Overview
States are tasked with studying and assessing their current laws and constitutional articles to address urgent issues affecting national security and development However, strict legal requirements can hinder citizens from voicing their opinions to government agencies To promote effective governance and democracy, state officials must develop reasonable regulations and decisions To bridge the gap between citizens and state agencies, public policy advocacy mechanisms have been established, gaining popularity and demonstrating their necessity in political processes worldwide Advocacy involves individuals or organizations persuading agencies to create or modify policies for the benefit of the community Despite potential negative impacts, public policy advocacy has become an essential element of political life.
Public policy advocacy in Vietnam is not as effectively implemented as in other countries, primarily due to the dominance of the Communist Party, which holds exclusive power Consequently, most significant decisions are made by the Party, limiting broader participation in the advocacy process (Pham & Vu).
In Vietnam, the National Assembly, comprised of nearly 80% Communist Party members, serves as the key institution for implementing the Party's policy decisions Unlike in developed countries where public policy advocacy occurs within the Parliament's lobby, advocacy in Vietnam primarily takes place within the "Party lobby."
In contemporary international politics, diverse political institutions and power organization models lead to varying impacts of policy advocacy on regulation across countries However, a commonality exists: in nations where advocacy plays a role in public policy and is supported by a legal framework, the policymaking process is notably more transparent This openness results in greater access to information regarding public policy, ultimately enhancing the quality of decisions made These decisions are often more accurate, as they are informed by comprehensive, multi-dimensional analyses.
To enhance the relationship between the State and its citizens in the exercise of public power, Vietnam is developing a public policy advocacy mechanism, which is essential as the country progresses Although policy advocacy is currently limited in both theory and practice, it is gaining recognition While Vietnam's public policies address various social issues, significant limitations and shortcomings remain in the public policy process and the quality of policy-making This highlights the need for research into the role of the public sector in developed capitalist countries to identify valuable lessons for Vietnam, making the exploration of international experiences a crucial requirement.
According to John Hopkins University (Johns Hopkins University Center for Civil Studies, 2011), which the process of public policy advocacy includes the following steps:
1.Analysis of policy issues; 2 Formulating policy advocacy strategy; 3 Build alliances, deliver policy advocacy messages; 4 Coordinate policy advocacy action; 5 Evaluation of campaign results; 6 Track policy results n
This thesis systematically examines the fundamental aspects of public policy advocacy, including its definition, objectives, and framework It provides a comprehensive evaluation of public policy advocacy, assessing its current status in Vietnam through specific case analyses The study identifies challenges faced in advocacy activities within the country and proposes solutions based on successful experiences from developed nations to enhance public policy advocacy in Vietnam.
Research objectives and questions
This research explores the fundamental aspects of public policy advocacy, emphasizing the necessity of a legal framework to support it It examines the current landscape of public policy advocacy in the United States and France, focusing on the legal dimensions involved, while also providing an overall assessment of public policy advocacy in Vietnam Based on these insights, the author proposes recommendations to enhance public policy advocacy in Vietnam.
- Is public policy advocacy indispensable and if so, how should the State behave to promote positive effect and controlling its negative influence of policy advocacy?
Vietnam can draw valuable lessons from the experiences of developed countries in establishing a robust legal framework and enhancing public policy advocacy By analyzing the specific characteristics of political institutions and the policy-making process, Vietnam can identify effective strategies and practices that have proven successful elsewhere This includes adopting transparent legal structures, fostering stakeholder engagement, and implementing evidence-based policy decisions to better address public needs and concerns.
Research scope
This thesis primarily examines policy advocacy activities in the United States and France while also exploring the concept and expression of policy advocacy in contemporary Vietnam By analyzing insights gained from these international contexts, the study aims to enhance the understanding of policy advocacy in Vietnam today.
US, and France, find suggestions for Vietnam.
Methodology
This study employs an inductive approach to analyze Party documents and State laws, aiming to clarify key issues surrounding public policy advocacy Additionally, it utilizes practical analysis and evaluation to identify emerging trends in policy advocacy within Vietnam.
This article explores the themes and patterns of policy advocacy in Vietnam, analyzing specific expressions to derive general conclusions By employing a comparative approach, it examines the manifestations of advocacy within the unique political contexts of various countries, highlighting both similarities and differences to provide insightful and well-rounded evaluations.
Research structure
In addition to the introduction, conclusion, list of references, the thesis has 3 chapters and 10 sections n
LITERATURE REVIEW ON PUBLIC POLICY ADVOCACY
Literature review
- The research works on theoretical issues
Lobbying is defined as the practice where individuals or interest groups exert pressure on the government to align its actions with their interests (Wasserman, 1997) This concept highlights that lobbyists often include former MPs and individuals with political experience who have established connections with policymakers Additionally, lobbying encompasses both direct and indirect interactions between organized groups and public officials, aimed at influencing policy planning and implementation (Mulcahy, 2015).
Lobbying, as defined in Clause 35 of Article IV of the California Constitution, involves influencing legislative votes through bribery, promises of gifts, threats, or other dishonest methods The California Penal Code's Article 89 categorizes this form of advocacy as a criminal offense, prescribing penalties that range from six months to five years of imprisonment for those engaged in such activities.
Particularly, Luxon (2012) derives from the conclusion of an earlier study that lobbying can exist in many different forms and the most important form is
―information advocacy‖ which is understood as ―persuading policymakers to take concrete action through strategic terms of information to influence debate or policy adoption‖ (Luxon, 2012)
Hunter and Wilson (1991), considers interest groups as the main actors of the political struggle and divides interest groups involved in the political struggle in the US into 15 n
6 large groups based on the interests that these groups represent includes the agricultural production group; cultural activities group; economic development group; financial, insurance and real estate groups; etc
Bennedsen and E Feldmann (2002) emphasize the importance of interest groups advocating specifically towards the legislative branch, viewing legislators as key targets for policy advocacy In contrast, Ainsworth (1997) highlights the significant role that legislators play in the decision-making processes of interest groups, influencing their strategies to achieve desired outcomes.
