VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES LE MINH HUONG IMPLEMENTATION OF LAW ON GRASSROOTS DEMOCRACY IN STATE ADMINISTRATIVE AGENCIES FROM PRACTICE OF THA
Trang 1VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
LE MINH HUONG
IMPLEMENTATION OF LAW ON GRASSROOTS DEMOCRACY IN STATE ADMINISTRATIVE AGENCIES FROM PRACTICE OF THAI NGUYEN
Trang 2The project is completed at:
Graduate Academy Of Social Sciences
Supervisor: Assoc Prof Dr Bui Thi Dao
Dr Tran Kim Lieu
Reviewer 1: Assoc Prof Dr Nguyen Thi Viet Huong
Reviewer 2: Prof Dr Nguyen Minh Doan
Reviewer 3: Assoc Prof Dr Le Thi Huong
The thesis is defended before Board of thesis examiners at Academy-level met in at hour minute, date month year
The thesis can be found at:
National Library
Library of Graduate Academy of Social Sciences
Trang 3PREAMBLE
1 Urgency of the subject
Vietnam is on the path of building a SOC rule of law state of the people, by the people, for the people, and building SOC democracy It should also be spread into a democracy movement in Vietnam
SAA is a facility where democratic activities take place In the SAA, the people who implement the law on GD are all subjects, from managing subjects to cadres, civil servants and workers Each subject has rights and obligations corresponding to its position and role In the SAA, the effective implementation of the law on GD can create a democratic working environment, promote the strength of workers, unite all people in the agency; against the situation of "lack of democracy", "anti-democracy", abuse of power and imposition of some individuals (especially individuals holding important positions in the agency); restricting the status of group benefits and faction in the agency; is the basis for building "service administration", providing the best public services for people A SAA without democracy in organization and operation will be an environment to nurture "revolutionary officials", corruption, bureaucracy
In recent years, the SAA in general and the SAA in Thai Nguyen province in particular have paid attention and focused on the implementation of the law on GD in the agencies Many administrative offices have created an open, democratic environment, creating motivation for CCS to maximize their capabilities and increasingly attach to the agency However, the reality shows that there are still many problems and limitations for the implementation the law on GD in general and in the SAA in particular There are still many undemocratic manifestations in the system of SAA, affecting the building of a democratic environment in agencies
Trang 4Speeding up the implementation of the law on GD in the SAA in the current period is both a task and a need of the SAA and CCS in the agency The expansion of democracy will not only contribute to building a stronger SAA but also help CCS be promoted their ability, intelligence and strength to devote to the work
2 Research purposes and tasks of the thesis
2.1 Research purposes
On the basis of clarifying the theoretical issues on the implementation of the law on GD in the SAA and the reality of law implementation in the SAA in Thai Nguyen province, the thesis aims to propose solutions to strengthen the implementation of the law on GD in the SAA in the current period
2.2 Research tasks
- From understanding the research works of domestic and foreign authors on the implementation of the law on GD in the SAA, evaluating the overview of research issues in terms of theory, current situation and solutions; Since there, draw out the contents that have been thoroughly studied, can inherit, the contents still need to be further studied and clarified in the thesis
- To clarify theoretical issues related to the thesis subject, unify the concept of "implementation of the law on GD in the SAA"; to study the content, implementation form and issues of ensuring the implementation of the law on GD in the SAA
- To study the actual situation of implementation of the law on
GD in the SAA in Thai Nguyen, to analyze the achieved results, limitations and causes
- To propose solutions to enhance the implementation of the law
on GD in the SAA in accordance with reality
Trang 53 Research object and scope of the thesis
- Research object: The research object of the thesis is a matter of the implementation of the law on GD in the SAA; activities of the implementation
of the law on GD in the SAA
- Research scope
About space: In the SAA; in particular, the research space is the SAA
in Thai Nguyen province
About time: The thesis conducts research and data collection over a year period (from 2015 to 2019)
5-About content: The thesis focuses on studying the implementation
of the law on GD in the local SAA, including People's Committees at all levels and departments, divisions and boards
4 Methodology and research method of the thesis
4.1 Methodology
The thesis is based on the methodology of historical materialism, dialectical materialism; Marxism-Leninism, Ho Chi Minh ideology, the Party's views on democracy, implementation of the law on GD in the SAA
