Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.Tóm tắt: Đạo đức công vụ của đội ngũ công chức ngành Kiểm sát ở Việt Nam hiện nay.
ACADEMY VIETNAMESE SOCIAL SCIENCE ACADEMY OF SOCIAL SCIENCES - NGÔ THU HIỀN PUBLIC SERVICE ETHICS OF THE PROCURACY’S CIVIL SERVANTS IN VIETNAM Major: Philosophy Major: Ethics Code: 92 29 006 ABSTRACT OF DOCTORAL THESIS IN PHILOSOPHY Hanoi - 2022 The work was completed at: Graduate Academy of Social Sciences Supervisor: Assoc.Prof.Dr Tran Sy Phan Referee 1: Assoc.Prof.Dr Nguyen The Kiet Referee 2: Assoc.Prof.Dr Le Van Cuong Referee 3: Assoc.Prof.Dr Truong Ngoc Nam The thesis will be defended before the grassroots level council of Graduate Academy of Social Sciences to judge the doctoral thesis meeting at: Date: hour day month year 20 Thesis can be found at: INTRODUCTION Reasons for the topic In the personality structure of a person in general, of officers and the Procuracy’s Civil servants in particular, morality is considered as a fundamental element of personality With revolutionary morality, they will be not afraid, timid, or back down when facing difficulties and hardships; they also still retain the moralitys of humility without bureaucracy or without arrogance when reaching favorable conditions and success President Ho Chi Minh once said that: revolutionaries must be based on revolutionary morality to complete the glorious revolutionary task In the process of revolutionary leadership in general, in the officer strategy in particular, the Vietnamese Communist Party always appricate both "morality" and "talent", in which "morality is the root" One of the five contents of building and regulating the clean and strong Party set by the 13th Congress is to build and regulate the Party in terms of politics, ideology, morality, organization and officers Besides the majority of the Procuracy’s civil servants who always enhance the spirit and sense of responsibility in their work; respect the people; have a collective spirit, respect and cooperate with colleagues; have the will, the energy to rise up to successfully complete all assigned tasks, etc Currently, there is still a part of civil servants who have not kept up with the requirements and tasks of the policy of innovation, construction and development of the Procuracy The situation of injustice, wrong decision, abetting the mistakes or ignoring the crime has not ended The task completion level has not met expectation such as the famous wrong judgment case in Bac Giang for Mr Nguyen Thanh Chan (in 2003) and Mr Huynh Van Nen in Binh Thuan (in 1998) are the typical wrongful judgment case At the 15th session of the National Assembly Standing Committee (September 15, 2022), the Chairman of the Judiciary Committee of the National Assembly showed that there are still 17 cases of wrong judgment in the investigation and prosecution stage under the responsibility of of the People's Procuracy To build a public service with integrity and a state administration serving the people, democracy, rule of law, professionalism, modernity, purity, strength, publicity and transparency set by the 13th Party Congress It is required to have the officers, civil servants and employees in general and the Procuracy’s civil servants in particular who have both pure mortarity and the ability to well complete all assigned tasks Up to the present, there have been many scientific researches on the issue of public service ethics of civil servants, officers from different sides However, there has not been any specialized researches on the procurator’s public service ethics The absence of scientific research in personality and ethics of Procuracy’s civil servants will limit the improvement of public service ethics of civil servants in practice The interpretation and clarification of the civil servants’ public service ethics in the Procuracy allows to propose practical and feasible solutions to effectively solve the problems set in the practice of public service ethics of the Procuracy’s civil servants in Vietnam Through more than 60 years of construction and growth, the Procuracy has also set the requirements for building a public service with integrity, state administration serving the people, democracy and the rule of law; also building a clean, strong staffs that knows how to enhance the position and role and promote the responsibilities of people working in the Procuracy, contributing to improving the effectiveness of the supervision, contributing in building the strong Procuracy Beginning from the above reasons, the author chooses the issue of " Civil servants’ public service ethics of in the Procuracy in Vietnam at the present" as the topic of his doctoral thesis Research purposes and tasks 2.1 Research purposes Contributing to supplementing and developing the theory of public service ethics of the Procuracy’s civil servants and proposing a number