This collection of studies explores various aspects of public policy and advocacy, including definitions of public policy, the nature of policy advocacy, and the specific subjects it addresses It also examines the methods and means of advocacy, the environmental factors influencing policy advocacy, and the effects that such advocacy has on policy outcomes.
- About public policy advocacy in the developed countries, there are the following works
Holman and Luneburg (2012) examine advocacy regulations, particularly the self-regulation model in the UK Zetter (2008) dedicates a chapter to broader issues, exploring campaign contexts and activities of various organizations across the UK, including the Scottish Parliament, the Parliament of Wales, the Parliament of Northern Ireland, the British Government, local governments, and associated organizations, as well as the legislative and judicial systems.
Vymětal (2015) conducted a comprehensive study using a comparative approach to advocacy regulations, offering valuable classifications based on various criteria This research highlights the regulatory frameworks for advocacy in select European nations Notably, France established a Code of Conduct for Policy Advocacy in its Senate and House of Representatives in 2009, while the UK introduced specific legislation addressing advocacy practices.
Transparency in Policy Advocacy, Non-Party Campaigning and the Law on Trade Union Administration in 2014
In a comparative study on advocacy by interest groups in the US and Canada, Presthus (1974) highlights that, despite variations in political culture and institutional structures, interest groups serve as crucial intermediaries between public power actors and other societal participants across North America This underscores the significant impact of these factors on public policy advocacy practices.
Hunter and Wilson (1991) made an elaborate study of public policy advocacy practice in the United States
The works in this group focus on the following: laws or regulations on advocacy, works that refer to the practice of policy advocacy in developed countries
- The studies refer to recommendations and solutions to promote the positive aspect as well as the effectiveness of public policy advocacy
There are not many works discussing this issue, of which 3 main works by Luxon
Unregulated policy advocacy can lead to significant negative impacts, as highlighted by Mulcahy (2015), Marsteller (2013), and others When there is a lack of ethical boundaries between the public sector and campaigners, decisions may prioritize personal interests over the public good This situation poses serious risks, including environmental degradation, financial system instability, human rights violations, and threats to public health and safety.
- Group of research works on public policy and advocacy in Vietnam
Vu Xuan Tien (2008) defines policy advocacy as the promotion and encouragement of individuals to engage in the research, drafting, and implementation of policies that align with their legitimate aspirations The article identifies five significant challenges that hinder effective policy advocacy.
Policy advocacy in Vietnam faces several challenges that need to be addressed Firstly, the legal foundation for policy advocacy is insufficiently robust Secondly, there is a lack of thorough consultation with the public and business community regarding legal documents Additionally, the agencies responsible for drafting economic and social policies often lack objectivity in their processes and do not adequately incorporate feedback from consultations Furthermore, the existing legal framework for receiving and addressing differing opinions is incomplete and unclear Lastly, the current approach to policy advocacy through public and business consultations has proven to be unfeasible for the coming years.
Vu Thi Nhai (2009) emphasizes the necessity of establishing a fundamental legal framework to support business advocacy activities This framework should address three key aspects: the legal and practical foundations provided by businesses and economic associations, the significance of advisory agencies, and the importance of formulating effective recommendations.
Nguyen Huu De (2014) examines the influence of interest groups on policy-making in Vietnam, highlighting both positive and negative impacts The author identifies the beneficial effects of these groups through their economic, political, and social contributions However, De also warns of three significant negative consequences: the rise of monopolistic and manipulative interests, disparities between powerful interest groups and marginalized ones, and the potential for corruption through bribery of decision-makers.
Dao and Vu (2015) compile 17 essays from global public policy advocacy experts, presented at a seminar of the same name The articles delve into the concepts and practices of public policy advocacy across various countries, addressing its definition, foundational principles, and the roles involved They explore both the advantages and disadvantages of public policy advocacy, along with its methodologies and guiding principles Additionally, the work examines the history and characteristics of lobbying in the Soviet Union and contemporary Russia, as well as public policy advocacy practices in Vietnam, ultimately offering insightful recommendations This comprehensive study stands out as a significant contribution to the field of public policy advocacy.
Advocacy practices and experiences from various countries highlight the initial references to public policy advocacy within Vietnam's legal framework However, the insights shared are primarily based on seminar presentations, lacking depth and persuasive power.
A research group in Vietnam has provided a comprehensive analysis of public policy issues and advocacy within the country, highlighting the shortcomings and challenges faced in policy advocacy due to the unique political system and other contextual factors Their findings include the current foundations of policy advocacy in Vietnam and illustrate various manifestations of advocacy efforts, such as those by non-governmental organizations, Vietnamese enterprises, and government initiatives both domestically and abroad The group has proposed several solutions aimed at enhancing proactive public policy advocacy in Vietnam.
Public policy advocacy concept and basis
In political life, individuals and societal actors often seek to influence state policy processes to ensure that these policies serve their interests or, at the very least, do not harm them This necessity for policy advocacy highlights its fundamental role in governance Definitions of policy advocacy can be categorized into distinct groups.
Advocacy for public policy involves utilizing various methods to influence the policy-making process, aiming to achieve beneficial changes that align with the interests of the advocacy group.
