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VIET NAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES NGUYEN THI THU HOE ENSURING THE HUMAN RIGHTS THROUGH REVIEWING LEGAL DOCUMENTS ACTIVITIES IN VIETNAM NOWADAYS Major : Constitutional Law and Administrative Law Code : 38 01 02 SUMMARY OF DOCTOR OF LAW THESIS HANOI - 2023 The work was completed at Graduate Academy of Social Sciences Vietnam Academy of Social Sciences Science Instructor: Assoc Prof., Dr Bui Thi Dao Reviewer 1: Assoc Prof., Truong Ho Hai Reviewer 2: Assoc Prof., Vu Cong Giao Reviewer 3: Dr Nguyen Linh Giang The thesis is defended before the Academy-level Thesis Examining Council, meeting at the Academy of Social Sciences At hour ., day month 2023 The thesis can be found at the National Library and Library of the Academy of Social Sciences PREAMBLE Urgency of the research topic Human rights are natural human rights that cannot be taken away by anyone or any regime “In the Socialist Republic of Vietnam, human rights, political, civil, economic, cultural and social rights are recognized, respected, protected and guaranteed according to the Constitution and the law”; “Human rights and civil rights can only be limited according to the provisions of law in cases of necessity for reasons of national defense, national security, social order and safety, social ethics, and health of the community” (Article 14 of the 2013 Constitution) Furthermore, these rights are also implemented in practice by being institutionalized in specific laws and guided by a system of by-law documents However, with a multi-layered system of legal documents (legal documents), promulgated by many competent agencies and organizations at both the central and three levels of local government, there are a large number of documents promulgated every year in Vietnam In addition to constitutional and legal documents, there is also a large proportion of documents that not meet this requirement, among them are regulations significantly violating human rights and basic rights of citizens (for example, the regulation that each person residing in urban districts of Hanoi can only own one motorbike; when holding a wedding, only relatives can be invited) necessary, not hold wedding parties multiple times, not invite wedding parties during working hours; each funeral can only use no more than wreaths ) In order to detect and promptly handle illegal contents of documents, to ensure human rights, reviewing legal documents is considered effective and practical Through the review of legal documents, human rights are guaranteed by competent state agencies concluding and handling documents and legal document contents that violate or obstruct human rights and basic rights of citizens Activities of reviewing legal documents began to be carried out in 2003 according to the provisions of the 1992 Constitution (amended and supplemented in 2001), the Law on Government Organization 2001, and the 2002 Law on Promulgation of Legal Documents and guidance in Decree No 135/2003/ND-CP dated November 14, 2003 of the Government on review and handling of legal documents Up to now, it has been implemented according to the provisions of the 2013 Constitution and the 2015 Law on Government Organization, Law on Promulgation of Legal Documents 2015 (amended and supplemented in 2020) and Decree No 34/2016/ND-CP dated May 14, 2016 detailing and guiding the implementation of this Law (amended and supplemented by Decree No 154/2020/ND-CP dated December 31, 2020) After 20 years of implementation, legal document review activities have made an important contribution to protecting the legitimate rights and interests of people and businesses, and have been supported by public opinion; contributing to raising awareness and operational efficiency of state management agencies, helping these agencies strictly comply with discipline in the process of drafting and promulgating documents, ensuring legality in directing and administrating activities, ensuring the constitutionality and legality of the legal system, ensuring human rights and basic rights of citizens The participation and intelligence of society in detecting and reflecting on illegal and unfeasible contents of documents are mobilized in activities of reviewing legal documents Through that, citizens have the right to report and request competent authorities to review, handle legal documents, ordinary administrative documents containing legal terms that infringe upon their legitimate rights and interests as recognized by the Constitution and the law However, reviewing and handling illegal documents and ensuring human rights in recent times is only the result of the document reviewing activity itself, without the orientation and scope of an activity to ensure human rights Therefore, although it has been implemented for nearly twenty years, in many competent agencies, the implementation is still limited, many people still not properly understand legal document reviewing activities, so they still have not used or ineffective used this activity in ensuring human rights Therefore, researching and improving the effectiveness of ensuring human rights through reviewing legal documents as an activity to ensure human rights is very necessary, stemming from the need from both sides: the state and the people, especially in the current period, Resolution No.27-NQ/TW dated November 9, 2022 of the 6th Conference of the 13th Party Central Committee on continuing to build and perfect the socialist rule-of-law state Vietnam in the new period with goal: “Improving the Vietnamese socialist rule-of-law state of the People, by the People, for the People, led by the Communist Party of Vietnam; have a complete legal system that is strictly and consistently implemented; uphold the Constitution and the