General Phan Văn Giang, Politburo Member, Deputy Secretary of the Central Military Commission, Minister of National Defense, Works with the Drafting Committee for the Civil Defense Law

To date, the legal normative document system in the fields of military, national defense, and cipher law has been largely completed, creating a legal framework to ensure national defense, security, and protection of the Fatherland. This system guarantees that citizens can fully exercise their rights and duties in defending the nation, while contributing to the effective management of the state, promoting economic development, and maintaining political and social stability. Specifically, the Ministry of National Defense has led the drafting and submission to the Government and National Assembly of many laws and resolutions, such as: the National Defense Law; the Civil Defense Law; the Cipher Law; the Vietnam Border Guard Law; the Vietnam Coast Guard Law; the Reserve Forces Law; the Law on Professional Soldiers and Defense Workers; the Vietnam People’s Army Officer Law; the Military Service Law; the Civil Defense Law; the National Defense Construction and Military Zone Protection Law; the National Defense, Security, and Industrial Mobilization Law; and the National Assembly Resolution on participation in the United Nations Peacekeeping Forces.

However, some military duties remain unregulated by law, such as cyber warfare, the prevention and control of weapons of mass destruction, and global non-traditional security threats. In such situations, the military’s involvement in resolving crises can be exploited by hostile forces due to the lack of legal foundation, highlighting the need to enhance the capacity for drafting legal normative documents.

Characteristics of Drafting Legal Normative Documents in Military, National Defense, and Cipher Law

In addition to general characteristics, laws concerning military, national defense, and cipher have unique features due to the scope of regulation, target audience, and the content of policies concerning national defense, cipher, and military potential. These laws are closely interconnected with other sectors' legal systems and are unified and coordinated within Vietnam's overall legal framework, influencing and supplementing each other to regulate activities nationwide. Some key characteristics include:

1. Form of Legal Normative Documents (LND): These include laws, ordinances, resolutions of the National Assembly, and Standing Committee of the National Assembly; decrees, decisions by the President; government decrees and decisions by the Prime Minister; ministerial circulars by the Minister of National Defense and inter-ministerial circulars with the Chief Justice of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy.

2. Content of LND: Documents in this field often contain state secrets and apply to both domestic and foreign individuals or entities working or residing within the Socialist Republic of Vietnam. The form and process of public consultations for certain legal drafts are carefully managed to protect classified information.

3. Stakeholders: The Ministry of National Defense oversees the drafting of these documents, with several departments, agencies, and units under the Ministry responsible for advising and coordinating with other ministries, localities, and military entities. The main workforce involved in drafting these documents consists primarily of officers from the Vietnam People’s Army, who handle both military and legal responsibilities.

Solutions to Improve the Capacity for Drafting Legal Normative Documents

Resolution No. 27-NQ/TW, Sixth Plenary Session of the 13th Central Party Committee (November 9, 2022) recognizes that the construction of the Socialist Rule-of-Law State in Vietnam has achieved significant successes over the past 35 years of reform. However, it also highlights the challenges that remain in meeting the country's development, management, and defense needs in the new context. The Resolution emphasizes the goal of improving the rule of law system, including the following key solutions:

1. Reform Personnel Selection and Utilization: Personnel work is a crucial part of building the Party and political system. Investment in a high-quality workforce is essential for long-term development. The personnel in charge of legal affairs and lawmaking should be selected based on the requirements of their tasks. Ensuring leaders have solid political will, strong ethics, remarkable abilities, and the courage to innovate and take responsibility is vital. The leadership team must also have excellent professional expertise, a broad perspective, and a deep understanding of law and the military, especially military law.

2. Enhance the Quality of Leadership and Management Personnel: Focus on building a leadership team that meets the demands of national defense tasks. Leaders must demonstrate high moral standards, strong leadership skills, and the ability to handle difficult situations. They must be exemplary figures for their subordinates to learn from, both in professional matters and personal ethics. Leaders should provide guidance on professional skills, ethics, and problem-solving, making them reliable role models for their teams.

3. Enhance the Capacity of Entities Drafting Legal Normative Documents: Agencies and units responsible for drafting LNDs must adhere to the regulations on procedures, timelines, and the authority to issue them. There should be specific, coordinated measures to ensure that the staff involved in drafting and coordinating legal documents are well-trained, professional, and equipped with the necessary knowledge of information technology and digital techniques. Strengthening discipline and responsibility is essential to avoid delays in issuing legal documents.

4. Increase the Role of Specialized Research Agencies: Specialized research organizations should be integrated into the lawmaking process to ensure quality and feasibility. Coordinating with military, legal, and other government agencies is essential for the consistency and quality of military and national defense laws.

5. Ensure Resources for Lawmaking: Allocate sufficient resources for the drafting of LNDs. Establish dedicated departments within agencies and units to handle the lawmaking process effectively. Investing in the training of legal officers and providing the necessary infrastructure will ensure that the legal framework remains up to date and practical. Budget allocations for lawmaking should be made from both state and other legitimate sources.

6. Timely Completion of Legal Documents: Strengthen oversight of the drafting process to ensure that legal documents are completed on time and of high quality. The leadership must directly supervise the drafting process, ensuring that any disagreements are resolved and that the final drafts meet the required standards.

Conclusion

Building and improving the legal system concerning military, national defense, and cipher law is essential for maintaining national security and sovereignty. It provides the legal foundation for the military to execute its missions successfully and contributes to building the Socialist Rule-of-Law State under the Party's leadership. By implementing the aforementioned solutions, the legal framework will continue to evolve, allowing Vietnam to maintain a strong and cohesive defense posture while also ensuring the protection of the rights and interests of its citizens.