Đang tải... (xem toàn văn)
MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY LE THANH THUY THE PRINCIPLE OF PUBLICITY IN INSPECTION ACTIVITIES Major Constitutional and Administrative Law Code 9 38 01 0[.]
MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY LE THANH THUY THE PRINCIPLE OF PUBLICITY IN INSPECTION ACTIVITIES Major : Constitutional and Administrative Law Code : 38 01 06 SUMMARY OF LAW DOCTORAL THESIS HANOI - 2023 The Thesis has been completed at Ha Noi Law University Supervisors: Assoc Prof Dr Nguyen Van Quang Dr Đinh Văn Minh Reivewer 1: Reivewer 2: Reivewer 3: The Thesis was defended before the Doctoral Thesis Evaluation Panel (the University level) at Ha Noi Law University On …/ ./ 2023 The Thesis can be found at the National Library of Vietnam and the Library of Ha Noi Law University INTRODUCTION Rationale for the Topic Selection Inspection serves as a core aspect of State governance, intricately woven into its operational fabric Upholding the principle of publicity within inspection activities isn’t just a procedural step - it embodies democratic ideals and underpins the State’s legitimacy in conducting inspection meticulously and within the confines of the law This commitment fosters a culture of integrity within the realm of inspection Publicity in inspections goes beyond mere compliance; it bolsters the competence and efficacy of inspection bodies It acts as a shield against corruption, preemptively guarding against unethical practices, and nurturing public confidence in these oversight entities Moreover, this commitment to publicity creates an inclusive platform that encourages open dialogue, fine-tunes legislation, and harmonizes the enforcement of legal standards The practical operation of the inspection sector in recent years have showcased remarkable and encouraging progress, culminating in heightened effectiveness The legal framework and procedural intricacies within the field of inspection have undergone steady refinement, leading to an increased identification of irregularities Subsequently, corresponding recommendations for rectification by the inspection sector have surged Nonetheless, practical inspection work reveals that the sector is concurrently contending with numerous persistent challenges and limitations These factors curtail the efficiency of inspection activities and impart implications on the sector’s reputation and credibility Several quality inspection activities still demonstrate limitations, characterized by extended inspection durations Some inspection activities deviate from their intended plans, and information requests frequently lack relevance to the core focus of the inspection Repetition of inspection topics can inconvenience the subjects under inspection In specific instances, those being inspected respond to inspectors by perceiving them as imposing, lacking a democratic approach, being bureaucratic, unfamiliar with legal and practical aspects, violating procedural norms, and conducting inspections in a mechanical manner Consequently, this has led to situations where the subjects of inspection contest inspection conclusions, fail to promptly implement recommendations and decisions post-inspection, or deliberately delay their execution Furthermore, negative perceptions and inaccurate information dissemination about inspection activities and the inspection sector persist The monitoring, verification, and consistent enforcement of post-inspection recommendations remain areas that require improvement There are multiple factors resulting in the aforementioned limitations, among which the reasons related to regulating and ensuring the implementation of the principle of publicity in inspection activities must be highlighted A notable example includes the following: Firstly, the absence of regulations concerning publicity throughout the process of formulating and submitting inspection result reports Secondly, the existing provisions governing the publicity of inspection conclusions in the current Inspection Law are broad and vague, posing difficulties for relevant parties to access inspection findings Thirdly, the rights of subjects undergoing inspection remain restricted One of their rights is to provide explanations on matters related to the inspection's content during the inspection process Fourthly, the confidential list within the inspection sector incorporates several unreasonable aspects that not align with the context of contemporary administrative reforms, thereby diminishing publicity in inspection endeavors Lastly, there is an absence of provisions for penalties pertaining to breaches of the principle of publicity in inspection activities Therefore, undertaking research on the subject of “The Principle of Publicity in Inspection Activities” is imperative, aligning with the practical requirements of inspection work in the current phase Objectives and Research Tasks 2.1 Research Objectives The aim of this dissertation is to elucidate the theoretical foundation of the principle of publicity in inspection activities, assess the current legal regulations and the practical enforcement of this principle, with a particular emphasis on highlighting relevant shortcomings and limitations Based on this analysis, the dissertation proposes specific solutions to ensure the implementation of the principle of