of solutions to improve the public service ethics of the Procuracy’s civil servants in Vietnam and in the future 2.2 Research mission - Overview of the research situation related to the thesis topic and the problems posed for the thesis to continue to be solved - Analyzing and clarifying a number of theoretical issues about public service, public service ethics of the Procuracy’s civil servants in Vietnam at the present - Analyzing the current status of public service ethics of the Procuracy’s civil servants in Vietnam at the present, pointing out the causes of that situation - Proposing some solutions to improve the public service ethics for the Procuracy’s civil servants in Vietnam at the present Object and scope of the study 3.1 Research subjects The thesis focuses on studying the issue of public service ethics of the Procuracy’s civil servants in Vietnam 3.2 Research scope - About research space: mainly the Procuracy’s civil servants in two big cities, Hanoi, Ho Chi Minh City and some provinces in the North - About research time: The author researches the issue of public service ethics of the Procuracy’s civil servants in Vietnam from 2005 to present Theoretical foundations, practical basis and research methods 4.1 Theoretical basis The thesis is based on the theoretical basis of Marxism Leninism, Ho Chi Minh's thought, the viewpoint of the Communist Party of Vietnam on revolutionary ethics in general, and ethics of civil servants and officers of the Procuracy in particular In addition, the author also inherits the research results of a number of scientific works related to the research topic 4.2 Practical basis - The thesis is carried out on the basis of researching and using practical documents and data in scientific research works, reports, summaries and evaluations of the Party, State, the Judiciary sector, concerned agencies, socio-political organizations, individuals on ethical issues, public service ethics, career ethics of civil servants, officers in general and civil servants and officers of the Procuracy in particular - The thesis researches and uses the data in the documents, the final report of the Procuracy and synthesizes some reflections and data of the media agencies related to the research topic - The thesis asks for opinions of scientists inside and outside the force on some contents of the research content of the thesis 4.3 Research Methods The author of the thesis uses the methodology of dialectical materialism and historical materialism; combination of analysis and synthesis; history and logic; starting from abstract to concrete; using secondary documents in documents, reports summarizing internal affairs, anti-corruption works and synthesizing some reflections of the media in assessing the current status of public service ethics of Procuracy ‘s Civil servants in Vietnam at present New contributions of the thesis - The thesis clarifies the functions, tasks, characteristics of public service activities of the Procuracy’s civil servants as well as the characteristics of public service ethics of the Procuracy’s civil servants in Vietnam at the present - The thesis clarifies the advantages and limitations of the public service ethics of the Procuracy’s civil servants in Vietnam - The thesis proposes some new solutions to improve the public service ethics for the Procuracy’s civil servants in Vietnam at the present and in the future Theoretical and practical significance of the thesis The thesis can be used as a reference for the development of curricula, curricula, and training in educational institutions, training, research on ethics, public service ethics, and career ethics profession for prosecutors as well as research institutions and those interested in this issue Thesis structure In addition to the Introduction, Conclusion, List of published scientific works of the author, List of references and appendices, the thesis consists of chapters, 12 sections Chapter OVERVIEW OF RESEARCH RELATED TO THE THESIS TOPIC 1.1 Research works on theory of public service and civil servants; public service ethics in general, public service ethics in the Procuracy in particular 1.1.1 Research works on public service and civil servants The issue of public services and civil servants in the past time has had many authors and organizations interested in researching and approaching it from different angles Some works can be mentioned such as: "Research and comparation of regulations on public service ethics of some countries and Vietnam" edited by Do Thi Ngoc Lan; "Public service ethics of current officers, civil servants " by author Than Minh Que: "Ethics of civil servants in performing Public service " by Ngo Thanh Can (editor), etc Besides giving the public service concept, the authors also point out the characteristics of public service activities Public service activities are associated with civil