Summary of philosophy of law doctor’s thesis: Implementation of law on democracy in communes, wards, towns of the Central Highlands

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The purpose of the thesis is on the basis of theoretical research and practical implementation of the law on democracy in communes, wards and towns of the Central Highlands, suggesting solutions to ensure implementation of the democracy law in communes, wards and towns in the Central Highlands.

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Nội dung Text: Summary of philosophy of law doctor’s thesis: Implementation of law on democracy in communes, wards, towns of the Central Highlands

HO CHI MINH NATIONAL ACADEMY OF POLITICS DO VAN DUONG IMPLEMENTATION OF LAW ON DEMOCRACY IN COMMUNES, WARDS, TOWNS OF THE CENTRAL HIGHLANDS Specialisation : Theory and History of State and Law Code : 62 38 01 01 SUMMARY OF PHILOSOPHY OF LAW DOCTOR’S THESIS HA NOI - 2014
The work was completed at Ho Chi Minh National Academy of Politics Thesis supervisor: Ass Prof. Dr. Trinh Duc Thao Reviewer 1: Reviewer 2: Reviewer 3: . The thesis will be defended before the Board of Ho Chi Minh National Academy of Politics At…: On ..... ...... ...... May 2014 The thesis can be found for study at the National Library and the Library of Ho Chi Minh National Academy of Politics
INTRODUCTION 1. Rationales Central Highlands is an important area in terms of socioeconomic and strategic status, defense, security and ecological environment. After many years of legal implementation of democracy in communes, wards and towns, it has achieved initial comprehensive success but is also facing difficulties and challenges due to the negative impact of market mechanisms, international economic integration, the limitations and weaknesses in the leadership and management of a number of Party committees and local governments. A number of party members and civil servants are still not fully aware of democracy law. The violation and hindrance of democracy law implementation has occurred. In some communes, especially ones in remote and ethnic minority areas, the implementation has not been carried out consistently and regularly, failing to meet the requirements of new tasks. In some cases, civil servants have also overlooked or avoided dealing with the concerns of people due to lack of accountability. The policy “people know, people discuss, people do” has not been supervised and implemented specifically such as land clearance and compensation, budget revenues, land planning, movement to build new rural areas, the implementation of programs 134, 135, etc., which led to the loss of people's trust in government and the leadership of the Party. On the other hand, the Central Highlands have specific characteristics on population, ethnicity and a part of the population has low educational level so citizen obligations have not been done properly. Some even have abused democracy to serve group interests without considering community and national interests, cooperating with reactionary Fulro organization inside the country and overseas to cause many obstacles during the process of democracy law implementation. In addition, some provisions of the democracy law for mountainous areas are not suited to practice and have low level of feasibility, which has affected the effective implementation of the law on democracy in communes, wards and towns. Therefore, the comprehensive research of democracy law implementation in communes, wards and towns of the Central Highlands is of practical significance and urgency at present situation. With these reasons, I would like to choose the theme “Implementation of the law on democracy in communes, wards and towns of the Central Highlands” for my Doctoral thesis specialized in Theory and History of State and Law. 2. The purpose and tasks of research
2.1. Purpose of research The purpose of the thesis is on the basis of theoretical research and practical implementation of the law on democracy in communes, wards and towns of the Central Highlands, suggesting solutions to ensure implementation of the democracy law in communes, wards and towns in the Central Highlands. 2.1. Tasks of research To accomplish this purpose, the research focuses on the following tasks: - Provide an overview of domestic and international research relating to the thesis, assess the value of such works and issues for further clarification. - Analysis of the legal concept of democracy in communes, wards and towns; concepts, characteristics, implementation of the law form of democracy in communes, wards and towns; role and the conditions ensuring the implementation of the law on democracy in communes, wards and towns. Refer experience in implementing democracy law in northwestern provinces that can be applied for the Central Highland provinces. - Generalizing the civil law in communes, wards and towns of Vietnam from 1945 to present, at the same time assessing the state of the law on democracy in communes, wards and towns and pointing out the strengths and its limitations; analyzing specific factors that have impact on implementation of democracy law; survey and assess the true state of implementation of democracy law in communes, wards and towns in the provinces of the Central Highlands; draw lessons learned from implementing the law on democratic communes, wards and towns in the Central Highlands, advantages, limitations. - Analysis, viewpoints on proposed solutions to common systems and solutions specifically aimed at ensuring the implementation of the law on democracy in communes, wards and towns in the Central Highlands provinces. 3. Subjects and scope of the thesis 3.1 . Subjects of the thesis The thesis studies in depth theoretical basis and practical issues on implementation of democracy law in communes, wards and towns in the Central Highlands provinces from the perspective of Theory and History of State and Law. Based on the purpose of research, thesis focuses on grassroots party organizations, governments , Fatherland Front and mass organizations at communes, wards, and towns; civil servants and people directly involved in the implementation of the law on democracy in communes, wards and towns .
