Summary of PhD thesis of public administrative Management: The systematization of documents of the sector of education and training

The thesis focuses on researching the DS of education and training sector under the promulgation authority of the Ministry of Education and Training. Besides, it also extends to some documents in the field of the sector promulgated that are not under the authority of the Ministry to clarify the necessity of DSN.

MINISTRY OF EDUCATION AND TRAINING MINISTRY OF HOME AFFAIRS

NATIONAL ACADEMY OF PUBLIC ADMINISTRATION

TONG DUY TINH

THE SYSTEMATIZATION OF DOCUMENTS OF THE SECTOR OF EDUCATION AND

This study is completed at:

NATIONAL ACADEMY OF PUBLIC ADMINISTRATION

SCIENTIFIC INSTRUCTORS

Assoc Prof.PhD LUU KIEM THANH Assoc Prof.PhD CHU HONG THANH

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OPENING

1 Reason to select the study

Topic: “The systematization of documents in education and training” is selected to

research for the purpose of meeting the follwing urgent requirements in theory and practice:

- The document systematization (DSN) of each sector and the field of state management requires that, when conducting the systematization, subjects must have deep understanding of the legal system, must be equipped with necessary skills to perform the task set out At the same time, the systematization needs to be concretized

in a certain scope of operation, especially in the current context when the volume of state management documents (SND) of each sector has been promulgated voluminously

- Currently, document systems (DS) in our country remains limited in both content and form such as: the inconsistency between content of documents, mutual overlap, unsuitability

of many contents compared with real life, moreover, many documents are not legal documents but contain legal norms, which have caused many shortcomings in the state management for ministries and departments

- The education and training sector is considered the "top national policy" As an sector with an annually huge amount of state management documents issued, however, there are many errors in these documents The sector is required to have a DS that is organized scientifically to match the requirements of search and use Therefore, it is necessary to well perform from the construction of documents to the inspection and handling of documents as well as well implement the review and DSN Hence, the DSN of the sector is an indispensable task, it must always be concerned and paid attention

2 Purposes and tasks to research of the thesis

- Propose solutions and conditions to ensure the DSN in the education and training sector with a good performance in order to improve the quality of management and use of documents, thereby, contribute to improving the effectiveness of state management (SM) on education and training for developing the country's education comprehensively

2.2 Tasks

In order to achieve the purposes set out, the thesis needs to perform the following tasks:

- Implement an overview research on the DSN in general and documents of the education and training sector in particular to clarify the meaning of this activity;

- Research the principles and methods of professional requirement of the state management DSN as a basis to approach the DSN of the education and training sector;

- Analyse the characteristics and evaluate the DSN situation of the education and training sector in the process of serving the state management requirements of the Ministry of Education and Training;

- Propose solutions to get a better performance for tasks of the DSN from the sector of education and training to help the use of documents in the operation process of the Ministry

as well as the education and training sector become more effectively in the coming time

3 Objective and scope of the study

3.1 Objective of the study

The thesis' object of the study is the DS of the sector of education and training

3.2 Scope of the study

- About space: The thesis focuses on researching the DS of education and training sector under the promulgation authority of the Ministry of Education and Training Besides, it also extends to some documents in the field of the sector promulgated that are not under the authority of the Ministry to clarify the necessity of DSN

- About content: Analyse and evaluate the DSN situation of the education and training sector at the Ministry of Education and Training At the same time, it is also mentioned that the type of documents that are not legal documents but contain legal norms to show that it is necessary to have a mechanism to review and systemize this type of document

- About time: The topic collects documents for the assessment of the actual situation of the document systematization of the education and training sector in the period from 2008 up

to now

4 Research methods

4.1 Methodological basis

- The thesis is implemented on the methodology of dialectical materialism and

historical materialism of Marxism-Leninism

- The thesis also relies on viewpoints and orientations of the Party and the State on

innovating the state management, building a developmental state to implement

4.2 Specific research methods

- In order to research the theoretical basis of the SMD in general and the SMD for the sector of education and training in particular, the thesis mainly uses methods of researching materials and data

- The thesis uses methods of analysis, statistics, classification and system

- Methods of sociological investigation: implement actual survey through

- Propose to develop a Set of evaluation criteria of the sector's DSN

- The thesis has an important meaning as a scientific basis for the process of developing and promulgating the SMD of the sector in the condition of building a socialist rule-of-law state of Vietnam and building a developmental Government

5.2 Practical contributions

- The thesis indicates the practical basis for competent state agencies to propose solutions for the purpose of improving the promulgating quality of the SMD of the sector of education and training