servants The concept of civil servants has been mentioned in a number of scientific research works: "Improving the public service ethics of civil servants at the present " by Tran Sy Phan; “The role of public service ethical standards and the content of public service ethics education for officers and civil servants in Vietnam at the present” by Le Thi Nam An, etc In particular, in the book Ethics of civil servants in public service, edited by Ngo Thanh Can, the research team cited the concept of civil servants of French scientists, analyzed different approaches to civil servants and finally the authors gave their opinion 1.1.2 Research works on public service ethics in general, public service ethics in the Procuracy in particular In recent decades, there have been a number of research works on civil servant ethics, public service ethics, and career ethics associated with the administrative reform process in the context that the country is in the process of renewal and integration and development There are scientific works such as: "Ethics in the public service" by the group of authors To Tu Ha, Tran Anh Tuan, Nguyen Thi Kim Thao; “Ethics of civil servants in performing public services” (2019) edited by Ngo Thanh Can, etc The articles such as "Public service ethics and some basic solutions to improve public service ethics for our country's officers and civil servants at the present" by Vu Van Diep; "Building public service ethics in the context of market economic development in Vietnam at the present" by Truong Thi Phuong Thao and Tran Viet Quang and the article "Difference in public service ethics of a part of officers and civil servants in Vietnam at the present and solutions" by Le Thi Nam An, etc The above works have mentioned the issue of public service ethics, considering it as a category reflecting the relationships between people at work and associated with the activities of people working in the state administrative apparatus as a specific field of social ethics, manifested in the behavior of officers and civil servants in exercising public rights or serving society The public service ethical standards are also mentioned, associated with the performance of duties and responsibilities of officers and civil servants in an administration for the people that is gradually being built and consolidated 1.2 Research projects on the current situation and solutions to improve public service ethics of the Procuracy’s civil servants in Vietnam at the present 1.2.1 Research works on the current state of public service ethics of the Procuracy’s civil servants in Vietnam at the present Due to the multi-dimensional impact of economic, political, social life, social ethics in general and public service ethics in particular in Vietnam, many complicated problems have arisen Facing with that situation, many scientific works have deeply studied the current state of ethics and public service ethics in our country and drawn important conclusions in both theory and practice Notable works can be mentioned such as "Professional ethical standards of officers, civil servants of the judicial branch and requirements for accelerating reform of the public service and civil servant regime" by Tran Van Quang; “Difference in public service ethics in a part of Vietnamese civil servants at the present” by Tran Sy Phan; “Works of welcoming people in the People's Procuracy through 03 years of implementing the Law on welcoming people in 2013” by Nguyen Kim Sau and Pham Quoc Huy; "Application of Ho Chi Minh's thought in building a contingent of judicial officers in Vietnam at the present" by Tao Thi Quyen and Tran Thi Huong; Author Le Van Dong with the article "Solutions to prevent and reverse the degradation of political ideology, morality and lifestyle of officers and party members in the field of crime prevention and control"; Author Doan Nam Dan with the article "Strengthening public service ethics education for civil servants at the present" and the article "The People's Procuracy promotes learning and following Ho Chi Minh's ideology, morality and style" ( 2020) by Pham Vu Thang, etc, v.v Chapter PUBLIC SERVICE ETHICS OF PROCURACY’S CIVIL SERVANTS VIETNAM - THEORETICAL ISSUES 2.1 The concept of civil servants, public services, ethics and public service ethics 2.1.1 The concept of civil servants and public services 2.1.1.1 Civil servant Civil servants are Vietnamese citizens, are recruited and appointed to ranks, positions and titles corresponding to the employment positions in agencies of the Communist Party of Vietnam, the State, and socio-political organizations at the central level, provincial and district levels; in agencies or units of the People's Army who are not officers, professional soldiers or defense workers; in agencies and units of the People's Public Security who are not officers, non-commissioned officers