3.2 . Scope of the thesis For the purpose of in-depth study, the research mainly focuses on assessing the situation and justifying the role and the method to deploy and implement democracy law in communes, villages and hamlets of five Central Highland provinces, including Dak Lak, Dak Nong, Gia Lai, Kon Tum and Lam Dong from 1998 to present. (after the Politburo term VIII issued Directive No. 30-CT/TW dated 02/18/1998 with the focus from 2007 to present, ie when implementing Ordinance No. 34/2007/PL-UBTVQH11 to implement democracy in communes, wards and towns). 4. Rationale and methods of the research - The thesis is based on the basic principles of Marxism - Leninism and Ho Chi Minh’s views, guidelines and policies of the Party and State on State and law in general, democracy law in communes, wards and towns in particular, and reference works related to the subject which have been published. - The research is based on the methodology of Marxism - Leninism; using the methods of scientific research and interdisciplinary approach such as system methods, logic method, historical methods, analytical methods - aggregate, statistical methods - comparison and methods of sociological investigation. These methods are used to clarify the basic content of the thesis, ensure scientific and logical characteristics in solving problems in the chapters of the thesis. 5. New contributions of the thesis The dissertation is the first work, relatively systematic and comprehensive on democracy law in communes, wards and towns of the Central Highlands provinces with some new scientific contributions as follows: - Develop concepts of democratic law, implementation of the law on democracy in communes, wards and towns presented throughout the thesis; point out some characteristics, implementation forms of civil law in all communes, wards and towns; the role, conditions ensuring the implementation of the law on democracy in communes, wards and towns. - The thesis analyzes and indicates specific factors on natural conditions, economic, social and cultural impact ... the process of implementing the law on democracy in communes, wards and towns in the Central highlands provinces. Analysis of the results, limitations of the current status of the democracy law in communes, wards and towns in the Central Highlands; the cause of the advantages and limitations of this reality; 6 lessons from the implementation of the democracy law in communes, wards and towns in the Central Highlands provinces in recent years .
- Viewpoints and proposed solutions including general solutions and solutions specific group to ensure implementation of democracy law in communes, wards and towns of Central Highlands provinces. 6. Theoretical and practical meaning of the thesis - In terms of theory The results of the thesis contributes to addressing some theoretical issues currently set for implementation activities in self-determination of the people at the grassroots level, including theoretical issues on implementation of democracy law in communes, wards and towns in the Central Highlands provinces. - In terms of practical meaning The thesis can be used as reference for Party committees, local governments, Front and mass organizations in the Central Highlands provinces to have a basis for planning and directing in comply with democracy law in communes, wards, and towns in the Central Highlands provinces. The thesis will be valuable reference for research and teaching in the Center for Politics and Political fostering of districts in the Central Highlands provinces. 7. Structure of the thesis Besides the introduction, conclusion, list of researchers, the list of references and appendices, the thesis includes 4 chapters, 12.
