Implementing legislation on democracy in communes, wards and towns in the central highlands

Purpose of researchThe purpose of the thesis is on the basis of theoretical research andpractical implementation of the law on democracy in communes, wards andtowns of the Central Highla

HO CHI MINH NATIONAL ACADEMY OF POLITICS

DO VAN DUONG

IMPLEMENTATION OF LAW ON DEMOCRACY IN COMMUNES,

WARDS, TOWNS OF THE CENTRAL HIGHLANDS

Specialisation : Theory and History of State and Law

Code : 62 38 01 01

SUMMARY OF PHILOSOPHY OF LAW DOCTOR’S THESIS

HA NOI - 2014

The work was completed at Ho Chi Minh National Academy of

The thesis will be defended before the Board of Ho Chi Minh

National Academy of Politics

At…: On May 2014

The thesis can be found for study at the National Library and the

Library of Ho Chi Minh National Academy of Politics

1 Rationales

Central Highlands is an important area in terms of socioeconomic andstrategic status, defense, security and ecological environment After manyyears of legal implementation of democracy in communes, wards and towns,

it has achieved initial comprehensive success but is also facing difficultiesand challenges due to the negative impact of market mechanisms,international economic integration, the limitations and weaknesses in theleadership and management of a number of Party committees and localgovernments A number of party members and civil servants are still not fullyaware of democracy law The violation and hindrance of democracy lawimplementation has occurred In some communes, especially ones in remoteand ethnic minority areas, the implementation has not been carried outconsistently and regularly, failing to meet the requirements of new tasks

In some cases, civil servants have also overlooked or avoided dealingwith the concerns of people due to lack of accountability The policy “peopleknow, people discuss, people do” has not been supervised and implementedspecifically such as land clearance and compensation, budget revenues, landplanning, movement to build new rural areas, the implementation of programs

134, 135, etc., which led to the loss of people's trust in government and theleadership of the Party On the other hand, the Central Highlands havespecific characteristics on population, ethnicity and a part of the populationhas low educational level so citizen obligations have not been done properly.Some even have abused democracy to serve group interests withoutconsidering community and national interests, cooperating with reactionaryFulro organization inside the country and overseas to cause many obstaclesduring the process of democracy law implementation In addition, someprovisions of the democracy law for mountainous areas are not suited topractice and have low level of feasibility, which has affected the effectiveimplementation of the law on democracy in communes, wards and towns

Therefore, the comprehensive research of democracy lawimplementation in communes, wards and towns of the Central Highlands is ofpractical significance and urgency at present situation

With these reasons, I would like to choose the theme “Implementation

of the law on democracy in communes, wards and towns of the Central Highlands” for my Doctoral thesis specialized in Theory and History of State and Law.

2 The purpose and tasks of research

2.1 Purpose of research

The purpose of the thesis is on the basis of theoretical research andpractical implementation of the law on democracy in communes, wards andtowns of the Central Highlands, suggesting solutions to ensureimplementation of the democracy law in communes, wards and towns in theCentral Highlands

- Generalizing the civil law in communes, wards and towns of Vietnamfrom 1945 to present, at the same time assessing the state of the law ondemocracy in communes, wards and towns and pointing out the strengths andits limitations; analyzing specific factors that have impact on implementation

of democracy law; survey and assess the true state of implementation ofdemocracy law in communes, wards and towns in the provinces of the CentralHighlands; draw lessons learned from implementing the law on democraticcommunes, wards and towns in the Central Highlands, advantages,limitations

- Analysis, viewpoints on proposed solutions to common systems andsolutions specifically aimed at ensuring the implementation of the law ondemocracy in communes, wards and towns in the Central Highlandsprovinces

