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Tiêu đề Measuring Citizens’ Perception And Experience On Justice
Tác giả Pierre Landry, Nguyen Hung Quang, Le Nam Huong, Nicholas Booth
Trường học United Nations Development Programme
Thể loại báo cáo
Định dạng
Số trang 41
Dung lượng 1,49 MB

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Cấu trúc

  • 1. The effective of module (8)
  • 2. Useful key points (8)
  • 3. Data analysis (9)
  • 1. The effectiveness of the module (9)
  • 2. Suggested research strategy to interpret provincial performance (11)
  • 1. Environmental vignette (13)
  • 2. The effective of the vignette module (14)
  • 3. Most and least effective institutions (17)
  • 4. Actual cases of environmental problems (17)
  • 1. Timing and occurrence (18)
  • 2. Modes of dispute resolution (19)
  • 3. Degree of satisfaction with chosen channels of dispute resolution (20)
  • 4. Who helped solve the case? (0)
  • 5. Did various forms of pressure play a role in the case? (21)
  • 6. Land dispute outcomes (21)
  • 7. Recommendations for use in a larger national study (21)
  • APPENDIX 1: JAPI questionnaire (0)
  • APPENDIX 2: Report of the JAPI pilot study in three provinces (37)

Nội dung

The effective of module

The module has effectively demonstrated the most popular and accessible media and communication channels As illustrated in Graph 1, it highlights the levels of popularity and accessibility of various sources of legal information, while also contrasting legal information with general information.

Note: 25 = Phu Tho; 46 = Hue; 86 = Vinh Long

Useful key points

 There is no big difference across 3 provinces

 Television is the big winner It should be noted the survey did not differentiate VTV with local TV programme

 Radio is under-utilized medium This is a bit surprise to national researchers since radio used to be champion medium and it seems no longer the case

 Newspapers do well and quite popular It could be interesting to know which newspaper(s) precisely was on the top list

Data analysis

One of the survey question asked “How often do you watch discussions at National

The study aimed to examine the connection between sources of legal information and the National Assembly debates and public hearings broadcasted by VTV during its sessions The findings, while somewhat informative, remain ambiguous, as illustrated in Table 1 below.

Khong bao gio/Never | 57 43 56 | 156 Doi khi/Sometimes | 118 125 118 | 361 Hang ngay/Daily 10 21 10 | 41

Interpretation of the results should be cross checked with the PAPI’s similar question

Perhaps, this may not be a good tool in a project that seeks to sort differences across provinces

The effectiveness of the module

The module was developed to assess respondents' basic legal knowledge on a scale that reflects their differences in understanding To ensure variation in responses, questions must vary in difficulty, allowing only those with genuine knowledge to answer correctly Including easier questions is essential to avoid alienating respondents who might struggle with more challenging items Additionally, a sufficient number of questions is necessary to minimize the likelihood of correct answers being due to chance, as a respondent who guesses has a 50% chance of being right on a single question With 11 questions, the probability of achieving a perfect score purely by chance is only 0.04%.

Graph 2: Legal knowledge score for ALL [0-1 scale]

The histogram of the legal knowledge score, calculated by dividing the number of correct responses by 11, demonstrates the module's ability to distinguish between low and high scores The rightward tilt in the distribution indicates that respondents who guess instead of acknowledging their lack of knowledge are not penalized; however, this is not a significant concern The primary objective of the module is to assess relative levels of knowledge rather than absolute scores.

The module effectively captures variation among three pilot provinces, with Vinh Long achieving the highest ranking, followed by Phu Tho, while Hue ranks last in the overall legal knowledge test This outcome is notably surprising to the research team as they analyze the performance of the provinces.

Graph 3: Legal knowledge in 3 pilot provinces

Vinh Long: 0.718 Phu Tho: 0.696 Hue: 0.685 [0-1 scale, based on 11 items]

Legal Knowledge score Vinh Long

Table 2 reveals key insights, highlighting in red the items with the lowest percentage of correct answers Notably, responses to item d801 indicate that a majority of individuals believe they are entitled to a red book after occupying land for a decade Furthermore, only 47% of respondents are aware that teenagers have the right to legal representation in court, while just 73% recognize that provincial governments possess the legal authority to influence judicial rulings.