- The thesis contributes to the research of completing the current law on building management DS for the sector of education, training and ministries and sectors

- The thesis can be used as a reference in researching, teaching in depth on state management documents related to various management sectors and in the DSN of the sector

6 Scientific hypotheses and research questions

6.1 Scientific hypotheses

- Currently, the tasks of building management DS of many sectors, including education and training sector has not been paid adequate attention; many documents contain overlapped rules and inadequate contents; the quality of documents has not met the requirements of state management; the use of legal documents is still ineffective Researches are needed to well implement the sector's DSN, and successfully indicate violations

- The team participating in the work of writing remains limited The research results will help cadres, civil servants and officials of state agencies to have experience in the work of writing when they encounter

- Now, there are many documents that are not legal documents but contain legal norms, they are promulgated beyond the authority prescribed by law If the review and systematization of such documents is conducted, it will certainly help to strictly control and limit the issuance of documents contrary to the sector The arbitrary and abusive phenomena

in promulgating management documents mentioned as above will be limited

6.2 Research questions

The thesis will answer the following questions:

1) The state management DS of the education and training sector is a necessary legal

2) How does the education and training sector affect the management of document quality of the sector as well as the state management of the Ministry of Education and Training?

3) Why need to systematize state management documents in general but not only stop at the legal document system of the Ministry of Education and Training?

4) How to promote the DSN of the sector of education and training ?

7 Structure of the thesis

In addition to the Introduction, Conclusion, Appendix and Reference, the thesis is structured into 4 chapters:

- Chapter 1: Overview of research situation and issues related to the thesis topic

- Chapter 2: Scientific basis of the document systematization in education and training

- Chapter 3: The actual situation of systematizing documents of the sector of education and training

- Chapter 4: Some viewpoints and solutions to strengthen the systematization of documents of the sector of education and training

Chapter 1 OVERVIEW OF RESEARCH SITUATION AND ISSUES RELATED TO THE

THESIS TOPIC 1.1 Studies on systematizing documents

1.1.1 Books, textbooks

- “Organization of evaluation and use of the state management document systems”

of Nguyen Van Tham [75] This book outlines the review and detection of overlaps between guiding documents and guided documents

- The Book of General arguments about the state and the law, Tran Ngoc Duong

[41, page 238-239]: refers to the meaning and purpose of systematizing the law in general This work has mentioned the systematization of legal documents in general way, however, it has not mentioned the DSN of a specific sector

- There are some studies directly related to the state management DS such as Luu Kiem [67, 68, 70] Thanh Nguyen Dang Dung, Hoang Trong Phien [40]; Nguyen The Quyen [51]; Nguyen Van Tham [76, 79] These works have mentioned the classification

of state management documents to serve as a basis for the DSN in reality They research

on the process of review, the DS and methods to implement; the responsibility to review, synthesize and classify reviewing documents; making a list of proposal for handling documents, including: proposals of cancellation, repeal and publication of invalid documents; proposals to amend, supplement or issue replacement documents

1.1.2 Materials of scientific workshops

- Material of the Workshop "Appraising legal documents, reviewing documents, systematizing and codification" at the Vietnam - France Law House, Hanoi, in 1999 [55]

- The workshop of "Experience to compare the codification of some countries in the world" organized by the Institute of Legal Sciences, 2006

Articles at the above workshops showed many viewpoints on how to conduct the codification in Vietnam and some countries in the world

- Regarding the issue researched of this thesis, there are some scientific papers posted on magazines or published in workshops:

+ The article "Completing the legal system to meet the requirements of building a socialist rule of law state", Ha Hung Cuong, Journal of Legislative Studies No 139-140, January 2009, p 20 [39];

+ Basic issues of the Draft of Ordinance on Consolidation of Legal Documents, Department of Criminal - Administrative Law, Ministry of Justice, Summary record of Workshop on Consolidation of Legal Documents held on 03-04/02/2010;

+ The codification on organizing and operating of the National Assembly, National Politics Publishing House, 2009;

+ International experience in codifying and implementing pilot codification in Vietnam - jointly organized by the National Assembly Office and United States Agency for International Development on 10/08/2010,etc

The above authors have given the basic requirements in the process of implementing the systematization, has mentioned the codification work and the codification contents has been mentioned in a specific way

1.1.3 Thesis

PhD thesis of research student - Nguyen Thi Minh Ha with the topic: "The legal

codification on promulgating legal documents" is defenced at the Institute Of State And

Law, Vietnam Academy of Social Sciences - 2007 [42] This thesis has mentioned the task of codification as an advanced systematic direction that is being specially concerned by scientists in recent time and has obtained initial research results