3 Subjects and scope of the thesis

3.1 Subjects of the thesis

The thesis studies in depth theoretical basis and practical issues onimplementation of democracy law in communes, wards and towns in theCentral Highlands provinces from the perspective of Theory and History ofState and Law Based on the purpose of research, thesis focuses on grassrootsparty organizations, governments , Fatherland Front and mass organizations atcommunes, wards, and towns; civil servants and people directly involved inthe implementation of the law on democracy in communes, wards and towns

3.2 Scope of the thesis

For the purpose of in-depth study, the research mainly focuses onassessing the situation and justifying the role and the method to deploy andimplement democracy law in communes, villages and hamlets of five CentralHighland provinces, including Dak Lak, Dak Nong, Gia Lai, Kon Tum andLam Dong from 1998 to present (after the Politburo term VIII issuedDirective No 30-CT/TW dated 02/18/1998 with the focus from 2007 topresent, ie when implementing Ordinance No 34/2007/PL-UBTVQH11 toimplement democracy in communes, wards and towns)

4 Rationale and methods of the research

- The thesis is based on the basic principles of Marxism - Leninism and

Ho Chi Minh’s views, guidelines and policies of the Party and State on Stateand law in general, democracy law in communes, wards and towns inparticular, and reference works related to the subject which have beenpublished

- The research is based on the methodology of Marxism - Leninism;using the methods of scientific research and interdisciplinary approach such

as system methods, logic method, historical methods, analytical methods aggregate, statistical methods - comparison and methods of sociologicalinvestigation These methods are used to clarify the basic content of thethesis, ensure scientific and logical characteristics in solving problems in thechapters of the thesis

-5 New contributions of the thesis

The dissertation is the first work, relatively systematic andcomprehensive on democracy law in communes, wards and towns of theCentral Highlands provinces with some new scientific contributions asfollows:

- Develop concepts of democratic law, implementation of the law ondemocracy in communes, wards and towns presented throughout the thesis;point out some characteristics, implementation forms of civil law in allcommunes, wards and towns; the role, conditions ensuring theimplementation of the law on democracy in communes, wards and towns

- The thesis analyzes and indicates specific factors on naturalconditions, economic, social and cultural impact the process ofimplementing the law on democracy in communes, wards and towns in theCentral highlands provinces Analysis of the results, limitations of the currentstatus of the democracy law in communes, wards and towns in the CentralHighlands; the cause of the advantages and limitations of this reality; 6lessons from the implementation of the democracy law in communes, wardsand towns in the Central Highlands provinces in recent years

- Viewpoints and proposed solutions including general solutions andsolutions specific group to ensure implementation of democracy law incommunes, wards and towns of Central Highlands provinces.

6 Theoretical and practical meaning of the thesis

- In terms of theory

The results of the thesis contributes to addressing some theoreticalissues currently set for implementation activities in self-determination of thepeople at the grassroots level, including theoretical issues on implementation

of democracy law in communes, wards and towns in the Central Highlandsprovinces

- In terms of practical meaning

The thesis can be used as reference for Party committees, localgovernments, Front and mass organizations in the Central Highlandsprovinces to have a basis for planning and directing in comply withdemocracy law in communes, wards, and towns in the Central Highlandsprovinces The thesis will be valuable reference for research and teaching inthe Center for Politics and Political fostering of districts in the CentralHighlands provinces

7 Structure of the thesis

Besides the introduction, conclusion, list of researchers, the list ofreferences and appendices, the thesis includes 4 chapters, 12

Chapter 1 OVERVIEW OF RESEARCH SITUATION IN RELATION WITH THE SUBJECT

1.1 The research situation in Vietnam

Research issues of democracy, democratic law, implementation ofdemocracy law in communes, wards and towns consist of 2 groups: first,research related to democratic and legal law of democracy in communes,wards and towns; second, research related to the implementation of the lawand implementing legislation on democracy in communes, wards and towns