Chapter 1 OVERVIEW OF RESEARCH SITUATION IN RELATION WITH THE SUBJECT 1.1. The research situation in Vietnam Research issues of democracy, democratic law, implementation of democracy law in communes, wards and towns consist of 2 groups: first, research related to democratic and legal law of democracy in communes, wards and towns; second, research related to the implementation of the law and implementing legislation on democracy in communes, wards and towns. 1.2. The situation for international research Research issues of democracy and democratic legislation, implementing legislation has been studied in details. Besides scientists also have projects related to democracy and democratic law on the basis of overseas research including the following two groups: first, the study involved democracy and law on the basis of democracy; second, the research work related to the implementation of the law in general and the implementation of law on the basis of democracy. 1.3. The issues need further study In terms of theory, the research needs to clarify - The concept of democracy in communes, wards and towns, the law of democracy in communes, wards and towns - the conceptual tools to study law concept of democracy implementation in communes, wards and towns. Besides, legal concept of democracy in communes , wards and towns and the content needs to be added to adjust the law on democracy in communes, wards and towns that are not included and should also be further studied and improved. - The concept of implementation of democracy law in communes, wards and towns, the basics to analyze and clarify the content of the actual reasoning of the law on democracy in communes, wards and towns - Rationale of the implementation of the law of democracy in communes, wards and towns, including the characteristics and forms, the factors affecting the role, the conditions to ensure the implementation of civil law in communes, wards and towns ; experience in implementation of democracy in communes, wards and towns of the province with some reference value for the Central Highlands.
Regarding practical meaning, the thesis should clarify - Study, assess the process of formation, development, the current status of the democratic law in communes, wards and towns in Vietnam . - Research and analysis to clarify the specific factors affecting the implementation of the law on democracy in communes, wards and towns in the Central Highlands provinces. - Analyze, assess the status of implementation of the law of democracy in communes, wards and towns in the provinces of the Central Highlands in the forms of law implementation, specify the shortcomings, limitations and thereby determine the cause of the current situation, lessons learned in implementing the law on democracy in communes, wards and towns in the provinces of the Central Highlands. From the analysis of theoretical basis and practical implementation of the law of democracy in communes, wards and towns in the provinces of the Central Highlands. The thesis develops arguments and specific solutions to ensure the implementation of the law of democracy in communes, wards and towns in five provinces of the Central Highlands. Conclusion Chapter 1 The results of the first study show that there have been many research works published inside and outside the country, involving the following basic groups of problems: - The research related to performance issues and legislation on democratic democracy in communes, wards and townships: the works in this group refers to a number of theoretical issues and practical implementation of democracy in society; content, implementation mechanisms, implementing some forms of direct democracy; refers to a number of theoretical issues of law democracy in communes, wards and towns. At the same time at different levels of reality works mentioned are the laws of democracy in communes, wards and towns; on that basis, point out the limitations and weaknesses of the law and propose measures to improve the law of democracy in communes, wards and towns. - The research related to the implementation of the law and implementing legislation on democracy in communes, wards and towns: these works are mainly studied in terms of implementation of the law and implementing legislation on democracy in communes, wards and towns; the success, limitations and problems set forth in the construction and implementation of the law on the basis of democracy in general and localities in particular.
- The works of international and Vietnamese authors study the implementation issues of democracy, democratic law, implementing the law on the basis of democracy, having reference value for Vietnam. Chapter 2 RATIONALE FOR IMPLEMENTING LEGISLATION ON DEMOCRACY IN COMMUNES, WARDS AND TOWNS 2.1. Concept, regulation content of democracy law in communes, wards and towns 2.1.1. The concept of democracy in communes, wards and towns Democracy in communes, wards and towns is the form that people exercise their right conducted from the commune to village and group level, following the policy: people know, people discuss, people do and people check and benefit in terms of economy, politics, culture for people at the grassroots level in certain forms in accordance with the principles and rules of law. 2.1.2 . Legal concept of democracy in communes, wards and towns Law of democracy in communes, wards and towns is synthesized in the legal system of legal documents by state agencies issued under the authority or coordination with other organizations to adjust social relations, contributing to ensuring democracy, socio-economic development and social stability and order. 2.1.3 . Content governed by the laws of democracy in communes, wards and towns Law on the exercise of democracy in communes, wards and towns includes provisions on the implementation of laws principles of democracy in communes, wards and towns; regulations implementing the law on the rights of democracy in communes, wards and towns; regulations on prohibited behavior and sanctions for violations of the law of democracy in communes, wards and towns. 2.2. Concepts, characteristics, implementation of democracy law in communes, wards and towns 2.2.1. The concept of implementing legislation on democracy in communes, wards and towns Implementation of the law on democracy in communes, wards and towns aims to make the provisions of the law on democracy in communes,
