MINISTRY OF EDUCATION AND
TRAINING
MINISTRY OF HOME
AFFAIRS
NATIONAL ACADEMY OF PUBLIC ADMINISTRATION
TRAN THI THU HUONG
THE INSPECTION REGIME FOR
LEGAL NORMATIVE DOCUMENTS
ISSUED BY PROVINCIAL AUTHORITIES
Major: Public administration
Code: 62 34 82 01
DOCTORAL THESIS FOR PUBLIC ADMINISTRATION
(A SUMMARY)
HA NOI – 2019
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This thesis has been completed at:……………….………..………….
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Thesis supervisors:
1. Ha Quang Thanh, Ph.D
2. Nguyen Thi Thuy, Ph.D
Examiner 1:
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Examiner 2:
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Examiner 3:
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The thesis was be orally defended at the regional Examining
Committee
Place: Room for defense of Doctoral thesis – Reference room…..
Building ……, National Academy of Public Administration. No. 77 - Nguyen
Chi Thanh St. - Dong Da District - Ha Noi City
Time: ………….. on …….………
This thesis is available for the purpose of reference at National
Library of Vietnam and Library of National Academy of Public
Administration.
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ALL PUBLISHED WORKS RELATED TO THE DISSERTATION
1. Tran Thi Thu Huong (2008), Profession of Office Administration, Ho
Chi Minh City General Publishing House.
2. Tran Thi Thu Huong (2009), The institution of state management in
plant protection: Problems and solutions, Lead author of ministerial
study, Ministry of Agriculture and Rural Development.
3. Tran Thi Thu Huong (Lead author), Pham Thanh Dung, Mang Van
Thoi (2011), Techniques of document composition and management,
Phuong Dong Publishing House, Ho Chi Minh City.
4. Tran Thi Thu Huong (2011), “Strengthen the inspection of state
administrative documents nowadays”, State Management Review (189),
pp. 29 - 31.
5. Tran Thi Thu Huong (2014), Essay: New policies in Circular No.
07/2012/TT-BNV dated Nov 22nd, 2012 issued by Ministry of Home
Affairs regarding document composition, management, circulation,
archiving and storage at the office”, Seminar of Document and
Administrative Technology National Academy of Public
Administration – Ho Chi Minh City campus.
6. Tran Thi Thu Huong (Lead author), Pham Thanh Dung, Mang Van
Thoi (2014), Techniques of document composition and management,
Second edition, Phuong Dong Publishing House, Ho Chi Minh City.
7. Tran Thi Thu Huong (2015), “The inspection of legal normative
documents: Situation and solutions”, State Management Review (231),
pp. 55-58.
8. Tran Thi Thu Huong (2015), “Continuous improvement of the legal
system in our country”, Journal of Home Affairs Studies (7), pp. 5-8,13
9. Tran Thi Thu Huong (2016), “New features of inspecting legal
normative documents issued by local authorities”, Published journal by
College of Management for Agriculture and Rural Development II, No.3
in 2016.
10. Tran Thi Thu Huong (2017), “Improving the capability of Human
resources of implementing the inspection regime for legal normative
documents issued by provincial authorities”, Published journal by
College of Management for Agriculture and Rural Development II, No.2
in 2017.
11. Tran Thi Thu Huong (2018), “Improving the inspection regime for
legal normative documents issued by provincial authorities”, Published
journal by College of Management for Agriculture and Rural
Development II, No.2 in 2018.
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INTRODUCTION
1. Rationale
In order to perform their functions, duties, and authority of the
state management in society; the state administration bodies carry out
many different executive activities which are displayed on the surface
through specific forms. One of the forms displaying the Jurisdiction
of state administration is published documents. To guarantee the
quality of published documents, the documents have to be thoroughly
inspected. Therefore, an inspection regime must be established,
especially for the legal normative documents (hereinafter referred to
as LND).
As per the regulation in Resolution No. 51/2001/QH10 dated Dec
25th, 2001 by Standing Committee of the National Assembly,
inspecting LND is a duty transferred from The Supreme People’s
Procuracy to the system of state administrative agencies. The
Government assigned the Ministry of Justice in particular to carry out
this duty. Based on this, the Government issued Decree
No. 40/2010/ND-CP dated April 12th, 2010 on regulations for
inspecting and processing LND. Currently, the main and direct legal
basis for the authorities to perform the inspection of LND are the
2015 Law on Promulgation of legislative documents, and Decree No.
34/2016/ND-CP (dated May 14th, 2016 and effective on July 1st,
2016) by the Government on detailing articles and measures of
implementing the aforementioned 2015 Law. Despite achieving such
important results, there still exist many limitations of inspecting
LND. The reason is that, regardless of the abovementioned Law and
Decree, the inspection regime for LND is incomplete. Up to now, no
comprehensive inspection regime for documents in general and
documents issued by provincial authorities in particular have been
established for the inspection to produce meaningful results.