1.2 The situation for international research

Research issues of democracy and democratic legislation,implementing legislation has been studied in details Besides scientists alsohave projects related to democracy and democratic law on the basis ofoverseas research including the following two groups: first, the studyinvolved democracy and law on the basis of democracy; second, the researchwork related to the implementation of the law in general and theimplementation of law on the basis of democracy

1.3 The issues need further study

In terms of theory, the research needs to clarify

- The concept of democracy in communes, wards and towns, the law ofdemocracy in communes, wards and towns - the conceptual tools to study lawconcept of democracy implementation in communes, wards and towns.Besides, legal concept of democracy in communes , wards and towns and thecontent needs to be added to adjust the law on democracy in communes,wards and towns that are not included and should also be further studied andimproved

- The concept of implementation of democracy law in communes,wards and towns, the basics to analyze and clarify the content of the actualreasoning of the law on democracy in communes, wards and towns

- Rationale of the implementation of the law of democracy incommunes, wards and towns, including the characteristics and forms, thefactors affecting the role, the conditions to ensure the implementation of civillaw in communes, wards and towns ; experience in implementation ofdemocracy in communes, wards and towns of the province with somereference value for the Central Highlands

Regarding practical meaning, the thesis should clarify

- Study, assess the process of formation, development, the currentstatus of the democratic law in communes, wards and towns in Vietnam

- Research and analysis to clarify the specific factors affecting theimplementation of the law on democracy in communes, wards and towns inthe Central Highlands provinces

- Analyze, assess the status of implementation of the law of democracy

in communes, wards and towns in the provinces of the Central Highlands inthe forms of law implementation, specify the shortcomings, limitations andthereby determine the cause of the current situation, lessons learned inimplementing the law on democracy in communes, wards and towns in theprovinces of the Central Highlands

From the analysis of theoretical basis and practical implementation ofthe law of democracy in communes, wards and towns in the provinces of theCentral Highlands The thesis develops arguments and specific solutions toensure the implementation of the law of democracy in communes, wards andtowns in five provinces of the Central Highlands

Conclusion Chapter 1

The results of the first study show that there have been many researchworks published inside and outside the country, involving the following basicgroups of problems:

- The research related to performance issues and legislation ondemocratic democracy in communes, wards and townships: the works in thisgroup refers to a number of theoretical issues and practical implementation ofdemocracy in society; content, implementation mechanisms, implementingsome forms of direct democracy; refers to a number of theoretical issues oflaw democracy in communes, wards and towns At the same time at differentlevels of reality works mentioned are the laws of democracy in communes,wards and towns; on that basis, point out the limitations and weaknesses ofthe law and propose measures to improve the law of democracy in communes,wards and towns

- The research related to the implementation of the law andimplementing legislation on democracy in communes, wards and towns: theseworks are mainly studied in terms of implementation of the law andimplementing legislation on democracy in communes, wards and towns; thesuccess, limitations and problems set forth in the construction andimplementation of the law on the basis of democracy in general and localities

in particular

- The works of international and Vietnamese authors study theimplementation issues of democracy, democratic law, implementing the law

on the basis of democracy, having reference value for Vietnam

Chapter 2 RATIONALE FOR IMPLEMENTING LEGISLATION ON

2.1 Concept, regulation content of democracy law in communes, wards and towns

2.1.1 The concept of democracy in communes, wards and towns

Democracy in communes, wards and towns is the form that peopleexercise their right conducted from the commune to village and group level,following the policy: people know, people discuss, people do and peoplecheck and benefit in terms of economy, politics, culture for people at thegrassroots level in certain forms in accordance with the principles and rules oflaw

2.1.2 Legal concept of democracy in communes, wards and towns

Law of democracy in communes, wards and towns is synthesized in thelegal system of legal documents by state agencies issued under the authority

or coordination with other organizations to adjust social relations,contributing to ensuring democracy, socio-economic development and socialstability and order