Table 2: Overall results for legal knowledge test

% miss d801 Right to red book after 10 years 28.17 11.3 0 d802 Right to hire workers under 15 years old 90.96 2.96 0 d803

Can sue divorced husband who fails to pay child support

3.48 0.35 d804 Under 18 year no right to hire lawyer 47.48 21.39 0.17 d805 Married daughters no right to inherit 73.22 5.22 0 d806 Provincial government can direct judge 33.22 31.13 0.52 d807

Only male in household has his name listed in red book

3.65 0 d808 Poor households have free legal assistance 87.48 9.57 0 d809 Hiring workers over 6 months requires a contract 86.78 9.91 0.17 d810 Verdict of appellate court must be executed 69.91 21.91 0 d811 Widows inherit 50% of assets if husband dies 83.48 8.52 0

A significant portion of respondents expressed uncertainty about key legal concepts, particularly concerning teenagers’ representation in court, provincial governments' authority over judicial rulings, and the enforcement of final verdicts However, knowledge was notably higher for five specific legal rights, with over 80% of participants correctly identifying the right to legal assistance for the poor, the right to a labor contract after six months of employment, the right to pursue child support, and the inheritance rights of widows.

Suggested research strategy to interpret provincial performance

Multi-stage surveys like JAPI rely on clusters of respondents sharing similar environmental attributes, while individual characteristics also shape their attitudes and behaviors For instance, initiatives by provincial authorities to enhance legal awareness may affect citizens differently due to the diverse demographic, social, and economic conditions present within the province.

Regression analysis effectively isolates the impact of fixed factors within local governments, allowing for a clearer understanding of differences among various clusters, such as provinces This method is crucial when demographic characteristics of respondents differ significantly across regions.

If for instance, one province is vastly richer than another, a fair comparison of the performance of each provincial government must take these wealth differences into account

When analyzing legal knowledge, it is essential to account for the diverse educational backgrounds of respondents, as research indicates a significant positive correlation between education levels and legal understanding This correlation may obscure the effects of specific provincial policies and initiatives, highlighting the need for careful examination of these factors.

Figure X illustrates that relationships between core variables differ across provinces, even in a limited pilot study In Phu Tho, the average educational attainment is 6.1, indicating incomplete high school, significantly higher than Hue's 4.7 and Vinh Long's 4.3 This elevated education level in Phu Tho suggests a corresponding increase in legal knowledge, irrespective of local authorities' efforts Conversely, Vinh Long may be performing better than anticipated, but the lower educational levels—where typical respondents have only completed middle school—make these improvements less detectable.

Figure X : Relationship between educational attainment and legal knowledge

0 2 4 6 8 Le gal k no w le d ge s cor e

0 2 4 6 8 Le ga l k no w led ge sc ore

0 2 4 6 8 Le ga l k no w led ge sc ore

0 2 4 6 8 Le ga l k no w led ge sc ore

Regression analysis effectively isolates the specific impact of each province while controlling for varying socio-demographic characteristics among respondents By estimating a simple regression model, we can account for individual demographic factors that influence legal knowledge scores and assess the unique effects of residing in each sampled province The initial three lines of the table highlight the influences of age, gender, and education, while the constant term reflects the baseline impact for Pho Tho.

In our study, we analyze two markers (province 46 and province 86) to assess how residents of Hue and Vinh Ling deviate from the baseline set by Phu Tho Additionally, we categorize respondents based on their residence in a provincial capital, assigning a value of 1 for those living in capitals and 0 for others We anticipate that legal knowledge will be higher in provincial capitals due to the concentration of legal institutions, such as legal aid centers, lawyers, and courts, as well as educational resources and local media that facilitate the dissemination of legal knowledge.

The findings indicate that Vinh Long residents excel compared to others in the sample, despite facing less favorable demographic factors The net impact scores are 48 for Phu Tho, 54 for Hue, and 55 for Vinh Long, demonstrating significant differences among the provinces Given that the legal knowledge score ranges from 0 to 1, these impacts and the variations between the provinces are notably substantial.

The findings indicate that education significantly influences legal knowledge, while age and gender do not have a notable effect Specifically, there is a substantial difference in legal knowledge levels, with primary school graduates scoring 0.12 lower on a 0-1 scale compared to high school graduates.

Our analysis reveals no urban bias, as residents of provincial capitals do not score significantly higher than those in ordinary districts The observed differences are between provinces rather than within districts, indicating that efforts to enhance legal dissemination should focus on provincial authorities instead of district-level ones.