Public policy advocacy involves activities that influence policy-making and is regulated by specific guidelines Nonprofit organizations play a crucial role in shaping public information, policies, and programs, focusing on options for social and political change (Reid, 2000) This approach emphasizes the importance of advocacy efforts undertaken by these organizations.
Advocacy is also defined as active, covert, or unintentional support for a particular policy or group of policies (Lackey, 2007)
Advocacy is a political process undertaken by individuals or groups aimed at influencing decision-making and resource allocation within political institutions or systems This definition highlights the broader context of advocacy as a vital mechanism for shaping policies and outcomes.
12 addition to pointing out the purpose of advocacy is to influence policy decisions, also including the allocation of resources in certain conditions
Policy advocacy aims to influence state agencies by presenting solutions and resources that address specific interests through effective policy changes (Dao & Vu, 2015) The primary goal of this approach is to modify particular interests by shaping and altering policies.
Public policy advocacy is a process that influences governments and government agencies by providing information on the public policy agenda (Zetter, 2008) This concept emphasizes how to conduct advocacy
Advocacy involves efforts to influence public policy through various means, such as sharing information, engaging with decision-makers, and expressing interest in policy changes, all aimed at achieving the desired outcomes in policy reform.
The second group approaches public policy advocacy as a positive activity with the meaning of making the policy process more transparent and effective:
Policy advocacy is the action of solving a problem that causes difficulties, contradictions or impedes the socio-economic development of a country (Casey,
2011) Policy advocacy is a systematic effort to influence decision-makers to create policies that are more suitable with practical conditions
Advocacy involves generating support and fostering consensus to create a conducive environment for addressing specific issues This process is carried out through a systematic approach, where individuals or organizations collaborate effectively to achieve their goals.
According to this group, advocacy in the most common sense is understood as the process of influencing policymakers, decision-makers to create a more appropriate, transparent and effective policy
Another group saw public policy advocacy as an activity with many negative signs: n
Advocacy is perceived as the means by which groups deemed to have negative influence use to challenge and change the laws, policies and governing systems
Advocacy is sometimes perceived as a disruptive force attempting to infiltrate the National Assembly's corridors for manipulation This perspective is reinforced by numerous scandals involving parliamentarians, which have emerged from policy advocacy activities in various countries (Dao & Vu, 2015).
Regardless of the approach, public policy advocacy has the following basic characteristics:
Firstly, public policy advocacy is the process of influencing and influencing policy processes through different modes and means to change policies in a favorable direction for the advocator
Advocacy subjects can be individuals or organizations that either hire others to campaign on their behalf or are directly engaged in conducting the campaign themselves While these roles can overlap, it has become increasingly common for advocacy actors to employ companies or individuals for their campaigns To be effective in advocacy, these actors must possess certain strengths, such as financial resources, relationships, information, and expertise.
Advocacy can target individuals or organizations capable of influencing policy decisions, including government officials, parliamentarians, and expert policy committees It also encompasses professional policy advisory organizations and other institutions with the potential to effect policy change.
Advocacy involves strategic actions aimed at effecting policy change Campaigners must clearly identify the specific policy they wish to alter, the methods for achieving this change, the intended impact on stakeholders, and the most effective approaches to implement their strategies A thorough understanding and resolution of these key questions are essential for a successful advocacy process.
In this thesis, the author presents a cohesive perspective on lobbying and policy advocacy, defining public policy advocacy as a systematic and intentional effort by political actors to influence decision-making by relevant authorities This influence aims to shift policies in a direction that is more advantageous for these actors, contingent upon specific circumstances.
Purpose of public policy advocacy
Advocacy, whether formal or informal, plays a crucial role in influencing decision-makers Although it is not a mandatory part of policy-making, advocacy provides decision-makers with a comprehensive understanding of issues through evidence, opinions, and recommendations from voters and society This behind-the-scenes activity significantly impacts all stages of the decision-making process Policy advocacy involves efforts by individuals, groups, or organizations to directly or indirectly influence state agencies for the benefit of society or specific interest groups Ultimately, the aim is to ensure that valuable government policies, contracts, and projects serve the interests of the advocating group or corporation.
Policy advocacy serves as a crucial link between policymakers and beneficiaries directly affected by policies It involves articulating the needs and aspirations of specific interest groups or corporations to decision-makers By addressing issues, problems, and shortcomings in policy implementation, advocacy can effectively communicate these concerns to policymakers, leading to necessary changes that eliminate barriers and enhance the functioning of both the state and its citizens.
The primary goal of advocacy is to influence policy decisions made by state officials and relevant agencies To effectively achieve this, policy advocacy can engage at every stage of the policy process.
Advocacy plays a crucial role in persuading policymakers to prioritize specific issues for inclusion on the national agenda while also working to prevent other issues from gaining policy attention.
Advocacy plays a crucial role in shaping the policy discussion stage by influencing the selection of policy options and identifying the most optimal solutions once a policy is on the agenda and being debated in the National Assembly.
Advocacy plays a crucial role in the policy decision-making process by facilitating the issuance of essential legal procedures needed for the approval of formal policies Conversely, it can also hinder or postpone the adoption of policies that may be detrimental to the interests of the advocating entity.
Policy advocacy plays a crucial role in the implementation phase, ensuring that the process aligns with its intended goals, particularly when it benefits the involved stakeholders However, advocacy during this stage can also aim to obstruct policy implementation or manipulate the process to serve the interests of the advocates, diverting it from its original objectives.
Advocacy plays a crucial role in the public policy process by providing essential information and analysis that supports advocacy groups in influencing policymakers Its primary aim is to deliver relevant documents and insights to state officials and politicians, thereby shaping decisions that benefit society, individuals, or specific interest groups While advocacy is present throughout the policy-making cycle, its significance is particularly pronounced in the initial stages, where effective communication can drive impactful policy development.