publicity in inspection activities in our country’s present phase 2.2 Research Tasks To achieve the aforementioned research objectives, the dissertation focuses on the following primary research tasks: Firstly, providing an overview of domestic and international research related to the dissertation's topic to evaluate the existing studies and identify areas that require further exploration Secondly, analyzing and clarifying the theoretical underpinnings of regulating and ensuring the implementation of the principle of publicity in inspection activities, including their essence, characteristics, content, and significance The study will also examine factors influencing the implementation of the principle of publicity in inspection activities Thirdly, analyzing and assessing the present state of legal regulations and the practical enforcement of the principle of publicity in inspection activities in conjunction with the establishment and progression of inspection agencies in our country from 1945 to the present This encompasses the identification of limitations and deficiencies in legal regulations and the actual execution of the principle of publicity in inspection activities Particularly, this evaluation extends to the period following the enactment of the 2010 Inspection Law up to the current moment It also entails an in-depth exploration of the fundamental reasons behind these constraints and deficiencies Fourthly, building upon the scrutiny of theoretical underpinnings and the evaluation of legal regulations and their application, clarify the pathways toward ensuring the principle of publicity in inspection activities Derived from this groundwork, put forward specific strategies aimed at guaranteeing the robust implementation of the principles of publicity within the ongoing inspection practices in our country Research Subjects and Scope 3.1 Research Subjects The research subjects of the dissertation encompass theoretical matters concerning the principle of publicity in inspection activities, legal regulations related to publicity in inspection processes, and the practical application of the principles of publicity within inspection activities in Vietnam 3.2 Scope of Research - Content Scope: The research predominantly explores theoretical aspects, legal provisions, and the pragmatic execution of the principle of publicity across the spectrum of State inspection procedures This encompasses the stages of inspection preparation, direct inspection processes, inspection conclusions, and post-inspection procedures, all as stipulated by legal requirements - Spatial Scope: The dissertation focuses on the study of the principle of publicity in inspection activities in Vietnam To fulfill the dissertation's objectives and research tasks, when analyzing and evaluating theoretical concepts and legal regulations pertaining to publicity in inspection activities, pertinent foreign theoretical and legal frameworks are also referenced to a certain extent - Temporal Scope: The dissertation primarily centers on evaluating the current status of legal regulations and practical enforcement regarding the principle of publicity in inspection activities, encompassing the period from the implementation of the 2010 Inspection Law up to the present However, to provide comprehensive assessments and valid conclusions, the research delves into the historical trajectory from 1945 (the establishment of the inspection agency of the Democratic Republic of Vietnam) to the present, examining actual legal provisions and enforcement related to the principle of publicity in inspection activities Research Methodology - The synthesis and analysis method is employed throughout the dissertation’s chapters to illuminate theoretical facets related the principle of publicity in inspection activities This method entails amalgamating collected data and information, delineating deficiencies and constraints, pinpointing the root causes of these limitations, and subsequently proposing pertinent remedies - The interpretation and induction method is consistently applied across the entire dissertation to address research inquiries and validate the precision of the formulated research hypotheses - The historical and logical methods take center stage in Chapter of the dissertation Their application is geared towards delving into the legal regulations and their practical implementation concerning the principle of publicity in inspection activities spanning from 1945 to the present The objective is to paint a comprehensive panorama of the principle of publicity within inspection activities in Vietnam This undertaking facilitates perceptive evaluations and conclusions, serving as the bedrock for advocating fitting solutions - Comparative Method: This method is primarily employed in Chapters and of the dissertation to juxtapose and compare theoretical principles and legal regulations from foreign jurisdictions Its objective is to analyze the theoretical underpinnings of the principle of publicity in inspection activities and to compare the practical implementation of legal regulations related to the principle of publicity across different stages and periods from 1945 to the present - Practical Summation Method: This method is predominantly used in Chapter of the dissertation to evaluate and underscore limitations and