1.2 Studies related to the sector's document systematization

1.2.1 Books, textbooks, materials, magazines

- “Organization of evaluation and use of the state management document systems”

of Nguyen Van Tham in the book of drafting and handling SMD- National Politics Publishing House, 2001 [75]

“Basic issues of state administration and civil service regime”, of the Ministry of

Home Affairs (2016), used for rank promotion exams from specialist to principal specialist, issued by the National Politics Publishing House in 2016 [16]

- “The promulgation of documents on state management” of Nguyen The Quyen (1996), People's Public Security Publishing House, Hanoi, 1996 [51]; “Textbooks of

techniques to build documents” Nguyen The Quyen, Luu Kiem Thanh (2004), People's

Public Security Publishing House, Hanoi, 2004 [52] These works have classified the system of state management documents into three types, including: Legal documents, administrative documents (AD) and specialized documents (SD) The authors focus on reviewing LD, AD, and SD and think that, in these document systems, there are documents containing regulations on management field of a certain ministry or sector

- “The remedy of the disorder in the legal document system” , an article of Assoc

Prof PhD Chu Hong Thanh in the Lawyer Journal No 5/2014 [73], said that the law produced does not go into life as a present risk, many regulatory legislators with no less embarrassment are asking"life must go into the law" Many legal documents with non-practical regulations and proposals causes reactions in public opinion, negative impacts

on social life, leads to the damage of budget and expensive expenses for making policies and building the law

- In general, Federation authors [99; 93; 95; 97],etc also distinguish: document systematization (систематизация документов); legal document systematization (cистематизация правовых актов); administrative legal document systematization (cистематизация норм административного права), ; general legal documents (oбщие нормативные акты) and particular or specialized legal documents (специальные нормативные акты); specialized – technical documents (cпециальные нормативно-технические документы), in which, it can include: LD (нормативные), guiding document (методические) and consulting documents (справочные документы), Thus, Here, the authors have not mentioned issues related to the DSN of a specific sector

- Some Western study authors, such as: Reading beyond Words.1995[100] and The elements of drafting Melbourne.1995 [102] also found that in addition the LD system, there is an objective existence of AD and SD system Although they do not study deeply but they only guide the practice of drafting such documents on the basis of available

“model”, “form”, however, the concept of “specialized documents”, “specialized texts” also mainly indicates specialized “field” of the document, it has not mentioned document system of a specific filed or indystry of management

- “Some solutions to complete document system specialized in Education and

Training” Education Magazine, No 226 (part 2- 11/2009) of Luu Kiem Thanh and

Tong Duy Tinh [74], This article has highlighted the important role in the state management of the group of specialized documents for the Ministry of Education and Training Thus, 8 solutions to build and complete the SD system of the Ministry of Education and Training were proposed

1.2.2 Experience to systematize from some countries in the world

- In China: “The process of re-codification and the structural model of the Civil

Code in China”, Bui Thi Thanh Hang, Do Giang Nam[47], researched and thought

that: the implementation of codification must be prepared carefully , meticulously, not

in a hurry,etc but must be implemented in a public way to have time to debate and criticize in order to find the most effective solution, it will become successful

- In French Republic: “the report of research result of the codification” under the

institutional support project for Vietnam (ISP) [48], said: The systematization is an concept implying both form and content of the construction of legal documents in general, while the codification is only true for a specific act To implement the codification effectively, in addition to other conditions, it is necessary to have a team of

experts and to combine with information technology

- In the United State: “The model of codification of the United States and some

contents of Vietnam can be acquired ” https: // hocluat.vn/ hoa-kien-mot-so- noi-dung-viet-nam-co-the-tiep-thu [91], believed that: The difficulty

mo-hinh-phap-dien-hoa-of systematizing is how to gather all the legal documents related to a specific field and

to rearrange documents in a logical order without errors and omission and it must be faithful to the original documents As a result, by looking at a single book, we can search all the current regulations without finding in many document

1.2.3 Thesis

Building and completing the specialized document system of the Ministry of Education and Training, Tong Duy Tinh [82], the author has initially clarified the basic concept and set out the implementation requirements when building a specialized document system of a ministry, sector and has mentioned the review and systematization of specialized documents for the management field of the education and training sector

1.3 Issues set out for the thesis topic necessary to be done futher research

Thus, from the studies mentioned as above, no work, study has fully mentioned about the DSN of a specific sector or field It can be said that this problem is still left open, it has not been studied in a systematic and comprehensive way both in terms of theory and practice The author's tasks of the thesis is to continue to study the contents

that are still vacant to complete the topic

Chapter 2 SCIENTIFIC BASIS OF THE DOCUMENT SYSTEMATIZATION IN

2.1 Overview of the systems of documents, state management documents and documents of an sector

2.1.1 Documents and the document systematization

- Document is one of the recording media, used to immobilize and communicate information in order to unify the information and make use of them more and more convenient over a wide range [83],