Advocacy plays a crucial role in influencing policy changes, focusing on improving policies, activities, programs, and resource allocation for the benefit of stakeholders The approach to advocacy can vary based on the policy stage: in the absence of a policy, efforts should concentrate on drafting and enacting new regulations; once a policy is established, the focus shifts to fostering a supportive environment for its implementation; and after a policy has been in effect for some time, advocacy may involve advocating for necessary adjustments or even the termination of the policy to better align it with real-life needs.
The Necessity of Legal framework for Public Policy Advocacy
Legal framework for advocacy is needed in democratic institutions:
Laws must be adapted in response to emerging phenomena that become essential or trend-driven To prevent these phenomena from evolving into societal issues, it is crucial to establish regulations that govern them effectively.
Lobbying is deemed illegal in Vietnam primarily due to its potential to foster policy corruption, which is often perceived as occurring "under the table." The implications of policy corruption are significant and easily observable, yet the behaviors associated with it are challenging to identify Dr Nguyen Si Dung, in his 2017 book "Discussing the National Assembly," outlines two key reasons for this difficulty: first, policymaking is inherently political, meaning a policy viewed positively by some may be seen negatively by others; second, the consequences of policies are often unpredictable There is a notable deficiency in our ability to analyze and assess policy impacts within the legislative and policy-making processes.
To effectively combat policy corruption, it is essential to promote transparency and accountability within the policy-making process This begins with the understanding that policies should address significant national issues rather than serve the interests of decision-makers Implementing tools to identify problems and establish priorities for solutions is crucial for fostering an effective and responsible policy environment.
The framework aims to enhance transparency in government decision-making by encompassing all forms of lobbying related to public policy, recognizing advocacy as a legitimate aspect of the democratic process It acknowledges that lobbying is not limited to commercial interests but includes the contributions of civil society and various organizations engaging with public officials Consequently, advocacy regulations should focus on promoting transparency and accountability, reflecting lobbying's essential role in public life.
Lobbying regulation plays a crucial role in shaping public decision-making and ensuring transparency within political systems These regulations establish clear rules that lobbyists must follow to influence public officials and policy outcomes, ultimately safeguarding democratic principles and good governance Importantly, the proposed lobbying regulations focus on promoting transparency and accountability rather than addressing corruption By enhancing public awareness of the decision-making process and the various influences at play, these regulations can bolster public confidence in political systems, strengthen the legitimacy of the political framework, and combat widespread distrust in government institutions.
18 participation in public life and decision-making It is worth considering that civil society organizations have also fought to improve lobbying openness
Lobbying regulations may also help to level the playing field for all parties involved
Increased transparency in lobbying activities empowers citizens, stakeholders, politicians, and civil employees to understand the development of public policy and the dynamics of lobbying relationships This heightened awareness enhances accountability among politicians, ensuring they are more answerable to the public.
The primary aim of advocacy regulations is to enhance transparency in lobbying activities, ensuring that these interactions with public officials are not conducted in secrecy By enabling the public to track lobbyists' communications and their role in decision-making, transparency allows for the clear identification of all interests influencing outcomes This openness helps prevent misconduct and combat corruption, thereby increasing public officials' accountability to citizen demands Ultimately, transparency contributes to a better democratic quality of life and promotes equal access to public decision-making, fostering greater citizen engagement and trust in government institutions.
The author considered it necessary to create a legal framework for policy advocacy, with the goal of making this activity transparent and limiting detrimental social repercussions (corruption)
The need of policy advocacy:
In modern societies, policymakers face diverse and often conflicting interests, making effective policy planning and implementation crucial for redistributing benefits through legal means This responsibility falls on parliamentarians, whose enacted policies primarily focus on public goods However, these decisions can sometimes favor individual interests over the collective good.
The formation of pressure groups arises from individuals with shared interests seeking to influence parliamentary policymaking, particularly when their interests may be threatened Policy decisions represent actions taken or avoided in response to these collective efforts.
Campaigners play a crucial role in influencing parliamentary behavior by participating in policy advocacy activities, which arise from the close relationship between policymakers and beneficiaries Typically, the development of projects, policies, or social plans is based on arguments from legal experts and influential societal members However, due to diverse interests, rights, and socio-economic statuses, not all population groups benefit equally from the policy-making process, leading to some groups gaining significantly while others face negative impacts In response, various interest groups actively lobby policymakers to create favorable norms and incentives or to pursue more effective legislative solutions that balance their benefits against potential harms.
Policy advocacy is essential for empowering citizens to effectively engage in the policy process and exercise their rights While democratic institutions enshrine citizens' rights, many lack the means to fully utilize these rights due to inadequate mechanisms for participation Often, individuals struggle to communicate their views to authorities, relying instead on informal channels through intermediaries This gap highlights the need for policy advocacy as a vital link between the public and the government Such advocacy fosters a democratic dialogue and establishes networks that facilitate communication and responsiveness between non-governmental actors and governmental bodies, ultimately enhancing social development priorities.
20 with each other, especially in the context of limited national resources Therefore, policy advocacy is necessary to establish and select priorities
Advocacy serves to strengthen the power of ruling actors, establishing a symbiotic relationship between policy advocates and government authorities Advocates require beneficial policies for their clients, necessitating collaboration with public actors to influence the policy-making process In turn, public actors depend on advocates for relevant information that enhances the policy procedure Policy advocates control critical information sources, making them essential for documenting issues that public authorities must address Due to their limited capacity to gather information, public power actors rely on advocates to propose solutions, draft laws, and persuade legislative bodies This collaboration not only helps public actors respond to various pressures but also aids in consolidating their power, garnering public support, and enhancing their image for future re-election Consequently, public power actors prioritize building relationships with these experts.