deficiencies within legal regulations and their enforcement concerning the principle of publicity in inspection activities - Sociological Survey Method (Questionnaire): This method is employed in Chapters and of the dissertation to collect practical insights concerning perceptions of the principle of publicity in inspection activities, pertinent limitations, drawbacks, and proposed strategies for ensuring the effective implementation of the principles of publicity To accomplish this, the researcher distributed 300 survey questionnaires through both direct and online channels to inspection agencies and units nationwide The survey participants encompass officials in roles such as Department Heads, Deputy Department Heads, Division Heads, Chief Inspectors, Deputy Chief Inspectors, Principal Inspectors, and Inspectors with participation in multiple inspection teams Furthermore, the researcher directly conducted interviews with officials holding positions such as Department Heads, Deputy Department Heads, and Division Heads within the Government Inspectorate The comprehensive questionnaire forms and the analysis results are presented in the dissertation’s appendix Scientific and Practical Significance of the Study - Scientific Significance: The research findings of this study contribute to addressing various theoretical issues, particularly the understanding of the principle of publicity in inspection activities within the context of constructing a socialist State governed by the rule of law, “Of the People, By the People, For the People”, administrative reforms, the establishment of an accountable and ethical government that serves the people, and the diverse factors influencing the implementation of the principles of publicity in inspection activities - Practical Significance: The research outcomes of this study provide a comprehensive, vivid, and authentic depiction of the current state of legal regulations and practical enforcement of the principle of publicity in inspection activities It highlights limitations, deficiencies, and particularly specific solutions to ensure the implementation of this principle in the present phase of our country Consequently, this study can serve as a reference material for policy and legal institutions to further refine legal regulations It can guide organizations, entities, and individuals responsible for law enforcement in inspection activities, especially inspection agencies, in effectively adhering to legal provisions regarding publicity Additionally, the study can serve as educational material for research and teaching activities related to inspection activities in educational and research institutions in our country Structure of the Dissertation In addition to the introduction, research overview, conclusions, reference list, and appendices, the dissertation comprises three chapters: Chapter 1: Theoretical Issues Regarding the Principle of Publicity in Inspection Activities Chapter 2: Current Legal Framework of the Principle of Publicity and Practical Implementation Thereof in Vietnam Chapter 3: Viewpoints and Solutions to Ensure the Implementation of the Principle of Publicity in Current Inspection Activities in Vietnam RESEARCH ISSUE OVERVIEW Research Situation in Vietnam 1.1 Pertinent Studies on Theoretical Aspects of the Principle of Publicity in Inspection Activities First and foremost, concerning the concepts of inspection and inspection activities, it is evident that there have been foundational studies delving into the concept of inspection These studies tackle the definition and establish diverse dimensions, shedding light on various facets associated with the essence of inspection and inspection activities Secondly, the understanding of the principle of publicity in inspection activities remains an area warranting continued exploration Thirdly, regarding the factors that influence the implementation of the principle of publicity in inspection activities, it can be asserted that, until now, there hasn’t been any published research that directly addresses the factors affecting the implementation of the principle of publicity in inspection activities 1.2 Relevant Research on the Practical Application of the Principle of Publicity in Inspection Activities From a legal perspective, the practical application of the principle of publicity in inspection activities is evident in two aspects: the practical implementation of legal regulations related to the principle of publicity in inspection activities, and the actual execution of legal provisions concerning the principle of publicity in inspection activities 1.3 Research Pertaining to Orientation and Solutions Ensuring the Principle of Publicity in Inspection Operations Regarding the orientation and solutions to ensure the principle of publicity in inspection activities, there have been several relevant research works These serve as foundations that doctoral candidates can build upon and incorporate into their dissertations In the current context, publicity and transparency are fundamental issues highlighted in the operations of governmental agencies, particularly in the field of anti-corruption efforts Therefore, the task of inheriting and continuing research on the principle of publicity in inspection activities holds significant importance Research Situation Abroad In