Kiểm soát thủ tục hành chính từ thực tiễn các tỉnh miền tây nam bộ tt tiếng anh

Tasks of the research: 1 Clarify theoretical issues controlling administrative procedures; 2 Assess the current legal status and practice of administrative procedure control in the Sout

VIETNAM ACADEMY OF SOCIAL SCIENCES

GRADUATE ACADEMY OF SOCIAL SCIENCES

The work was completed at GRADUATE ACADEMY OF SOCIAL SCIENCES

Scientific Supervisor: 1 Dr Tran Minh Duc

2 Assoc Prof Dr Nguyen Canh Hop

Reviewer 1: Prof Dr Thai Vinh Thang

Reviewer 2: Assoc Prof Dr Dinh Xuan Thao

Reviewer 3: Assoc Prof Dr Nguyen Hoang Anh

The dissertation will be defended before the thesis review council

of the Academy at the Graduate Academy of Social Sciences at hour minute, day month year

The thesis can be found at:

- National Library of Vietnam

- Library of Graduate Academy of Social Sciences

INTRODUCTION

1 The urgency of the thesis

The reform of administrative procedures is the issue that continues

to be identified by the Party, the Government, and the Prime Minister as a central task of the 13th Government and also a requirement of our country's socio-economic development practices The problem that people and the business community are very concerned about is how to both cut unnecessary procedures and avoid creating new ones This issue first lies in changing the perception of the heads of ministries, branches and localities This requires a new mindset on the relationship between the state and the market; between the state and citizens and businesses on the basis of human rights and citizens' rights in accordance with the 2013 Constitution guaranteed to be realistic, which has become a catalyst for the development, facilitating the promotion of all social resources

To meet this requirement, in 2010, the Government issued Decree

No 63/2010 / ND-CP dated June 8, 2010 on controlling administrative procedures with a view to consolidating and improving the quality of operations of administrative agencies The State strictly controls activities

of issuing administrative procedures, avoiding spontaneity and arbitrariness Process and results of controlling administrative procedures has become one of the key tasks of the administrative reform process The goal that the Party and the State determined to promote the implementation and control

of administrative procedures has become an important task of today's political life The reality shows that failure to control complicated administrative procedures will reduce the trust of the people in the Party and the government, causing difficulties for individuals, domestic and foreign enterprises who want to carry out investment and business activities for economic development If the situation is prolonged, it will cause political instability, drag back the socio-economic development, especially

in the context of extensive international integration today

Currently, there are few comprehensive researches on controlling administrative procedures There is not such research in the PhD project in the Southwestern provinces, Therefore, the PhD student selects the Doctoral

Thesis: "Controlling administrative procedures from practice in the

Administrative Law) with the hope to contribute to a complete theory and practice in this field

2 Objectives and tasks of the research

2.1 Objectives of the research: building scientific arguments to

ensure effective control of administrative procedures in the Southwestern provinces today

2.2 Tasks of the research: (1) Clarify theoretical issues controlling

administrative procedures; (2) Assess the current legal status and practice of administrative procedure control in the Southwestern Province of Vietnam; (3) Identify policies and propose solutions to ensure administrative procedures control in the Southwestern provinces in the upcoming time

3 Object and scope of the research

3.1 Object of the research: (1) Theoretical, legal, and real issues of

controlling administrative procedures (2) experience in controlling administrative procedures of some countries in the world (3) Data and results of controlling administrative procedures in the Southwestern provinces and some localities (4) The Party's policies on administrative reform, reform of administrative procedures, and current control of

administrative procedures

3.2 Scope of the research: (1) Regarding the content: studying the

basic issues of the law on controlling administrative procedures in Vietnam and the Southwest provinces; analyze the current law and practice of administrative-procedure control in the Southwestern provinces; propose solutions to improve the law and methods of operations in the Southwestern provinces (2) Regarding the time: From 2010 to 2017 from the issuance of

Decree No 63/2010 / ND-CP

4 Methodology and research methods

4.1 Methodology: The thesis is based on the methodology of

Marxism - Leninism, Ho Chi Minh thought, the policies of the Party and State on the construction of the Socialist rule of law State, on administrative

reform and reform of administrative procedures

4.2 Research Methods: (1) Methods of analysis and synthesis: This

is used in all chapters of the thesis (2) System structure method: Mainly used in chapters 2 and 3; (3) Comparative juridical method: Used mainly in chapters 2 and 4 (4) Statistical method: Used in chapter 1 and chapter 3