Environmental vignette

This instrument is to test (i) what would respondent (not) does when facing an environmental problem? (ii) what have been thought the most and least effective channel to pursuit a solution?

The research team recognized that focusing solely on direct experiences with rare events could result in insufficient data for statistical analysis To address this challenge, they opted to create vignettes that realistically portray actual cases or events, allowing respondents to engage with a consistent narrative This approach ensures that all participants receive the same information, enhancing the comparability of their responses While vignettes cannot predict incidence rates, they serve as valuable tools for gauging underlying preferences regarding issues that respondents may not frequently consider.

The perception of what defines a "serious" environmental issue differs among individuals, influencing the severity of the problem and the channels chosen for dispute resolution Utilizing a vignette approach minimizes the risk of varied responses that arise from differing personal baselines regarding the severity of environmental problems.

This module centers on a real environmental dispute highlighted in the media, featuring a factual report and an image of the controversial factory The goal was to provide all respondents with the same factual and visual context before asking for their preferred method of dispute resolution.

The effective of the vignette module

Graph 4 below summarizes the responses, organized by dispute category and by province

The findings indicate that the module effectively captures the range of options considered by disputants in environmental disputes across provinces Notably, administrative and political channels are favored over formal legal institutions, with over 60% of respondents in provinces like Phu Tho and Hue mentioning local and provincial dispute resolution entities (DREP) Commune political institutions, such as People’s Councils and Committees, are frequently chosen, especially in Phu Tho and Hue While about 40% of respondents in Phu Tho and Vinh Long would consider filing an individual lawsuit, this figure rises to nearly 80% in Hue However, significantly fewer individuals indicated a preference for legal assistance or hiring a lawyer, with options like direct negotiations with factory managers, protests, and media engagement proving more popular than formal legal channels.

Graph 4: Results on different institutions approached for an environmental problem

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long Commune Party Committee

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long Collective Lawsuit

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long Local VFF

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long

Phu Tho Thua Thien Hue Vinh Long National Media

Table 3 indicates notable differences among provinces, with Vinh Long respondents showing a marked reluctance to utilize any channels Despite this, they exhibit a preference for administrative and police channels over legal institutions Additionally, the impact of urbanization and economic development on these preferences appears minimal.

3 The real case was reported by Nguoi Dai Bieu Nhan Dan (a newspaper for National Assembly’s deputies) and Vietnam News in September 2010

15 to be the cause of inter-provincial differences: Phu Tho residents were consistently more willing to act than their counterparts in Hue

Channel Phu Tho Hue Vinh Long Combined Phu Tho Hue Vinh Long Combined

District Dpt of Resources and Environmental Protection 23.4 30.9 23.4 25.9 1.0 1.1 3.1 1.7

Provincial Dpt of Resources Environment Protection 13.0 3.1 6.8 7.7 4.2 1.1 2.1 2.4

Discuss directly with Factory Management 6.3 0.0 4.7 3.7 6.8 14.7 13.5 11.7

Table 3: Perception of least and most effective channels of dispute resolution over an environmental dispute

Most and least effective institutions

In a follow-up survey, respondents were asked to identify the institution they believe would be most effective in resolving disputes, as well as the one they consider least effective Table 3 summarizes the preferences by province and highlights overall performance.

Confidence in administrative and political institutions, such as the District Environmental Protection Agency and the Commune People’s Committee, remains notable across three provinces However, the data reveals a significant lack of confidence in legal institutions, with 21.5% of residents in Hue deeming individual lawsuits the least effective dispute resolution method, compared to only 10% in Phu Tho In Vinh Long, skepticism towards legal action is lower, as many residents prefer direct negotiations with factory management (13.5%) or contacting local authorities like the Commune People’s Committee (10.4%) and the Farmer’s Association (8.3%) Interestingly, over one-third of Vinh Long respondents were either unaware of or unwilling to identify ineffective resolution channels.

Actual cases of environmental problems

In a survey regarding channels of dispute resolution, we examined whether respondents perceived themselves as victims of environmental damage and pollution The findings revealed that a significant majority of participants in Pho Tho (54.7%) identified as victims, in stark contrast to Vinh Long (11.4%) and Hue (5.2%), indicating a notable disparity in perceived environmental impact among the regions.

Graph 5: Incidence of environmental problems by province

Phu Tho Thua Thien Hue Vinh Long

Are you (your family) Impacted by an enrironment problem?

