Principles of power control in proceedings and judgment enforcement in Vietnam

Principles of power control in proceedings and judgment enforcement in Vietnam (Internet image)

On October 27, 2023, the Politburo issued Regulation 132-QD/TW on controlling power, preventing and combating corruption and misconduct in investigation, prosecution, trial, and judgment enforcement activities.

1. Principles of power control in proceedings and judgment enforcement in Vietnam

- Ensuring the Party's centralized, unified, coherent, and comprehensive leadership and direction; supervision by agencies and elected representatives; the Vietnam Fatherland Front; law enforcement agencies; socio-political organizations; and the people for proceedings, judgment enforcement, and other related activities according to Party regulations and State laws.

- Ensure that all power is strictly controlled by mechanism and bound by responsibility; wherever the authority is, there is responsibility; the higher the authority, the greater the responsibility.

- Ensure independence, objectivity, compliance with laws, regulations, working regulations, professional processes, ethical standards, and codes of conduct of agencies, organizations, and competent persons in proceedings, judgment enforcement, and other related activities.

- Ensure publicity and transparency associated with the accountability of agencies, organizations, and competent persons in proceedings, judgment enforcement, and other related activities according to Party regulations and State laws.

- Promptly detect, prevent, and strictly handle all violations, abuse, abuse of position and power, abuse of power, corruption, misconduct in proceedings, judgment enforcement, and other related activities; there are no prohibited areas or exceptions.

- Comply with the Party's policies and regulations and relevant laws.

(Article 3 of Regulation 132-QD/TW 2023)

2. Content of power control in proceedings and judgment enforcement in Vietnam

- Control the leadership, direction, and organization of implementing the Party's policies and regulations, State laws, working regulations, professional processes, ethical standards, and codes of conduct; the work of preventing and combating corruption and misconduct in proceedings; judgment enforcement; and other related activities.

- Control the implementation of tasks and powers of agencies, organizations, and competent persons in leading, directing, and carrying out litigation activities, judgment enforcement, and other related activities.

(Article 4 of Regulation 132-QD/TW 2023)

3. Methods of controlling power in proceedings and judgment enforcement in Vietnam

- Lead, direct, and advise on the development, promulgation, and organization of implementation of the Party's policies and regulations, State laws, working regulations, professional processes, ethical standards, code of conduct to control power, prevent and combat corruption, misconduct in litigation, judgment enforcement, and other related activities.

- Lead, direct, and implement self-criticism and criticism; responsibility for setting an example; openness; transparency; accountability; and other measures to control power, prevent violations and corruption, and prevent negative; The work of resolving petitions, feedback, complaints, and denunciations in proceedings, judgment enforcement, and other related activities; Self-inspection, detection, prevention, and handling of violations, corruption, and negative acts within agencies and organizations competent to conduct proceedings and execute judgments and other related activities.

- Lead, direct, and orient the activities of agencies and organizations competent to conduct proceedings, execute judgments, and other related activities according to Party regulations and State laws; build and consolidate the organizational apparatus and the team of cadres, party members, civil servants, and public employees in these agencies.

- Check, supervise, inspect, audit, and supervise the implementation of tasks and powers; compliance with the Party's policies and regulations; State laws, working regulations; professional processes; ethical standards; and codes of conduct; the resolution of petitions, feedback, complaints, denunciations, and the implementation of preventive measures; handling violations; abuse of position; abuse of power; corruption; misconduct in proceedings; judgment enforcement; and other related activities according to Party regulations and State laws.

- Lead and direct the policy of handling cases according to the Party's regulations and the State's laws. Request to check, inspect, audit, and review the decisions of agencies, organizations, and competent persons in proceedings, judgment enforcement, and other related activities according to Party regulations and State laws.

(Article 5 of Regulation 132-QD/TW 2023)

More details can be found in Regulation 132-QD/TW taking effect on October 27, 2023.

Ho Quoc Tuan

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