wards and towns into actual behavior, expanding and promoting the rights of people, contributing to building a law-governed socialist State. 2.2.2. Characteristics of the implementation of the law on democracy in communes, wards and towns 2.2.2.1. Implementation of the law on democracy in communes, wards and towns conducted by multiple law subjects Implementation of the law on democracy in communes, wards and towns is the legal provisions in many different fields, the responsibility of many people. To make the democracy law effective in communes, wards and towns, legal entities must be incorporated. 2.2.2.2. Implementation of the law on democracy in communes, wards and towns is regularly active, constantly taking place in communes; villages and hamlets and groups Implementation of the law on democracy in communes, wards and towns first is still the principle "all state power belongs to the people" but placed in broader context, namely communes, villages, groups - the residence and activities of the great majority of the strata. This is where people can feel the reality of their ownership at the commune level, which is not the district, provincial and central government. 2.2.2.3. Implementation of the law on democracy in commune, wards and towns have implemented content on all areas of social life Implementation of the law on democracy in communes, wards and town has extensive content, including content on all areas of social life, directly related to the rights and interests of citizens to ensure the law is implemented well in communes, villages and groups. Democratic law also stipulates the construction of rules or social conventions, community, contributed to security and order where villages and hamlets, groups and ensuring the peaceful life of people. 2.2.3. Legal forms to implement democracy in communes, wards and towns Legal compliance in implementing the law on democracy in communes, wards and towns is implementing legal form, in which the legal entity itself is not done to curb the behavior, measures activities of democracy law in communes, wards and towns which are prohibited, not allowed being implemented. "Prohibition" in the legal exercise of democracy in communes is primarily defined in Ordinance Implementing democracy in communes, wards and towns, the Law on Complaints and Denunciation Law, the Law on Ombudsman, Law anti-Corruption, Criminal Law ... Second, the observance of the law of democracy in communes, wards and towns
Complying with the laws of democracy in communes, wards and towns is a form of implementing legislation, in which the entity responsible for implementing the law, legal obligation by the positive action provisions Ordinance specified in the exercise of democracy in communes, wards, towns and other legal documents related to the interests and the rights of people. Form of law enforcement is done on the laws and regulations on the principle of responsibility for the implementation of democracy in communes, wards and towns. Third, using the law of democracy in communes, wards and towns Using the law of democracy in communes, wards and towns is a form of implementing measures, subjects performed legal ownership of their self- awareness and a positive way, the law of democracy in communes, wards and towns allowed. The subjects using legal forms are numerous classes of people in communes, wards and towns can use the power of the law to follow their will. Fourth, apply the law of democracy in communes, wards and towns Applying the law of democracy in communes, wards and towns is a form of special legislation. Accordingly, the State through a competent authority or authorities for the organization subject to the legal provisions of the law of democracy in communes, wards or towns themselves based on the provisions of the law to create the democratic decision making, change, suspend or terminate the legal relationship in implementing specific legislation democracy in communes, wards and towns. 2.3. Role and conditions to ensure implementation of the law on democracy in communes, wards and towns 2.3.1. The role of the implementation of the law of democracy in communes, wards and towns 2.3.1.1. Implementation of the law on democracy in communes, wards and towns contributes to building up the rule of law and strong grassroots political system Implementation of the law on democracy in communes, wards and towns, in particular, the biggest impact is the implementation of the law on democratic methods contributing to innovative leadership, executive management towards a democratic, open and transparent, practical stick, overcome bureaucracy, authoritarianism, avoid mistakes, shortcomings of local authorities, especially in management and administration. Active implementation of democracy in coordination with the Vietnam Fatherland Front and mass organizations for capacity building increases prestige, contributing to building a strong base.