But then what have been found is actions taken (conditional upon dispute) by province are not relatively resembled the incidence of problems

Graph 6: Court a possible forum for environment dispute settlement

Phu Tho Thua Thien Hue Vinh Long

Did you act (appeal/ sue) in relation to your dispute?

Significant disparities exist among provinces regarding the willingness to address issues as they arise In Hue, while only a small percentage of respondents reported encountering problems, 60% of them indicated that they took some form of action In contrast, Phu Tho showed a markedly different response pattern.

105 respondents reported a problem, only 13 (or 12%) took any action

EXPERIENCES AND SATISFACTION – Land Disputes

A 2009 legal needs assessment by the VLA identified land issues as a critical area requiring legal aid Consequently, the research team selected land disputes to evaluate the real experience module.

The land dispute module examined the direct experiences of respondents and their families with land-related conflicts, differing from the vignette approach used for environmental issues We anticipated that only a small percentage of respondents would report such disputes, and indeed, only 4.7% did, with consistent rates across provinces Among the 27 reported disputes, there were 7 cases involving relatives, 12 with non-relatives, and 7 conflicts with state organizations, while no disputes were reported with business entities.

Timing and occurrence

The survey, which focused on cases from the past three years, revealed a wide range of responses, with data spanning from 1991 to 2010, as shown in Table 4 Instances varied slightly by province, with Phu Tho reporting 4.2%, Hue at 4.9%, and Vinh Long at 5.2%.

Table 4: Occurrence of ALL land disputes over time

During the interview, 12 disputes remained unresolved, with an additional 2 parties unwilling to confirm their resolution status, suggesting they likely were not resolved Notably, all 8 successful dispute resolutions took place within two years of their initiation.

Modes of dispute resolution

Five respondents chose not to seek assistance following their dispute, raising questions about whether this decision stems from the minor nature of the conflicts or a lack of trust in dispute resolution mechanisms Table 5 illustrates the various modes of land dispute resolution available.

Table 5: Use of institutions in land disputes

Item Category Use of institutions in 22 land dispute cases

The article categorizes various legal and political entities, highlighting their respective counts In the legal sector, the People's Procuracy has 0 entries, the Police has 1, the Court has 3, Local Mediators account for 7, the Legal Assistance Center has 0, Lawyers have 1, and the State Inspectorate has 0 In the political category, the Commune People's Committee leads with 18, followed by the Commune People's Council with 1, a National Assembly member with 1, and Political/Social/Mass organizations with 2 Additionally, the Village head has 10 entries, while local and national mass media each have 1, alongside one entry classified as 'Other.'

Although the absolute number of disputes is rather low, we can discern trends about the modes of land dispute resolution that were attempted Virtually all disputants (21 out of 22) approached

Out of 20 political institutions at the village or commune level, 7 utilized both administrative and legal channels Only 12 respondents engaged with these institutions, with local mediators being involved in 7 instances Evidence of legal action is minimal, with just 3 lawsuits reported and only one case where a lawyer was consulted Notably, none of the court cases involved any form of legal assistance.

Degree of satisfaction with chosen channels of dispute resolution

Although mediators and commune people’s committees were frequently used, they were rarely credited for help produce satisfactory outcomes Of the 18 disputants who approached the

A survey revealed that 6 members of the Commune Committee expressed dissatisfaction with the outcomes, while another 6 were only somewhat satisfied Evaluations of mediators showed mixed results; however, village heads, who have been elected competitively since 2003, received significantly more favorable feedback, with 70% of users reporting satisfaction Due to the limited use of legal institutions, it is challenging to make reliable conclusions regarding their effectiveness.

Table 6: Degree of satisfaction with chosen channels of dispute resolution

Dissat Not very sat Sat Very Sat.

4 Who helped solve the case?

In the analysis of dispute resolution, only eight cases were resolved, limiting our ability to draw definitive conclusions regarding which institutions were most effective However, the majority of respondents attributed their success to administrative or political bodies, with five acknowledging the commune people's committee as helpful, while others highlighted the roles of the village head, local mediator, and the court.

5 Did various forms of pressure play a role in the case?

We asked disputants about non-legal steps that their adversaries took in the course of the dispute

The investigation revealed two bribery incidents, two inappropriate uses of social connections, threats against a respondent's family, and a mobilization of individuals against respondents, indicating a mix of social pressure and intimidation Notably, the reported instances of misconduct are relatively low, with 12 out of 22 respondents stating they were unaware of any unethical or illegal activities.

