In many fields of legal policy, the legal policy on national security protection is an important field showing the attitude of the State towards one of the most crucial issues in social
Trang 1VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES
LY THI NGOC
IMPLEMENTATION OF LEGAL POLICY
ON NATIONAL SECURITY PROTECTION IN
Trang 2The project was completed at:
GRADUATE ACADEMY OF SOCIAL SCIENCES
Science instructor: Assoc Prof Dr Do Phu Hai
Peer review 1: Assoc Prof Dr Tran Dinh Nha
Peer review 2: Prof Dr Nguyen Van Tai
Peer review 3: Prof Dr Truong Giang Long
The thesis will be defended in front of the Academy-level Thesis Judging Council met at Graduate Academy of Social Sciences under Vietnam Academy of Social Sciences, with its location at
477 Nguyen Trai, Thanh Xuan, Hanoi, at o'clock, / / 2020
The dissertation is available in the library:
- National Library of Vietnam
- Library of Academy of Social Sciences
Trang 3INTRODUCTION
1 Urgency of the subject
Legal policy plays an important role in legal science and public policy science in our country today That position stems from the role of legal policy on the fields of social life With the help of legal policy, other specialized policies are put into practice such as economic policy, social policy, cultural policy, environmental policy, and science and technology policy In many fields of legal policy, the legal policy on national security protection is an important field showing the attitude of the State towards one of the most crucial issues in social life, which is the national security of the country
From 1986 to date, the situation of the world, the region and the country has had many great and profound changes and has unfolded complicatedly and unpredictably that directly affected the national security of Vietnam Peace, cooperation, globalization are the common trends, but ethnic conflicts, border and territorial disputes, political crisis, riots, and overthrow still occur in some countries and regions Non-traditional security factors such as terrorism, transnational crime, high-tech crime, climate change, food security became a global threat
In the country, in addition to the great achievements of the renovation, we have to face the threats of national security such as signs of "self-evolution" and "self-transformation" internally revealed more clearly and more seriously; corruption, negative effect, degradation of morality and lifestyle of a part of officials and party members are raising the urgent matter among the people; the situation
of lodging a complaint to the improperly authorized persons, a long queue of people, protests, strikes, go-slow strikes took place in many
Trang 4places with increasingly fierce nature, many localities have become the "hot spot" causing insecurity and disorder
In the context of international developments in a direction unfavorable to the revolutionary movement, taking advantage of the policy of innovation, openness and integration of our Party and State, foreign hostile forces and internal dissidents intensified sabotage activities both in obvious and sophisticated and cunning way in order
to cause political instability, eliminate the role of the Communist Party and the socialist regime in Vietnam The reality shows that some countries in the world change from embargo policy to normalizing relation, promoting cooperation in all fields with Vietnam but still not giving up the conspiracy to implement the strategy of "Peaceful evolution", seeking ways to penetrate our internal affairs , affecting, taking direction of economic legal policy, promoting "self-evolution" and "self-transformation"
Looking back on our country's legal policy on national security protection over the past years, the requirements for national security protection have made our State's legal policy in this field more specific compared to other fields The transition to a socialist-oriented market economy; innovation, opening and international integration have led to the requirement of "openness" in the State's regulations However, the operation of a socialist-oriented market economy, the faster and stronger the process of opening international integration in our country is, the more increasing factors threatening national security, social order and safety are; being one of the objective reasons that have directly led to the complexity of the security and order situation recently Therefore, legal policy on national security protection need to be developed and strengthened in
Trang 5a way that does not hinder but must be unified, facilitating the process of innovation, development and international integration At the same time, it needs to be developed and completed in order to eliminate negative effects from the negative side of "openness" in economic transition, openness and international integration
In the face of the above situation, the system of legal policy
on national security protection in Vietnam did not keep up with the rapid developments in the domestic and world situation Therefore, in the implementation of legal policy on national security protection, Vietnam is sometimes, somewhere confused and passive to deal with acts and activities that infringe upon the national security It is time to make an objective, in-depth and comprehensive assessment of the implementation of legal policy on national security protection in order to detect shortcomings and inadequacies to promptly supplement in accordance with the new situation Studying the implementation of legal policy on national security protection becomes an urgent requirement in practice Therefore, the PhD
student chose the topic: "Implementation of legal policy on national security protection in Vietnam nowadays" to conduct research
2 Purposes and mission of the thesis research
2.1 Purposes