4.2 Specific research method:
Methods of historical research; integrated approach; comparative method; analytical method
5 New contributions to the science of the thesis
The thesis contributes to clarify some theoretical contents of the implementation of the law on GD in the SAA: building up the concept of the implementation of the law on grassroots democracy in the SAA; to point out the content, form, characteristics, roles and factors to ensure the implementation of the law on GD in the SAA
The thesis initially assessed the current status of the implementation of the law on GD in the SAA in Thai Nguyen in recent years and practical
Trang 6guarantees for law implementation; pointed out and analyzed the causes and influencing factors leading to the achievement and limitations in the implementation of the law on GD in the SAA
The thesis stated and analyzed the needs and proposed solutions to enhance the implementation of the law on GD in the SAA in the current period
in Vietnam in general and Thai Nguyen province in particular
6 Theoretical significance and practical significance of the thesis
- Theoretical significance: The research results contribute to
clarify some theoretical issues about the implementation of law on GD in the SAA that the previous studies have not clarified such as the concept, characteristics, the role of the implementation of the law on GD in the SAA, ensure the implementation of the law on GD in the SAA ; enrich theoretical contents on the implementation of the law on GD
- Practical significance: The thesis identifies posed issues and
basic solutions system to promote the implementation of the law on GD in the SAA in the coming time The thesis can be a reference for managers in the process of organizing the implementation of the law on GD in the SAA
7 Structure of the thesis
In addition to the Preamble, Conclusion and Reference, the thesis consists of 4 chapters
Trang 7Chapter 1 OVERVIEW OF RESEARCH SITUATION
The number of research results related to the thesis subject is large, including domestic and foreign research, approach and exploitation
of issues from different directions, many different aspects, providing important knowledge about democracy, GD, law on GD, democratic implementation, GD implementation, improving the effectiveness of the law on GD in the SAA
In addition to studying and clarifying theoretical issues about democracy and grassroots democracy, direct democracy, the author also focuses on the implementation of the law on grassroots democracy in a certain specific locality or area (plain area, mountainous area, rural area), drawing a colorful picture of the implementation of the law on GD in Vietnam; shows that the implementation of the law on GD in Vietnam has made many achievements, contributing to bringing true ownership to the people The research projetcs also focus on summarizing practices, assessing the status of the implementation of the law on GD and proposing solutions to improve the quality of of the implementation of the law on
GD in the next period Among them, the implementation of the law on GD
in communes, wards and towns is the most exploited content
However, there are still contents that the authors have not studied thoroughly such as: There are very few researches on GD in the SAA and
the implementation of the law on GD in the SAA; No author has completely developed the concept of implementation of the law on GD in the SAA, characteristics and issues of ensuring the implementation of the law on GD in the SAA No project has focused on separate research on the situation as well as proposing solutions to implement the law on GD in the
SAA
Trang 8Issues for research, research question, research hypothesis
Issues for research include:
- Clarifying concepts and characteristics of the implementation of law on GD in the SAA, showing the similarity and difference between the implementation of law on GD in the SAA in communes, wards, towns and enterprises; the role of the implementation of law GD in the SAA and issues related to ensuring the implementation of law GD in the SAA
- Showing contents and forms for the implementation of law on
GD in the SAA; ensuring the polical, legal and social aspects, etc for the implementation of law on GD in the SAA
- Actual situation of the implementation of law on GD in the SAA
in Thai Nguyen province and solutions to enhance the implementation of the law on GD in the SAA
The thesis should focus on clarifying some research questions as follows:
- What is the implementation of law on GD in the SAA?
- What is the specific content about the implementation of law on
GD in the SAA? How is the content done? What factor is the content assured for implementation by?
- What is the practice in the implementation of law on GD in the SAA in Thai Nguyen province in recent years? Achieved result, limitation and cause?
- What is the solution to enhance the implementation of law on
GD in the SAA in Thai Nguyen province?