essence, foreign studies have not delved deeply into the the principle of publicity in inspection activities However, upon analyzing and evaluating related content, the principle of publicity in inspection activities have been mentioned to varying degrees Evaluation of Research Topic Situation 3.1 Inherited and Further Developed Topic Contents The dissertation can inherit specific aspects, namely: theoretical considerations of inspection and inspection activities; theoretical discussions on transparency in general, the correlation between publicity and accountability, and the obligation of explanation, as addressed in numerous preliminary research works, providing the foundation for studying publicity in inspection activities; legal provisions and the practical implementation of the principle of publicity in inspection activities; solutions to ensure the principle of publicity in inspection activities 3.2 Unresolved Issues Requiring In-Depth Analysis and Continued Research From a theoretical perspective, it is evident that conducting thorough research and providing specific explanations regarding the theoretical aspects of the principle of publicity in inspection activities represent a crucial gap that needs to be addressed This is particularly evident when considering the comprehension of publicity content within inspection activities, understanding the role of the principle of publicity in these activities, and identifying the influential factors affecting the implementation of the principle of publicity within inspection processes On the practical side, a comprehensive analysis and evaluation of the legal regulations that establish the foundational framework for the principle of publicity in inspection activities, coupled with an overarching assessment of the practical implementation of these principles, including the identification of existing issues, limitations, and the underlying reasons for these limitations in relation to the implementation of the principle of publicity in inspection activities, are topics of significant concern that deserve attention Research Hypothesis and Research Questions 4.1 Research Hypothesis The research hypothesis of the dissertation is as follows: The practical implementation and enforcement of legal regulations concerning the principle of publicity in inspection activities - principles that play a crucial role in ensuring the effectiveness and efficiency of inspection activities in our country - have yielded some positive outcomes but still exhibit numerous limitations and deficiencies Therefore, it is necessary to clarify the theoretical foundation, conduct in-depth analysis, and comprehensively assess the practical implementation and enforcement of legal regulations related to the principle of publicity in inspection activities This will provide the groundwork for proposing solutions to enhance the effectiveness of these principles 4.2 Research Questions To substantiate the aforementioned research hypothesis, the dissertation will sequentially address the following research questions: - What is the principle of publicity in inspection activities? What specific aspects does this principle encompass? What significance does the making pertinent subjects public and transparent to safeguard the legitimate rights and interests of those being inspected This approach also facilitates corrective measures and compensation in instances of wrongdoing Furthermore, limited publicity and transparency serve to shield the reputation of State agencies, guarding against hostile forces leveraging information to tarnish the State’s image, undermine governance, and jeopardize national security 1.3.3 The Relationship between Publicity and Accountability Accountability practices in countries worldwide, including Vietnam, assert that the responsibility for accountability rests with State management agencies The subjects of accountability encompass citizens or entities falling under the oversight of these State management agencies These agencies are tasked with executing their duties and exercising their authorities Accountability functions as a means and tool for "monitoring" the execution of executive and administrative powers, enabling the State, society, and the people to supervise the operations of State administrative agencies, along with officials and public servants within this structure This oversight is aimed at ensuring and safeguarding human rights, the legitimate rights and interests of citizens, organizations, and entities through honesty, accuracy, publicity, transparency, legality, and discipline in State administrative activities, ultimately contributing to the prevention and combat of corruption 1.4 The Content of Publicity in Inspection Activities 1.4.1 Information to be Made Public During the course of conducting inspections, the content subject to publicity is determined as follows: - Publicity to elucidate the activities of State management in the realm of inspection, rendering them clear and comprehensible - Publicity to ensure that the Inspection Team adheres to legal provisions, fostering a heightened sense of responsibility, furnishing accurate and objective evaluations of the inspected entity’s compliance with the law, and safeguarding the legitimate rights and interests of the inspected entity - Publicity to facilitate