VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES NGUYEN THI HOAN ACTIVITIES OF MEMBER OF CONGRESS IN VIETNAM TODAY Major: Constitutional Law - Administrative Law Code: 9.38 01 02 SUMMARY OF DOCTORAL THESIS IN LAW HANOI - 2019 The Thesis is completed in: Graduate Academy of Social Sciences, under directly Vietnam Academy of Social Sciences Scientific Instructors: ASSOC PROF DR TRUONG THI HONG HA Reviewer 1: Reviewer 2: Reviewer 3: The Thesis is defended at Thesis Review Council at the level of: Graduate Academy of Social Sciences At:… hour… , day… month … 2019 Further information of the Thesis can be found in: - National Library - Library of Graduate Academy of Social Sciences, under directly Vietnam Academy of Social Sciences INTRODUCTION The urgency of the topic In The law governed state, Socialist Vietnam, the people are the masters, as the supreme subject of state power, all the state power belongs to the People, the agencies are set up to actualize the power of the people in three areas, including legislative, executive and judicial In order for the National Assembly to perform its functions and tasks valid and effectively, the requirements for the National Assembly and the assisting agencies of the National Assembly must operate effectively The renovation, improving the efficiency of the National Assembly and ensuring the activity of Member of Congress (MoC) in particular are always highly appreciated by the Party The document of The 12th National Congress continued to specify: “continue to renovate the organization and activity of the National Assembly, ensuring that the National Assembly is truly the highest representative body of the People, the highest authority of the state "; "Completing the institution to improve the quality and activityal efficiency of elected bodies, especially legislative activities of the National Assembly, Member of Congress ” is an important guiding ideology of a nature and poses an objective requirement that needs to be institutionalized in the legal framework in the process of innovation, improving the capacity and activityal efficiency of MoC and National Assembly in general The position and functions of the National Assembly are only clearly shown when the National Assembly fully performs the prescribed tasks and powers This requires MoC to really play a role as one of the decisive factors in the activity of the National Assembly The process of national renewal so far, the activities of the National Assembly are increasingly reflected the intellectual and democratic focus; the standards, qualifications and capacities of representatives have all been significantly improved, the activities of MoC through the National Assembly have become more effective, highly welcomed and appreciated by the people MoC must be one of the key elements to promote the capacity of representing the voters and the people of the whole country, creating a solid power foundation of the highest state authority of the Socialist Republic of Vietnam At the same time, the current activity reality of MoC shows that there are still shortcomings and inadequate in the activity of them in the areas of legislative, supervisory and other activities; composition structure of MoC, the relationship among them and voters, the harmonious settlement between local interests and national interests in the representative role of MoC, promoting people's power in the activities of MoC, etc The activity of MoC in comparison with practical requirements still has a certain distance The research on the activity of MoC has become more and more urgent in order to meet the requirements of implementing the Constitution in 2013, contributing to strengthening the organization and activity of the National Assembly in particular as well as in building The law governed state, Socialist Vietnam Purposes and tasks of the thesis 2.1 Research purposes On the basis of studying the theoretical, legal and experience issues of the countries and the reality of the activity of the Vietnamese MoC, the thesis aims to find out the concepts, characteristics, roles, contents and requirements activities of MoC; overcome inadequate and limited problem, in the activity of MoC, thereby proposing scientific and feasible views and solutions to further ensure the activities of the Vietnamese MoC 2.2 Research tasks The thesis clearly defines the following major research tasks: - Collecting, analyzing the research situation on the activity of MoC by domestic and foreign authors points out the issues surrounding MoC to determine the content agreed on the activity of MoC - Developing a system of theoretical knowledge about MoC and their activities in Vietnam such as: concepts, characteristics, roles, requirements, operational contents of MoC, the conditions to ensure the activity of MoC, studying the experiences of countries on the activity of MoC from which to draw values for Vietnam - Objectively and scientifically assessing the status of legal regulations and the actual activity situation of MoC: advantages, limitations and causes to create a practical basis for proposing views and solutions to ensure the activity of MoC in The law governed state, Socialist Vietnam Object and scope of the thesis research 3.1 About the research object The thesis researches the main object is Vietnamese MoC (the activity of MoC in The 13th and 14th National Congress, Vietnam National Assembly, Office of the National Assembly, National Council and Committees of the National Assembly related to the activity of MoC) 3.2 About the scope of research - Scope of space: The thesis has the scope of research on space is the activity of MoC in Vietnam and the activity of MoC in some countries in the world - Scope of time: Mainly studying activities of MoC from 2013 until now (since the The Constitution 2013 was issued and took effect from January 1st, 2014) Theoretical basis and research method of the thesis 4.1 Rationale and approach The thesis is based on the methodology of Marxism-Leninism, Ho Chi Minh's thought, the views, guidelines and orientations of the Communist Party of Vietnam on the organization of state power and construction of The law governed state, Socialist Vietnam, the National Assembly, the cadre work in general and the activity of MoC in particular The thesis uses the following main approaches: Approaching from the perspective of constitutional law, administrative law, Approaching the system; Interdisciplinary approach 4.2 Specific research methods The thesis uses the following specific research methods: Methods of analysis; Methods of historical research; Integrated approach; Methods of collecting documents; Method of combining reasoning with practice; comparative method; at the same time, inheriting research works, statistics and related documents New contribution to the science of the thesis The thesis is a systematic and comprehensive study of the activity of MoC in particular after the promulgation and effective of the The Constitution 2013 Through the research results of the thesis, there are the following new contributions: - In terms of theory, the thesis continues to study and clarify the theoretical issues about the operation of MoC, such as concepts, characteristics, roles, requirements and activity contents of MoC, the conditions to ensure the activity of MoC, the value of the activity experience of MoC in some countries and apply it in accordance with the conditions of the activity of Vietnamese MoC to meet the requirements of democracy and the rule of law in controlling state power of The law governed state, Socialist Vietnam - In terms of practice, the thesis is a comprehensive research project on the activity of MoC in the areas of activities of the National Assembly on legislation, supervision and decision of important issues of the country; combined with the analysis of the advantages and disadvantages that exist and are happening in the practical activity of MoC in the recent time Researching and perfecting the activities of MoC is based on these practical bases - The thesis demonstrates the views and groups of solutions to ensure the activity of MoC, The solutions are approached on the basic aspects such as: (i) Completing