In the face of the need to complete the current system of legal policy on national security protection in Vietnam, the author defines
the purpose of researching the topic "Implementation of legal policy
on national security protection in Vietnam nowadays" is to focus on
researching the Current situation of implementation of legal policy on national security protection in Vietnam The conclusions drawn are based on the research comparing the legal policy on national security
Trang 6protection with some countries in the world, thereby clarifying the theory and practice of legal policy on national security protection in Vietnam in a systematic and comprehensive way On this basis and based on specific conditions and circumstances of Vietnam, the topic proposes solutions, contents to develop and complete legal policy on national security protection in Vietnam in order to contribute to firmly protecting national security
on national security protection in some countries in the world and in Vietnam
- Analyzing and clarifying the concept of national security, national security protection, legal policy on national security protection, history and development process of legal policy on national security protection Comparing to the concept, development process of legal policy on national security protection in some countries in the world Determining the basic content of legal policy
on national security protection
- Doing survey, investigating and analyzing the current situation of implementation of legal policy on national security protection in Vietnam
- Proposing directions and solutions to complete legal policy on national security protection in our country today
3 Objects and scope of the thesis research
Trang 73.1 Objects: Legal policy on national security protection in
Vietnam
3.2 Scope
- Scope of content: The legal policy on national security
protection is a fairly broad and complex issue Therefore, the thesis does not study all the contents of legal policy on national security protection but only focuses on the interpretation of the implementation of legal policy on national security in some main fields, specifically such as internal security, social security, information security, international cooperation in national security
an orientation to 2020"
4 Research methods
- The thesis is researched based on the viewpoint of the Marxism-Leninism, Ho Chi Minh thought; undertakings and lines of the Party; legal policy of the State on the development and
completion of legal policy on national security protection
- The thesis is done by the following specific methods:
+ Experience summarizing method: The author conducts a review and study of records, documents, synthesizing reports, scientific works, etc on legal policy on national security protection to draw comments, scientific reviews and conclusions
Trang 8+ Statistical and comparative methods: The author collects and sorts data according to specific criteria on the status, actual situation
of development, implementation of laws and policies on national security protection to create data tables and maps Therefore, it is possible to compare facts and figures with each other; at the same time, provide quantitative visual images for thesis research
+ Synthesis and analysis methods: Based on analysis of the situation to synthesize, assess the advantages and limitations in development and implemention of legal policy on national security protection
+ Expert method: Discuss with scientists and officials directly developing and implementing legal policy on national security protection to learn their experience in this work and to verify the judgments or solutions given by the thesis
+ Logical - historical methods: Assessing the current status of implementation of legal policy on national security protection, thereby finding a direction to complete legal policy on national security protection in accordance with the rule of motion, objective development of reality
case studies when assessing the status of implementation of legal
5 Data collection
+ Secondary data: Reports of the Government, the National Assembly, the Court, the People's Procuracies, ministries and branches on the implementation of legal policy on national security protection Preliminary and summary reports of the Party on national
Trang 9security issues in the past 20 years Statistics of the Police, Procuracy, Court, localities
+ Primary data:
Questionnaire survey: People surveyed were officials, public
servants leaders in the armed forces There were 300 tickets issued, the received ones were 245 The number of tickets used were 215 Structure of the questionnaires as the table below:
Table: Structure of questionaire survey
No Group of people surveyed Tickets Note
2 Armed Forces (Border Guards) 78
Depth interview: Conducted with 31 people Average interview
time per person is 01 hour, especially the interview time of the leader
of the Police were up to 2 hours The structure of the interviewees as the following table:
Table: Structure of in-depth interview subjects
No Interview group Number Position
1 Police leaders 8 Departments and professional
3 Ministry of Foreign Affairs,
Ministry of Home Affairs, Ministry of Education
4 Local leaders 5 Presidents and Vice Presidents
Trang 106 Data analysis
+ The questionnaires were processed, entered into SPSS software; Statistical analysis of frequency with reliability test when squared
+ In-depth interviews were recorded, synthesized for key ideas, collated the policies for national security protection and compared with the results of the questionnaires, secondary data were preliminary reports, summarized reports and official documents on legal policy on national security protection