law, respect, ensure and effectively protect human rights and citizens' rights.” Because of the urgency of the problem, the author chose to research the topic: “Ensuring human rights through reviewing legal documents in Vietnam” as the doctoral thesis Research purpose and tasks 2.1 Purpose of the thesis Based on theoretical research and practical assessment of ensuring human rights through review of legal documents in Vietnam today, the thesis recommends solutions to improve the effectiveness of ensuring human rights people through the review of legal documents, making the review of legal documents truly a tool to ensure human rights, making a worthy contribution to the process of building socialist rule-of-law state rights in Vietnam 2.2 Thesis mission - Clarifying the concept of ensuring human rights through activities of reviewing legal documents and the relationship between activities of reviewing legal documents and ensuring human rights on a theoretical basis, practical implementation of the review of legal documents in Vietnam over the past time; - Assessing the current situation of ensuring human rights through reviewing legal documents in Vietnam today (results, limitations and inadequacies of current legal regulations and practical implementation of legal documents) protect human rights through the review of legal documents, the causes of limitations and inadequacies in ensuring human rights through the review of legal documents); - Proposing solutions to improve the effectiveness of ensuring human rights through the review of legal documents in Vietnam today Object and scope of research 3.1 Research subjects - The thesis focuses on theoretical research on human rights, ensuring human rights in the development and improvement of the law; reasoning on legal documents, reviewing legal documents, ensuring human rights through review of legal documents; the relationship between reviewing legal documents and ensuring human rights; - Practical activities of reviewing legal documents and ensuring human rights through review of legal documents in Vietnam today 3.2 Research scope - The human rights mentioned and analyzed in the thesis are human rights, basic rights of citizens recognized in Chapter II of the 2013 Constitution and concretized in legal documents; The research focus of the thesis is the role of reviewing legal documents in ensuring human rights as a mechanism to ensure that regulations on human rights in the national legal system become a unified whole, not contrary to the Constitution - the original law on human rights - The current status of legal document review activities in Vietnam is considered on the basis of the results of legal document review conducted by competent agencies across the country from 2017 to 2017 2021 is shown in the Reports on results of nationwide document review carried out by the Ministry of Justice for years (from 2017 to 2021) and the practical implementation of legal document review activities in the Department of Legal Document Review - Ministry of Justice Research methodology and methods 4.1 Methodology The thesis is researched on the basis of Marxist-Leninist philosophical methodology, expressed in dynamic approach, historical approach and practical approach At the same time, as a research work on an activity in the process of building and perfecting the law, the thesis uses an approach based on human rights, the theory of human rights, good governance and the state legislation 4.2 Research Methods To carry out the thesis, the author used research methods including: dialectical materialism method, logical reasoning method, analytical method, comparative jurisprudence method, and synthesis method New scientific contributions of the thesis The thesis has contributed to clarifying and supplementing theory on legal documents, reviewing legal documents, human rights and ensuring human rights, and the role of reviewing legal documents law to ensure human rights At the same time, build a basic theoretical system on ensuring human rights through document review activities, including: subjects responsible for ensuring human rights, subjects guaranteed human rights, content content, process and aspects of ensuring human rights through review of legal documents The thesis establishes criteria for evaluating the effectiveness of ensuring human rights through reviewing legal documents; The thesis analyzes the current situation of ensuring human rights through the review of legal documents in Vietnam today on the basis of the results of the review of legal documents From there, assessing the effectiveness of ensuring human rights through the review of legal documents, pointing out the shortcomings and limitations in ensuring human rights through the review of documents and principles causes of such existences and limitations; The thesis builds a system of viewpoints and proposes solutions to improve the effectiveness of ensuring human rights through the review of legal documents in Vietnam today Theoretical and practical significance of the thesis - The research results of the thesis can be used as reference material for policy makers and state managers when considering, evaluating, and researching the construction and improvement of state apparatus organization, organize power, build and improve the legal system, build and improve mechanisms to ensure human rights, mechanisms to protect the constitution, and organize law enforcement - The thesis can be used for reference in the process of teaching about document creation, developing and perfecting laws, ensuring human rights and other related issues Structure of the thesis In addition to the introduction, conclusion, list of author's published works related to the thesis, list of references and appendices, the thesis is structured in chapters, 