Only 1 in 9 disputants expresses satisfaction with dispute outcomes, highlighting a troubling trend within the justice system The increasing number of land disputes, coupled with the system's inadequate response, poses a significant threat to social order and stability A thorough analysis of land dispute resolution is essential for policymakers and researchers to develop effective solutions and mechanisms to tackle these issues.

7 Recommendations for use in a larger national study

Although the number of land dispute cases in the JAPI pilot may seem low, they serve as significant indicators of legal progress A comprehensive survey could broaden the scope of these disputes to include issues such as real estate transactions and property conflicts arising from divorces, providing a clearer understanding of a sector intrinsically linked to rule-of-law development By tracking JAPI indicators over time, we can determine whether Vietnamese citizens prefer political avenues for dispute resolution or if enhancements in legal institutions are gradually drawing them towards formal legal channels.

Cost and operational considerations led to the decision to implement the pilot outside of Hanoi and Ho Chi Minh City, as these urban areas are likely to experience a higher frequency of land disputes and more complex resolution pathways due to ongoing urban expansion and fluctuating land values Given the significant economic, demographic, and administrative influence of these cities, it is crucial to ensure their representation in national studies is proportional to their size, a design currently being planned for the 2011 wave of the Public Administration Performance Index (PAPI).

Finally, a national sample of the size considered by the PAPI team (240 respondents per province,

The study aims to collect a substantial sample of over 300 land disputes by surveying 480 cases in large provinces and 620 cases in Hanoi and Ho Chi Minh City, allowing for a more detailed analysis than what was feasible with the limited data from the pilot study.

The JAPI pilot framework is structured into specific modules focusing on legal information, land, and environment A survey was conducted across three provinces to evaluate these key modules, which are intended to enhance the PAPI framework in 2011.

Given the nature of the pilot, it is worth highlighting some of technical and operational issues for possible uses of JAPI in the future as below

The survey instrument has been validated as methodologically sound and effective in gauging respondents' perceptions of justice through both vignette and experiential modules related to the environment and land However, its limited scope means it cannot fully encapsulate the complexities of justice in its entirety.

2 The current modules on legal knowledge, environment and land are ready for use in PAPI

In 2011, minor adjustments were made to enhance synergies between the PAPI and JAPI modules, focusing on key aspects such as demographics, transparency, and citizen participation at the local level This includes addressing questions related to television programming during National Assembly sessions and increasing awareness of local representatives and officials.

The pilot study identified a limited number of environmental and land disputes, with significant activities related to justice analysis in provinces being rare, even over a 20-year span If the governance or justice index is tested annually or biennially for each province, the instances captured would decrease further; however, the overall total would increase with more surveyed provinces This approach could reveal valuable patterns and insights regarding dispute resolution and the administration of justice on a broader scale, rather than at the provincial level.

4 Operationally, it would be challenges to squeeze the justice modules so it can be run within 10’-15’ in a broad PAPI exercise Also, some “technical” terms –even simple words such as

The term "dispute" can be confusing for respondents, making it essential to provide clear explanations The updated manual now includes a vocabulary section designed to aid remunerators in effectively communicating with respondents Observations from the research team highlight the need for improved survey monitoring to ensure that critical and complex questions are accurately addressed and not overlooked.

Suggestions for a new wave of JAPI

Conducting a comprehensive survey on justice necessitates a detailed instrument that explores a broader spectrum of activities and issues, such as family matters (property rights and inheritance), labor contracts, complaints, housing, and administrative cases Given that the pilot is currently being implemented in only three provinces, it would be prudent to gradually expand the JAPI's scope to gather more cross-provincial evidence while simultaneously validating or refuting initial findings before scaling up to a nationwide initiative.

For JAPI in 2011, the research would recommend two following options:

Option 1: JAPI modules attached and complemented to PAPI for rolling out in 63 provinces

To take this forward, it is anticipated that by end of quarter 2/2011 the following tasks would be completed:

 JAPI questionnaire to be revised and built into the complete set for PAPI 2011

 Testing the PAPI/JAPI questionnaire through group discussion

 Training remunerators on the new instrument

 Mechanism for collaboration in administering the survey

Exploring the potential to enhance the utilization of PAPI data and findings can significantly strengthen evidence-based advocacy in the realm of democratic governance, particularly in improving access to justice and protecting rights.