2.1.3 Content governed by the laws of democracy in communes, wards and towns

Law on the exercise of democracy in communes, wards and townsincludes provisions on the implementation of laws principles of democracy incommunes, wards and towns; regulations implementing the law on the rights

of democracy in communes, wards and towns; regulations on prohibitedbehavior and sanctions for violations of the law of democracy in communes,wards and towns

2.2 Concepts, characteristics, implementation of democracy law in communes, wards and towns

2.2.1 The concept of implementing legislation on democracy in communes, wards and towns

Implementation of the law on democracy in communes, wards andtowns aims to make the provisions of the law on democracy in communes,

wards and towns into actual behavior, expanding and promoting the rights ofpeople, contributing to building a law-governed socialist State.

2.2.2 Characteristics of the implementation of the law on democracy in communes, wards and towns

2.2.2.1 Implementation of the law on democracy in communes, wards and towns conducted by multiple law subjects

Implementation of the law on democracy in communes, wards andtowns is the legal provisions in many different fields, the responsibility ofmany people To make the democracy law effective in communes, wards andtowns, legal entities must be incorporated

2.2.2.2 Implementation of the law on democracy in communes, wards and towns is regularly active, constantly taking place in communes; villages and hamlets and groups

Implementation of the law on democracy in communes, wards andtowns first is still the principle "all state power belongs to the people" butplaced in broader context, namely communes, villages, groups - the residenceand activities of the great majority of the strata This is where people can feelthe reality of their ownership at the commune level, which is not the district,provincial and central government

2.2.2.3 Implementation of the law on democracy in commune, wards and towns have implemented content on all areas of social life

Implementation of the law on democracy in communes, wards andtown has extensive content, including content on all areas of social life,directly related to the rights and interests of citizens to ensure the law isimplemented well in communes, villages and groups Democratic law alsostipulates the construction of rules or social conventions, community,contributed to security and order where villages and hamlets, groups andensuring the peaceful life of people

2.2.3 Legal forms to implement democracy in communes, wards and towns

Legal compliance in implementing the law on democracy incommunes, wards and towns is implementing legal form, in which the legalentity itself is not done to curb the behavior, measures activities of democracylaw in communes, wards and towns which are prohibited, not allowed beingimplemented "Prohibition" in the legal exercise of democracy in communes

is primarily defined in Ordinance Implementing democracy in communes,wards and towns, the Law on Complaints and Denunciation Law, the Law onOmbudsman, Law anti-Corruption, Criminal Law

Second, the observance of the law of democracy in communes, wards and towns

Complying with the laws of democracy in communes, wards and towns

is a form of implementing legislation, in which the entity responsible forimplementing the law, legal obligation by the positive action provisionsOrdinance specified in the exercise of democracy in communes, wards, townsand other legal documents related to the interests and the rights of people.Form of law enforcement is done on the laws and regulations on the principle

of responsibility for the implementation of democracy in communes, wardsand towns

Third, using the law of democracy in communes, wards and towns

Using the law of democracy in communes, wards and towns is a form

of implementing measures, subjects performed legal ownership of their awareness and a positive way, the law of democracy in communes, wards andtowns allowed The subjects using legal forms are numerous classes of people

self-in communes, wards and towns can use the power of the law to follow theirwill

Fourth, apply the law of democracy in communes, wards and towns

Applying the law of democracy in communes, wards and towns is aform of special legislation Accordingly, the State through a competentauthority or authorities for the organization subject to the legal provisions ofthe law of democracy in communes, wards or towns themselves based on theprovisions of the law to create the democratic decision making, change,suspend or terminate the legal relationship in implementing specificlegislation democracy in communes, wards and towns

2.3 Role and conditions to ensure implementation of the law on democracy in communes, wards and towns

2.3.1 The role of the implementation of the law of democracy in communes, wards and towns

2.3.1.1 Implementation of the law on democracy in communes, wards and towns contributes to building up the rule of law and strong grassroots political system