2.3.1.2. Implementation of the law on democracy in communes, wards and towns contributes to ensuring the legitimate rights and interests of the people Implementation of the law on democracy in communes, wards and towns contributes to the realization of the views, guidelines and policies of the Party and the state of democracy in practical life of the people at the commune level. The implementation of democratic laws takes place in the field of legal basis, self-employed people but also for the Party, the State with increasingly more practical basis for planning policy, improving the law, people are the true creators of history, have the legitimate rights and interests guaranteed in practice. 2.3.1.3. Implementation of the law on democracy in communes, wards and towns contributes to economic development, cultural, social security and maintain political, social order and safety in the commune Implementation of the law on democracy in communes, wards and towns as a basis for maintaining political security, social order and safety contributes to the function of maintaining social order. Law forbids all acts that lack of democracy, affect the rights and legitimate interests of citizens. With the implementation of democratic law, people are discussing and deciding directly issues of order and security, and building self-regulatory organization, the government is responsible for receiving and resolving complaints of Petition to ensure the democratic rights of the people directly. 2.3.1.4. Implementation of the law on democracy in communes, wards and towns contributes to the fight against bureaucracy, corruption, waste and other negative phenomena With legislation implementing democracy at communes, wards and towns, people have used their ownership to struggle with the negative phenomenon of some people in positions of authority who may have the power advantage to pursue their own interests. Implementation also requires democratic state apparatus to promote administrative reform to serve the people better in the direction closest to the people. 2.3.1.5. Implementation of the law on democracy in communes, wards and towns contributes to mastering skills, promoting self-management of communities, exercising the right of people employed in the construction of new rural areas Law of democracy in communes, wards and towns is to institutionalize people's right to mastery over all aspects of social life. People have been based on the legal provisions in social democracy in the sense of gradual training, competence, mastery of their skills to practise democracy. Implementation of the law on democracy in communes, wards and towns also contribute to people actually perform their ownership in the new rural
construction. Construction of new rural area is a content, an important task in implementing the Resolution of the Party Central Committee X (Resolution 26-NQ/TW) in agriculture - rural area - farmers. 2.3.2. These conditions ensure the implementation of the law on democracy in communes, wards and towns 2.3.2.1. Political guarantees Ensure that political and security over political orientation of the Communist Party of Vietnam to implement the law and the law of democracy in communes, wards and towns. Political orientation of the party for the consolidation, expansion and promotion of socialist democracy in general and the law of democracy in communes, wards and towns in particular expressed primarily in the degree of concern and perceptions of the leadership of the party, role and importance of the implementation of the law on democracy in communes, wards and towns. Ensuring politics is essential for the effective implementation of democratic law under the absolute leadership of the Party in all fields of social life, it forms the basis of consolidation stance for party members, cadres in society, strengthening people's confidence in the Party and State. 2.3.2.2. Economic guarantees Implementation of the law on democracy in communes, wards and towns need to be assured about the economy. It is the necessary condition of facilities, funding and infrastructure for the implementation of democracy law in communes, wards and townships in real life. The economic development prospects of ensuring democracy, economic development will create a middle-class and will create conditions for highly educated people and it is a new environment to democratization. 2.3.2.3. Cultural - social guarantees Implementation of the provisions of the law on social democracy contributes to the lives of residents in villages and hamlets, groups, solidarity and consensus. The ownership of the people in the cultural sector reflects social focus on improving literacy levels, cultural life build healthy spirit of grassroots and strengthen solidarity in the community, traditional moral education, culture, as well as raising political consciousness of the people. This condition is a solid basis to continue to promote the people's sovereignty and build a strong political system on the commune level. 2.3.2.4. Legal guarantees To bring the law to life, promote efficiency social relations, adjustment arising during the construction and implementation of democratic laws, we must first have a system of legal documents on democracy with quality. When the level of quality and perfection of the legal system of democracy in