PUBLIC POLICY ADVOCACY IN FRANCE AND IN THE US
Laws on advocacy in the US
The basis for the establishment of the public policy advocacy activities stems from the
The US Constitution, through its First Amendment, guarantees essential personal freedoms, including the right to peaceful assembly and the ability to petition the government for grievances This legal framework not only recognizes advocacy as a fundamental right but also ensures that specific regulations protect these freedoms, reinforcing the importance of individual expression in American democracy.
"petitioning to the government to correct any wrongdoing" This provision is very important for policy advocates
The first act to be applied to advocacy was the Federal Regulation of Lobbying Act of
The 1946 Act mandates that organizations and individuals involved in advocacy must register with the Secretaries of the House and Senate, provide detailed financial disclosures, and submit quarterly reports on their advocacy activities.
The Lobbying Disclosure Act of 1995 regulates lobbying activities within and outside the United States, offering more detailed provisions compared to the 1946 law.
Lobbying activities encompass a range of strategic actions, including planning, researching, and coordinating advocacy efforts aimed at influencing legislative or executive officials These activities involve purposeful communication, both written and verbal, on behalf of a client to establish, modify, or adopt federal laws, rules, or government policies and programs.
24 enforcement management; nominate or confirm individuals to relevant positions within the jurisdiction of the Senate
Advocacy activists are mandated to register within 45 days of initiating their first campaign or being hired for one, ensuring compliance with the regulations set forth by the Secretary of the Senate and the Secretary of the House of Representatives Furthermore, it is essential to publicly disclose information regarding clients, contacts, policy advocacy issues, and compensation details.
To enhance accountability, it is crucial to implement restrictions on policy advocates, specifically by prohibiting Senators and their office staff from accepting gifts or entertainment exceeding $100 per person annually, as well as from participating in privately-funded trips and entertainment.
The law mandates that advocates report biannually to the state regarding their financial compensation from companies, the nature of the gifts received, and their clientele It classifies anyone who lobbies lawmakers and government officials as a policy advocate if they dedicate at least 20% of their time to client representation over six months Additionally, both professional and unprofessional advocates, including those who interact solely with lower-level congressional or state employees, must register; failure to comply can result in fines of up to $50,000.
The Honest Leadership and Open Government Act of 2007 strengthens regulations against gifts valued at $20 or more for Members of Parliament (MPs), including air tickets and holiday trips sponsored by organizations or individuals It mandates that policy advocates must transparently detail their activities and publish this information in the official gazette Violations of these regulations can result in criminal penalties of up to five years in prison.
The Lobbying Disclosure Act Guidance (2008) enforces strict penalties, including fines of up to $200,000 and potential imprisonment for up to five years, for advocates who do not adhere to the required registration and public reporting protocols.
In addition, related to policy advocacy activities are the Internal Revenue Code (IRC) and the Foreign Agents Registration Act (1938 - FARA) This law provides for n
Twenty-five individuals and organizations representing foreign governments must register if they engage in activities such as disseminating political propaganda or influencing American public opinion, particularly when collaborating with U.S government agencies or Congress to plan or alter domestic and foreign policies.
The advocacy policy system in the United States is well-developed at both federal and state levels, with most states implementing their own advocacy laws The effectiveness of federal advocacy regulations is closely linked to the establishment and evolution of state-level regulatory frameworks.
Laws on advocacy in France
In France, prior to the bourgeois revolution of 1789, the rise of capitalism and British influence led to the emergence of groups advocating for the interests of the French people, which gained traction in the Parliament However, the outbreak of the French Revolution prompted the Jacobins to argue for the elimination of corporate interference in public discourse, resulting in the Le Chapelier law of June 14, 1791, which prohibited interest groups from engaging in political discussions This law emphasized a direct relationship between the state and citizens, free from private intermediaries, leading to a lack of public support for advocacy The Jacobin philosophy, influenced by Jean-Jacques Rousseau's belief that personal interests can dangerously skew public policy, is reflected in the French Constitution, particularly Article 3 of the 1958 Constitution, which asserts that national sovereignty resides with the people through their representatives and that no individual or group can claim it While laws favoring private interest groups do not officially exist, their influence persists in practice Nevertheless, the formation of the European Union (EU) has significantly impacted policy advocacy in France.
Article 79 Procedural Law prohibits parliamentarians from using their positions or permitting the use of their positions other than exercising the MP's responsibilities n
26 with specific penalties for noncompliance French parliamentarians are also prohibited from joining personal, local or professional interest groups or groups or making commitments to them in their Parliamentary activities
The French Transparency Organization has released a guide to calculate advocacy costs, aimed at enhancing compliance with the Registration Law of the French Parliament Developed in collaboration with various private sector partners, including professional federations, associations, NGOs, and unions, this guide serves as a comprehensive reference for all organizations It establishes a common standard for advocacy budget reports in parliament and incorporates feedback to adapt to potential future regulatory changes.
The new lobbying regulation in France has been completely enforced since May 1,
In 2018, France implemented the Sapin II package, a transparency legislation adopted on December 9, 2016, which established a regulated framework for lobbying and a mandatory national register for lobbyists known as 'le repertoire.' This register, created on July 1, 2017, requires all active interest representatives to sign up and declare their lobbying activities by April 30, 2018, after registering by January 1, 2018 The 'Haute Autorité pour la Transparence de la Vie Publique' (HATVP) oversees this register, which currently has over 1,000 registrants The new law aims to enhance public accountability and transparency in decision-making processes, reflecting a cultural shift towards accepting lobbying as a profession in France, while closely following the Irish model Prior to the establishment of HATVP in January 2014, only minimal efforts were made to promote integrity and openness in national public institutions.
