Statement

by Nguyen Thi Thanh Ha, Representative of the Socialist Republic of Viet Nam

 at the Sixth Committee of the 63^rd Session of the General Assembly

 on Agenda Item 79
“the Rule of Law at the National and International Levels”

 

New York, 13

October 2008

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Mr. Chairman,

 

My Delegation wishes to express our appreciation for the continued consideration of this important topic by the Sixth Committee. The debates in the 61^st and 62^nd sessions showed that Member States attached great interest in this issue and a lot remained to be done to promote the rule of law in the world, as well as in each country. We thank the Secretary-General for his Report entitled “Strengthening and Coordinating United Nations Rule of Law Activities” in Document A/63/226. We share the views expressed by many delegations that at this session, the Committee should try to reach agreement on ways to facilitate focused discussion on the issue, including by determining the sub-topics to be considered by the Committee in the next session.

 

Mr. Chairman,

 

Viet Nam holds that the rule of law should be upheld at both international and national levels.

 

My Delegation  aligns itself with the Non-Aligned Movement’s position which emphasizes that full adherence to the purposes and principles of the UN Charter and the principles of international laws is indispensable for the preservation and promotion of economic development and social progress, peace and security, human rights and the rule of law all over the world. In this context, my Delegation agrees with the Secretary General that  the 7 principles mentioned in page 8 of his Report should guide our efforts to strengthen the rule of law  at the international level. We commend the United Nations continued efforts and achievements in the progressive development and codification  of international law, as well as in promoting the ratification of and accession to international treaties. We are profoundly concerned that violations of international law have  frequently occurred and the means of accountability are few and weak.  Very often we have seen selectiveness or double standards in the application of international law, which run counter to the very notion of the rule of law. These constitute great challenges to the international order and demand continued commitment and efforts from Member States and all agencies of the United Nations to ensure full respect of international law.

 

At the national level, while different views exist with regard to the definition of the rule of law, or how it should be institutionalized, Viet Nam believes it is most important to ensure genuine participation of the whole population of each country in defining, implementing and safeguarding the rule of law. In our opinion, there is no ready-made model of rule of law that can be applied successfully to all countries in the world. Every nation has the right to work out a model that is suitable to its own conditions and upheld by its own people.

 

We take note with appreciation that the UN is conducting rule of law operational and programmatic support to more than 110 countries and in all regions of the world. Assistance from UN agencies or foreign donors to developing countries in this field is significant and welcomed if the assistance is conducted in respects for national independence, sovereignty and with due attention to the specific conditions of the receipient countries.

 

Mr. Chairman,

 

Since its independence in 1945, Viet Nam has made tireless efforts to build a State of the people, by the people and for the people, in which all State power belongs to the people and is delegated and coordinated among State bodies in exercising legislative, executive and judicial rights. The most recent Constitution was promulgated in 1992, which provides that all State agencies, organizations, the armed forces and the citizens shall strictly abide by the Constitutions and the law. In the span of 22 years since Viet Nam began its comprehensive reform process in 1986, 186 new or revised laws, 153 new or revised ordinances and thousands of administrative or local regulations and directives  have been adopted, providing a legal framework that reflects the aspiration and the will of the Vietnamese people and State. The government is in charge of organizing the implementation of the law and its power is supervised and checked by the National Assembly and People’s Councils. The judicial organs exercise their functions strictly in accordance with the law.

 

Like many developing countries, Viet Nam often finds its efforts to take part in the codification and progressive development of international law, as well as to undertake legal reforms and strengthen the national rule of law challenged by capacity and resource constraints. Viet Nam has received technical assistance from different United Nations entities and international donors to elaborate and implement the National Strategy for the Development and Improvement of Legal System to the Year 2010 and the Strategy on Judicial Reform to the Year 2020.

 

In conclusion, Mr. Chairman, strengthening the rule of law at all levels is indeed a complex and long-term task. It requires strong political will, correct approaches, appropriate coordination and cooperation. The recommendations in Part IV of the Secretary General's Report, therefore, deserve our serious consideration and discussion.

 

            I thank you, Mr. Chairman.