Regarding the relationship between the ruling party and the rule of law.

(Baonghean) - In the Conclusion of the 7th Conference of the Central Committee of the Party (11th term) on "Some issues on continuing to innovate and improve the political system from the central to the grassroots level," the viewpoint stated: "Improving the organizational structure of the political system under the conditions of a single-party rule, building a socialist rule of law state, a socialist-oriented market economy, and international integration is an extremely important and complex task. We must do it while simultaneously learning from experience to adjust, supplement, and perfect it."

From that perspective, a crucial issue to consider is the relationship between the ruling party and the rule of law. The fundamental issue for the ruling party is controlling the state apparatus, while the basic principle of the rule of law is governing society according to law. There is a unified relationship between the ruling party and the rule of law within the same legal system. The party does not replace the state but rather directs, inspects, and supervises to ensure the state implements the law correctly. Within each agency, unit, and locality, the Party committee does not replace the government but, through direction, inspection, and supervision, ensures that the government strictly implements the law. This is the principle of leadership of the ruling party over the rule of law.

The conclusion of the 7th Central Committee Conference also stated: "Many issues concerning the content and methods of leadership of the ruling party, the organization and operation of the socialist rule of law state of the people, by the people, and for the people, and the people's right to self-governance have not yet been clarified." This is the reason why in some places the leadership role of the Party committees is not clearly distinguished from the state management function of the government, leading to violations of the principle of democratic centralism.

Within each locality and unit, the relationship between the ruling party and the rule of law is reflected in the relationship between the Party committee and the government at the same level. Regarding this relationship, there are currently two trends that need to be addressed: in some places, Party committees are lax in their leadership over the government, failing to regularly inspect and supervise, leading to the government acting contrary to regulations and policies, or even violating the law; conversely, in some places, Party committees are deeply interfering in the work of the government or acting on behalf of the government, violating the principles of state management.

A specific requirement for reforming and improving the political system at the grassroots level is to define the relationship between the Party committee and the government according to the principle of "Party leadership, State management, and people's ownership." As the ruling party, the Party committee must have policies and resolutions aimed at solving specific local problems, directing the government to implement them seriously, legally, and effectively. In accordance with the principle of a rule of law state, local governments, while implementing the Party committee's policies and resolutions, must comply with legal regulations. The Party committee's policies and resolutions must be concretized by the government through state management regulations with legally binding objectives and targets.

In carrying out their duties, the attitude and leadership methods of the head of the organization directly impact the relationship between the Party committee and the government. Some officials, elected to the Party committee and entrusted with leading the government apparatus, have, once in power, disregarded the Party committee, even failing to strictly implement its policies and resolutions. Some Party committee secretaries have used their leadership authority to control government affairs, directly appointing officials to positions within the administrative apparatus, causing resentment among cadres and civil servants. If these practices are not stopped, they will weaken the political system at the grassroots level.

The relationship between the ruling party and the rule of law is not only a theoretical issue but also a practical one. To innovate and improve the political system at the grassroots level, the first priority is to effectively address the relationship between the Party committee and the government, where the Party committee must fulfill its role as the ruling party, and the government must fulfill its functions as the rule of law.

Tran Hong Co