the law on the activities of MoC in the areas of legislation, monitoring and deciding important issues of the country; (ii) Documents on the code of conduct of MoC are developed and issued; promoting the nuclear role of MoC in the activities of the National Assembly; enhancing the professionalism and responsibility of MoC; The mechanism of negotiating the election for MoC must be intrinsic, etc (iii) Completing the activity of MoC, focusing on completing the processes and procedures on the responsibilities and participation of MoC in activities of the National Assembly's agencies, activities of Group Member of Congress; or when participating in other forms of work of the National Assembly, agencies of the National Assembly (iv) Ensuring representation when doing delegate tasks; promoting level, intelligence, competence, and activity skills of MoC; the relationship between MoC, agencies of the National Assembly and other relevant agencies The thesis also proposes a new mechanism to strengthen the supervision of the People on the activities of MoC; the new mechanism on the issue of MoC is responsible to the voters; etc The theoretical and practical significance of the thesis 6.1 Theoretical meaning Firstly, the research results of the thesis contribute to supplementing and filling more theoretical issues about the activities of MoC; systematizing theoretical issues related to the activity of MoC; overcoming limitations, obstacles, shortcoming in the activity of MoC in Vietnam Currently, these issues are in the activities of the National Assembly or separately in research projects related to MoC in different fields Secondly, providing a scientific basis for the analysis and assessment of the activity status of MoC; proposing the views and measures to ensure the activity of MoC in the current conditions of Vietnam 6.2 Practical meaning Firstly, The thesis contributes to research and improve legal regulations on MoC, activities of MoC based on The Constitution 2013 and related legal documents; continues to add basic theoretical issues in the activity of MoC Secondly, The thesis proposes a number of specific requirements and solutions for the activity of MoC Thirdly, The thesis is a useful reference for agencies and organizations with the authority to manage and coordinate with MoC in related issues Fourthly, Research results can be used as a reference for research and teaching of legal science specialized in administration - constitution Structure of the thesis In addition to the introduction, conclusion and list of references, the thesis has a structure of chapters Chapter 1: Overview of research related to the topic; Chapter 2: Theoretical issues about the activities of Vietnamese Member of Congress; Chapter 3: Current status of legal regulations and activities of Vietnamese Member of Congress; Chapter 4: Views and solutions to ensure the activities of Member of Congress in Vietnam today CHAPTER OVERVIEW OF RESEARCH RELATED TO THE TOPIC 1.1 Situation of domestic research Some projects not directly study the activity of MoC but at different levels, mention about the operation of MoC It can be seen that the number of specialized research projects on MoC is still limited However, these are useful references for the PhD Student in identifying theoretical and practical issues related to the activities of MoC that need to be further clarified 1.2 Situation of foreign research It can be seen that these works not directly study the activity of MoC in a overall and comprehensive way, only at a certain level of interest in MoC such as: on the structure and operation of MoC through the structure and operation of the National Assembly, the levels of the relationship between MPs and voters, forms of representation of elected representatives; etc in some countries have reference value in the process of researching this thesis These contents help the PhD student to look at and evaluate more broadly the activities of MoC, thus having a basis to propose solutions to ensure the activities of MoC in practical conditions of Vietnam 1.3 Comment on the research situation 1.3.1 Evaluate the research results achieved Firstly, in terms of theory, the research works have mentioned the position, role and characteristics of the activities of MoC Most of the works when studying the National Assembly or MoC are properly aware of the position and role of MoC in the organization and operation of the National Assembly This is an important theoretical part of the study in the next research process on MoC Secondly, in practical terms, the research works are unanimous about the current status of the law on MoC but in general they are not yet clear, the stability is not high, there are still irrational points such as: The standard of MoC lacks necessary criteria for voters to have a favorable basis for selecting and monitoring; qualifications and capacity to implement the task of MoC, the number of specialized MoC currently does not meet the requirements, has not improved the regular activity and specialization of the National Assembly; the activities of MoC on the constitutional, legislative, important issues of the country and supervision have ineffective points, not commensurate with the constitutional position of the delegates as well as the expectations of the candidates The conditions of support and measures to ensure the activities of MoC have not met the actual requirements Fourthly, in the perspective of views and solutions to improve the activity of MoC: in general, the views and solutions of comprehensive solutions have been unified in certain trends such as: increasing the number of specialized MoC; reasonable structure of the number of MoC; the need to strengthen the conditions to ensure the activity of MoC; improving quality of MoC, etc 1.3.2 Thesis issues need to be further studied 1.3.2.1 Some issues are being raised Firstly, in terms of activity regime of MoC, in recent years, in terms of theoretical and practical research, the increase in the number of specialized MoC is a reality, but how to increase, what the proportion of structure is, increasing specialized MoC in agencies of the National Assembly (National Council, Committees of the National Assembly), or at the Delegation of MoC still have different opinions Secondly, the activity of MoC has not fully assessed, especially the activities of MoC at The 14th National Congress; the rational resolution of the relationship between representing the will and aspirations of the people in the constituency of themselves and the people of the whole country; How professional the activity of MoC is in the conditions of Vietnam; international experience on this issue Thirdly, how to perfect the law on the activity of MoC after The Constitution 2013 was promulgated 1.3.2.2 Issues need to be further studied Firstly, on the position and role of MoC in the spirit of The Constitution 2013; to the legal adjustment step in the direction of taking activities of MoC as the center of activities of the National Assembly in the Parliamentary law 2014, etc., and the issues raised Secondly, although some aspects related to the activity method of MoC, to the activity characteristics of MoC has been mentioned, but mainly at the level of suggestion Therefore, issues related to characteristics, activity contents, and conditions to ensure the activity of MoC need to be further studied Thirdly, on the legal framework that underpins the operation of MoC Recently, the legal documents on organization and operation of the National Assembly in general, on the activities of MoC in particular have big changes; all have new regulations related to the activity of MoC In the context of practical law, the fundamental legal framework for the activity of MoC has changed dramatically, requiring more thorough research and evaluation to have appropriate, adaptive ways Fourthly, on the practical activity of MoC, the recent National Assembly terms have witnessed the rich and diverse development steps in the activity of MoC; many positive aspects are noted; at the same time, there are also points of shortcoming, limitations and obstacles during the activity of MoC Both of these aspects in the activity of