Option 2: JAPI to be developed into a more complete instrument for measuring citizen’s perception and experience on justice

To enhance the measurement of justice in Vietnam, the piloted Justice Access and Participation Index (JAPI) should undergo further testing and development, transforming it into a comprehensive, citizen-focused tool Future iterations of JAPI must incorporate insights gained from the pilot phase, Access to Justice surveys, and various governance indices utilized both in Vietnam and internationally.

APPENDIX 1: Suvey questionnaire Địa điểm thực hiện phỏng vấn [YÊU CẦU ĐIỀN ĐẦY ĐỦ THÔNG TIN]:

Thôn/Ấp/Tổ dân phố/Cụm dân cư: …………

Số thứ tự người trả lời (theo danh sách):

Ngày thực hiện phỏng vấn: … /… /2010

Thời lượng thực hiện cuộc phỏng vấn: phút

Thời lượng dành để kiểm tra lại bảng hỏi: phút

Tên và mã số người thực hiện phỏng vấn:

Chữ ký của người thực hiện phỏng vấn: ………

Chữ ký người soát phiếu: Ngày soát phiếu: … /… /2010

Người nhập dữ liệu ký: Ngày nhập dữ liệu: … /… /2010

Bộ phiếu hỏi Chỉ số tư pháp cấp tỉnh

Ban Dân chủ - Pháp luật, UBTƯ MTTQ Việt Nam Trung tâm Nghiên cứu - Hỗ trợ cộng đồng Chương trình Phát triển Liên Hợp quốc tại Việt Nam

Did various forms of pressure play a role in the case?

We asked disputants about non-legal steps that their adversaries took in the course of the dispute

The investigation revealed two instances of bribery, two cases of inappropriate use of social connections, threats against the respondent's family, and a coordinated effort to apply social pressure on the respondents Notably, these occurrences are minimal, with 12 out of 22 respondents reporting no knowledge of any unethical or illegal activities.

Land dispute outcomes

Only 1 in 9 individuals involved in land disputes express satisfaction with the outcomes, highlighting a significant concern for the justice system The increasing accumulation of land disputes, coupled with the system's inadequate response, poses a threat to social order and stability A comprehensive analysis of land dispute resolution is essential for policymakers and researchers to develop effective solutions and mechanisms to tackle these issues.

Recommendations for use in a larger national study

While the initial number of land dispute cases in the JAPI pilot may seem small, they serve as significant indicators of legal progress A comprehensive survey could broaden the scope of these disputes to include issues such as real estate transactions, inheritance, and property conflicts arising from divorces, thereby providing a clearer understanding of a sector intrinsically linked to rule-of-law development Over time, tracking JAPI indicators could reveal whether Vietnamese citizens prefer political avenues for resolving disputes or if enhancements in legal institutions are gradually drawing them towards formal legal channels.

Cost and operational considerations led to the decision to implement the pilot project outside of Hanoi and Ho Chi Minh City, as these urban areas are likely to experience a higher incidence of land disputes and more complex resolution pathways due to their rapid expansion and fluctuating land values Given the significant economic, demographic, and administrative influence of these cities, it is crucial to ensure their representation in national studies is proportional to their size This approach is being incorporated into the design for the 2011 wave of the Public Administration Performance Index (PAPI).

Finally, a national sample of the size considered by the PAPI team (240 respondents per province,

The study aims to analyze over 300 land disputes by gathering a representative sample from 480 large provinces and 620 locations in Hanoi and Ho Chi Minh City, surpassing the limited data available in the pilot study.

The pilot framework, as outlined in the JAPI conceptualization section, is organized into specific modules focused on legal information, land, and the environment A survey was conducted across three provinces to evaluate these essential modules, which are intended to enhance the PAPI framework in 2011.

Given the nature of the pilot, it is worth highlighting some of technical and operational issues for possible uses of JAPI in the future as below

The survey instrument has demonstrated methodological soundness and effectiveness in gauging respondents' perceptions of justice through vignette and experience modules focused on environmental and land issues However, its limited scope means it cannot fully capture the complete picture of justice.

2 The current modules on legal knowledge, environment and land are ready for use in PAPI

In 2011, minor adjustments were made to enhance the synergies between the PAPI and JAPI modules, particularly focusing on demographics, transparency, and citizen participation at the local level This included inquiries regarding television programming related to National Assembly sessions and raising awareness about the names of local representatives and officials.