12 sections Chapter OVERVIEW OF RESEARCH SITUATION 1.1 Literature Review 1.1.1 Studies on human rights Research on human rights both domestically and abroad is very rich in genre, profound in content, demonstrating humanity's development in the process of recognizing and practicing human rights 1.1.2 Studies on ensuring human rights Similar to research on human rights, research on ensuring human rights both domestically and abroad is also very rich and profound in terms of genre and content of research on mechanisms to ensure human rights 1.1.3 Studies on the role of law in ensuring human rights Studies on the role of law in ensuring human rights are in-depth research Studies have shown that besides the function of regulating social relations, the law has another specific purpose, which is to protect individuals in relation to the state The law in the rule of law is the law that protects and guarantees human rights 1.1.4 Research on legal documents Research on legal documents is an in-depth study In Vietnam, studies on this content were published after the 1996 Law on the Promulgation of Legal Documents and focused on analyzing and clarifying the values and characteristics of legal documents 1.1.5 Studies on the review of legal documents Around the world, research on reviewing legal documents is placed in research on the mechanism for reviewing the constitutionality and legality of legal documents, and the constitutional protection mechanism In Vietnam, studies on this activity were all published after 2003, after the activity of reviewing legal documents was implemented in practice according to the government's regulations These studies attract the attention of scientists and practitioners in this field and exist in many types of research projects 1.1.6 Research on ensuring human rights through review of legal documents Direct research on ensuring human rights through reviewing legal documents is an under-researched area 1.2 Comment on the research situation related to the thesis and direction of topic content development thesis 1.2.1 Comment on the research situation related to the thesis Theoretically, human rights and ensuring human rights studies has given the concept, the formation and development of the concept of human rights, ensuring human rights Most of the studies on legal documents, reviewing legal documents have elucidated the concept and the need to review legal documents Among them, there are also studies that have analyzed quite fully the theoretical issues of legal document review activities such as: principles and methods of reviewing legal documents; Subjects, authority, content, order and procedures for reviewing legal documents In terms of practice, studies on ensuring human rights have assessed the practice of ensuring human rights and the role of law in ensuring human rights; Studies on the review of legal documents have assessed the current status of reviewing legal documents in Vietnam at the time of the study and the main reasons leading to limitations and inadequacies in the implementation process this activity About the solution, based on theoretical and practical research to ensure human rights or practical and theoretical review of legal documents, studies have proposed quite specific solutions to improve efficiency ensure human rights or improve the efficiency of reviewing legal documents to meet the socio-economic situation at the time of research These studies have created scientific values that need to be selectively absorbed and inherited by the thesis author to realize the main goal of the thesis However, previous studies on the review of legal documents are often in a narrow scope, without the connection, the connection between the review of legal documents and activities to ensure the constitutionality, legitimacy of the legal system In particular, there has been no research on ensuring human rights through the review of legal documents Most of the works have not collected enough information and data on the actual status of legal document review activities, so there is not enough basis for an accurate and objective assessment of legal document review activities the law Due to long research, many solutions so far have become outdated, no longer suitable with legal regulations and socio-economic conditions; or some solutions have basically been implemented in practice and found that it is necessary to consolidate 1.2.2 The direction of developing the content of the thesis topic Based on theoretical research and practice of reviewing legal documents, learning from foreign experience, the thesis will continue to research and complete basic gaps related to the content of the topic such as: characteristics of legal documents, concepts and some basic contents of ensuring human rights through review of legal documents; the criteria for evaluating the effectiveness of ensuring human rights through the review of legal documents… The thesis also systematically studies, analyzes and evaluates the actual situation of ensuring human rights through activities of reviewing legal documents in Vietnam today Thus, the thesis shall evaluate the effectiveness of ensuring human rights through this activity, determine the causes of limitations in the review of legal documents in practice in order to give orientations and solutions to improve the effectiveness of ensuring human rights through the review of legal documents in our country today 1.3 Research question and research hypothesis 1.3.1 Research question Research question How is ensuring human rights through reviewing legal documents done, and through what aspects? Research question 2: What results have been achieved in ensuring human rights through reviewing legal documents in recent times, what are the advantages and limitations, and what are the causes of the limitations? What is that mechanism? Research question What perspectives and solutions are there to further promote the effectiveness of ensuring human rights through reviewing legal documents? 