In January 2014, the Haute Autorité de la Transparence pour la Vie Publique (HATVP) was created to enhance financial transparency in public life, taking over from the previous commission with greater authority and oversight capabilities.
It was created as an autonomous administrative entity with complete power to carry out a variety of functions, including: Avoiding conflicts of interests, Improving transparency in governance
The HATVP is an independent body consisting of nine members responsible for decision-making, including six representatives from France's top administrative bodies and two members appointed by the speakers of both parliamentary chambers, following recommendations from relevant committees The president of the HATVP is chosen by the President of the French Republic.
Jean-Louis Nadal, the former general prosecutor of the Court of Cassation, currently serves as the president of the High Authority To maintain impartiality, all members are appointed through a collegial vote and serve a six-year term that is both non-renewable and irrevocable Additionally, they are prohibited from receiving or requesting directives from the government.
The phased implementation of the law allows affected parties ample time to comply, with lobbying organizations required to register with the French government since January 1, 2018 The first statements documenting previous actions must be submitted by April 30 The authority is responsible for addressing alarms and complaints, and it can request documents through a court order or on-site inspection Non-compliance with legal requirements or failure to adhere to a HATVP order can result in penalties ranging from a €15,000 fine to a year in prison.
The regulation encompasses all lobbying organizations, excluding public agencies, and applies to both foreign entities and individuals who are compensated to advocate for specific interests and engage in related activities.
Law No 2016-1691, known as Loi Sapin II, was enacted on December 9, 2016, to enhance transparency, combat corruption, and modernize economic life in France This legislation builds upon the earlier anti-corruption efforts of 1993 and introduces various measures aimed at increasing transparency in government decision-making and the financial sector Key provisions include the establishment of a legal framework for whistleblowers, mandatory lobby registration accompanied by a Code of Conduct, and the creation of a new anti-corruption agency for enforcement Title II specifically addresses the transparency of interactions between interest groups and government officials, with detailed definitions of relevant activities, public officials, and judgments outlined in a government decree annex.
Influencing public decisions, particularly regarding legislation or regulation, involves contacting public officials at the initiative of interest representation This activity must be documented if conducted frequently or as a primary endeavor, regardless of the organization's location Acceptable communication methods include meetings, phone or video calls, letters, emails, or any private electronic correspondence Although opinion surveys, protests, and monitoring public decisions are not classified as covered activities, they must still be reported in the annual disclosures of registrants Registrants must report the previous year's activities, complete an annual update, and may face suspension or removal from the register for non-compliance.
The Second Sapin Law was introduced to enhance lobbying regulations, as the previous framework was deemed inadequate Prior to the implementation of a mandatory lobbyist registration system, which took effect on July 1, 2017, existing rules lacked this essential mechanism Both the Upper and Lower houses of Parliament maintained a voluntary registration process during this transitional period.
Registering with legislative registries provides individuals access to restricted areas of the Senate and National Assembly Currently, only a limited number of lobbyists hold such registrations under existing laws.
Some comments about the US and France‘s legal framework
Both the US and France require lobbyists to register with Congress, ensuring compliance with mandatory licensing regulations Lobbyists must keep their registration information accurate and up to date, notifying the appropriate agency of any changes Transparency in the decision-making process is crucial, necessitating the disclosure of advocacy actions Timely access to lobbying data is vital for effective public oversight, with most regulatory systems outlining the information that public officials and lobbyists are obligated to publish.
Registered lobbyists are required to keep their information up to date, including their name, address, and phone number, as well as those of their clients They must also provide details on the issues they are lobbying for, identify the individuals or organizations they are engaging with, and disclose any compensation received or owed, along with any expenses incurred during their advocacy efforts.
The following information must also be included in the reports: a Lobbying activities' subject
- the focus of lobbying contacts and communications (specifically, information of targeted areas of public policy or legislation)
- the interests represented or promoted
- the date and amount of each activity cost
- each beneficiary's name and position, as well as a description and an amount
If not the beneficiary, the name of the expense receiver n
30 b The client's or employer's identity
Lobbyists are prohibited from providing legislators or their staff with meals, vacations, or entertainment, as violating these rules may lead to civil and criminal penalties for the lobbyists involved.
There is currently no conclusive evidence linking advocacy regulations to the practical development of this activity This indicates that a lack of stringent regulations does not hinder advocacy from thriving, as seen in the US, nor does an absence of regulations prevent its occurrence However, it is important to acknowledge that establishing robust institutions for policy advocacy can effectively mitigate the negative impacts associated with these activities while simultaneously enhancing the quality of public policy.
Why did the laws get issued?
Lobbying is an essential mechanism that enables effective governance by helping governments manage the diverse interests of their citizens It provides individuals with direct access to government officials, serves as an educational resource, and empowers citizens to amplify their voices through collective action.
Lobbying is often misconceived as bribery, but it is a legitimate practice where individuals or organizations advocate for specific public policy actions through legally registered campaigns Transparency is essential, as the public deserves to know who is lobbying on behalf of whom and for what purposes, making it easier to hold lobbyists accountable for their actions.
Lobbying remains essential due to its many advantages, despite the existing legal frameworks It consolidates individual interests into organized groups, amplifying their voices and ensuring consistent pressure on government legislators, who often have their attention diverted Ultimately, lobbying plays a crucial role in shaping policy and maintaining democratic engagement.