the monitoring of the Inspection Team’s activities by State agencies, organizations, individuals, and the media 1.4.2 Forms of Publicity Currently, publicity is manifest through various forms As stipulated by some countries, the forms of publicity encompass public media: traditional 11 media (newspapers, magazines, and radio), modern media (live broadcasting programs, television magazines, printed and electronic newsletters, internet, and computer networks) Modern media based on new technology include online meetings, electronic newspapers, cable TV, and the internet In Vietnam, in accordance with the Anti-Corruption Law, the forms of publicity include: announcement at meetings of agencies, organizations, and units; posting at the premises of agencies, organizations, and units; notifying relevant agencies, organizations, units, and individuals through written communications; publishing publications; publicizing on public information platforms; posting on electronic information portals; organizing press conferences; providing information upon the request of related agencies, organizations, and individuals According to the provisions of the Inspection Law, the following forms of publicity apply (these forms are only applicable to Inspection Conclusions): announcement at meetings attended by decisionmaking authorities, the Inspection Team, the inspected entity, relevant State management agencies, organizations, or individuals, or at press conferences; notification through public media; posting on the electronic information portal of the State inspection agency, specialized inspection agency, or State management agency at the same level; posting at the workplace of the inspected entity; providing information upon the request of relevant agencies, organizations, and individuals 1.4.3 Subjects of Public Disclosure The subjects of public disclosure in inspection activities include individuals or entities as stipulated by the law, who have the right to access information during the inspection process Specifically, these encompass the inspected entities, members of the Inspection Team, and relevant parties The inspected entities during the inspection process consist of State management agencies and business entities (State-owned enterprises, private enterprises, cooperatives, etc.) Depending on the authority of the inspection agency, there will be corresponding inspected entities in accordance with legal regulations 1.5 The Significance of Publicity in Inspection Activities Firstly, the principle of publicity enables agencies, organizations, and citizens to oversee inspection activities 12 Secondly, publicity aids the inspection agency, Chief of the Inspection Team, and members of the Inspection Team in enhancing their sense of responsibility during the execution of inspection tasks Thirdly, publicity assists the inspected entities in understanding their tasks and authorities and carrying them out as needed 1.6 Factors Influencing the Implementation of the Principle of Publicity in Inspection Activities Firstly, the system of policies and laws regarding inspections Secondly, the organizational structure and operational mechanisms of administrative bodies at various levels, from the central government to local authorities Thirdly, the cadres, public officials, and civil servants who perform official duties within the administrative apparatus Fourthly, the necessary State financial resources for the functioning and execution of national objectives by administrative bodies Fifthly, the socio-economic conditions of the country, societal customs, and traditions Sixthly, the legal awareness of State management agencies and citizens Seventhly, international integration issues Chapter CURRENT LEGAL FRAMEWORK OF THE PRINCIPLE OF PUBLICITY AND PRACTICAL IMPLEMENTATION THEREOF IN VIETNAM 2.1 Legal Practices and Enforcement of the the principle of publicity in Inspection Activities from 1945 to 1989 2.1.1 Legal Practices Given the historical context of Vietnam from 1945 to 1989, which was the period of the newly established Democratic Republic of Vietnam, where the country was engaged in both nation-building and State institution development, policy and legal framework establishment, and economic development, as well as in a defensive struggle against foreign invaders, the overall policy and legal framework, including inspection policies, were just starting to be developed and expressed through documents aligned with the country’s situation Although this period did not explicitly address the principle of publicity in inspection 13 activities, the practice of disclosing inspection findings and actions taken against subjects of inspection was carried out to inform the general population about the outcomes of inspections and inspection activities This served as an essential foundation for the formation and development of the tin subsequent periods of inspection activities 2.1.2 Practical Implementation During the period from 1945 to 1989, inspection activities were regulated by the law, and significant results were achieved in the management of national resources and assets Although the principle of publicity was not explicitly outlined in the legal texts during this period, it was evident in the practical execution of inspection tasks, especially in the publication of inspection