Based on the research question, hypothesis in this research:
- The implementation of law on GD in the SAA is a process attended by agencies and organizations, which is clearly determined through the leadership activities, providing specific guidance to implement law, organizing the implementation of law and implementing law based on
Trang 9subjects; The implementation of law on GD in the SAA requires the participation of many new subjects for better performance, especially CCS; claims a comprehensive aspect on economy, politics, society, etc
- The implementation of law on GD in the SAA is increasingly paid attention; gaining many achievements in enhancing democratic relations in the agencies However, there are still many existing limitations which originate from many causes, among which, the main cause is CCS
- To enhance the implementation of law on GD, it is required a comprehensive solution system, from economical solution, political solution, legal solution, etc., to specific solutions for different subjects such as the Party’s organizations, socio-political organizations in agencies,
heads, CCS in agencies, etc
Trang 10Chapter 2 THEORIES OF IMPLEMENTATION OF THE LAW ON GRASSROOTS DEMOCRACY IN STATE ADMINISTRATIVE
AGENCY 2.1 Concept of implementation of the law on grassroots democracy in state administrative agency
2.1.1 Grassroots democracy and law on grassroots democracy
- Democracy and grassroots democracy
Democracy is the power that belongs to the people, is a form of state organization, a political - social regime, in which legal recognition of basic human rights (freedom, equality) Democracy is also a way to exercise the rights of citizens, a way to legally and effectively implement the organization's activities Democracy is understood as the rights of communities and collectives but also understood as the rights of individual citizens
GD means the people are the owners, the people are the masters in the communes, wards and towns; SAA and non-business units; enterprises, cooperatives through the implementation of the right to know, the right to discuss, the right to participate, decide and supervise In which,
"grassroots" are understood as units at the bottom of all administrative levels (grassroots - commune level), where labor, production activities are carried out (at offices, units, schools, hospitals, enterprises )
- Law on grassroots democracy
The implementation of GD is conducted in accordance with the law on GD The law on GD is a system of rules of conduct issued by a competent state agency, which recognizes people's ownership of grassroots level, the organization and implementation of GD; to ensure real ownership of citizens in different types of facilities
Trang 11Law on GD exists as a system These include general legal documents governing democracy (such as the Constitution, related laws ) and separate legal documents specifically for GD with each other
"grassroots" type (Eg: SAA; communes, wards, towns; enterprises, cooperatives) In which, the SAA is one of the "grassroots" type that takes place in implementation of the law on GD, according to the law on GD in the SAA
2.1.2 Law on grassroots democracy in state administrative agency
- State administrative agency
Within the scope of the thesis, the research focused on the SAA is People's Committees at all levels (provincial, district and communal levels) and SAA with professional competence in localities including departments and equivalent units; divisions and equivalent units Along with the state competent SAA, the specialized SAA are also the facilities where the law on the GD is implemented
- Law on GD in the SAA
The law on GD in the SAA has a very wide scope of regulation, reflected in all areas of state management of the SAA; It is in various documents, from the highest legal document that is the Constitution, to the legal documents, sub-legal documents, issued by competent agencies from central to local
The content of the law on implementing GD in the SAA focuses
on stipulating principles and mechanisms of exercising democracy in the operation of the SAA, the functions, tasks and powers of the SAA and the matters of supervision, inspection and control the performance of duties and powers of the heads and competent persons in the SAA; provisions on the implementation of democracy in the SAA include CCS exercising the right to ownership in the SAA (performing their obligations, performing their rights to know, be discussed, done, inspected, supervised ) with the
Trang 12order, procedure, form, manner and condition of implementation; The SAA exercises ownership in the relationship with the superior and subordinate agencies
2.1.3 Implementation of the law on grassroots democracy in state administrative agencies
- Concept: The implementation of the law on GD in the SAA is the process of actually implementing the provisions of the law on grassroots democracy in the SAA, reflected through the exercise of the rights to know, be discussed, done, inspected, supervised of CCS; thereby, promoting the ownership of CCS in the agency, promoting creativity in the organization and operation of the SAA, meeting the requirements of building the socialist rule-of-law State of the people, by the people and for the people under the leadership of the Communist Party of Vietnam
- Characteristics of implementation of the law on GD in the SAA:
The implementing subject has a high and uniform legal knowledge and a sense of exercising the right to ownership; Always go hand in hand with ensuring administrative order, ensuring the principle of democratic centralism and obedience orders; To comply with legal regulations; associated with the performance of functions and tasks of the agency; To pay attention to direct democracy so CCS can directly discuss and decide issues related to their rights and obligations; To be conducted under the leadership of the Party, with the active participation of the unions in the
Trang 13build a democratic agency environment; to contribute to fight against power abuses, extravagance, and law violations in agency; To contribute
to promoting administrative reform
2.2 Contents and forms of implementation of the law on grassroots democracy in state administrative agencies
2.2.1 Contents of the implementation of the law on grassroots democracy
in state administrative agencies
- Contents of the implementation of the law on grassroots democracy within state administrative agencies
Content of implementation of rights: Democracy in the SAA is always associated with specific contents related to the activities of the agency and expressed directly in the democratic rights of CCS It is the right to know what is related to the operation of the agency, the right to contribute opinions, the head of the decision-making body and the right to supervise and inspect
Content of implementation of obligations: The law clearly defines the responsibilities of the heads of agency, the responsibilities of CCS and the responsibilities of entities in the implementation of the provisions of the order, procedures and other conditions
- Contents of the implementation of the law on grassroots democracy in relation to other agencies, organizations and individuals
Content of exercise of rights: In relation to other agencies, organizations and individuals, the implementation of the right on GD in the SAA is expressed in the following contents: the right to access information, the right to supervise inspection, the right to participate opinion, the right to make decisions
Content of implementation of obligations: Performing the legal obligation on GD in relation to other agencies, organizations and individuals, including: the obligation to settle according to its competence