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careless mistakes in the process, and contribute to improve the
quality and effectiveness in the promulgation of LND in general.
CONCLUSION OF CHAPTER 4
From studying the legal frameworks, conduct a survey to examine
the actual state of implementing the inspection regime for LND
issued by provincial authorities in a few selected provinces, and then
recommend inclusive, scientific, objective and practical solutions to
improve the self inspection regime of LND issued by provincial
authorities.
GENERAL CONCLUSION
By incorporating many research methods to analyze and evaluate the
current inspection regime for LND issued by provincial authorities in
our country, the thesis has fulfilled the study purpose with results
such as: First, study the theoretical and scientific basis for the
inspection regime for LND issued by provincial authorities;
Secondly, organize and analyze current legal policies of the
inspection regime for LND issued by provincial authorities; Thirdly,
analyze and review the actual state of implementing the inspection
regime for LND issued by provincial authorities; Fourthly, propose
comprehensive solutions to improve the inspection regime for LND
issued by provincial authorities.
The aforementioned solutions, if implemented as concerted
actions in practice, will produce positive results from inspecting and
processing documents; thus contribute to “cleanse” the LND as well
as the legal system in the pursuit of social sustainable development
and building a socialist state ruled by law of the people, by the
people, and for the people./.
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between the agencies in charge of inspecting and processing
documents with agencies of mass media.
4.2.3. Improving the capability of staffs in charge of
implementing the inspection regime for legal normative
documents: First, Department of Justice should pay attention to
building an inspection organization of staffs with focus on good
professional qualifications and moral values. Secondly, improve the
implementation mechanism to establish legal titles. Thirdly, offer
training courses to help improve the capability and skills of staffs in
charge of inspecting LND. Fourthly, build an assisting team for
inspecting LND issued by provincial authorities. Fifthly, develop the
regulations and methods for the society to participate in the
inspection process. Sixthly, inspect, examine, and penalize the
administration agencies responsible for implementing the inspection
regime for LND.
4.2.4. Guaranteeing the requirements for implementing the
inspection regime for legal normative documents: First, develop
and improve the database system used in inspecting LND. Secondly,
ensure the budget for inspecting LND. Thirdly, regulate and ensure
the minimum requirements for inspecting LND in practice.
4.2.5. Improving the methods and standardizing the procedure of
inspecting legal normative documents: Following the solutions to
let the Offices of People’s Council and People’s Committee self
inspect LND issued by provincial authorities, the procedure of the
self inspection shall be implemented in this order: The proposed draft
of LND must be posted for 05 days on the information portal of the
provincial People’s Committee so that competent agencies and
people, especially the experts, can contribute to the proposed daft to
ensure the practicality of the published documents.
Regulations for the procedure of inspecting and processing LND
should be promulgated by Department of Justice to reduce the
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With this meaning and significance, the studying of improving
inspection regime for LND is a current issue and requirement
demanded by today’s reality; as well as helps to improve the strength
and minimize the weakness of the inspection process. This is also the
reason why I choose to do research on: “The inspection regime for
legal normative documents issued by provincial authorities” for my
doctoral thesis.
2. Aims and Objectives of study
2.1. Aims of study: Research to clarify the theoretical basis for
inspecting LND issued by provincial authorities. Analyze, evaluate
the actual implementation of inspection regime for these documents;
identify ongoing problems, thus recommend solutions to improve the
inspection regime for LND issued by provincial authorities.
2.2. Objectives of study: Summarize the literature review related
to the thesis topic so as to highlight the questions that this thesis
derives from and needs to clarify in its research contents; Discuss,
clarify, and codify to illuminate the theoretical basis for inspecting
LND issued by provincial authorities in Vietnam; Research the
theoretical and scientific framework for inspecting LND; Analyze,
evaluate how the inspection regime for LND issued by provincial
authorities is implemented in practice, indicate the
strengths, limitations, and their excuses; Propose solutions to
improve the inspection regime for LND issued by provincial
authorities.
3. Subject and Scope of study
3.1. Subject of study: The inspection regime for legal normative
documents issued by provincial authorities.
3.2. Scope of study: From the perspective of state administration, the
study was conducted to examine the inspection regime for LND
issued by provincial authorities since the effective date of Decree No.
40/2010/ND-CP (issued on April 12th, 2010 by the Government) on