In Vietnam, what is the application of the law under current regulations? How many forms of law implementation are there?
In Vietnam, what is the application of the law under current regulations?
Currently, there is no specific concept of application of law in the legal system. However, according to the rationale, the application of law is one of the four forms of law implementation.
The application of law can be understood as a form of law implementation, in which the State (through competent agencies, organizations, or individuals) organizes for law entities to implement the provisions of law; or rely on the provisions of law to formulate decisions that give rise to, change, suspend or terminate specific legal relations.
In this form, law entities implement the provisions of law always with the intervention of competent state agencies or individuals.
Example:
- Apply the law to administrative procedures:
Example: Traffic police officers sanction violators when participating in traffic (running red lights, carrying three persons, failing to wear helmets...)
- Apply civil dispute settlement laws:
Example: Court hears disputes over inheritance, land ...
How many forms of law implementation are there in Vietnam?
In addition to the application of the law, one of the four forms of law implementation, there are other three forms as follows:
- Law Compliance: is a form of law implementation, in which law subjects refrain from conducting activities prohibited by law. Prohibitions are made in this form.
- Law enforcement (observance): is a form of law enforcement in which law subjects fulfill their legal obligations by positive actions. Compulsory legal norms (those that prescribe the obligation to perform certain positive acts) are implemented in this form.
- Use (application) of law: is a form of law implementation, in which law subjects exercise their legal rights and freedoms (acts that the law allows them to perform). Legal norms regulating the legal rights and freedoms of organizations and individuals are exercised in this form.
Thus, there are currently 4 forms of law implementation: Law Compliance, Law Enforcement, Use of Law, and Application of Law.
The division into the above 4 forms of law implementation is only relative, with major theoretical significance because, in practice, the forms of law implementation mentioned above do not exist separately, but are often carried out simultaneously and integrated into each other. A form includes other forms when entities exercise their rights and fulfill obligations in each legal relationship.
What are the duties and powers of the local government of the province in Vietnam?
According to the Law on Organization of Local Government 2015, the local government in the province is the People's Council and People's Committee.
Under Article 17 of the Law on Organization of Local Governments 2015, the duties and powers of the local government of the province in Vietnam are stipulated as follows:
- Arrange and ensure the enforcement of the Constitution and legislation throughout a province.
- Decide on issues in a province within their decentralized or delegated powers as stipulated by Law on Organization of Local Government 2015 and other law regulations.
- Carry out duties and powers delegated by central State administrative agencies.
- Examine and supervise organization and operation of local governments at administrative units within a province.
- Assume responsibility to superior-level state organs for the result of implementation of duties and powers of the local government at the provincial level.
- Cooperate with centrally and locally governed state organs in enhancing economic connections between regions, and implement the regional planning and ensure consistency in the national economy.
- Decide and organize the implementation of measures to promote the People’s mastery, and mobilize social resources to serve the purpose of socio-economic construction and development, national defense and security maintenance throughout a province.
In addition, the People's Council and People's Committee of the province also have duties and powers in each specific field, as detailed in Article 19 and Article 21 of the Law on Organization of Local Government 2015, including:
(1) Provincial People's Council:
- Organization and assurance of the implementation of the Constitution and legislation;
- Government development;
- Economic, natural resource and environment sectors;
- Education, training, science, technology, culture, information, sports and physical activities;
- Healthcare, labor and implementation of social policies;
- National defense, security, social order and safety assurance;
- Supervision of the compliance with the Constitution and legislation in the province, the implementation of its resolutions; supervise operations of the Standing Committee of the People’s Council, the People’s Committee, the People’s Court, the People’s Procuracy at the same level, Committees of the same-level People’s Council; supervise legislative documents provided by the People’s Committee and other instruments issued by the district-level People’s Council.;
- Other duties and powers under laws.
(2) Provincial People's Committee:
- Formulate and submit contents stipulated in Point a, b and c Clause 1, and Point d, dd and e Clause 2, and Clause 3, 4, 5, 6 and 7 Article 19 enshrined in Law on Organization of Local Governments 2015 to the province-level People’s Council, and organize the implementation of resolutions issued by the province-level People’s Council.
- Regulate the organizational structure, and duties and powers of professional affiliates of the province-level People’s Committee.
- Execute the provincial budget, perform duties to socio-economic, industrial, construction, commerce, service, tourism, agriculture, forestry, fishery, traffic and irrigation system development; take measures to manage and use lands, forests, mountains, lakes, rivers, water and mineral resources, and sources of income gained from sea, air and other natural resources; take measures to prevent, control natural disasters, protect environment in the province within its delegated powers.
- Develop and organize the implementation of provincial programs, projects and proposals for ethnic minority regions or areas faced with extremely difficult socio-economic conditions.
- Implement measures to build the all-people national defence disposition in connection with the people’s security posture in the province; provide guidelines to execute the plan to build a firm stronghold in the province; organize classes or courses to train in national defence and security and military activities in the province; formulate and execute the fighting tactics of local soldiers, self-defence forces; build military reserve forces and mobilize forces to secure task fulfillment in accordance with laws; launch the movement of all-people national security protection in the province.
- Perform duties to organization and guarantee of the enforcement of the Constitution and legislation, and government construction, administrative division, education, training, science, technology, culture, information, physical activities, sports, healthcare, labor, social policies, ethnic and religion affairs, national defence, security, social order and safety, justice administration, justice assistance as well as other duties, and exercise other powers in accordance with laws.
- Carry out duties and powers decentralized and delegated by centrally-governed state organs.
- Decentralize and delegate duties and powers of the provincial People’s Committee to the inferior-level People’s Committee and other agencies or organizations.
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