MoC need to be further studied and evaluated at a deeper and more comprehensive level; comparing with the requirements of the practical situation Fifthly, on conditions to ensure the activity of MoC, in terms of: (i) financial resources; (ii) information; (iii) human resources; etc in practical conditions now, a thorough and complete evaluation need to be done CHAPTER THEORETICAL ISSUES ABOUT THE ACTIVITIES OF VIETNAMESE MEMBER OF CONGRESS 2.1 The legal position, the role of Member of Congress in the National Assembly of Vietnam 2.1.1 The legal position of the National Assembly in the apparatus of Socialist Republic of Vietnam Being the highest authority of the Socialist Republic of Vietnam, the highest representative body of the people, the National Assembly is responsible for all aspects of social life Legislative, constitutional, supervising, and deciding important national issues of the National Assembly touch all aspects of social life The particularly important legal position of the National Assembly in the State apparatus is inherited, through the Constitution to the Constitution of 2013 People exercise state power by direct democracy, by representative democracy through the National Assembly, the People's Council and through other state agencies It also means that the National Assembly elected by the People is the establishment of a representative democracy This is based on the nature of the National Assembly, namely the highest representation (representative) and highest state power in general 2.1.2 The legal position and role of Member of Congress in the cadres and civil servants of the Vietnamese political system 2.1.2.1 The legal position of MoC The concept of MoC: MoC is a Vietnamese citizen who meets the conditions and criteria set out in the law on election of MoC, voted by voters and is recognized as MoC in a specific National Assembly term Firstly, MoC is the representative of the will and aspirations of the People, and the Constitution also defines the responsibility of MoC in keeping the relationship and the close connection with the People in the process of implementing the delegate's tasks Secondly, in order to well perform the position and role of the mission to represent the will and aspirations of the People, MoC is given an important authority in relation to the subjects who hold important positions under the authority of implementing legislative, executive, judicial, People's Procuracy, The State Audit Office of Vietnam with the right to question Thirdly, in relation to the National Assembly, the National Assembly's agencies, the Constitution 2013 stipulates the responsibility of MoC in fulfilling the tasks of deputies, and has the right to participate as a member of the National Council or Committee of the National Assembly Fourthly, MoC has an equal legal position in the activities of the National Assembly 2.1.2.2 Role of Member of Congress Firstly, the role is to represent the will and aspirations of the People This is also the most important point and the crucial point when it comes to the role of MoC Secondly, MoC has the role of being the nucleus of all activities of the National Assembly This simply means that the National Assembly and its agencies are also made up of MoC 2.2 Concept, characteristics, requirements and content of activities of Member of Congress 2.2.1 Concept of activities of Member of Congress Activities of MoC in our country is MoC performing functions, or conducting specific tasks to perform the tasks and powers prescribed by the law, in accordance with the position and role of MoC, contributing to well implementing the functions and tasks of the National Assembly with the position and role of the highest representative body of the People, the highest state authority of the Socialist Republic of Vietnam 2.2.2 Characteristics, content, requirements for activities of Member of Congress 2.2.2.1 Characteristics of the activities of MoC Firstly, the activities of MoC are both representative and state power Secondly, the activities of MoC decide the results of the National Assembly in general Thirdly, MoC has a wide range of activities, involving most areas of social life Fourthly, the activities of specialized MoC in high professionalism are key elements in the general operation of the National Assembly From the 10th National Assembly to the current 14th National Assembly, each National Assembly term, the number of specialized MoC accounts for about 30%, the remaining 70% are MoC operating concurrently Fifthly, the activity mode of MoC has its own characteristics, which are different if compared with officials and civil servants in the political system It can understand that the activity mode of MoC is a system of ways, with appropriate forms that MoC uses to carry out activities according to functions and tasks to achieve the objectives, requirements set in accordance with the position and role of the QA in activities of the National Assembly Activity method of MoC in Vietnam based on the following basic foundations: Firstly, the activity mode of MoC is placed in the conditions of organization and operation of the National Assembly, in the exercise of state power (state power is unified, with the assignment, coordination and control among agencies in implementing legislative, executive and judicial rights Secondly, in the condition that the State enforces the principle of state power, the National Assembly is defined as the highest representative body of the people, the highest state authority of the Socialist Republic of Vietnam, as an agency exercising legislative rights, but the National Assembly does not operate regularly, most of MoC work concurrently 2.2.2.2 Contents of the activities of MoC Firstly, the content of activities of MoC is in the legislative field The most observable role and responsibility is discussion, giving opinions as well as reviewing and voting activities through the project of MoC at the meeting From the principle contents of the Constitution, the legislative activities of MoC have been gradually adjusted more and more specifically in specialized legal documents In the aspect of the activity mode, the content of activities of MoC in the constitutional and legislative areas is also expressed in different tasks and powers, when participating in institutions within the National Assembly or in different stages of the legislative process Secondly, the content of activities of MoC is in the field of supervision From the principle contents in the Constitution, the monitoring activities of MoC have gradually been adjusted more and more specifically in specialized legal documents, until now, the supervision activity of the National Assembly, MoC is adjusted mainly in the Law on supervisory activities of the National Assembly and People's Council CHAPTER CURRENT STATUS OF LEGAL REGULATIONS AND ACTIVITIES OF VIETNAMESE MEMBER OF CONGRESS 3.1 Overview of the current status of structure and quality of the Member of Congress and legal regulations on the activities of Vietnamese Member of Congress 3.1.1 Structure and quality of Member of Congress Firstly, in terms of quantity, determine that the total number of MoC is no more than 500 people; stipulate a specialized rate of at least 35% of the total MoC In the 14th National Assembly term, there were 496 delegates elected; So far there are 487 Members of Congress Secondly, on structure and quality of MoC In terms of structure, MoC in recent terms to the National Assembly has ensured the requirements of the Constitution and the law, there is a succession between the terms, ensuring a more reasonable ratio, reflecting the broad representation for the people of all levels to participate in elected bodies, making an important and practical contribution to improving the operational efficiency of the National Assembly The combination of strengthening the number of specialized MoC to work, paying more attention to the standards of qualification, quality, and capacity of candidates as MoC to stand out for the candidates, rationally increasing the number of re-delegates who have brought into full play the delegate's capabilities, skills and experience on the working aspects, thereby raising