Thể chế hành chính của đơn vị hành chính – kinh tế đặc biệt ở việt nam tt tiếng anh

Research purposes Based on the study of relevant theoretical issues and evaluation of lessons learned in the country, especially in the abroad on administrative institutions in the spec

NATIONAL ACADEMY OF PUBLIC ADMINISTRATION

DINH THANH TUNG

ADMINISTRATIVE INSTITUTIONS

OF ADMINISTRATIVE – ECONOMIC UNITS IN VIET NAM

SUMMARY OF THE THESIS PUBLIC MANAGEMENT

Speciality: Public management

Code: 9 34 04 03

HA NOI - 2019

TRAINING

The thesis is completed at:

NATIONAL ACADEMY OF PUBLIC ADMINISTRATION

Facilitator: Prof Dr Nguyen Dang Thanh

Dr Pham Tuan Khai

Reviewer 1:

Reviewer 2:

Reviewer 3:

The thesis is depended in academy evaluation coisil

Place: Room… Floor… Home……., national Academy of public administration, no 77 Nguyen Chi Thanh, Dong Da, Ha Noi

Can find the thesis at:

- Viet Nam national Library;

- National Academy of public administration’s Library

PREAMBLE

1 The urgency of the topic

Now, in Vietnam, the formation and development of especial administrative-economic units are the urgent objective requirements for administrative-economic development in the process of international economic integration In fact, our country has many favorable conditions to develop world-class special economic zones Vietnam is one of the 10 countries in the world with the highest index of coastline length, so the construction of a number of special administrative - economic units to create growth poles and institutional and policy trials as well as to make fly-wheel to develop the economy is absolutely essential

The policy, views, strategies and the socio-economic development plans on the construction and development of Vietnam's special economic zones have been adopted at the Party's VIII, XII and XI congresses The XII Congress of the Party continued to affirm " to develop some opening economic zones and special economic zones " Particularly, Resolution No 11 / NQ-TW dated 03/6/2017 of the Central Committee of Vietnam Communist Party on the completion of the

socialist-oriented market economy has been defined as: " to build a number of special administrative and economic units with remarkable institutions in order to create extreme growth and experimentation in renovating and perfecting the organizational structure of the political system." To concretize this policy, Political

Bureau promulgated Issue Announcement No 21-TB / TW dated March 22, 1977

on the projects on building Van Don special administrative and economic units

(Quang Ninh province), Northern Van Phong (Khanh Hoa province) and Phu Quoc

(Kien Giang province) The Constitution 2013, the Law on Local administrative

Organization in 2015, provides for a legal framework for the special administrative-economic units’ construction by adding more regulations on special administrative-economic units that were established by the National Assembly; these are applied special economic and social mechanisms with the local administrations

At present, Vietnam has no special administrative and economic units Therefore, there are no administrative institutions reserved for special administrative and economic units The problem is that the requirements for the formation and development of special administrative and economic units are necessary and suitable to objective development requirements Therefore, it is necessary to build models and administrative institutions’ systems on special administrative and economic units In fact, there is no scientific research what has

fully and fully researched on the foundation of administrative institutions for special administrative-economic units in Vietnam However, the requirements for the development of administrative-economic units, especially those of economy, must be free in competition, and the administrative regime must be autonomous and high accountable This means that it is necessary to build a modern, superior and standard administrative institution for special administrative and economic units to meet the developmental requirements in practice

Based on the above reasons, the PhD student selected the topic: “ The administrative institutions of special administrative-economic units in Vietnam” as

a research topic for doctoral thesis in Public Management

2 The research purposes and tasks

2.1 Research purposes

Based on the study of relevant theoretical issues and evaluation of lessons learned in the country, especially in the abroad on administrative institutions in the special economic zones, the thesis will propose orientation and the drafting of administrative institutions of special administrative-economic units in Vietnam

2.2 Research tasks

- To systematize and clarify some theoretical issues about special administrative - economic units, administrative institutions and administrative institutions on special administrative - economic units

- To study the experiences in the special economic zones and administrative institutions for each special economic zone from some countries in the world On that basis, to learn by experiences on foundation of administrative institution for special administrative-economic units in Vietnam

- To propose a number of key perspectives, orientations and solutions to develop administrative institutions for special administrative - economic units in Vietnam in the coming time

3 The research subjects and scopes of the thesis

3.1 Research subjects

The research subjects of the thesis are the theoretical and practical issues of administrative institutions for special administrative-economic units The PhD student studied theoretical and practical aspects of administrative institutions in special economic zones and models of free economic zones and opening economic zones… to clarify above contents