31 provided with expert knowledge of a subject matter on which they may not be adequately educated to provide for their constituents
Lobbying regulations encompass the establishment of a lobbyist registry and the implementation of transparency measures for influence-seeking activities These measures assess the public disclosure of top officials' intentions, the presence of a legislative footprint, and the transparency regarding members of permanent advisory groups.
The Lobbying Disclosure Act (LDA) of 1995 was established by Congress to enhance transparency and accessibility in the lobbying process for the American public Under this law, all lobbyists engaging with the U.S Congress are required to register with both the Clerk of the House of Representatives and the Secretary of the Senate However, mere registration has proven inadequate in preventing some lobbyists from manipulating the system, leading to widespread disdain for their practices.
In 1987, the Wedtech scandal exposed how a small New York manufacturing company secured substantial federal defense contracts through lobbying and bribery, involving legal firms tied to members of the House of Representatives The fallout led to the imprisonment of two House members for bribery and highlighted the need for stronger lobbying regulations Consequently, Congress enacted the Lobbying Disclosure Act of 1995, which clarified lobbyist qualifications and enhanced transparency, enabling citizens to monitor lobbying expenditures by various sectors and interests.
In 2006, public disdain for lobbyists reached its height when Jack Abramoff, a lobbyist for the burgeoning Indian casino industry, admitted to bribing Congressional members, leading to several convictions In response to this scandal, Congress enacted the Honest Leadership and Open Government Act (HLOGA) in 2007, significantly changing the communication practices between lobbyists and lawmakers.
In France, the voluntary lobby registration system, established in 2009, required interest representatives to sign a register to visit Parliament; however, public watchdogs criticized this system for its low registration numbers, deeming it unrealistic This led to calls for a single, reliable registry with mandatory registration, culminating in a proposal for a mandatory registry for interest representatives in 2016.
To prevent unethical behavior in lobbying, the government enhances transparency regarding lobbyists' actions Companies, advocacy groups, and other entities collaborate with Congress and the Executive Branch to influence public policy decisions To safeguard the interests of the general public, there are established laws and ethical guidelines that restrict special interests from lobbying at their expense.
PUBLIC POLICY ADVOCACY IN VIETNAM
Concept of advocacy for public policy in Vietnam
Public policy advocacy in Vietnam is perceived as less effective compared to other countries due to the dominance of the Communist Party, which is the sole political entity in power Major policy decisions are primarily made by the Party, with the National Assembly, composed of nearly 80% Communist Party members, serving to formalize these decisions Consequently, advocacy in Vietnam occurs within the context of "party lobbying," contrasting sharply with the more open parliamentary lobbying seen in Western nations.
Research on policy advocacy is essential due to its recent and sensitive nature, highlighting the need for improvement in this area In recent years, efforts from the entire system, along with support from external institutions, have led to the organization of various seminars and exchanges There is a growing consensus that advocacy involves influencing policymakers and decision-makers to develop more integrated, transparent, and efficient policies.
The success of discussions and scientific seminars on policy advocacy in Vietnam not only fosters a unified understanding of its perception and conception but also emphasizes the critical need for advocacy This analysis highlights two key points regarding the significance and importance of advocacy in the country.
Over the past thirty years of renovation, the development and implementation of economic and social policies in our country have seen progress, yet significant limitations persist Many policies were not adequately suited to their initial contexts, leading to frequent revisions and a fragmented, unsynchronized system Additionally, certain policies lack objectivity and transparency, particularly in areas such as land management, construction investment, and taxation Furthermore, some policies remain inflexible, reflecting a strong influence of centralized planning and bureaucracy.
Subsidies are often slow to adapt to the evolving demands of life, particularly in areas such as labor management, salaries, wages, and social insurance for businesses This lag in policy responsiveness leads to significant limitations, rendering many enacted policies ineffective Given that socio-economic policies operate on a macro level, a poorly designed policy can result in severe repercussions, potentially rivaling the impact of a national economic crisis.
Following Vietnam's accession to the World Trade Organization (WTO), a key commitment is to enhance transparency by requiring the publication of draft legal regulations from the National Assembly, the Standing Committee, and the Government These documents will be made available for public comment for a period of 60 days, ensuring that citizens have the opportunity to provide input before finalization This initiative aims to foster greater public engagement and accountability in the legislative process.
In the realm of economic and social policy-making, it is crucial that enacted policies address the immediate needs of society without delay Prolonged discussions and deliberations hinder progress, emphasizing the importance of timely action in policy formulation.
Policy advocacy is an essential component of political practice, despite not being an official institution As international economic integration progresses, countries are actively engaging in international trade policy advocacy, yet Vietnam's efforts in this area remain limited in frequency and effectiveness This limitation stems from a lack of understanding among Vietnamese enterprises and associations regarding the importance and implementation of advocacy activities To thrive in the international arena, Vietnam must grasp the rules of engagement and leverage them to its advantage Therefore, it is crucial to conduct thorough research on policy advocacy to determine its potential legalization and ensure effective utilization as Vietnam integrates with other nations, especially those where advocacy plays a significant role.
Advocacy plays a crucial role in the policy-making process in the US and other Western nations It is important to differentiate advocacy from bribery, as the distinction can often be unclear To effectively engage in advocacy, it is essential to establish a formal legal framework that clearly defines acceptable practices.
Expression of public policy advocacy in Vietnam
3.2.1 Regulations related to advocacy in Vietnam
The legal framework for civil society organizations in Vietnam's advocacy is supported by various documents, including Law 102/SL 1957, which outlines the right to form associations, the amended Constitution of 1992, Directive 202/1990 from the Prime Minister, and Decree 88/2003 These legal instruments collectively establish the foundation for civil society's role in advocacy within the country.