communes, wards and towns relies on the basic criteria such as comprehensive, uniform, uniformity, appropriate legal qualifications. 2.4. Experience in implementing legislation on democracy in communes, wards and towns of the mountainous north-west provinces, valuable reference for the Central Highlands 15 years of implementing the provisions of law on democratic basis and monitoring inspection to improve the quality in the North West provinces has contributed a considerable part including manpower, along with the State's effort to build local infrastructure. From the practical outcomes of the North West provinces we can draw six lessons in the building, the people's contribution to building infrastructure, contributing to improving the material and spiritual life of ethnic minorities in the North West provinces, this experience is a useful lesson for the Central Highlands. Conclusion Chapter 2 On the theoretical basis of the state and law in general and the implementation of democratic law in particular combined with the knowledge in the field of implementation of the law on democracy in communes, wards and towns, chapter 2 of the thesis focuses on interpreting some basic theoretical issues about the implementation of the law on democracy in communes, wards and towns. Specifically, analysis and concepts are related to research topics such as the law of democracy in communes, wards and towns, particularly implementation of the law concept of democracy in communes, wards, and towns. The thesis points out the characteristics of the implementation of the law of democracy in communes, wards and towns, analyzes the differences of the implementation of the law on democracy in communes, wards and towns such as compliance, execution, and application of the law, which confirms the role of civil law all in communes, wards and towns. The thesis points out and analyzes the conditions for the implementation of the law of democracy in communes, wards and towns. Research experience in implementation of the law on democracy in communes, wards and towns of the provinces can apply for the Central Highland provinces. Chapter 3 THE PROCESS OF DEMOCRACY LAW DEVELOPMENT IN COMMUNES, WARDS AND TOWNSHIPS IN THE CENTRAL HIGHLAND PROVINCES
3.1. The process of formation and development of democratic law in communes, wards and towns in Vietnam 3.1.1. Law of democracy in communes, wards and towns from 1946 to 1998 Legal research on democracy in this period shows that the law has created an important legal framework of the process of expanding and promoting the democratic rights of the people in all areas of law on democratic institutionalized perspective, the Party line on sovereignty, self- determination of the people; create a legal basis to adjust some relations arising in the process of building socialist democracy in our country, namely: the right to determine, the right to vote, the right to work, the right to rest, the right to work, lodge complaints and denunciations and protest rights, business freedom, the right to inviolability of the home, objects, letters ... However, representative democracy is still not clear in terms of nature and specific regulations; there are many "gaps" that cannot be adjusted, making it difficult for the use and application of the law in particular and the general implementation of the law. 3.1.2. Law of democracy in communes, wards and towns from 1998 to present The laws of democracy in communes, wards and towns specifies the content: people know, people discuss, people decide; citizen participation and supervision, partly reflecting economic conditions, Vietnam's social reform, defined in many different legal documents such as the Constitution, the Code, laws, ordinances, decrees and circulars... in which mostly implement Ordinance democracy in communes, wards and towns. However, the system of democracy law in communes, wards and towns still does not have uniformity, consistency, high legal implementation. Implementing democratic Ordinance in communes, wards and towns in fact is the nature of legal documents under the law, is not legal documents comply with the legislative process of Congress. Therefore, the coherence of the drafting process, verification, approval and publication can not be guaranteed by a law enacted by Congress. 3.2. Current status of implementation of the law of democracy in communes, wards and towns in the provinces of the Central Highlands 3.2.1. The specific factors affecting the implementation of the law of democracy in communes, wards and towns in the provinces of the Central Highlands Implementation of the law on democracy in communes, wards and towns in the Central Highlands provinces affected by many factors such as geographic location and natural conditions; economic and psychological
factors, cultural traditions; factors on population characteristics, educational level; ethnic and religious elements of the Central Highlands; and conspiracy against the tricks of the enemy forces, the reactionary FULRO at home and abroad; qualifications, leadership skills, executive management teams of communal cadres. All the elements of this particular have impact on the process of implementing democracy law in the Central Highlands . 3.2.2. Current status of democracy law-abiding in communes, wards and towns of the Central Highlands For nearly 15 years, the Party, the Vietnam Fatherland Front at commune level in Central Highlands Provinces under the leadership of the Central Government and the local authorities have had several plans and measures to implement the law on democracy in communes, wards and towns. Thus, the results obtained were very encouraging. However, the legal entities have not abided the law completely in terms of "prohibit" provisions of democracy Ordinance in communes, wards and towns, the Law on Complaints, the Inspection Law, the Law on the Anti –Corruption, Vietnam Fatherland Front Law... 3.2.3. Current status of law observance of democracy in communes, wards and towns in the Central Highlands The ownership of the people can only be done in real life when the state agencies, civil servants and citizens perform their legal obligations in positive activities. Accordingly, in the process of implementation, organizations, civil servants and citizens have to take seriously the responsibilities of their legal obligations by democracy law in communes, wards, towns. However, democracy regulations have not been carried well in some workplaces without transparency in the voting of capital investment, policies lack of effective implementation. The implementation of election forms also limits the electoral process and civic consciousness. A majority of people have not really respected voting rights of citizens, the common law of economy mainly because people lack information. The observance of the regulations is not timely and flippant. 