the quality and efficiency of the National Assembly's activities The structure and quality of MoC are two sides of a problem, how to harmonize the quality with the structure of delegates, as also the requirements 3.1.2 Legal status of activities of Member of Congress 3.1.2.1 Law on legislative activities of Member of Congress The Constitution 2013 clearly stipulates the responsibility to fully implement the tasks of delegates; additional provisions that delegates have the right to participate as members of the Nationality Council or Committee of the National Assembly; inherit and supplement regulations on competence to submit proposals on laws, ordinances and law projects, ordinance project to National Assembly Standing Committee Other legal documents continue to concretize the responsibility of MoC in the legislative field 3.1.2.2 Law on supervision activity of Member of Congress Supervision activity of MoC is stipulated in the Constitution in 2013, Law on organizing parliament in 2014, Law on supervisory activities of the National Assembly and People's Council in 2015 and some other relevant legal documents 3.1.2.3 Law on activities that determine important issues of the country of the National Assembly 11 On the basis of the provisions of the Constitution 2013 on the tasks and powers of the National Assembly, Law on organizing parliament in 2014 that stipulate the tasks and powers of the National Assembly in the field of deciding important issues of the country The most frequent and most common is the authority to decide important socio-economic issues and to elect and approve titles in the state apparatus As a member of the National Assembly, MoC is responsible for participating in the activities of the National Assembly, including participating in discussions and decisions when the National Assembly discusses and decides important economic and social issues, voting and approving titles in the state apparatus 3.1.2.4 Law on contact activities, keeping a connection with voters of Member of Congress Law on organizing parliament in 2014 regulates the responsibility of MoC with voters, stipulate that MoC must regularly contact with voters, closely relate to and be monitored by voters, the contact of voters is not limited to the locality only the place of election of MoC, but also the residence and work of MoC The promulgation of the Law on Citizenship by the National Assembly in 2013 and National Assembly Standing Committee issued Resolution No 759/2014 / UBTVQH dated May 15, 2014 detailing the activities of citizen reception of agencies of the National Assembly, MoC, People's Council and People's Council deputies at all levels have created a clearer and more specific legal basis for the competence and responsibility for citizen reception, application processing, complaints, denunciations, petitions and reflections of citizens of the agencies of the National Assembly, of Group of Delegation of MoC and MoC, for better quality of citizen reception activities… 3.2 Current situation of activities of Member of Congress 3.2.1 From the activities of MoC, the National Assembly increasingly performs well its functions and tasks as the highest representative authority of the People, the highest state authority of the Socialist Republic of Vietnam First, regarding the activities of MoC in the constitutional and legislative field: the activities of MoC in participating in the drafting of bills and ordinances have been raised a noticeable step both in quality and quantity The activity mode of MoC has had many innovations, on the one hand, it has ensured the basic principles in the activities of MoC, and at the same time, it has promoted the role of MoC, ensured the promotion of socialist democracy in the activities of the National Assembly; increased debate and dialogue in the activities of the National Assembly in general Second, on the supervision activity of the Member of Congress: (i) The questioning activity of MoC increasingly has positive impacts on promoting the responsibilities of related subjects (ii) MoC participates more and more deeply and comprehensively in the supervision activity of the National Assembly and the agencies of the National Assembly in general 12 (iii) The new point of the 13th and 14th terms is: MoC conducts direct and more frequent questioning activity with heads of state authorities in implementing resolutions of the National Assembly Third, regarding the decision activity of the important issues of the country As a member of the National Assembly, MoC has promptly decided the policies of national welfare and people's livelihood in consistent with the practical requirements of the country In difficult economic conditions, the National Assembly has made many synchronous decisions to respond promptly; implemented prudent and flexible monetary policies and fiscal policies; decided to reduce expenditures that are not really necessary and ineffective; drastically ensured national financial security, maintained macroeconomic stability, controlled inflation, recovered and created economic growth momentum, ensured social security, continued to improve material and spiritual life of the people Many decisions that promptly solve the frustrations from life are supported by many voters Fourth, regarding activities of contact and keeping relationship with voters of the Member of Congress The relationship between delegates and voters as well as voters and delegates is increasingly strengthened and closely linked to the activities of the National Assembly Strengthening of the relationship between MoC and voters, ensuring that MoC closely links and enhances their responsibility for voters, is one of the factors determining the quality of the activities of the delegates and the National Assembly 3.2.2 Limitations in the activities of the Member of Congress 3.2.2.1 Regarding the activities of MoC in the constitutional and legislative field a) Regarding the right to submit proposals on laws, ordinances, bills and ordinance projects before the National Assembly and the Standing Committee of the National Assembly of the Member of Congress In accordance with the provisions of the Constitution in 2013, MoC has the right to submit proposals on laws, ordinances, bills and ordinance projects before the National Assembly and the Standing Committee of National Assembly In the recent National Assembly terms, it is possible to realize that the individual role of MoC in the first phase of the drafting of bills and ordinance projects is expressed at a certain level It can be seen that, in the first phase of the drafting of bills and ordinance projects, the role of MoC is limited, mainly expressed in discussing, giving opinions and voting on the Law and ordinance making program of the National Assembly In short, if the applicable regulations are maintained, the implementation of the right to submit bills and proposals on law to the National Assembly of MoC will be difficult to implement Therefore, in the past time, there have been many proposals for "assistance mechanism of MoC" to execute this right b) Participate in discussing and deciding the Law and ordinance making program at the National Assembly session In the process of discussion, MoC can propose new projects or comment on 13 proposals of urgent fields that require new legal documents to adjust and amend to suit real circumstances and conditions However, due to the urgent time to approach the problem of MoC, usually only at the National Assembly sessions, so there are projects that MoC lacks information and research conditions on each content, especially regarding the practical aspect and feasibility of proposed projects in order to consider and decide on each content of the Law and ordinance making program Thus, it leads to a contradiction that the number of areas and issues mentioned is too much, while it is necessary to ensure the completion of the program with high quality in a certain time c) Participate in deciding the program to develop laws and ordinances The fact of legislative activities in recent National Assembly terms shows that legislative programs are getting more and more integrated, the rate of completion of projects in the program