(5) Legal sociological method: Used in chapters 2, 3, 4 (6) Historical method: Used mainly in chapter 3 (7) Method of scientific forecasting:

Used mainly in chapter 4

5 The new contributions of the thesis

Firstly, the thesis clarifies issues of controlling administrative

procedure such as the concept, roles, characteristics and contents Secondly,

it analyzes, evaluates and clarifies the reality, advantages, limitations and

causes in controlling administrative procedures in the Southwestern

provinces Thirdly, viewpoints and solutions are proposed to improve

administrative procedure control in the Southwestern provinces of Vietnam, including solutions to perfect legal institutions, management and administration in the Southwest provinces

6 Theoretical and practical significance of the thesis

(1) Supplement and complete the theory of controlling administrative procedures such as the concept, nature, characteristics and role of administrative procedure control (2) Provide assessments on the advantages and disadvantages of administrative procedure control from the establishment in Vietnam's legal system in 2010 until 2017 (3) Supplement scientific arguments to improve the law on administrative procedures and ensure the effectiveness of administrative procedures (4) Research results

of the thesis contribute to raising awareness (5) The thesis can be used as a reference for research, teaching, propagation, dissemination and education

of laws on controlling administrative procedures

7 Structures of the thesis

The thesis consists of 4 chapters:

Chapter I: Overview of the research

Chapter II:Theoretical issues on administrative procedure control

Chapter III: The reality of controlling administrative procedures in the Southwestern provinces

Chapter IV: Policies and solutions to ensure control of administrative procedures in the Southwestern provinces

Chapter 1 OVERVIEW OF THE RESEARCH 1.1 Overview of the researches related to the thesis topic

1.1.1 The group of theoretical studies

(1) Group of theoretical studies on administrative reform and administrative

procedure reform: General administrative curriculum, published in 1997 [128]

"Vietnam Administrative Law Curriculum" published by Hanoi Open

University in 2013 [pp 274-83]; "Vietnam Administrative Law Textbook", Transport Publishing House, Hanoi, published in 2009 [65]; “Administrative

procedures; Theory and Practice ”[170], National Political Publishing House,

Hanoi (2002); "On transparency of activities of local government" [139] on

Local administrative reform - Theory and practice 1998 [73] and Proceedings

of Scientific Conference of Government Office on Draft Law on administrative procedures, held in Ha Long, July 2007; Proceedings of Scientific Conference

of Government Office contributing to the Draft Law on administrative

procedures, held in Hoi An, March 2008

(2) Group of research works on administrative control theory:

"Researching the status and proposing solutions to improve the quality of

reform and control of administrative procedures at the Ministry of Industry and Trade" published in 2012 [46]; Handbook of operational control of administrative procedures, [52], Curriculum of administrative reform,

controlling administrative procedures of Ca Mau Political School [186];

"Controlling Administrative Procedures in the Implementation of

Administrative Reform Tasks" [110], "Enhancing the capacity of Government officials in administrative reform" [89]; Proceedings of

Scientific Workshop by the National Academy of Politics and Public Administration (Institute of State and Law) - USAID - VNCI (200B), with

the topic "Institutional management and competitiveness in the economic

downturn”[90]; Doctoral thesis of jurisprudence "Implementing the law on handling administrative procedures of the provincial state agencies in Vietnam today" [112]; The group of research works in the form of master's

thesis: "Some theoretical and practical issues about the organization and

operation of the administrative procedure control agency in our country today" [79] "Control administrative procedures in the field of land ” (3) Foreign research work related to administrative procedures control: The article "Success in administrative reform in the UK through

the One in - One out Program" [131]; Jim Winkler's article "Real competence and authority for administrative control agencies" [105]; Pirker, Austrian Federal Chancellery, Dept (2011) MediGuide Verlags Gesmbh Publishing House, 1150 Vcenna

1.1.2 Researches on the reality of controlling administrative procedures:

Doctoral thesis by Nguyen Van Linh "Current law on administrative

procedure control at provincial leve in Vietnam today" [112]; Doctoral

thesis by Tran Thanh Phuong on the topic of "Administrative procedures in

the operation of People's Committee at district level " (2003);

Ministry-level project led by Do Van Coi, 2012 [46]; Article by PhD Ngo Hai Phan, Director of Information Administration Department, Ministry of Justice,

Web Portal 12/8/2016 "Starting from innovation in handling administrative

procedures" [72]; "Report on international experience on the issuance of

administrative decisions" [27] of the Department of Criminal -

Administrative Law of the Ministry of Justice in 2015 In 2011, Vietnam Business Association has proposed trade policies [49]; Project 2 of