The pilot study identified a limited number of environmental and land disputes, with significant activities related to justice analysis in provinces being infrequent, even over a 20-year span, such as land disputes If the testing instrument for a provincial governance or justice index is applied every one to two years, the instances captured per province would be minimal; however, the overall data would increase with the number of surveyed provinces This approach allows for the extraction of valuable patterns and insights regarding dispute resolution and justice administration from the comprehensive survey, rather than focusing solely on provincial data.

4 Operationally, it would be challenges to squeeze the justice modules so it can be run within 10’-15’ in a broad PAPI exercise Also, some “technical” terms –even simple words such as

The term "dispute" may be confusing for respondents, prompting the manual to incorporate a vocabulary section aimed at training remunerators and assisting them in clarifying terms to participants Observations from the research team highlight the need for improved survey monitoring measures to ensure that critical and challenging questions are not overlooked or misinterpreted.

Suggestions for a new wave of JAPI

Conducting a justice survey necessitates a comprehensive tool to examine various activities and issues, including family matters like property rights and inheritance, labor contracts, complaints, housing, and administrative cases Given that the pilot is currently limited to three provinces, it is advisable to gradually expand the JAPI's scope to gather broader cross-provincial data while validating initial findings before scaling it to a nationwide initiative.

For JAPI in 2011, the research would recommend two following options:

Option 1: JAPI modules attached and complemented to PAPI for rolling out in 63 provinces

To take this forward, it is anticipated that by end of quarter 2/2011 the following tasks would be completed:

 JAPI questionnaire to be revised and built into the complete set for PAPI 2011

 Testing the PAPI/JAPI questionnaire through group discussion

 Training remunerators on the new instrument

 Mechanism for collaboration in administering the survey

Exploring the potential to enhance the utilization of PAPI data and findings can significantly strengthen evidence-based advocacy in democratic governance, particularly in improving access to justice and protecting rights.

Option 2: JAPI to be developed into a more complete instrument for measuring citizen’s perception and experience on justice

To enhance the measurement of justice in Vietnam, the piloted Justice Access and Participation Index (JAPI) should be further developed into a comprehensive tool for citizens, drawing on insights from the pilot phase, Access to Justice surveys, and various governance indices utilized both in Vietnam and worldwide.

APPENDIX 1: Suvey questionnaire Địa điểm thực hiện phỏng vấn [YÊU CẦU ĐIỀN ĐẦY ĐỦ THÔNG TIN]:

Thôn/Ấp/Tổ dân phố/Cụm dân cư: …………

Số thứ tự người trả lời (theo danh sách):

Ngày thực hiện phỏng vấn: … /… /2010

Thời lượng thực hiện cuộc phỏng vấn: phút

Thời lượng dành để kiểm tra lại bảng hỏi: phút

Tên và mã số người thực hiện phỏng vấn:

Chữ ký của người thực hiện phỏng vấn: ………

Chữ ký người soát phiếu: Ngày soát phiếu: … /… /2010

Người nhập dữ liệu ký: Ngày nhập dữ liệu: … /… /2010

Bộ phiếu hỏi Chỉ số tư pháp cấp tỉnh

Ban Dân chủ - Pháp luật, UBTƯ MTTQ Việt Nam Trung tâm Nghiên cứu - Hỗ trợ cộng đồng Chương trình Phát triển Liên Hợp quốc tại Việt Nam

Chúng tôi đang tiến hành nghiên cứu về chất lượng quản lý nhà nước và hệ thống tư pháp tại các địa phương và rất trân trọng ý kiến đóng góp của Ông/Bà để cải thiện hiệu quả công tác này Thông tin của Ông/Bà sẽ được bảo mật và không được nêu tên trong phiếu hỏi Nếu có câu hỏi nào chưa rõ, Ông/Bà có thể hỏi lại hoặc không cần trả lời nếu cảm thấy không thoải mái Xin chân thành cảm ơn sự hợp tác của Ông/Bà Bây giờ, tôi xin phép bắt đầu.

Người phỏng vấn không công bố công khai các lựa chọn “Không biết” (KB) hoặc “Không muốn trả lời” (KMTL) Thay vào đó, họ sẽ tự đánh dấu những lựa chọn này dựa trên câu trả lời hoặc thái độ e ngại của người được phỏng vấn.

Tất cả các chữ in nghiêng và đậm trong dấu [ ] là nội dung chỉ dành riêng cho người phỏng vấn, cho thấy rằng người phỏng vấn sẽ tự thực hiện các nội dung đó.