compared to many years ago is increasing, however, it is not uniform d) Participate in verifying bills and ordinances Participation in the verification of MoC in terms of scope: only MoC who is member of the National Council and the Committee of the National Assembly is responsible for participating in verification activity; Verification activity of the system of Committees of the National Assembly also put the responsibility on the Standing Departments of these agencies, since most of MoC who are members of the National Council and the Committees work part-time; In the responsibility of coordinating with the Council, the Committee is tasked with presiding over the verification, the role of the agency participating in verification is mainly expressed by the responsibilities of some individuals of MoC of the verification agencies but not closely associated with the role of the entire MoC who is member of these agencies; this leads to the fact that it has not fully developed enough experience and knowledge of MoC who is member of the National Assembly in verification activity; in addition, there is a large part of MoC who works on a part-time basis, so the participation in grasping the results of the verification is still limited - mostly near the session were the results of verification activities of the National Council, the Committee received; etc e) Participate in discussing, giving opinions and adopting bills and ordinances This is an important activity of MoC, this activity also clearly shows the responsibility of MoC on the issues of national welfare and people's livelihood submitted to the National Assembly for consideration and decision The decision choices of MoC are the basis for forming decisions of the National Assembly in each specific field With the principle of working in accordance with the Congress mode and decisions by majority, so the plenary sessions in the Hall on legislative activities not have enough conditions of time for MoC to participate in giving opinions In this regard, there is an opinion that the absence of MoC in the speeches at the legislative sessions of the National Assembly will likely affect the right of being represented of the voters in having a voice at the Congress The time spent on these activities in some recent National Assembly terms is also limited 14 The questioning activity of MoC also shows the following points: First, the official mechanism allows MoC to express their opinions on the issues that the respondents answered unclearly Second, in the past time, the material time that the National Assembly devoted to supervision activity in general and questioning activity in particular, compared to other activities of the National Assembly, generally accounted for a small proportion and did not correspondent with in practical requirements Third, questioning activity of MoC, besides advantages and positives, also have difficulties in terms of local benefits b) Some regulations on the order and procedures in supervision activity of MoC are not really clear and reasonable First, there is no clear regulation so that MoC can use some applicable mechanisms in supervision activity Second, in supervision activity, MoC also implements the powers to supervise legal normative documents; supervise the implementation of laws in the locality; supervise the settlement of complaints and denunciations of citizens These are great powers that the applicable law gives to MoC However, the reality shows that the volume and content of legal normative documents issued is too large, related to many areas, posing many challenges for MoC on the capability of understanding and grasping the content, as well as the time needed, etc to conduct supervision activity Third, for supervising the settlement of complaints and denunciations of citizens Activity of supervising the settlement of complaints and denunciations of citizens of MoC depends very much on the research and preparation of MoC for voters and the people With the applicable legal mechanism, it is clear that the supervision of this type of MoC is more procedural in nature, rather than going into solving problems in a real way Fourth, the supervision of the National Assembly in general and of MoC in particular should avoid interference and overlap with the performance of the inspection function of the organization of the Communist Party, inspection and auditing of state authorities, leading to troublesome, etc for related subjects 3.2.2.3 Regarding the activities of the National Assembly in the field of deciding important issues of the country First, with the National Assembly's resolutions in the field of deciding important issues of the country, if there are still many resolutions issued by the National Assembly, the evaluation has not had many innovations and the evaluation results have not had many quantitative factors, etc In addition, the assignment of responsibility for implementing and supervising the implementation of the resolution, etc also has general and unspecific cases, in which responsibilities of participating agencies are still not clear Second, some regulations in the applicable law related to the activities of the National Assembly in general and MoC in particular have revealed difficulties and shortcomings 15 Third, in the process of making, drafting, verifying and reviewing resolutions of the National Assembly on socio-economic issues However, the reality of this activity of MoC in the past time has revealed a limitation: MoC should consider discussing and verifying the requirements of ensuring country and national interests as well as ensuring the requirements of national defense right from the stage of proposing the making of documents that is the draft resolution 3.2.2.4 Regarding the activities of MoC in contact and keeping in touch with voters First, in fact, the current voter contact activities of MoC are held before and after each session, the voters contact time of MoC is usually limited to time or day at each place and each voter contact is held in 3-4 places However, the organization of the voter contact in some places is not appropriate and not a channel for voters to send their will and aspiration to MoC Second, due to large workload, while having to directly participate in specific tasks because of the lack of staff of assisting and advising to research and propose solutions for themselves, so MoC, especially the part-time MoC, cannot be comprehensive and fully implemented Third, the reality shows that citizen contact is mainly carried out by specialized MoC in the delegation of MoC Fourth, in the relationship between MoC and voters, the right to dismiss MoC is one of the most powerful responsibility binding mechanisms On the side of MoC, the posing issue is to what extent that MoC operates, or to what extent that they violate the implementation of the functions, tasks, or in the observance of the law, they are deemed unworthy of People's trust and not really clear about the responsibility mechanism 3.2.3 Causes of limitations and shortcomings First, the applicable legal regulations on the activities of MoC in each field have been increasingly consolidated and improved; but due to being issued in large numbers and adjusted in many different documents, the implementation process inevitably lacks of uniformity, still reveals "gaps" and exist shortcomings and limitations Second, the capacity and bravery of some MoC in the implementation of their tasks and powers in accordance with the law - especially in the field of supervision activity - is also an issue that needs to be addressed Third, the activity mode of MoC has been revealing limitations Fourth, true connection between MoC, voters and the people still has aspects which are not really effective Fifth, the activities of MoC, a subject with a rather specific position and role in comparison with the public servants in agencies implementing the executive power and judicial power, should focus on representing the will and aspirations of the People, but it still lacks mechanisms for the People to control and supervise more practically the activities of MoC Sixth, the cause of the limitations mentioned above mainly because our country is