- the document system is a set of documents formed in the operation of an certain agency or agencies and units that relate and influence each other, and have a certain legal relationship or follow a certain characteristics (professional field, area of impact, ) The limitation of the document system is determined by functions, duties, powers and scope of operation of the agency or organization that has created such system in its operation or in accordance with using objectives of managers

2.1.2 State management documents

2.1.2.1 Conception of state management documents

State management documents are management information in writing promulgated

by state agencies according to the certain authority, procedures and order to adjust the administrative management relations among state agencies, between state agencies and organizations and individuals Based on legal status and functions, tasks and powers, different state agencies will issue different types of documents

2.1.2.2 State administrative management documents

State administrative management document is a direct product of state administrative management activities, etc It is important that how such documents has impacted the reality of human life and society, how they are used in practice by organizations If there

is no effective impact, changing the reality of social life in a positive direction, all state administrative management documents issued by any level, sector will be invalid [76]

2.1.2.3 Characteristics of state administrative management documents

The State's competent administrative management documents are promulgated widely, which are a specific legal form of administrative management decisions, they are expressed in written language, issued by the state's competent administrative management subjects in the form and procedures prescribed by the law to enforce law,

2.1.3 System of state management documents of an sector

Documents promulgated in accordance with the management nature of a specific sector, field to manage activities of the sector in association with the professional management tasks assigned may collectively be referred to as the documents of the sector They all have the common legal value of the state management document The system of state management documents of an sector include groups of documents: LD; AD; SD

2.1.4 State management documents in the sector of education and training

State management documents of the sector of education and training closely connect with functions and tasks of the sector to serve the management of the sector Such documents are used to serve the state management according to the functions and tasks

of the sector of Education and Training prescribed by the law The sector's documents are closely linked to tasks, functions and authority of the Ministry of Education and Training

2.2 Document systematization

In order to carry out the document systematization effectively, firstly, we must review documents well, because the results of reviewing documents are the premise of the document systematization Therefore, reviewing and systematizing are two areas with dialectical relationships with each other

2.2.1 Document review

Reviewing legal documents is the review, comparison and evaluation of regulations

of documents reviewed with the documents as a basis to review the situation of economic development in order to detect, handle or propose the handling for illegal, conflicting, overlapping, invalid or irrelevant regulations, Decree 34/2016/ ND-CP [36]

socio-2.2.2 Concept of the document systematization

The systematization of legal documents is the gathering and arranging of legal documents reviewed and validated according to the prescribed criteria, Decree No

34/2016/ND- CP [36]

2.2.3 Purposes of the document systematization

The document systematization is to announce the valid set of the document

enforcement of the law become effective and convenient, to enhance the publicity and transparency of the legal system [ 36]

The ultimate purpose of reviewing and systematizing legal documents is the guarantee for the existence of a legal system that is enough "strength" to realize people's aspirations in a controlled order [50]

2.2.4 Forms of the systematization of legal documents

Systematizing the law is an activity to rectify the law, put it into a certain system It

is also an activity to gather, arrange legal documents that have been reviewed and validated according to the criteria specified in Decree No 34/2016/ND-CP (Clause 6 Article 2) [36]

2.2.4.1 Gathering legal documents

Gathering legal documents is the collection and arrangement of legal documents, separate legal documents in a certain order (in accordance with the promulgating agency, promulgating time and with the level of legal effect) This form does not change the content of the documents, but it eliminates the legal documents that have expired or contradict the legal document with higher effectiveness

2.2.4.2 Codifying the legal documents

Codifying is the activity of a competent state agency, in which, it not only gather available documents in a certain order but also eliminate outdated rules Its result is to have a new legal document, or to get higher, or broader legal effect, to get more general

in the scope of adjustment, more complete in the legislative techniques, or to achieve all those factors at the same time Thus, the codification is very close to the concept of law making (or law building) ”[64]

2.3 Issues about the document systematization of the sector

2.3.1 Legal basis of the sector's document systematization

Building and promulgating documents on state management of all sectors must comply with the provisions of the law: the Constitution, the Law on legal document promulgation, the Government Decree stipulating a number of articles and measures to implement the Law on legal document promulgation , guiding circulars of the Ministry

of Justice, the Ministry of Home Affairs, the Government Office and the Minister in