Implementation of the law on democracy in communes, wards andtowns, in particular, the biggest impact is the implementation of the law ondemocratic methods contributing to innovative leadership, executivemanagement towards a democratic, open and transparent, practical stick,overcome bureaucracy, authoritarianism, avoid mistakes, shortcomings oflocal authorities, especially in management and administration Activeimplementation of democracy in coordination with the Vietnam FatherlandFront and mass organizations for capacity building increases prestige,contributing to building a strong base

2.3.1.2 Implementation of the law on democracy in communes, wards and towns contributes to ensuring the legitimate rights and interests of the people

Implementation of the law on democracy in communes, wards andtowns contributes to the realization of the views, guidelines and policies ofthe Party and the state of democracy in practical life of the people at thecommune level The implementation of democratic laws takes place in thefield of legal basis, self-employed people but also for the Party, the State withincreasingly more practical basis for planning policy, improving the law,people are the true creators of history, have the legitimate rights and interestsguaranteed in practice

2.3.1.3 Implementation of the law on democracy in communes, wards and towns contributes to economic development, cultural, social security and maintain political, social order and safety in the commune

Implementation of the law on democracy in communes, wards andtowns as a basis for maintaining political security, social order and safetycontributes to the function of maintaining social order Law forbids all actsthat lack of democracy, affect the rights and legitimate interests of citizens.With the implementation of democratic law, people are discussing anddeciding directly issues of order and security, and building self-regulatoryorganization, the government is responsible for receiving and resolvingcomplaints of Petition to ensure the democratic rights of the people directly

2.3.1.4 Implementation of the law on democracy in communes, wards and towns contributes to the fight against bureaucracy, corruption, waste and other negative phenomena

With legislation implementing democracy at communes, wards andtowns, people have used their ownership to struggle with the negativephenomenon of some people in positions of authority who may have thepower advantage to pursue their own interests Implementation also requiresdemocratic state apparatus to promote administrative reform to serve thepeople better in the direction closest to the people

2.3.1.5 Implementation of the law on democracy in communes, wards and towns contributes to mastering skills, promoting self-management of communities, exercising the right of people employed in the construction of new rural areas

Law of democracy in communes, wards and towns is to institutionalizepeople's right to mastery over all aspects of social life People have beenbased on the legal provisions in social democracy in the sense of gradualtraining, competence, mastery of their skills to practise democracy.Implementation of the law on democracy in communes, wards and towns alsocontribute to people actually perform their ownership in the new rural

construction Construction of new rural area is a content, an important task inimplementing the Resolution of the Party Central Committee X (Resolution26-NQ/TW) in agriculture - rural area - farmers.

2.3.2 These conditions ensure the implementation of the law on democracy in communes, wards and towns

in all fields of social life, it forms the basis of consolidation stance for partymembers, cadres in society, strengthening people's confidence in the Partyand State

2.3.2.2 Economic guarantees

Implementation of the law on democracy in communes, wards andtowns need to be assured about the economy It is the necessary condition offacilities, funding and infrastructure for the implementation of democracy law

in communes, wards and townships in real life The economic developmentprospects of ensuring democracy, economic development will create amiddle-class and will create conditions for highly educated people and it is anew environment to democratization

2.3.2.3 Cultural - social guarantees

Implementation of the provisions of the law on social democracycontributes to the lives of residents in villages and hamlets, groups, solidarityand consensus The ownership of the people in the cultural sector reflectssocial focus on improving literacy levels, cultural life build healthy spirit ofgrassroots and strengthen solidarity in the community, traditional moraleducation, culture, as well as raising political consciousness of the people.This condition is a solid basis to continue to promote the people's sovereigntyand build a strong political system on the commune level

2.3.2.4 Legal guarantees

To bring the law to life, promote efficiency social relations, adjustmentarising during the construction and implementation of democratic laws, wemust first have a system of legal documents on democracy with quality Whenthe level of quality and perfection of the legal system of democracy in