Tất cả những chữ in đậm mà không in nghiêng là nội dung cần đọc thành tiếng để dẫn dắt cuộc trao đổi khi thay đổi chủ đề.

Trước hết tôi xin phép hỏi một số thông tin về Ông/Bà và gia đình Ông/Bà

A001 [Người phỏng vấn tự điền giới tính của người trả lời]:  1 Nam  2 Nữ

A002 Ông/Bà bao nhiêu tuổi? 888 [KB]  999 [KMTL]

A002a [N ế u KB] Ông/Bà tuổi gì?  88 [KB]

[Người phỏng vấn đoán tuổi của người trả lời:…….]

A003 Ông/Bà đã sống ở xã/phường này được mấy năm? năm  88 [KB]

A004 Ông/Bà đã sống ở tỉnh/thành phố này được mấy năm? năm  88 [KB]

A004x Trước đây Ông/bà đã sống ở tỉnh/thành phố nào?

A005 Ông/Bà là người dân tộc gì?

1  Kinh  7  Dân tộc khác (xin nêu rõ):

A006 Trình độ học vấn cao nhất mà Ông/Bà đạt được?

01  Không qua trường lớp đào tạo nào

02  Chưa học hết tiểu học 03. Học xong tiểu học

04  Chưa học hết cấp II 05. Tốt nghiệp cấp II

06  Chưa học hết cấp III 07. Tốt nghiệp cấp III

08  Bỏ dở hay đang học ĐH/Cao đẳng 09. Tốt nghiệp ĐH/Cao đẳng

10  Có bằng sau đại học 88  [KB] 99  [KMTL]

A007 Hiện nay gia đình Ông/Bà có bao nhiêu thành viên (bao gồm cả Ông/Bà, không kể người giúp việc)?

A008 Nghề nghiệp chính của Ông/Bà là gì? 88  [KB] 99  [KMTL]

A009 Ông/Bà hiện nay (hoặc trước khi nghỉ hưu) làm việc trong lĩnh vực nào?

21  Khu vực kinh tế công nghiệp (Tư nhân)

22  Khu vực kinh tế công nghiệp (Nhà nước)

23  Khu vực kinh tế công nghiệp (Có vốn đầu tư nước ngoài)

31  Dịch vụ/Kinh doanh (Tư nhân)

32  Dịch vụ/Kinh doanh (Nhà nước)

33  Dịch vụ/Kinh doanh (Khu vực có vốn đầu tư nước ngoài)

70  Khác (Xin nêu rõ): 88  [KB] 99  [KMTL]

A010 Ông/Bà thường theo dõi thông tin về tình hình đất nước và nhà nước từ những nguồn nào? [ĐƯỢC CHỌN NHIỀU TRẢ LỜI]

01 Ti vi 06 Người quen/bạn bè

02 Báo/Tạp chí 07 Tin nhắn ĐTDĐ

03 Loa/đài 05 Nguồn khác (Xin nêu rõ):………

04 Internet 00 Tôi không theo dõi thông tin

A010x Trong những năm qua, Ông/Bà có nắm bắt thông tin pháp luật qua những nguồn dưới đây không? [ĐƯỢC CHỌN NHIỀU TRẢ LỜI]

1 Chương trình TV (ví dụ như mục “Tòa Tuyên Án”) 1.Có 0.Không

2 Loa phát thanh tại cộng đồng dân cư 1.Có 0.Không

3 Thư viện ở địa phương 1.Có 0.Không

4 Tủ sách pháp luật của văn phòng ủy ban xã 1.Có 0.Không

5 Báo chí (ví dụ như báo “Nhân Dân”) 1.Có 0.Không

6 Các buổi tuyên truyền pháp luật 1.Có 0.Không

7 Họp chi bộ Đảng 1.Có 0.Không

8 Các cuộc họp của các hội đoàn (Xin nêu rõ): 1.Có 0.Không

10 Các trang web trên mạng (ví dụ “luatvietnam.vn”, “chinhphu.vn”) 1.Có 0.Không

11 Các cuộc họp thôn xã hay họp tổ dân phố 1.Có 0.Không

12 Chương trình trên đài phát thanh (như “Pháp luật và Đời sống”) 1.Có 0.Không

13 Người thân/bạn bè 1.Có 0.Không

14 Nguồn khác (Xin nêu rõ): ……… 1.Có 0.Không

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