Program 909 "on renovating the work of issuing, promulgating and

improving the quality of legal documents" [29], accepted in 2007;

Proceedings of Scientific Conference of the Ministry of Justice within the

framework of Project VE / 02/015-VNCI [30] on "Impact Assessment

Report of the Draft Law on the Issuance of Legal Documents (amended)";

Proceedings of Scientific Conference conducted by the Ministry of Justice

in 2012 [15] on "Requirements in Vietnam - US Bilateral Trade Agreement

and World Trade Organization (WTO) Agreement on administrative procedures” by John Benliley - Chief Legal Advisor of Star Project -

Vietnam "Quality control of administrative procedures through impact

assessment process" [149] by PhD Le Ve Quoc, posted on the Ministry of

Justice Web Portal November 26, 2014 [63]; The article "Controlling

administrative procedures contributes to building a professional, effective and modern administration", Government Information Department in

2015, the article "Controlling Administrative Procedures in implementing

the Reform Tasks" and the article "Quality control of the issuance of circulars at ministries - from the perspective of administrative procedure control" [97] by PhD Ngo Hai Phan, Web Portal Ministry of Justice

November 26, 2014; "Completing the Law on Promulgation of Legal

Documents from the perspective of controlling administrative procedures

in the legislative process" [97] by Le Ve Quoc, Government Web Portal on

November 26, 2014; Special issue of Foreign Investment Magazine,

entitled "Joining hands to reform administrative procedure" in 2002 [66], Nguyen Minh Man's article on "New way to express political

determination"; the article "The key to success is from the head", by Dinh

Van An; the article "The Government needs to continue direct

management" by Le Quoc An; article "The cutter must be strong enough",

by Duong Thu Huong; "3 good, 2 bad" by Nguyen Dinh Cung; the article

"Must remove from the root the conflicts between laws" by Tran Du Lich;

The website of Public Administration Reform - Ministry of Justice with

articles "Controlling administrative procedures to contribute to building a

administrative procedures contributes to building a professional, effective

and modern administration; The control of administrative procedures has contributed significantly to the administrative reform in Thai Binh province; "The control of administrative procedures has significantly contributed to the administrative reform in Ha Giang province" The article

by Nguyen Van Linh, "Control of Administrative Procedures in the

Implementation of the Public Administration Reform Task", was published

in the Journal of State Organization dated May 21, 2013; The article "What

solutions for administrative procedures are suitable for people's hearts",

Online Newspaper (July 25, 2017), Actual situation of administrative procedures; Nguyen Thi Thanh Hoa's Master of Law thesis in 2017 with

the topic "Controlling administrative procedures in the field of land"; The thesis of Master of Law of Nguyen Hung Hue, with the topic "The law on

quality control of administrative procedures in the current phase of developing legal documents in Vietnam" in 2017

1.1.3 The research works proposed solutions for controlling

administrative procedures: The following publications: Vietnam Business

Association, "Trade Policy Recommendations" (2011), "Associations Wanting to Enhance Dialogue" by the Advisory Council of the Project

Committee (30); "Saigon New Port - Great efficiency from simplicity of

administrative procedures" by Dinh Manh, article by Jim Winkler "Real competence and authority for administrative control agencies; Ministry

level project in 2012 by Do Van Coi [46]; Handbook of operational

control of administrative procedures, Judicial Publishing House, Hanoi,

2013 Doctor's dissertation by Nguyen Van Linh "Actual situation on

resolving administrative procedures at provincial State agencies in Southern Vietnam” in 2015; Doctoral thesis of Tran Thanh Phuong on the

topic of "Administrative procedures in operation of district People's

Committee" (2003); The thesis of Master of Law by Nguyen Hung Hue,

with the topic "The law on quality control of administrative procedures in

the current phase of developing legal documents in Vietnam" in 2017

1.1.4 Foreign research works related to administrative procedures

control: The book "State institutions of countries around the world", Judicial Publishing House, Hanoi, 2005; CIEM-GTZ (2008) Review of

business license system - findings and recommendations; Pirker, Austrian

Federal Chancellery, Dept (2011), "Online Administration-Basic Guide to

E-Government in Austria", MediGuide Publisher Verlags Gesmbh, 1150

Vcenna; Gunning (2002), "Understanding democracy - An introduction to

public choice theory" (Understanding democracy - An introduction to

Public choice); written by Tam Vu "Successful administrative reforms in

the UK through the One in - One out Program; Deregulation and Guillontine See Jacob & Assoiate (2007) Improving the Vietnamese legal environment: Screening regulations by the trimming method;

