen Xuan Phuc repeatedly emphasized the principle of the rule of law. Quoting King Le Thanh Tong, who laid the foundation for the formation of Vietnam's legal system, with his statement: "Law is the general rule of the State; we and you must all abide by it," and quoting the words of leader Nguyen Ai Quoc written in 1919: "Seven requests for the promulgation of the Constitution / A hundred articles must have the divine power of law," the Prime Minister affirmed and committed: "This principle remains a correct message for us today. The government manages society through law, and at the same time, the government must strictly abide by the law. We must uphold the spirit of the rule of law, strengthen discipline and order;… When violations occur, regardless of the level, responsibility must be clarified and strict penalties imposed."

In his inaugural speech, the head of the judicial branch, Chief Justice of the Supreme People's Court Nguyen Hoa Binh, also pledged to work with the leadership team of the Supreme People's Court to build a clean and honest judicial system, with a team of judges who are skilled in their profession, knowledgeable in law, impartial, and courageous in delivering judgments that uphold the rule of law, are strict, and fair.

The slogan "Live and work in accordance with the Constitution and the law" is all too familiar to the people. However, what conditions do we need to ensure that the spirit of the rule of law is not just a slogan? VOV reporter interviewed Dr. Nguyen Si Dung, former Deputy Head of the National Assembly Office, on this issue.

Dr. Nguyen Sy Dung (far right in the photo) in the VOV studio.

PV:According to him, how should "the rule of law" be understood?

Dr. Nguyen Sy Dung:The rule of law means that nothing can touch the law, citizens must abide by the law, officials and the state must abide by the law, and no one can stand above the law.

PV:Some argue that the rule of law means everyone in society must abide by it, and that using the law is the primary criterion for resolving social issues and daily life problems. In your opinion, is this view correct from both a theoretical and practical perspective?

Dr. Nguyen Sy Dung:I think our people understand it relatively accurately. The first thing everyone understands is that they must abide by the law. A deeper understanding is that not only citizens but also the State and officials must abide by the law. This emphasis is very important because, in reality, citizens have no power, while officials have great power. Therefore, the people emphasize that officials must also abide by the law; that is more important and harder to impose.

What excites me most is the idea that laws must be good, or in other words, perfect. Laws that compel citizens to comply must approach justice. However, if a law grants some people rights that others do not, creating injustice, then such a law will be difficult for citizens to comply with in the long run because it does not guarantee justice.

Regarding the function of law, let me add a point: we often say that law regulates behavior and ensures order, which is very true. However, the most important function of law in a civilized society under the rule of law is that it provides norms to ensure harmonious and prosperous coexistence. That is, the ability of different social strata to coexist harmoniously within a defined framework, without conflict, and to create conditions for development—that is the most important function of law.

Legislative activity where we sit around creating endless laws is subjective. If we focus on addressing real-life issues and finding norms to regulate behavior, that's a practical way to make laws, and it won't generate an endless forest of laws that people will have to abide by indefinitely.

PV:Given the cases where people take matters into their own hands, without resorting to legal means, could this be a sign of problems within the legal system, sir?

Dr. Nguyen Sy Dung:There are a number of problems that could stem from a lack of guaranteed justice. Secondly, there's the issue of enforcing the law. People see the authorities fail to report something once, then twice, and even a third time, leading them to take action to restore order. This constitutes an abuse of power and demonstrates the ineffectiveness of the government in enforcing compliance, forcing citizens to take matters into their own hands.

The third reason is the problem with people's respect for the law. People taking matters into their own hands violates the most basic principles of law: only those with the right to act should be allowed to do so. If people do whatever they want without the right, it leads to chaos. If people act in this way, they will face a situation of lawlessness and disorder.

The main issue is addressing all three causes: firstly, the legal system must ensure justice; secondly, the government's ability to enforce the law must be effective; and thirdly, the public's awareness and understanding of the law must be improved.

PVThe Constitution affirms that everyone is equal before the law. However, a series of recent incidents, such as the failure to prosecute Vinaconex leaders for causing losses exceeding 13,400 billion VND, the case of two underage defendants who, driven by hunger, stole a loaf of bread worth 45,000 VND and received prison sentences, and several cases showing signs of wrongful convictions… demonstrate that the supremacy of law, while seemingly a principle, is not always as it seems, as it depends too much on the will of those who enforce and apply the law. These incidents make it difficult for the public to believe that everyone is equal before the law. What are your comments on this?

Dr. Nguyen Sy Dung:If the law is applied differently like that, it's hard for people to believe it. For example, if someone has committed a crime but is exempted from prosecution, it's clear that the law is being applied in an unacceptable way. If a crime has been committed, criminal responsibility must be applied. For example, if two boys stole bread worth 45,000 VND, while you committed a criminal offense causing tens of billions of VND in damages, yet you are exempted, that's completely unacceptable and shows a lack of equality before the law.

Another issue here is that sentencing those two boys to prison doesn't achieve justice because, for such a crime, such a harsh punishment is inconsistent with reason and conscience.

I once read in the newspaper that a foreign judge declared that stealing bread because of hunger is not a crime. Obviously, it could constitute a crime, but the judge's statement might have been closer to justice.

If we apply the law but don't think about justice, how can the people support us?

The failure to prosecute Vinaconex leaders violates legal principles because first-time offenses or good personal backgrounds are only mitigating factors, not grounds for exemption from criminal prosecution.

Clearly, when the law is distorted, it is very difficult for people to have faith in the legal system. If the law is applied in this way, the public's dissatisfaction will be immense. For the law to be respected and valued, it must be applied fairly.

PV:We have Law Day, and we have a vast legal system, but the supremacy of law seems to remain just a slogan. In your opinion, how can the supremacy of law truly become an inner belief, a culture, and a habitual way of behaving in the daily lives of all Vietnamese people?

Dr. Nguyen Sy Dung:First and foremost, the process of lawmaking must strive to ensure that the law embodies justice. Laws should be humane, guarantee justice, and promote harmony among people in society. Having many laws is not necessarily good, because low-quality laws can make life extremely difficult and also provide fertile ground for corruption.

Secondly, enforcing compliance with the law ensures legal compliance is a sound principle. Thirdly, the law must be enforced fairly. Fourthly, people must be educated about the importance of obeying the law, so that they understand that their compliance is primarily for their own benefit, for the sake of order, and for the betterment of society.

According to VOV