3.2.4. The actual use of the law of democracy in communes, wards and towns of the Central Highlands Implementation of the law on democracy in communes, wards and towns has different characteristics to perform a number of areas of law such as criminal, administrative areas..., so the implementation of the law on democracy in communes, wards, towns mainly focused on using legal forms. The subjects, a large number of people may use multiple forms to implement ownership, their right to self-determination. Commune governments have the responsibility to respect and to create conditions for people to use democratic rights in all fields. However, in practice people in the Central Highlands
provinces are still not fully aware of their responsibilities in the implementation of rights and obligations as prescribed by law. 3.2.5. Reality of applying democracy law in communes, wards and towns in the provinces of the Central Highlands Due to the awareness of the importance of the implementation of the law on democracy, in recent years five provinces of the Central Highlands had some activities to apply the law, manage documents , implement the law on democracy in communes, wards and towns; People work to settle complaints and denunciations to ensure the legitimate rights; combine the implementation of democracy legislation in communes, wards and towns in the Central Highlands provinces with administrative reform. However, these activities are not really effective in promoting the implementation of the law on democracy in commune, wards and townships. 3.3. General assessment of the status and lessons learned from implementing legislation on democracy in communes, wards and towns in the provinces of the Central Highlands 3.3.1. Overall Assessment 3.3.1.1. Advantages and limitations Research on reality of democracy law in communes, wards and towns in the provinces of the Central Highlands shows that promoting people's ownership in communes, wards and towns in the Central Highlands province has contributed to limit corruption, bureaucracy, arrogance, authoritarianism, forming good civil servants; sovereignty of the people is increasingly being promoted. The awareness of people about the "State of the people, by the people, for the people" with the motto "People know, people discuss, people do and people check" becomes specific and deeper. However, besides the results achieved, implementation process in the Central Highlands reveals some restrictions. 3.3.1.2. The cause of the advantages and limitations of implementing legislation on democratic communes, wards and towns in the provinces of the Central Highlands * The cause of the advantages : The process of deploying, implementing democratic legislation in communes, wards and towns in the Central Highlands provinces has obtained the basic achievements, attributable to the Party committees, government , unions and people of the Central Highlands rightly have perceived the importance of the implementation of the law on democracy in communes, wards and towns; attention and close guidance of the Party committees, local governments; The education level of workers, grassroots members of the Central Highlands has good development than before.
* The cause of these limitations: the system of legal documents is not consistent; there is no law to regulate in a most general way; harsh natural conditions, migration, resource conflicts; fiercely fighting against the forces of the enemy, FULRO reactionary forces at home and abroad; propagation and dissemination of implementation of democratic law, all experiences in the implementation process are not exchanged and disseminated... 3.3.2. Lessons learned in implementing the law on democracy in communes, wards and towns in the provinces of the Central Highlands From the practical implementation of the law of democracy in communes, wards and towns in the Central Highlands provinces, we can draw 6 lessons: ensuring the role and capacity of the Party leadership at different levels of villages and groups; team building to communal cadres, particularly minority officers; performing flexibly, creatively the motto "people know, people discuss, people do and people check”; making good role in advising the Party committees; focus on solving FULRO problems, political stability and socio-economic development of ethnic minority areas; strengthening people's confidence in the Party and government; implementation of the law of democracy in communes, wards and towns in the Central Highlands provinces need to promote the role of elders, clan heads, dignitaries, religious dignitaries. Conclusion Chapter 3 To assess the true state of the implementation of the law on democracy in communes, wards and towns in the Central Highlands, the thesis points out the specific factors affecting the implementation process of democratic law in communes, wards and towns. These factors have a significant impact and have contributed to enriching the basis of analysis, assessing the status of implementation of the law of democracy in communes, wards and towns in the provinces of the Central Highlands accordingly. In the study, through sociological investigation, the thesis has closely conducted research, making general assessments, theoretical knowledge and practical advantages, and limitations as well as the lessons learned about the process of implementing the law on democracy in communes, wards and towns in the provinces of the Central Highlands since the Politburo (termVIII) issued Directive No. 30 - CT/TW dated 02/18/1998.