1.3.2 Research hypothesis In recent times, human rights have been guaranteed through review of legal documents However, the practice of reviewing legal documents still has many limitations and inadequacies that have reduced the effectiveness of ensuring human rights through this activity Recognizing and properly evaluating the position and role of legal document review activities in ensuring human rights and perfecting the legal system on reviewing legal documents and laws has related to human rights and improving the effectiveness of implementing the legal system, this will improve the effectiveness of ensuring human rights through activities of reviewing legal documents in Vietnam today Chapter THEORETICAL ISSUES OF ENSURE HUMAN RIGHTS THROUGH REVIEWING LEGAL DOCUMENTS 2.1 The concept of human rights and ensuring human rights 2.1.1 The concept of human rights Human rights are any rights associated with every human being is all the rights of an individual born into society This right is human in nature because it is a right formed immediately after a person is born, belonging to human nature, not due to law prescribed by law or given by the state 2.1.2 Ensuring human rights Ensuring human rights means that subjects (individuals, states, political and social organizations ) are obliged to use measures and methods to realize human rights on the basis of human rights based on human rights principles to protect, respect and promote the implementation of human rights in its activities, preventing abuse and violation of human rights by other subjects In particular, human rights include human rights and basic rights of citizens specified in the 2013 Constitution; Principles of human rights include: (i) human rights are only guaranteed when recognized by law; (ii)Restricting human rights and civil rights is the basis for ensuring human rights and such restrictions must follow the principles prescribed by law; (iii) The exercise of rights must be realconcurrently with obligations and must not violate national and ethnic interests, rights and interests of others; (iv) human rights are equal for each individual in society 2.2 Some theoretical issues on reviewing legal documents and ensuring human rights through reviewing legal documents 2.2.1 Concept of legal documents Legal documents are a form of legal existence, which include legal norms which are general rules of conduct promulgated by individuals and competent state agencies in order, Strict procedures are prescribed by law and guaranteed by the State In particular, legal norms are an important factor, determining the authority, form, order, and procedures for promulgating documents A general rule of conduct is only a legal norm when it meets the requirements of “newness” and popularity within the scope of general application The document contains general rules of conduct, applied repeatedly to all subjects or groups of subjects nationwide or in each locality, but is not promulgated according to the correct authority, order, Statutory procedures are documents containing legal norms Secondly, Evaluation of ensuring human rights from organizing activities of reviewing legal documents Accordingly, the process of evaluating the effectiveness of ensuring human rights in organizing review of legal documents must answer the following questions: (i) Is the activity of reviewing legal documents conducted legally? (ii) Is the process of reviewing legal documents transparent? (iii) Does the document review process ensure accountability of the subjects whose documents are reviewed? (iv) Is the participation of rights holders guaranteed in the process of reviewing legal documents? (v) Does the process of reviewing and handling illegal documents ensure equality and non-discrimination between subjects and objects of review? Determining the effectiveness of ensuring human rights through reviewing legal documents depends on the results of answering the questions of the two groups of issues mentioned above When the answer to the above questions is yes and is evaluated as good, it is also a result of evaluating the effectiveness of ensuring human rights through review of legal documents 2.3 Factors affecting the effectiveness of ensuring human rights through review activitieslegal documents 2.3.1 Impact of the legal system The legal system that affects the assurance of human rights through the review of legal documents is a legal system with content related to human rights This legal system is used by entities with authority to review documents as a legal basis to consider, conclude, and recommend handling regulations that violate human rights and violate human rights principles in the process of reviewing legal documents 2.3.2 Impact of warranty conditions The conditions to ensure the review of documents include: Organization and staff of the review of documents; Collaborator checks documents; Funding for document review activities, regimes and policies for document reviewers; Database for document reviewing; Working facilities and equipment; Training, professional guidance and coordination in reviewing documents 2.3.3 The impact of implementation in practice The actual organization and implementation of document review activities is shown in aspects such as: scope of implementation, value of detected illegal content, effectiveness of handling illegal content, number of documents checked 2.3.4 Social impact Society impacts document review in two directions: first, the consensus direction in the direction of response, agreement, and support, including 11 critical opinions but with a constructive