findings To a certain extent, transparency in inspection activities was emphasized 2.1.3 Observations and Assessments of Legal Practices and the Enforcement of the Principle of Publicity in Inspection Activities from 1945 to 1989 Firstly, the Political and Socio-Economic Landscape of the Country The newly established Democratic Republic of Vietnam in 1945 encountered numerous difficulties and formidable challenges Economically and socially, the period from 1945 to 1975 was marked by extreme hardship The nation had to simultaneously defend its sovereignty and develop its economy under conditions of poverty and scarcity After the unification of the country in 1975, the task of nation-building and development faced numerous obstacles due to the impact of various economic and social crises during this period Secondly, an Incomplete Legal System During the early years of the revolutionary government, it is understandable that our legal system was relatively rudimentary and lacked the capacity to establish a solid legal foundation for organizing and implementing various national management tasks, including inspection activities Thirdly, the Administrative Apparatus for National Management and the Corps of Officials and Civil Servants Working in State Agencies The administrative apparatus for national management underwent multiple changes due to fluctuations in the political and socio-economic situation during this period The corps of officials and civil servants working under the revolutionary government in its early stages consisted of 14 individuals with a patriotic spirit and a good understanding of national management tasks, some of whom had previous experience in the former government's apparatus Additionally, the revolutionary government during that period mobilized the efforts, intelligence, and enthusiasm of revolutionary officials and the general public, promoting a spirit of learning by doing in order to excel in their work Fourthly, Cultural Practices, Customs, and Legal Awareness of the Population Vietnamese society during the establishment of the revolutionary government was influenced by remnants of the feudal and colonial eras, resulting in outdated customs and practices and a generally low level of intellectual development Many individuals were illiterate Over time, as the country developed, Vietnam managed to overcome poverty, eradicate illiteracy, and enhance intellectual capabilities However, during the initial period, the limited awareness of the population posed challenges for overall management efforts and, specifically, for inspection activities 2.2 Legal Practices and Enforcement of the Principle of Publicity in Inspection Activities from 1990 to 2010 2.2.1 Period from 1990 to 2004 2.2.1.1 Legal Practices During this period, the implementation of the principle of publicity was executed, with inspection conclusions being fully disclosed, including details of violations and measures taken against the subjects of inspection This ensured the effectiveness of inspection agency operations, media supervision, and citizen compliance with the legal regulations of the inspection agency 2.2.1.2 Practical Implementation During this period, the principle of publicity was implemented, with inspection conclusions being fully disclosed, including details of violations and measures taken against the subjects of inspection This ensured the effectiveness of inspection agency operations, media supervision, and citizen compliance with the legal regulations of the inspection agency 2.2.1.3 Some Observations and Assessments of the principle of publicity in Inspection Activities from 1991 to 2004 As analyzed above, it can be affirmed that during the period from 1991 to 2004, with the enactment of the 1990 Inspection Law and related legal documents, the principle of publicity in inspection activities was explicitly 15 and clearly recognized in the legal provisions Ensuring the initial implementation of transparency in inspection activities was emphasized, with positive signs contributing to enhancing the effectiveness of the inspection activities However, aspects of the legal framework and practical implementation to ensure publicity in inspection activities still presented numerous issues that required continued discussion to find solutions to overcome the limitations and shortcomings in the regulations and enforcement of the principle of publicity in inspection activities 2.2.2 Period from 2006 to 2010 2.2.2.1 Legal Practices In 2004, the Inspection Law was promulgated, replacing the 1990 Inspection Ordinance This law defined the principle of publicity in inspection activities, along with specific regulations related to its implementation Alongside the 2004 Inspection Law, other legal provisions to implement the principle of publicity in inspection activities, such as the 2005 Anti-Corruption Law, were introduced During this period, the implementation of the principle of publicity received attention, especially in complex and prominent cases that garnered public attention The government, ministries, and local authorities issued specific and resolute directions to conduct inspections and examinations in cases of misconduct and corruption Many of these high-profile cases gained public support and initially established trust in the Party and the State's determined struggle