in the process of development, socio-economic relations need to be adjusted and 16 changed regularly by the law, it develops unpredictably, therefore, there is not enough data in the process of law-making The roles and responsibilities of relevant subjects in many cases have not been shown and maximized especially in the preparation of bills, and not really been considered, cared and invested by some competent subjects Next is the implementation of the provisions of the law on the activities of MoC, in which, the Rules of the National Assembly sessions are still not strict, especially the sending of bills to agencies of the National Assembly and MoC 3.3 Current situation of conditions supporting the activities of MoC 3.3.1 Regarding activities support regime of MoC Almost all delegates have a need to be supported MoC in the legislative activities, but the need to support delegates is also very diverse With the current situation of MoC structure diversified as today, how to support MoC in legislative activities to suit each type of object is the issue that needs to be addressed The demands of voters for the National Assembly to law enforcement system are immense This demand requires that MoC must work wholeheartedly and hard In order to fulfill their own responsibilities, MoC needs to have the support of voters and the National Assembly’s assisting agencies to meet the necessary conditions to fulfill their responsibilities 3.3.2 Regarding the assisting apparatus of the National Assembly, the agencies of the National Assembly and Member of Congress The assisting apparatus of the National Assembly, the agencies of the National Assembly and MoC of our country in comparison with other countries is still very modest The National Assembly of countries have invested and attracted a good civil service staff to work at the National Assembly office and office of parliamentarian Thanks to the mechanism of attracting and using professional staff, they have effectively supported parliamentarians in legislative activities This is an experience that needs to be considered, because without a strong assisting apparatus, the National Assembly and MoC will be very limited in their activities 3.3.3 The contents of supporting the Member of Congress in their activities still have many difficulties First, the conditions of facilities and finance at any level are considered as a guaranteed condition, which is a means to serve the posed objectives, but on the other hand, this is also the main motivation to ensure the activities of MoC Second, regarding the status of providing information, promote more the role and initiative of each individuals in the National Assembly in accessing and processing information for discussion activity as well as adopting bills at the session, especially for specialized MoC In addition to the roles and responsibilities of the assisting apparatus, the drafting agency, the agency examining the bill and the action that MoC takes the initiative and spend more time in collecting, accumulating and processing information as well as studying references to prepare for discussion and adopt the bill at the Hall also has important meaning However, the mechanism of information sharing in supervision activity between agencies of the National 17 Assembly, the supervision teams of these agencies, between the delegations of the National Assembly and each individuals of MoC is also unclear, not clearly defined 3.4 Regarding the activity mode of the Member of Congress In accordance with the law and practical activities today, MoC performs their tasks and powers through the following four main activities modes: participate in National Assembly sessions; participate in the activities of the National Assembly agencies whose member is MoC; participate in activities of the Delegation of MoC whose member is MoC; conduct activities by themselves as an individual of the MoC to perform tasks and powers in accordance with the law in order to meet the requirements set forth in the work program of the National Assembly and its agencies 3.4.1 Participate in National Assembly sessions Most of MoCs work on a part-time basis, so during the National Assembly sessions, these delegates, especially delegates who hold key positions in management agencies, still have to pay attention and time to their "main" work In fact, many MoCs, due to being busy with work, seem to be able to attend sessions with the contents of voting on important issues, questioning sessions, etc 3.4.2 Participate in the activities of the National Assembly agencies whose member is MoC In a few recent National Assembly terms, MoCs, who are specialized delegates, especially the delegates holding the leadership position of the agencies, have increased their participation as members of the National Assembly However, MoC who is member in fact not participate very much, if calculating the number of plenary sessions to verify, give opinions, etc about a specific project in a year, sometimes only a few days; there is no mechanism to mobilize full and regular participation of members of these agencies in revising and finalizing projects and draft documents before submitting to the National Assembly, the Standing Committee of the National Assembly for consideration and approval It can be said that the lack of discussion, consideration and careful adjustment in the Committee is one of the reasons leading the situation that legal normative documents are approved but still have "pebbles" as in the past time The Parliamentary law in 2014 has the provisions with principles that govern the participation in the activities of the Committees of the National Assembly; but in fact, the mechanism for other MoC to attend the activities of the National Council and the Committees of the National Assembly are not specific, the implementation of this provision of the Parliamentary law in 2014 is still formative, there are not many Committees effectively implemented this content 3.4.3 Participate in the activities of the Delegation of the National Assembly whose members are Members of Congress The specialized MoC (are usually the Deputy Heads of Standing Delegations) mainly has to carry out works and tasks organizing and coordinating the general activities of the Delegation and represent the Delegation in relation to other agencies and organizations so it also take a lot of time, greatly affecting the implementation of their tasks and powers of MoC 18 One of the basic limitations of the Delegation of MoC today, as well as in the previous sessions, that the National Assembly's summary report of work showed: "The way of organizing and structuring delegates as well as regulations on the position, tasks and powers of the Delegation of the National Assembly today are still administrative", until now, there are no effective remedy and it still "needs to be studied both in terms of organization and position to help delegates have more favorable conditions in their activities” CHAPTER VIEWS AND SOLUTIONS TO ENSURE THE ACTIVITIES OF MEMBER OF CONGRESS IN VIETNAM TODAY 4.1 The views to ensure the activities of MoC in Vietnam 4.1.1 Meet the requirements of building the Socialist Rule-of-Law State of Vietnamese 4.1.1.1 Superiority of the Constitution in the activities of MoC 4.1.1.2 In consistent with the requirements of building a socialist democracy 4.1.1.3 Contribute to implementing the content of power control 4.1.1.4 Respect and protect human rights and civil rights 4.1.1.5 Ensure the leadership of the Communist Party of Vietnam 4.1.2 Meet the position and role of the Member of Congress and strengthen the goals in the activities of the Member of Congress MoC Firstly, with the position and role of a member of the National Assembly, the highest representative body of the People and the highest state power authority of the Socialist Republic of Vietnam, the activities of MoC must ensure and contribute to the National Assembly to implement well and effectively this role Second, regarding strengthening the goals in the activities of MoC: The activities of MoC are placed in the activities of the National Assembly and cannot be separated from the overall activities of the relevant institutions in