Matsushita M, „Administrative Guidance’ - International Trade and

Competition Law in Japan, Oxford University Press; written by Dr Pham Hong Quang, Administrative Guide on some important contents of the Japanese Administrative Procedure Law and the protection of legal rights and interests of organizations, individuals, Democracy and the law special law number 3/2010; Japan's Administrative Procedure Law, Law of Japan, enacted in 1962, most recently amended on November 12, 1993; China's Administrative Procedure 5 (168, http://www.fl168.com/ReadText- 5858); Introduction to Administrative Law, Gyoseihou Nyumon, Ziyukokuminsya

Publishing; Serving and Maintaining Maintenance: “Improving Public

Administration in a Competitive World" by S Chiavo - Campo and PSA

Sundaram of the Asian Development Bank (National Political Publishing

House, 2003); "Educational Reform in Developing Countries - Education

Reform in the US" and "Education Reform in Developing Countries - Education Reform in the UK" by Lu Dat, Chu Man Sinh, Luu Lap Duc, Chu

Hai Yen - China, Vietnam Education Publishing House, 2010

1.2 General assessment of researches related to the thesis topic

1.2.1 The advantages, and results of the studies

(1) In terms of theory: The research works mostly mention and analyze the theoretical basis of administrative reform, administrative procedure reform and administrative procedure control, in which the contents of the concept, characteristics and meaning of control Administrative procedures are shown quite specifically and are completely developed

(2) In terms of situation: The research works have evaluated and summarized quite sufficiently both the law on administrative reform, administrative procedure reform and administrative procedure control and the actual implementation of this activity

(3) In terms of solutions: The research works are aimed at improving the administrative reform law, reforming administrative procedures and controlling administrative procedures, especially some public authorities propose amendments and supplements to legal regulations

1.2.2 The issues have not been addressed, resolved thoroughly or

remains arguments or debates

(1) In terms of theory: There is still a lot of controversy: Firstly, the

concept of controlling administrative procedures has not been highly unified; Secondly, position, role and nature of controlling administrative procedures also face opposite views The issues have not been mentioned: firstly, the works are only stated in a general, simple way on a number of specific fields; secondly, there are still some issues affecting socio-economic which have not been studied yet; thirdly, the procedures, processes and content have not been discussed in detail; Fourthly, the

factors affecting the effectiveness have not been studied clearly (2)

Regarding the current legal status and practices: They have not been

thoroughly evaluated; Factors affecting effectiveness are not mentioned (3)

Regarding solutions: There is only assessment on the legal status, the

practical application of some subjects, and a number of other issues that

have not been evaluated

1.3 Issues that will be clarified in the thesis

1.3.1 About the theory: (1) Regarding the concept of controlling

administrative procedures: There are still a lot of arguments that will be further studied in the thesis (2) On the inevitability of administrative procedures control: There are researches but they lack the complete system, and comprehensive concept (3) There is no comprehensive research on position, role, content, characteristics, process of implementing

administrative procedure control

1.3.2 Regarding the situation: (1) It has not been fully envisioned, in

terms of law adjustment and law enforcement, the overall model of administrative procedures control (2) There is no comprehensive and specific research work on the content constituents, composition mechanism, assurance conditions leading to the lack of practical bases (3) The administrative control mechanism has not been studied adequately, only at

the mentioned level, there is no profound and specific explanation

1.3.3 Regarding solutions, recommendations: (1) Lack of analysis,

arguments and recommendations to ensure the implementation of the Party's guidelines on controlling administrative procedures to ensure human rights and international integration (2) The common point about the legal model

and the basic legal framework governing the control of administrative procedures has not been clarified (3) The researches are single, unsystematic and the solutions have not yet reached the synchronization and completeness and the persuasion is not high (4) Lack of comprehensive and long-term

solutions to realize the principle of assignment and coordination

1.4 Research hypothesis and research questions

1.4.1 Research hypothesis: Theoretical issues have not been studied

comprehensively in the legal system There is lack of assessment and identifiaction of inadequacies, problems or necessity to build a system of synchronous solutions, ensuring effective implementation in the current conditions

1.4.2 Research questions: Firstly, what theoretical issues need

analysis and clarification to ensure consistency in theoretical awareness?