against corruption 2.2.2.2 Practical Implementation During this period, the implementation of the principle of publicity received attention, especially in complex and prominent cases that garnered public attention The government, ministries, and local authorities issued specific and resolute directions to conduct inspections and examinations in cases of misconduct and corruption Many of these high-profile cases gained public support and initially established trust in the Party and the State’s determined struggle against corruption 2.2.2.3 Some Observations and Evaluations of the principle of publicity in Inspection Activities from 2006 to 2010 During this period, Vietnam implemented the resolutions of the 10th National Party Congress and initiated the five-year plan for socio-economic 16 development from 2006 to 2010 This era marked a shift in the functions and responsibilities of the Inspection sector due to new institutional changes Laws addressing inspection, anti-corruption measures, and amendments to the laws regarding complaints and denunciations were introduced The Inspection sector continued to execute the plan No 05/TW, issued on September 10, 2003, by the Politburo, and followed directives from the Prime Minister The entire Inspection sector concentrated on scrutinizing investment projects, land and natural resource management, and financial matters in pivotal sectors, regions, and localities Throughout the inspection process, alongside foundational favorable circumstances, the inspection work faced challenges These challenges encompassed issues related to law enforcement, economic and social management mechanisms, macro-level policies, a spectrum of limitations, shortcomings, negative practices, instances of corruption, and instances of wastefulness within various sectors These challenges persisted in numerous locations and exhibited intricate developments 2.3 Legal Practices and Enforcement of the principle of publicity in Inspection Activities from 2011 to 2022 2.3.1 Legal Practices The principle of publicity is one of the guiding principles embedded throughout the inspection process, spanning from the preparatory phase to the direct inspection and conclusion stages The implementation of this principle ensures adherence to the law in a general sense and, more specifically, compliance with inspection activities This guarantees effective oversight of State activities by agencies, individuals, organizations, and the media In terms of legal provisions, the principle of publicity in inspection activities is comprehensively acknowledged within Article of the 2010 Inspection Law This article outlines that one of the foundational principles of inspection activities is to "ensure publicity." Furthermore, Article 1, Section of the 2022 Inspection Law incorporates the term " publicity " Drawing upon the principle of publicity enshrined within the 2010 and 2022 Inspection Laws, related normative legislative documents provide detailed stipulations across various facets, forming the bedrock for the practical implementation of this principle 17 2.3.2 Practical Implementation During this phase, the 2010 Inspection Law and the 2022 Inspection Law (effective from July 1, 2022) were in place As a result, this dissertation assesses the practical implementation of the 2010 Inspection Law The 2010 Inspection Law introduced several new provisions compared to the 2004 Inspection Law regarding inspection activities, including both administrative and specialized inspections with well-defined procedural sequences These changes aimed to ensure objectivity, publicity, and effectiveness Inspection agencies closely monitored the practical situation and requested relevant localities and departments to conduct inspections Through these inspections, various shortcomings and deficiencies were identified in management mechanisms, policies, laws, and recommendations were made for improvements and enhancements The inspections actively and proactively contributed to preventing, detecting, and addressing law violations They supported organizations, institutions, and individuals in complying with legal regulations, harnessed positive factors, and played a role in enhancing the effectiveness and efficiency of State management, protecting the interests of the State, and safeguarding the legitimate rights and interests of organizations, institutions, and individuals 2.3.3 Assessment of Implementing the principle of publicity in Inspection Activities from 2010 to 2022 It can be affirmed that in the current era, the implementation of the principle of publicity in inspection activities has witnessed significant positive changes This has played a crucial role in enhancing the effectiveness and efficiency of the inspection sector in particular and State management in general, especially within the domain of national resources and assets Chapter VIEWPOINTS AND SOLUTIONS TO ENSURE THE IMPLEMENTATION OF THE PRINCIPLE OF PUBLICITY IN CURRENT INSPECTION ACTIVITIES IN VIETNAM 3.1 Viewpoints and Solutions to Ensure the Implementation of the principle of publicity in Inspection Activities in Contemporary Vietnam In this section, the thesis author presents viewpoints and solutions to ensure the implementation of the principle of publicity in inspection activities in contemporary Vietnam, including: 18