spirit and suggestions for completion improvement, development; Second, there is no consensus yet, reflecting conflicting and critical information 2.3.5 Other factors In some situations, the review of legal documents is also influenced by cognitive factors, interest factors, psychological factors, coordination mechanisms between agencies, Chapter CURRENT STATUS OF ENSURING HUMAN RIGHTS THROUGH REVIEWING LEGAL DOCUMENTS 3.1 Current status of ensuring human rights in terms of detecting and handling human rights violations through review of legal documents Data from review results of legal documents across the country show that every year competent agencies review, detect and handle thousands of documents with illegal content, of which, the number of documents violating human rights is not small Only considering the results of 2017, the total number of self-checked documents is 77,255 documents (of which, the number of legal documents is 22,587, documents that are not legal documents subject to review is 54,668), the number of illegal documents detected is 2,050 (accounting for about 9% of the issued documents subject to review), the number of documents processed in the reporting period was 1,402 documents (passed rate 68.39%); the number of documents reviewed according to competence is 40,356 documents (of which, the number of legal documents is 27,856, documents that are not legal documents subject to review are 12,500), the number of illegal documents is 5,639, the number of documents that have been processed is 4,752 (reaching a rate of over 84%) In particular, the Department of Legal Document Review - Ministry of Justice has reviewed according to its authority 5,848 documents issued by ministries, ministerial-level agencies and provincial-level local authorities, and discovered and recommended handling of 1,369 documents, the agency that issued the documents has processed 1,301 documents (reaching a rate of over 95%); If we include the number of documents concluded from the previous year and processed in 2017, this rate is over 98% (1,343/1,369 documents) In particular, based on the results of reviewing legal documents according to its authority, the Ministry of Justice concluded that 105 documents had illegal content, including 45 documents that violated human rights In 2018, the number of documents reviewed by the Ministry of Justice (Department of Legal Document Review) was 5,557, 12 the number of documents detected in violation was 577, the number of documents requiring conclusions about illegal content was 70 documents, including 40 documents with content that violates human rights; In 2019, the number of documents reviewed was 4,885, the number of documents with violations was 882, the number of documents requiring conclusions on content was 140 documents, of which 71 documents had content that violated human rights; In 2020, the number of documents reviewed by the Department of Legal Document Review was 5,161, the number of illegal documents was 318 documents, the number of documents requiring conclusions was 65; including 37 documents containing content that violates human rights This data shows that, in 2020, the proportion of documents containing content that violates human rights only accounts for about 0.7% of the number of documents reviewed (5,165 documents) but accounted for approximately 12% of the illegal documents and approximately 57% of the conclusion documents Through reviewing the content of the documents, it can be seen that most of the documents contain provisions that violate human rights content by imposing additional business conditions and shortening the time for exercising rights according to the law Obstructing the exercise of rights by not allowing the implementation of elements to exercise rights or by imposing new conditions, etc or documents with content that violates human rights principles prescribed by the Constitution 3.2 Current status of ensuring human rights through reviewing legal documents in terms of organizing and implementing this activity 3.2.1 Current legal framework of the legal documents review activities Current law has specifically defined the authority, subjects, content, principles, processes, and methods of reviewing legal documents; review order and procedures; handling competence and forms of handling illegal documents; powers and responsibilities of review agencies, agencies whose documents are reviewed, statistical and reporting regime on review of legal documents; estimating, managing, using and finalizing funds to ensure the review of legal documents Thus, to a certain extent, the legal system on review of legal documents the law has met the requirements of ensuring human rights 3.2.2 The current situation of ensuring human rights is in terms of subjects having the authority to review legal documents 3.2.2.1 Actually exercising the right to check documents of the competent subject (also exercising the responsibility to ensure the human rights of the responsible subject) a) Legal provisions on the competence to review legal documents - Authority to review legal documents of Ministers and Heads of ministerial-level agencies; of the Minister of Justice; of the Minister, Head of 13 the Government Office; of the Chairman of the People's Council, Chairman of the People's Committee at all levels - Authority to handle illegal documents of the Prime Minister and other competent entities b) Actual exercise of authority to review legal documents (i) For self-review: The self-review results cited in content 3.1 above also show that, although the total number of documents that have been selfreviewed is very large (77,255 documents), the number of documents subject to review is very large (22,355 documents), accounting for only 29.23% of the checked documents and equivalent