What is the rationale for evaluating the current situation? Secondly, what is

the current situation of controlling administrative procedures in the Southwestern provinces? What are the advantages, limitations and causes?

Thirdly, what are the guarantee conditions to improve the quality of current

administrative control? Fourthly, what is the solution to improve the quality and efficiency of administrative procedures control in the Southwestern provinces?

Chapter 2 THEORETICAL ISSUES ON CONTROL OF ADMINISTRATIVE

PROCEDURES 2.1 The concept, characteristics, position, and role of controlling administrative procedures

2.1.1 Concepts

(1) Administrative procedure concept: There is a view that:

"Procedure is a way of carrying out a job with a certain content and order, according to the regulations of the State agency" [188 p 927]; "Procedures

are specific tasks that must follow a set order in order to carry out a formal work" [225, p 153] From the perspective of normative procedures,

“administrative procedures are the order and manner prescribed by the administrative law so that the competent State administrative agencies conduct their activities within the scope and field of administrative management The main objective is to implement material norms regulated by administrative laws and other laws' regulations [80- page 67] According to Decree No

63/2010 / ND-CP: “Administrative procedures are the order, method of

implementation, dossiers and requirements, conditions prescribed by State agencies and competent persons to settle a specific work related to individuals and organizations ”[56] including: name of administrative procedures; The

order of execution; how to perform; file; Time limit for settlement; objects of implementation; Implementing agencies; Results of implementation of administrative procedures; Requirements, conditions; Application form,

declaration form; Fees and charges

(2) Definition of administrative procedures: Settlement of administrative procedures is a matter of state agencies and competent persons, examining and clarifying the nature and contents of administrative issues and cases in the correct order and manner due to administrative law to make conclusions or decisions to solve problems, cases in a right, legal and effective manner, meeting the requirements of State administrative management, serving society and people, protecting the legitimate rights and interests of agencies, organizations and individuals [112-page 42]; settlement of administrative procedures "is a system of administrative legal regulations promulgated by competent state agencies and guaranteed to adjust relations arising, as well as ensuring individuals and organizations to exercise their lawful rights and interests, thus contributing to ensuring the order of management activities State management, promoting socio-economic development of the locality and across the country

(3) The concept of controlling administrative procedures: By Doan

Thi Hong Hanh: “Control of administrative procedures is an activity carried

out by competent entities with the content of reviewing, evaluating and monitoring to ensure the legality, feasibility of the regulations on administrative procedures, ensuring full compliance with the principles and requirements in the implementation process of administrative procedures and achieving the set targets [79] ”; Clause 5, Article 3 of Decree No 63/2010 /

ND-CP “controlling administrative procedures is the consideration, evaluation

and monitoring to ensure the feasibility of the administrative procedures, meeting the requirements of publicity and transparency in process of organizing the implementation of administrative procedures ”[56] According

to the author, "Controlling administrative procedures is an activity of

examining, detecting and handling violations in formulating, promulgating and implementing administrative procedures in order to ensure the legality and feasibility of issuing administrative procedures as well as the effectiveness of administrative-procedure implementation"

2.1.2 Characteristics, roles of administrative procedures and control of administrative procedures

2.1.2.1 Characteristics, role of administrative procedures

(1) Administrative procedures are governed by procedural rules, which are the legal basis for state agencies to carry out their functions Administrative procedures are an integral part of the system of normative

procedures

(2) Administrative procedure is a sequence of exercising authority

in state administrative activities

(3) Administrative procedures are very diverse and complicated, as follows: + Implemented by many state agencies and civil servants; + Defining the rights and obligations of the parties involved in the administrative relationship, including the work of the State and citizens

2.1.2.2 Characteristics, role of controlling administrative procedures

(1) Controlling administrative procedures is a content directly related and closely linked to State management activities

(2) Administrative procedures control are closely linked with the administrative reform target, which is a major contributor to the success of administrative reform

(3) Strictly control the issuance of administrative procedures to promote the control of administrative procedures

(4) Improve the operational quality of the apparatus of State administrative agencies, cadres and civil servants; service quality, public administrative services, creating a favorable environment, openness, equality, transparency, minimizing time and costs of administrative procedures; contribute to building a democratic, modern, professional, dynamic and serving administration for the people

(5) Control of administrative procedures has a great impact on promoting socio-economic development, because administrative procedures will help remove administrative barriers for business environment and people's lives, help reduce the risks that people and businesses may encounter in implementing administrative procedures, minimizing the costs