serving under the professional regime, public security workers on the payroll and receiving salaries from the state budget 2.1.1.2 Public service Public service means an activity of state power conducted by cadres, civil servants and public employees in accordance with law in order to perform the functions and tasks of the state, in order to serve the interests of the state, the people and society 2.1.2 Ethics and public service ethics 2.1.2.1 Ethics Ethics is a system of principles, rules and social standards aimed at assessing and regulating human behavior in relation to each other and 12 is implemented by personal beliefs, by national traditions, by the power of public opinion and is realized in behavior and moral relations 2.1.2.2 Public Service Ethics Public service ethics is a system of standards and principles used to adjust and evaluate the behavior of cadres, civil servants and public employees in the performance of official duties in order to build a modern and regular administration; for the goal of rich people, strong country, democracy, justice and civilization 2.2 The Procuracy’s Civil servants and the content of public service ethics of the civil servants in the Vietnamese Procuracy 2.2.1 Functions, tasks and characteristics of public service activities of the Procuracy’s civil servants The Constitution of the Socialist Republic of Vietnam (amended in 2013) and the Law on Organization of the People's Procuracy (2014), affirms: In the state apparatus, the People's Procuracy is the agency that exercises the right to prosecute and supervise the judicial activities of the Socialist Republic of Vietnam The People's Procuracy has the duty to protect the Constitution and the law, to protect human rights and citizens' rights, to protect the socialist regime, to protect the interests of the State, and the legitimate rights and interests of organizations and individuals contributing to ensuring the strict and uniform observance of the law The human factor to ensure the operation of the People's Procuracy is the contingent of officers, civil servants and public employees of the Procuracy The Procuracy’s civil servants includes those who are recruited and appointed to the rank of civil servants of the procuracies of all levels; controlling judicial activities, having the function of protecting the Constitution and the 13 law, protecting the interests of the State, and the lawful and legitimate rights and interests of organizations and individuals, contributing to ensuring that the law is followed strictly and consistently In the Procuracy, in addition to the Chief Procurator of the Procuracy at all levels and other officials , procurators, examiners and investigators are the core force, ensuring the correct performance of functions, tasks and rights of the industry Civil servant of the Procuracy is a Vietnamese citizen who is recruited and appointed to a rank, position or title corresponding to a job position in the Procuracy and receives a salary from the State budget 2.2.2 Concepts , characteristics and some basic content of public service ethics of civil servants in Vietnam 's Procuracy 2.2.2.1 Public service ethics of the Procuracy’s civil servants sector Public Service Ethics of Public Prosecutors is a system of principles, rules and standards used to evaluate and adjust the attitudes, behaviors and conduct of civil servants in the public prosecutor's office during the performance of their official duties; express their responsibility, conscience and obligations in the process of exercising the right to prosecute and supervise judicial activities of the Socialist Republic of Vietnam 2.2.2.2 Characteristics of public service ethics of the Procuracy’s civil servants sector Public service ethics of the contingent of civil servants is formed from the official requirements of the Procuracy 14 - The activities of the contingent of civil servants are associated with the exercise of the right to prosecution and supervision of judicial activities, contributing to ensuring the strict and uniform observance of the law - Professional activities of civil servants shall be carried out according to the principle of centralized and unified leadership in the People's Procuracy - Professional activities of civil servants who regularly have official relationships with other subjects in the process of settling criminal, administrative, civil cases and other matters according to regulations provisions of law; with the subjects of criminal judgment execution, civil judgment execution - The professional activities of the civil servants are always associated with the legitimate rights and interests of the participants in the proceedings Public service ethics of civil servants is the synthesis of personal ethics of civil servants with public service ethics of the Procuracy’s civil servants 2.2.2.3 Some basic contents of