the entire political system 4.2 Solutions to ensure the activities of the Member of Congress 4.2.1 Strengthen the leadership of the Communist Party in the activities of MoC First, renew the leadership of the Communist Party in developing the strategic paths for national development, major guidelines and policies in the fields as a basic orientation for the National Assembly to well implement the three basic functions: legislating and deciding important issues of the country as well as exercising supreme supervision Second, clearly define the content and mode of leadership of the Communist Party for the implementation of the functions and tasks of MoC in legislative activities Third, clearly define the content and mode of leadership and activities of MoC in implementing function of deciding the fundamental policies on home affairs, foreign affairs, economic and social tasks, national defense and security, the main 19 principles of organization and activities of the state apparatus, social relations and citizens' activities Fourth, strengthen the leadership of the Communist Party in implement the right of supervision of MoC 4.2.2 Complete the law on the activities of MoC a) Regarding constitutional and legislative activities of MoC First, legislative activities of MoC are associated with institutionalizing the policy of the Communist Party of Vietnam in implementing the functions and tasks stipulated by the Constitution and the law Second, legislative activities of MoC associate with the expression of the responsibilities when being representative for the will of the voters and the people in implementing the constitutional and legislative rights Third, legislative activities of MoC associate with ensuring objectivity and putting common interests first in implementing constitutional and legislative rights Fourth, activities of proposing laws and ordinances as well as proposing to build laws and ordinances of MoC should be adjusted in a way that is the nature of proposals and recommendations in terms of policies but not required, associated with the responsibilities of MoC in drafting and submitting bills before the National Assembly Fifth, promote the roles and responsibilities of MoC working specialized in controlling the quality of legal normative document draft before submitting to the National Assembly and SCNA for consideration and decision b) Regarding supervision activity of MoC First, the supervision activity of MoC needs to be conducted more often Second, solutions for quality and skills of MoC in supervision activity c) Regarding the activities of MoC in the field deciding the important issues of the country First, ensure the leadership of the Communist Party in human resource work Second, ensure to implement in accordance with the orientation of the Communist Party on building a socialist-oriented market economy and ensure the appropriateness of policies and important issues of the country with its socioeconomic conditions 4.2.3 Ensure quality and complete standards of the National Assembly 4.2.3.1 Ensure quality of MoC First, right from the preparation of personnel to nominate candidates for the National Assembly, based on the principles of delegate structure, it is necessary to introduce and select those who are qualified for health, competence and knowledge yo be able to well perform the tasks of the National Assembly Resolutely not because of the structure but ignoring the problem of capacity and quality of activities of the National Assembly deputy It is necessary to establish a principle: in case there are many personnel to choose from, if the conditions and criteria of the candidates are similar, it is necessary to establish a priority rule to introduce higher educated people to participate in the nomination of MoC 20 Second, regarding fostering skills and knowledge to serve the tasks of MoC: Further strengthen the training and updating of skills and new knowledge, etc for MoC, especially MoC for the first time participating in the National Assembly 4.2.3.2 Continue to improve the system of criteria of MoC in consistent with practical requirements Criteria of MoC is a prerequisite to improve the quality and activities efficiency of MoC, it is necessary to pay attention to implementing some specific solutions as follows: First, further specifies the criteria of MoC to identify the portraits of the people's representatives in the most accurate and honest way The legal provisions on the criteria of MoC have a wider and deeper scope; contained in the criteria of MoC is a condition of participating and implementing the role and tasks of MoC However, considering the criteria of MoC, the most essential thing is the criteria of "virtue" and "talent" (or capacity, quality) of MoC Second, the thing is closely related to the criteria and MoC is that the deputy structure must be placed in a harmonious relationship when our National Assembly is always deeply representative Therefore, the relationship between criteria and reasonable delegate structure must be satisfactorily resolved in the overall aspect to supplement and support the creation of unity in the action of the National Assembly and MoC However, considering the common interests in this relationship, the criteria of MoC is still the outstanding factor, playing a dominant role By the end, the quality and activities capacity of MoC are the factors deciding the performance of the National Assembly Third, process of organizing negotiation in order to select and introduce candidates for MoC is an activity with special meaning to promote the People's mastery, requiring the process of negotiation to be substantive Fourth, build a criteria system of MoC in the direction of ensuring the harmony and conformity with the component structure of delegates 4.2.4 Promote the nuclear role, improving the activity mode of MoC 4.2.4.1 Promote the nuclear role of MoC in the activities of the National Assembly; strengthen the professionalism and specialization of MoC First, implement solutions to improve the quality of MoC, strengthen the professionalism and specialization in the activities of MoC Continue to strengthen the fulltime MoC, reduce the number of delegates working at agencies in the executive and judicial apparatus, as well as increase the rate of MoC, who are scientists and delegates with qualifications, capabilities and working conditions in National Assembly Second, regarding ensuring the professionalism and specialization of MoC Structure of MoC, the qualification of MoC has been increasingly improved, so the quality of the delegates structure, capabilities, bravery, capacity of activities of the delegate activities capacity has been setting the requirements for innovation that need further research Ensure the professionalism and specialization of MoC, first of all, it must be 21 expressed through the quality of MoC, who is members of the National Council and Committees of the National Assembly In order to avoid the "interference" factor in terms of tasks, powers, or the obligation binding intertwining in case that members of the National Council and the Committees have many people who work on a part-time basis and carry many "role" at the same time, it is necessary to consider applying the following options: (i) Increasing the number of specialized delegates in general and specialized delegates at the National Council and the Committees of the National Assembly in particular is one of the important requirements of organizational reform, improving the activities capacity efficiency of the National Assembly in general and legislative activities of the National Assembly in particular This is also the first step to establish the real basis for separating the Committees with large workloads; (ii) Apply a specialized operating regime for all members of the National Council and Committees On the basis of applicable law, if there is political determination, it is possible to consider applying from the 15th National Assembly 4.2.4.2 Continue to improve the activity mode of MoC First, complete the processes and procedures on responsibility and participation of MoC in the activities of the agencies of the National Assembly and activities at the