to that, over 70% of the checked documents are not documents subject to review This ratio proves that the agency with authority to review documents has spent too much time and effort reviewing documents that are not within the subject, authority, responsibility of review or the exercise of self-review authority Document review can only be implemented in a formal and ineffective manner Thus, the subject responsible for ensuring human rights has not properly fulfilled its responsibility (ii) For review activities according to authority: Through review of review data according to authority, it shows that most competent agencies across the country have exercised the authority to review assigned documents, some agencies have exercised this authority very well; However, there are also agencies that have not exercised their authority to review documents for many years or the number of documents that have been reviewed is very low Thus, the subject responsible for ensuring human rights has not properly fulfilled its responsibility 3.2.2.2 In essence, the right to review documents of the competent subject Reviewing the authority to review legal documents shows that document review is only carried out within administrative agencies and is not highly independent Concluding that the document is wrong and requiring handling has little affirmative value but is only a recommendation (recommendation for handling) There are even cases where, although the competent authority has concluded that the document's content is illegal and the issuing agency does not handle it, that document is still applied in real life, even if the content is not handled Document content directly affects the legitimate rights and interests of people and businesses In the current legal system, there are no sanctions for agencies and people who have issued illegal documents but not handle them Thus, in these cases, the guarantee of human rights has not been achieved 14 3.2.3 Current status of ensuring human rights in terms of objects of document review activities According to the law, the subjects of document review activities include: Circulars of ministers, heads of ministerial-level agencies; joint circulars between Ministers, Heads of ministerial-level agencies, Chief Justice of the Supreme People's Court, Chief Procurator of the Supreme People's Procuracy, State Auditor General; Resolutions of the People's Council, decisions of the People's Committee; and legal documents that are not promulgated in the form of legal documents; Documents containing legal norms or having the same format as legal documents promulgated by agencies or persons without authority 3.2.3.1 For legal documents subject to review The practice of document review shows human rights violations in documents of the Government and Prime Minister, but these documents are not subject to review, leading to violations or hindering the exercise of human rights People 3.2.3.2 For documents containing legal norms The process of reviewing documents also encounters situations where it is clear that there are human rights violations in documents containing legal regulations, but the review and handling cannot be carried out because the documents are not subject to control investigation by any review authority; Meanwhile, according to legal regulations, documents containing legal norms are subject to review 3.2.4 Current status of ensuring human rights in terms of content and review of legal documents According to current legal regulations, the review of documents is carried out according to the review contents, including: review of the authority to issue documents; Check the content of the document, check the legal basis for issuing the document; sequence, procedures, format, document presentation techniques and reviewing the transparency and feasibility of the document In particular, reviewing the legal basis for issuing documents; The order, procedures, formats, and techniques of document presentation only increase the time and workload for document reviewers without helping to detect and handle content that violates human rights 3.2.5 Current status of ensuring human rights in terms of the process of reviewing legal documents Although current law stipulates the rights and responsibilities of accountability and information provision of the agency or person whose document is being reviewed, there are no steps in the document review 15 process to demonstrate the participation of the agency or person whose document is being reviewed this subject; The organization of collecting opinions from the subject who issued the document and requesting this subject to provide explanatory information is entirely due to the actual implementation process of the person with authority to review the document Current law also does not regulate the participation in the document review process of rights holders, experts, scientists, etc 3.2.6 Current status of impacts of factors affecting human rights assurance through review of legal documents 3.2.6.1 The effects of the legal system The legal system related to human rights is the basis for the reviewer to consider, evaluate and conclude on the guarantee of human rights in an reviewed document However, in the current legal system, there are unclear regulations on the principle of limiting human rights, causing many interpretations, etc., making the document reviewer have no basis for conclusion Comments on violations of human rights in documents are reviewed, hindering the guarantee of human rights through the review of legal documents 3.2.6.2 The impact of guarantee conditions on ensuring human rights through the review of legal documents Basically, the conditions to ensure the review of documents have been fully arranged at the agencies competent to review documents However, in