Article 39 of the Law on Organization of the People's Councils and the People's Committees of 2003 provides for delegates of the People's Council: ―Must have close contact with the voters in their constituencies, subject to the supervision of the voters , has the responsibility to collect and truthfully reflect the voters' opinions, aspirations and recommendations; protect the legitimate rights and interests of voters; implement the regime of contact and at least once a year report to voters on their activities and of the People's Council, respond to requests and proposals of voters "
The Xth Congress of the Communist Party of Vietnam emphasized the importance of the State in enacting and enhancing laws that empower the Fatherland Front and other people's unions to effectively carry out their roles in social supervision and criticism.
The 2013 Constitution of the Socialist Republic of Vietnam emphasizes citizens' rights in the chapter on "Human rights, basic rights and obligations of citizens." Article 28 outlines that citizens have the right to engage in state and societal management, participate in discussions, and provide recommendations to domestic agencies on local and national issues Furthermore, the State is responsible for facilitating these participatory opportunities for its citizens.
36 participate in state and social management; publicity and transparency in receiving and responding to citizens' opinions and recommendations "
The 2014 Law on Organization of the National Assembly and the 2015 Law on Organization of Local Governments delineate the responsibilities of citizen delegates in gathering public opinions Article 28 mandates that National Assembly deputies must receive citizens, address complaints and petitions, and ensure timely communication with the complainants while overseeing the resolution process Additionally, various organizations, including the Vietnam Fatherland Front, are empowered to provide feedback on draft legal documents Citizens and organizations can also propose laws and resolutions to the National Assembly through written submissions or online platforms Furthermore, Party and Government documents emphasize the importance of social supervision, consultation, and constructive criticism, as highlighted by the Central Committee's Decision No 217-QD/TW.
The article discusses the issuance of key regulations by the Vietnam Fatherland Front and mass organizations, specifically focusing on social monitoring and criticism It also highlights the 2007 Ordinance aimed at implementing democracy in communes, wards, and towns, emphasizing the importance of civic engagement and local governance in Vietnam's political landscape.
Current legal provisions regarding policy advocacy activities are insufficient and fail to clearly differentiate between legitimate advocacy and negative practices like corruption and bribery Consequently, there is a pressing need to enhance the legal framework governing policy advocacy to ensure ethical standards and professional integrity.
37 advocacy even if it does not aim to promote it will at least help control negative manifestations of policy advocacy as a practical need in Vietnam today
While the confirmation of public policy advocacy in Vietnam remains uncertain, there is a noticeable increase in advocacy activities and efforts aimed at promoting public policy in the country today.
3.2.2 Advocate for public policies by domestic and foreign actors in Vietnam
Vietnamese enterprises actively engage in policy advocacy, recognizing it as an essential aspect of their development In 2007, the initial efforts to promote this advocacy were marked by seminars aimed at sharing experiences, despite the lack of a clear mechanism for such activities Participants, including associations, entrepreneurs, managers, and researchers, unanimously agreed that "advocacy for public policy is a necessary job and must be considered reasonable."
The "Award Experience in Policy Advocacy of Business Associations" event, co-hosted by the Vietnam Competitiveness Initiative Project (VNCI) and the Ho Chi Minh City Young Business Association, highlights the significant influence of policy advocacy on Vietnam's political and economic landscape Despite its impact, there is currently no established legal framework governing this crucial activity.
In Vietnam, associations emerged alongside the country's evolving economic and political landscape, adapting to changes over the years To safeguard their interests, these associations employ various strategies and methods.
(1) Have personal contacts with people with positions and powers in state agencies or have meetings with senior leaders of the State;
(2) Attend sessions of the Ethnic Council, Committees of the National Assembly;
(3) Working in appraisal groups of state agencies;
(4) Listen to reports on law projects and make recommendations, contribute ideas to participate in law projects; n
(5) Impact through social opinion and mass media
Interest groups in Vietnam strive to protect their members' interests, but their mobilization and influence on state agencies often remain passive, only reacting when their interests are threatened Typically, the goals of these interest groups can clash with community and national interests To effectively advocate for their needs, businesses must take a proactive stance through lobbying and policy advocacy, ensuring that beneficial policies are quickly implemented This proactive approach is essential for the business community, as management often struggles to keep pace with evolving realities, leading to ineffective oversight and delayed policy development Consequently, when management fails to address issues, it often resorts to prohibitive measures, highlighting a persistent challenge within the business sector.
The Vietnam Chamber of Commerce and Industry (VCCI) and various international chambers prioritize trade policies, particularly international trade policy These organizations actively engage in advocacy through submitting petitions, making recommendations, and organizing seminars that involve relevant state agencies.
The Vietnam Chamber of Commerce and Industry (VCCI) effectively utilizes communication tools to influence policy-making They engage in this process by responding to requests from state agencies and initiating their own proposals When state agencies draft relevant documents, they are required to submit these drafts to VCCI, which then shares them with businesses and associations for feedback or offers its own suggestions Many drafts cannot be finalized without VCCI's input, as this is a mandatory procedure for Vietnam's compliance with international standards.
The Vietnam Chamber of Commerce and Industry (VCCI) develops advocacy plans that often include objective reports highlighting existing economic issues in Vietnam and providing recommendations for improvement In collaboration with various NGOs and international organizations, VCCI initiates specific advocacy programs aimed at influencing government policy Notable examples include lobbying for Vietnam's participation in the Extractive Industries Transparency Initiative (EITI) and impacting the negotiation process of the Trans-Pacific Partnership (TPP).