3.2 Research scopes

From the view of public management, the thesis focuses on studying some following important issues: Special Economic Zones and Administrative Institutions in Special Economic Zones in some Countries in the World; Special administrative-economic units and administrative institutions in special administrative-economic units To research into administrative institutions in some special economic zones of some countries in the world with cultural, social, economic and political similarities in Vietnam such as China, Korea, Singapore

in the period from 1970 up to now

4 The Methodology and research method

4.1 Methodology

The studying thesis is based on the theory of Marxism-Leninism, Ho Chi Minh's thought and the system of the Party’s views, guidelines; policies and laws

of the State in the same time also studying the number of works related to the thesis that have been announced; The thesis used a logical and historical dialectical approach to examine and predict the simulation of special administrative-economic units and administrative institutions in special administrative-economic units; The thesis researched into the theoretical and practical issues of some special economic zones in the world to find out the appropriate advantages and propose the development of administrative institutions

in special administrative-economic units in Vietnam

4.2 Research Methods

Based on the historical materialistic methodology of Marxist-Leninist philosophy The thesis used the following specific research methods: Methodology for summing up the practice; statistical – synthesis method; method of analysis - comparison, evaluation; methodology of researching documents; methods of sociological investigation and methods of interviews expert to solve the

ensure the scientific and logical characteristics between issues in each chapter

5 Research questions and hypotheses

5.1 Research hypothesis

units are fully, it will promote the development of special administrative and economic units and at the same time create motivation to develop another regions in the whole country

5.2 Research questions

+ Is it necessary to set up some special administrative and economic units in Vietnam?

+ What important roles do the administrative institutions play in building and developing the special administrative - economic units in Vietnam?

+ What should be done to build the administrative institutions in the special administrative-economic units?

6 New contributions of the thesis

The thesis is the first monographic work on the administrative institutional system of the special administrative-economic unit in Vietnam, so there are some new scientific contributions as follow:

Firstly, providing for systematic presentation and analysis of special administrative-economic units such as the concepts, characteristics and role of special economic units; characteristic of special administrative-economic units

Secondly, analyzing the concept, characteristics and role of administrative institutions in state management in Vietnam Thence, the thesis has affirmed the role of administrative institutions in establishing and developing the special administrative-economic units in Vietnam

Thirdly, suggesting and proposing solutions to build administrative institutions of special administrative-economic units in Vietnam in the coming time, such as the view of establishing special administrative - economic units, Administrative institutions in the organization of administration in special administrative-economic units; Administrative institutions in state management of special administrative-economic units in Vietnam in the coming time

7 The meaning of the thesis

Theoretically, the research results of the thesis contribute to solving some

theoretical issues currently posed like that the thesis enriches the theoretical system

of special administrative-economic units and administrative institutions for special administrative-economic units

Practically: The thesis can be used as a reference for research and

management in policy making agencies, enterprises as well as research and training in institutes, university of law, university of administration and university

of economics

CONTENT

Apart from the introduction, the conclusion, the reference list and the appendix, the content of the thesis "Administrative institutions of special administrative-economic units in Vietnam" is composed of 04 chapters:

Chapter 1: Overview of research situation related to the thesis

Chapter 2: Theoretical bases of administrative institutions in special administrative-economic units

Chapter 3: Current status of administrative institutions in some special economic zones in Vietnam and in the world

Chapter 4: Developing and promulgating administrative institutions in special administrative - economic units in Vietnam

CHAPTER I OVERVIEW OF RESEARCH SITUATION RELATED

TO THE THESIS 1.1 Research works related to special economic-administrative units (special economic zones)

Researches related to administrative institutions and special economic zones have been studied by individuals and organizations inside and outside the country; these research works are published in various forms such as books, scientific essays, seminar, doctoral thesis The author divided them into the following groups:

- Researches on special economic zones, special economic - administrative units such as: Concept, characteristics, position, role

- Theoretical researches on institutions and administrative institutions such

as concepts, characteristics and roles of administrative institutions

- The researches on administrative institutions in special administrative-economic units

1.2 Evaluation of research results related to thesis

1.2.1 The problems have been resolved

These researches have basically resolved a number of points as follow:

To identify some basic theoretical and realistic issues of especial economic zones: concepts, characteristics, roles and administrative institutions of especial economic zones; To generalize the formation and operation process of special economic zones experiences of developing special economic zones in region countries and in the world; to analyze and clarify the situation of special economic zones, impacts of specific policies for special economic zones on socio-economic

development, mainly policies on trade development, promotion of investment, tariff and non-tariff mentioned and drafted some economic zones in Vietnam in recent years; to point out the advantages and limitations; A number of solutions have been put in place to promote the development of special economic zones, to improve policies related to special economic zones, such as policies on trade, import and export, land, investment promotion and upgrading high quality of human resources; policy of investment attraction …