+ Because of the nature of the study, secondary data sources were the basis, primary data were to supplement or reinforce secondary data as reports In addition, a number of statistics of the Security, Court, Procuracy were used as an important evidence to ensure the accuracy and reliability of the study
7 New contributions to the science of the thesis
It is expected that the thesis will make the following new contributions after completion of:
- Overview of the "panorama" of research works in Vietnam and in the world on legal policy on national security protection;
- Clarifying some common theoretical issues about the politicals and laws on national security protection: the concept of legal policy on national security protection, legal policy on national security protection in Vietnam; issues, objectives, solutions, tools of legal policy on national security protection in Vietnam; implementation of legal policy on national security protection; fields
of legal policy on national security protection;
Trang 11- Assessing the current status of implementation of legal policy
on national security protection in Vietnam, point out the advantages, limitations and causes of the limitations;
- Analyzing the factors affecting the implementation of legal policy on national security protection in Vietnam; resent the direction and propose some solutions to complete the current legal policy on national security protection in Vietnam
8 Theoretical and practical significance of the thesis
In theory: The research result of the thesis clarifies some general theoretical issues about the legal policy on national security protection; assesses the situation of implementation of legal policy on national security protection in Vietnam, points out the advantages, limitations and causes of the limitations; analyzes the factors affecting the implementation of legal policy on national security protections in Vietnam; presents the direction and proposes some solutions to complete the current legal policy on national security protection in Vietnam
In practice: The thesis can be used as a reference in research and teaching; a reference for officials in practical activities; a contributing document for reference in the process of developing and completing the system of legal policy on national security protection
9 Structure of the thesis
The thesis consists of 4 chapters:
Chapter 1: Overview of the research situation
Chapter 2: General theoretical issues about legal policy on
national security protection
Chapter 3: Current situation of implementation of legal policy
on national security protection in Vietnam
Chapter 4: Solutions to complete current legal policy on
national security protection in Vietnam
Trang 12Chapter 1 OVERVIEW OF THE RESEARCH SITUATION
1.1 Domestic research situation
1.1.1 Group of research works on issues, solutions and tools
of legal policy on national security protection
These studies address issues, solutions and tools of legal policy
on national security protection in various aspects, discuss the basic concepts of legal policy on national security protection
1.1.2 Group of research works on factors affecting legal policy on national security protection
Studies have shown that factors affecting legal policy on national security protection, including objective and subjective factors, are considered to be one of the important bases for planning legal policy on national security protection
1.1.3 Group of research works on institutions and legal policy on national security protection
This is a group of policy research works formulating laws on the national security protection, which means to be from ideology, forming political will, policy principles, and policy goals Policy on national security protection is considered as a legal institution, the development of legal norms on the institutional basis is the polict on national security protection
1.1.4 Group of research works on violations of national security
This is the group of research works with the largest number of research groups mentioned above, referring to the acts of infringing upon the national security prescribed in the current law of Vietnam
1.2 Foreign research situation
Trang 13Legal policy on national security protection are particularly important issues of countries, so they are always concerned and researched by scientists around the world The author tried to review
a number of foreign research works; however, national security is a strictly confidential issue of each country, so the scientific research works on the field of national security in general, legal policy on national security protection in particular have little cooperation and exchange on the international scale Accordingly, foreign sources on this issue are not many and relatively scattered
1.3 Assessment of the research situation related to the thesis topic
By studying the research works on legal policy on national security protection at both domestic and foreign levels as mentioned above, the author has some comments and assessments on the research results as follows:
1.3.1 Regarding the advantages, the research results that the thesis will inherit, continue to develop
The research of domestic and foreign authors provided the author with a comprehensive view of the concept of national security, national security protection and legal policy on national security protection Overview of these documents allowed the author to have
a general basis for the concept of legal policy on national security protection in a multidimensional and comparative way
One of the significant research results for the thesis is that the author generalized the status of the policy of developing laws on national security protection in some countries in the world, especially confirmed that most of the nations have promulgated the Law on national security protection as a basic and major means of legal