Delegation of MoC; or when participating in other forms of work organized by the National Assembly and agencies of the National Assembly Second, research to build and issue the code of conduct of MoC soon 4.2.4.3 Improve and innovate activities of voter contact of MoC First, MoC needs to increase the meeting with voters, further increase the high consensus in the aspects of issues communicating together, express the high level of unity in thought and action between MoC and voters while still acknowledge differences with conditions that not affect the overall goal Second, in order to well the tasks of a National Assembly deputy, one of the requirements is that the delegate should keep trust with delegate with the voters When contacting with voters, MoC avoids saying and promising to handle and solve certain works beyond the capability or not in accordance with the authority of MoC, but in fact they cannot actually implement their promises It is not conducive to law enforcement, MoC themselves, nor the prestige of the National Assembly 4.2.4.4 MoC must associate more closely with voters and people First, establishing the responsibility of MoC in regularly keeping in touch with voters Second, in order for voters to supervise and assess the activities of MoC, the prerequisite is that voters and the People must grasp the activities of MoC 4.2.4.5 Have a fuller and stricter mechanism on the responsibilities and activity mode of MoC SCNA may consider issuing a Resolution to regulate the mechanism for voters to dismiss MoC The content of the dismissal order for MoC, in which, the voter is the subject executing dismissal right that may include the following basic contents: + The subject has the right to propose the consideration of dismissal for MoC 22 who no longer deserves the trust of the People: Voters where MoC nominates (with a written proposal of at least 20% of voters in the area); Voters where MoC works and resides (with a written proposal of at least 20% of voters in the area); Central Committee of the Vietnam Fatherland Front (for the specialized MoC who work at central agencies); Provincial Committee of the Fatherland Front (for MoC who work at agencies, organizations and units in the locality) + Research to establish a mechanism for voters to assess the credibility of voters with delegates 4.2.5 Strengthen conditions to ensure the activities of Member of Congress First, organize to equip the basic knowledge of law-building for the delegates to firmly grasp the nature, principles and systems of concept and structure of the legal system, etc in accordance with a methodical and regular program which is suitable for each delegate Second, complete the mechanism for Member of Congress to have favorable conditions in terms of information, materials, advice of experts and scientists, etc for professional tasks, etc Third, regarding income assurance for Member of Congress The PhD Student assumes that the level of payment for the monthly salary of MoC could be considered to be ensured in the direction of not less than VND 30 million per person In addition, it is necessary to have a regime supporting the overall activities of MoC in the process of performing delegate tasks Fourth, continues to consolidate and perfect the assisting apparatus of the National Assembly and MoC Currently, there is an assisting apparatus of the National Assembly's agencies and MoC However, the completion of the assisting apparatus of the National Assembly and MoC needs to be set up regularly CONCLUSION The activities of MoC has a very important meaning to create the efficiency of the activities of the National Assembly It is one of the bases to evaluate the effectiveness and the efficiency of legal regulations on the National Assembly and MoC, on the other hand, reflects the quality and capacity of MoC's activities in the current context On the basis of analyzing the basic theoretical issues about the activities of the Vietnamese MoC and the legal regulations on the activities of the National Assembly, the thesis has continued to argue some issues about the activities of MoC: conceptual system related to the activities of MoC, activity characteristics of MoC, requirements and conditions to ensure the activities of MoC, etc The thesis also studies and draws some activity experience of MoC in some countries in the world and the ability to study and consult selectively in accordance with the actual conditions of Vietnam The thesis establishes a system of theoretical issues about the activities of MoC 23 and at the same time, with a relatively comprehensive assessment of the activity aspects of MoC through several recent National Assembly terms (especially from the 13th and 14th National Assembly) The reality has shown that the activities of the National Assembly are characterized and quantified very much by the activity performance of the two main pillars in the organization and activities of the National Assembly, which are the agencies of the National Assembly and MoC Regarding nature, MoC is really the center in the activities of the National Assembly The quality of activities of MoC has improved markedly, the legal regulations on MoC have many suitable changes to create conditions for MoC to operate However, the activities of MoC still have certain distance in comparison with requirements and demands of the reality From the theoretical and practical issues of MoC, in order to strengthen the activity efficiency of MoC, the thesis proposes views and solutions in both legal and practical activities aspect to ensure activities of MoC, such as: strengthen the leadership of the Communist Party in the activities of MoC; complete the law on the activities of MoC; improve and innovate voter contact activity of MoC; promote the nuclear role of MoC in activities of the National Assembly; enhance the professionalism and responsibility of MoC; perfect the activity mode of MoC; People's supervision mechanism for the activities of MoC, the mechanism for MoC to take responsibility to before the voters and the People; regarding the material conditions, assisting manpower, technical factors, organization of the activities of MoC The solutions have contributed to the process of perfecting the activities of MoC, thereby contributing to innovating organization and activities of the National Assembly in depth, responding to posed practical requirements, especially in the period of promoting the construction and improvement the Socialist Rule-of-Law State of the People, by the People and for the People and implementing the socialist democracy deeply in all areas of social life 24 LIST OF SCIENTIFIC WORKS OF THE AUTHOR RELATED TO THE THESIS Dinh Xuan Thao, Nguyen Thi Hoan (2014), “National Assembly in the Constitution of the Socialist Republic of Vietnam (amended)”, Journal of Legislative Studies, (2 and 3) January, p.19-24 Nguyen Thi Hoan (2015), “Role and characteristic of Member of Congress”, State Organization Research Journal, (2) Nguyen Thi Hoan (2016), “A few thoughts on the criteria for Member of Congress”, Journal of Home Affairs Sciences, (14), p 28-34 Nguyen Thi Hoan (2018), “Activities of Member of Congress at the National Council and Committees of the National Assembly”, Journal of Home Affairs Sciences, (23), p 6-12 Nguyen Thi Hoan (2018), “Further promote the role of experts and scientists in legislative activities”, Journal of Legislative Studies, (9), p 38.41, 64 Nguyen Thi Hoan (2019), “Some issues to build criteria for evaluating the activities of Member of Congress in our country today”, Journal of Home Affairs Sciences, (28), p 79-86 25 ... a written proposal of at least 20% of voters in the area); Voters where MoC works and resides (with a written proposal of at least 20% of voters in the area); Central Committee of the Vietnam... MEMBER OF CONGRESS IN VIETNAM TODAY 4.1 The views to ensure the activities of MoC in Vietnam 4.1.1 Meet the requirements of building the Socialist Rule-of-Law State of Vietnamese 4.1.1.1 Superiority... in the activities of the Committees of the National Assembly; but in fact, the mechanism for other MoC to attend the activities of the National Council and the Committees of the National Assembly