many specific agencies and units, the conditions on human resources, organizational apparatus, working equipment and funding for document reviewing activities have not met the requirements of this work In terms of both quantity and quality, this factor has a direct impact on the effectiveness of the review of legal documents and affects the assurance of human rights through the review of legal documents the law 3.3.6.3 Actual impact of the organization deploying document reviewing to ensure human rights through this activity The encouraging results in document reviewing activities have had a positive impact on document reviewing work Most agencies pay more attention to this work, trusting document review agencies with more and more tasks, affirming the position and role of document review work However, in conditions where the payroll does not change or changes insignificantly, and the time budget does not change, this reality has a negative impact on ensuring human rights through reviewing legal documents the law 16 3.2.6.4 The impact of society on ensuring human rights through review of legal documents in recent times The positive impact has created great motivation for agencies and peoplehave the authority for these subjects to organize document reviewing more effectively, thereby improvingHigh value of ensuring human rights The negative impact creates pressure on subjects with authority to review, causing adverse psychological effects for those directly involved in document review, reducing the effectiveness of ensuring human rights through activities this move 3.3 Evaluation of ensuring human rights through review of legal documents in Vietnam 3.3.1 The achievements Comparing with the criteria for evaluating the effectiveness of ensuring human rights through reviewing legal documents, it can be seen that this is an activity carried out to ensure legality and transparency; The implementation process involves the participation of rights holders, respects and demonstrates accountability of the subjects whose documents are reviewed; equality and non-discrimination in handling illegal documents In particular, the result of the review of legal documents is to detect and handle regulations that violate human rights, violate human rights principles, ensure full recognition and promote the implementation of human rights in practice Thus, in the most general aspect, in recent times, activities of reviewing legal documents have been effective in ensuring human rights 3.3.2 Existences and limitations Firstly, in many cases where legal documents are reviewed, they cannot ensure human rights while there are clearly violations of human rights and human rights principles in the content of the document Secondly, the effectiveness of ensuring human rights through review of legal documents will not be achieved when the review of legal documents is not conducted promptly, immediately after the document is promulgated Thirdly, the review of legal documents is carried out within the administrative agency, so independence is not high, affecting the handling of illegal content of documents, reducing the effectiveness of ensuring human rights through document reviewing activities Fourthly, the conclusion about illegal documents is only valid as a recommendation to the agency that issued the document to handle it, but it is not mandatory to handle it, which has lost the value of reviewing documents in general and the value of reviewing documents in ensuring human rights in particular Fifthly, the document review process has not recorded the mandatory participation of experts and 17 scientists in researching and giving opinions on the illegal content of the document, especially the illegal content human rights violations Sixthly, the organization of document review is not yet scientific and practical because it does not fully focus human and material resources on reviewing the content of documents but also considers format and presentation techniques document; or it takes too much time to organize self-review for documents that are not subject to review Seventhly, the legal document reviewing activity has not been recognized and evaluated as an activity to protect the Constitution, and the role and significance of this activity in the process of implementing and protecting the Constitution has not been seen Eighthly, in the process of implementing document reviewing activities, at some specific stages of the document reviewing process, the participation of relevant agencies, organizations and individuals has not been widely mobilized (as a rights holder) in the process of reviewing documents to ensure further strengthening of democracy and people's participation and supervision of the activities of state agencies 3.3.3 Cause of the existences and limitations In this section, the author of the thesis states some causes of the existence and limitations, including: 3.3.3.1 Many legal regulations on document review not meet the requirements of achieving the goal of ensuring human rights through this activity 3.3.3.2 Many regulations in the legal system related to human rights have hindered the assurance of human rights through document review activities 3.3.3.3 The organization and implementation of document reviewing activities is not scientific, lack of cohesion, and is not effective in ensuring human rights Chapter VIEWPOINTS AND SOLUTIONS TO IMPROVE EFFICIENCY OF ENSURING HUMAN RIGHTS THROUGH REVIEWING LEGAL DOCUMENTS ACTIVITIES IN VIETNAM 4.1 Perspectives on improving the effectiveness of ensuring human rights through review of legal documents in Vietnam In this section, the author of the thesis states someviewpoint on improving the effectiveness of ensuring human rights through activities of reviewing legal documents in Vietnam, including: 18