public service ethics of the Procuracy’s Civil servants Firstly, defending the Constitution and the law; keep state secrets, work secrets Secondly, upholding the spirit of serving the people; respect and be under the supervision of the people Thirdly, positive, self-disciplined, fair, upright, objective in handling work Fourthly, upholding the spirit of solidarity, cooperation and sharing with colleagues in performing official duties 15 Fifthly, industry, thrift, honesty and righteousness, publicmindedness 2.3 Factors affecting the public service ethics of civil servants in Vietnam's Procuracy - The impact of the socio-economic environment , which includes: + The impact of the market economy on the public service ethics of the Procuracy’s Civil servants + The impact of globalization and the trend of international integration on the civil service ethics of the Procuracy’s Civil servants - The impact of public service ethics education and selfeducation of the Procuracy’s Civil servants - The impacts of mechanisms and policies; from the leadership and management of officers and the Procuracy’s Civil servants 16 Chapter PUBLIC SERVICE ETHICS OF PROCURACY’S CIVIL SERVANTS VIETNAM NOWADAYS - SITUATION AND CAUSE OF THE STATUS 3.1 The current status of public service ethics of procuracy’s civil servants Vietnam 3.1.1 Advantages and limitations in protecting the Constitution and the law; keep state secrets, work secrets Many the Procuracy’s Civil servants have resolutely fought against false ideas and views, defended the Party's program and correct lines, and the laws of the State Not for personal gain that violates the regulations of the industry, the agency; Not because of the temptation of money, but to damage the prestige and honor of the State and the interests of the people In addition to the achievements, the Procuracy’s Civil servants also revealed many weaknesses and negatives in the field of public service ethics In fact, there have appeared a part of civil servants showing signs of fading of revolutionary ideals, losing their determination about the path to socialism that our Party and State have chosen They misunderstand the meaning and importance of theory and study political theory, not strictly abide by the operating principles of the State, lose the will to fight, and fail to be exemplary in their work 3.1.2 Advantages and limitations in promoting positivity, selfdiscipline, fairness, integrity and objectivity in handling work In all work contents of the Sector, the vast majority of civil servants are always active, proactive in their work, making efforts 17 and voluntarily rising up to fulfill their assigned tasks They are constantly innovating, applying new technologies and working methods to ensure the efficiency and effectiveness of the civil service In addition to the positive results in the implementation of the public service ethics, many civil servants take advantage of the incompleteness of the law to arbitrarily apply the law to the benefit or disadvantage of the litigants depending on their relationship system or extraneous remuneration Some civil servants in the process of performing their official duties have an inappropriate attitude and lack of respect for the public, especially those involved in the case, which prosecutors and investigators are carrying out in the prosecution process chanting; one set department labour position not yet real events appreciate the spirit responsibility, like not yet keep time in job next receive, award decide element sense, believe newspaper about sin offense; have not focused on cultivating professional skills, leading to errors and limitations in the performance of official duties 3.1.3 These pros point and term processing in job raise the spirit of solidarity, attachment, sharing with colleages in performing official duties Solidarity, cooperation with colleagues, improving the collective spirit in the performance of official duties are the important ethical qualities of civil servants today In addition to the positive records, the spirit of solidarity and cooperation in the performance of public duties of the civil servants, there are many expressions of disagreement, not meeting the requirements of promoting the ethical values of public service in the 18 ... the Procuracy’s civil servants in Vietnam at the present - Analyzing the current status of public service ethics of the Procuracy’s civil servants in Vietnam at the present, pointing out the causes... in Vietnam at the present Object and scope of the study 3.1 Research subjects The thesis focuses on studying the issue of public service ethics of the Procuracy’s civil servants in Vietnam 3.2... Procuracy’s civil servants in Vietnam at the present - The thesis clarifies the advantages and limitations of the public service ethics of the Procuracy’s civil servants in Vietnam - The thesis proposes