Chapter 4 PERCEPTIONS AND SOLUTIONS TO ENSURE THE IMPLEMENTATION OF DEMOCRACY LAW IN COMMUNES, WARDS AND TOWNS OF THE CENTRAL HIGHLANDS PROVINCES 4.1. Viewpoint to ensure implementation of the law on democracy in communes, wards and towns in the provinces of the Central Highlands 4.1.1. Implementation of the law on democracy in communes, wards and towns in the Central Highlands provinces must thoroughly grasp the Party's view of democracy in general and democracy in communes , villages and hamlets in particular The process of implementation of the law on democracy in communes, wards and towns in the Central Highlands provinces have always been under the leadership and close direction of the Party committees and governments from provincial to commune level must be regarded as an important viewpoint in the development of solutions to ensure effective implementation of the law of democracy in communes, wards and towns 4.1.2. Raise awareness of subjects on position, role and importance of the implementation of the democratic law in communes, wards and towns in the Central Highlands region To have real democracy in the country, each person and commune need to raise awareness for cadres and people of the role and importance of the civil law, thereby promoting self-discipline and morale of all citizens and organizations in the implementation for democratic law. Each of these people have to understand their rights, their duties. 4.1.3. Implementation of the law on democracy in communes, wards and towns must be consistent and associated with specific conditions, in particular economy, culture, society, security and defense in the Central Highlands Law of democracy in communes, wards and towns stipulated in several documents issued by the State is universal, but besides that, the implementation process should also take into account characteristics of the locality, especially socio-economic conditions, the distinctive political, socio- economic, cultural situations of each locality, as well as psychological and cultural traditions, beliefs, rituals, lifestyle, custom, habits ... to meet the aspirations of the people in each area. 4.1.4. Implementing legislation on social democracy in the Central Highlands provinces to boost fight against bureaucracy, corruption, wastefulness; while protecting the rights and legitimate interests of citizens
Strengthen advocacy, education, awarenes, sense of responsibility of officials and party members, civil servants and the people on the prevention of corruption and waste. The Party committees, governments, people's organizations from district to commune maintain regular implementation, the Law on the Anti –Corruption, Law on saving practice and waste combat to civil servants, party members and the people. Measures combat bureaucratic corruption combined with the Party and government building. Implementation of laws and regulations of democracy in society, transparency of public finance regime encourages people to participate in the fight against bureaucracy, corruption and other negative factors, dealing violations strictly. 4.2. Measures to ensure implementation of the law on democracy in communes, wards and towns in the provinces of the Central Highlands 4.2.1. General solutions 4.2.1.1. Continue to develop and improve the law of democracy in communes, wards and towns To ensure effective civil law in communes, wards and towns, we should conduct a review of the provisions and additional overlap, the complete lack of regulation; overcome the lack of specificity, the contradictions, inconsistencies between the provisions of the laws of democracy; additional sanctions, stating how to handle violations and individual violations, having specific forms of processing; construction of new legislation; Supplemented , amended and improved rules, conventions of villages and hamlets and population groups . 4.2.1.2. Administrative and judicial reform, practical and effective implementation in communes, wards and towns Continue to implement administrative reform, administrative reform, this is considered a breakthrough in the whole process of implementation of the "one- stop" and "one stop shop"; expand and increase the number of trial in remote areas, minimize the number of outstanding enforcement. Make good work at the grassroots reconciliation, limit complaints, prolonged disunity among the people; continue to implement applications of information technology in administrative management. Prepare technical conditions, manpower to be able to build e-government to the commune level. 4.2.1.3. Enhance the propagation and dissemination, legal education on democracy in communes, wards and towns In recent years, the Central Highlands was interested in the propagation and dissemination, legal education on democracy in communes, wards and townships. However, through a survey found that parts of communal cadres, especially the ethnic minority communes, the revolutionary base areas , the new economy are still not familiar with the documents of the Party State and