1.2.2 Issues to be resolved

The term “special administrative-economic unit” in Vietnam is a new, so there are not any fully researches on the special administrative-economic unit as well as on administrative institutions of administrative-economic unit up to now, especially in Vietnam

From these assessments, it is possible to see a gap that needs to be clarified

in both theoretical and practical terms That is:

- Theoretical basis for special administrative-economic unit and administrative institutions for special administrative-economic unit

- Since there is no special administrative-economic unit in Vietnam, it is necessary to study practical experiences in foreign countries in order to make theoretical arguments in administrative institutions for special administrative-economic unit To point out achievements as well as limitations and the causes of both in building administrative institutions for special administrative-economic units abroad to apply in accordance with practical conditions in Vietnam

- To recommend opinions and propose the development and improvement of the administrative regime for special administrative-economic units in Vietnam

Chapter II THEORETICAL AND LEGAL BASES OF THE ADMINISTRATIVE INSTITUTES IN SPECIAL ADMINISTRATIVE – ECONOMIC UNIT 2.1 Special administrative-economic unit

Concept of special administrative-economic unit

"Special administrative-economic units established by the National Assembly shall be entitled to apply special socio-economic mechanisms and policies with local administrations organized in conformity with the characteristics, requirements and objectives of socio-economic development in special administrative-economic unit "(Article 74 of the Law on Organization of Local Government - 2015) The special administrative-economic unit is the

geographical area that is defined boundary by the competent State authority, has a

local administration organization in accordance with the characteristics and requirements of the socio-economic development objectives; is given specific management powers over specific policies and administrative institutions and

economic institutions

2.1.2 Characteristics of special administrative - economic units

Firstly, the special administrative - economic units is an very important geographical area, specially, it has not only geo-political and historical meanings, but it is also favorable for the country’s socio - economic development

Secondly, the special administrative - economic unit was established for political, historical, economic purposes Establishing and developing the special administrative - economic unit are in order to achieve fast and sustainable socio-economic development, create the foundation and leading socio-economic power for the region and make a spill in the whole country

Thirdly, the special administrative - economic unit is directly managed by the central government, or assigned to the local government at the provincial or city level under the authority of the law, or the another regulations that are different from the remaining administrative units of the country; it depends on the characteristics of each the special administrative - economic unit

Fourthly, administrative institutions of the special administrative - economic unit, especially special institutions, are suitable for each the special administrative - economic units and different from the rest of the country

Fifthly, the special administrative - economic unit is also the "new policy testing labs" before the widespread application of macro policies throughout the country

2.1.3 Bases of building special administrative – economic units

2.1.3.1 Scientific basis of building special administrative-economic units There are inevitably contradictions for each country and territory in their process of development such as: Conflict between productive forces and productive relations, conflict between dominant and ruled classes; conflicts in the economy itself, the development of science and technology, globalization, international economic integration more and more deeply Applying creatively Marxist-Leninist to development rules makes productive forces to be more developed and promote the foundation new productive relations that will be more suitable These are important scientific bases for the formation of special administrative-economic units in Vietnam

2.2.3.2 Political basis: These are the views, guidelines and lines of the Party

in the establishment and development special administrative-economic units in Vietnam in recent periods

2.2.3.3 Legal basis: It is the system of legal documents in order to

concretize the guidelines and lines of the Party in building and developing special administrative-economic units

2.1.4 Position, role of special administrative-economic unit

Free economic zones play an important role in national economies, especially in developing countries They were established to deal with external economic tasks as well as common missions of the country Beside the role in socio-economic development, special administrative-economic unit is also the driving force promoting socio-economic development in the region and the whole country

2.2 The concept of administrative institutions in special administrative-economic units

2.2.1 Concept of institution and administrative institutions

Institution is the legal system, social rules that regulate relationships and behaviors recognized by the law of a country (rules of the game); Entities implementing and managing operation of the society include the state, the resident community, civil society organizations (players); Mechanisms, methods, procedures for social activities, management and operation of social activities (playing ways)

Administrative institutions are the system of regulations established by the state in legal documents to enforce administrative rights and state administrative organizations to ensure the implementation of such regulations

2.2.2 Administrative institutions of special administrative-economic units

Concept:

Administrative institutions of the special administrative - economic units are general regulations established by the State in the legal documents, creating the legal basis for administration in special administrative-economic units to organize, operate and implement function of society management in it

Components of administrative institutions in special

administrative-economic units:

Firstly, the system of legal documents regulates the tasks, powers, and organizational structure of the special administrative-economic unit This system