Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.Phòng ngừa tình hình các tội xâm phạm trật tự quản lý kinh tế trong lĩnh vực sản xuất, kinh doanh, thương mại trên địa bàn Thành phố Hồ Chí Minh.
VIETNAM ECADEMY OF SOCIAL SCIENCES GRANDUATE ACADEMY OF SOCIAL SCIENCES NGUYEN THI THANH BINH PREVENTING THE SITUATION OF CRIMES THAT VIOLATE ECONOMIC MANAGEMENT ORDER IN THE FIELDS OF PRODUCTION, BUSINESS AND COMMERCE IN HO CHI MINH CITY Major: Criminology and crime prevention Major code: 38 01 05 SUMMARY OF DOCTORAL THESIS OF JURISPRUDENCE HA NOI- 2023 The works was completed at: GRADUATE ACADEMY OF SOCIAL SCIENCES Scientific instructor: Assoc Prof Dr Trần Văn Độ Reviewer 1: Assoc Prof Dr Đồng Đại Lộc Reviewer 2: Assoc Prof Dr Trần Đình Nhã Reviewer 3: Assoc Prof Dr Nguyễn Đức Hạnh The thesis is defended in front of the doctoral thesis grading committee, held at the Graduate Academy of Social Sciences On ……hour , date… month … year 2023 The thesis can be found at: National Library Library of the Library of the Academy of Social Sciences LIST OF SCIENTIFIC WORKS Nguyen Thi Thanh Binh (2022), Crime in the fields of production, business, and commerce - current situation and forecast, Journal of Human Resources and Social Sciences, No 12 (115)/2022 Nguyen Thi Thanh Binh (2022), Crimes of violating economic management order in Vietnamese criminal law - Development and improvement process, Industry and Trade Magazine, No 12, May 2022 Nguyen Thi Thanh Binh (2022), Preventing crimes that violate economic management order - Approach from the perspective of the offender's identity, Industry and Trade Magazine, No 18, July 2022 INTRODUCTION The Urgency of the topic During the period when the country is promoting industrialization and modernization, making our country basically become an industrial country, Ho Chi Minh City is one of the localities that plays an important role With favorable natural conditions, Ho Chi Minh City has become a city that plays a leading role in the country’s economy In addition to favorable conditions for economic development, Ho Chi Minh City is also facing many major problems, including crime With a large area, large population, many temporary residents, and frequent fluctuations in many professions, the "picture" of crime, especially crimes that violate the economic management order in the field of production, business, and trading becomes more complicated Adopting Directive No 48-CT/TW in crime fight with the motto "preventing the situation is fundamental", and "close combination of construction and combat", in recent years, Party committees at all levels, the Ho Chi Minh City government has focused on leading and directing the issuance of many Resolutions, Directives, Plans, etc on ensuring social order and safety, opening peak periods to promote the fight against criminals crimes in general and fighting crimes that violate economic management order in the fields of production, business, and commerce in particular Although the work of preventing crimes that violate economic management order in the fields of production, business, and commerce has achieved many results, it is still complicated The annual summary reports of the Police, Procuracy, and People's Court in Ho Chi Minh City all identify the number of cases, as well as defendants, tried for crimes of violating management orders Although the economy in the fields of production, business, and trade has not increased dramatically, the methods and tricks are increasingly sophisticated Crime occurs commonly and seriously in all fields, especially key economic sectors In particular, recently there have been new behaviors with a dangerous nature for society, typically associated with the fields of production, business, and commerce That fact has had a significant impact on the city's economic development and is a barrier affecting the stability and development of the country's overall economy In that spirit, researching and finding solutions to effectively prevent this group of crimes becomes an urgent need Identify the role and meaning of the fight against crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City, with the desire to come up with solutions to enhance the effectiveness of preventing the situation against this group of criminals, the author chose the topic "Preventing the situation of crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City" as the doctoral thesis in specialized Jurisprudence Criminology and crime prevention Purpose and research tasks of the thesis 2.1 Research purpose The purpose of the thesis is to prevent crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City in the coming time 2.2 Research tasks To achieve the above research purposes, the thesis needs to solve the following research tasks: - Overview of the research situation within the country and abroad to evaluate the research situation, identify issues that need further research in the topic, identify research questions, and propose research hypotheses in the Thesis - Research theories on crime prevention in general, thereby clarifying and perfecting theories on preventing crimes that violate economic management order in the fields of production, business, and commerce - Analyze the current situation of preventing crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City from 2012 to 2022, thereby evaluating the effectiveness of prevention, identifying limitations and causes of limitations in preventing crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City in the period of 2012 - 2022 - Scientific forecast of the situation and proposed solutions to strengthen prevention of crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City during the period next Subject and scope of research of the thesis 3.1 Research object The thesis's research object is theoretical, legal, and practical issues of preventing crimes that violate economic management order in the fields of production, business, and commerce trade in Ho Chi Minh City 3.2 Scope of research Scope of content: This topic is carried out from the perspective of Criminology and crime prevention, researching the issue of preventing crimes that violate the economic management order in the country The field of production, business, and commerce is regulated in section - chapter XVIII, including 12 crimes, from Article 188 to Article 199 of the 2015 Penal Code, amended and supplemented in 2017 Scope of research area: The thesis conducts practical research in Ho Chi Minh City Scope of research time: The thesis conducts practical research in Ho Chi Minh City, and statistical data is collected from 2012 to 2022 Methodology and research methods of the thesis 4.1 Research Methodology The thesis is researched based on the theoretical basis of MarxismLeninism, Ho Chi Minh's ideology and the Party's views, and the laws of the Vietnamese state, on the fight and prevention of crime violation 4.2 Research Methods To complete, the thesis uses interdisciplinary, multidisciplinary, and criminological research methods such as Analytical method, systematic method, synthetic method, historical method, comparative method, Statistical methods, and case study methods through cases, New scientific contributions of the thesis First, through the study of domestic and foreign research works, the thesis has systematized and evaluated the overall research on preventing crimes that violate the economic management order in the field of economic management production, business, and trade sectors Second, the thesis has systematized the theory on preventing crimes that violate the economic management order in the fields of production, business, and commerce, contributing to perfecting the theory on preventing the situation crimes of violating economic management order in the fields of production, business, and commerce in general and in a provincial area in particular Third, the thesis is an in-depth work on criminology, fully and scientifically reflecting the situation of crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City from 2012 to 2022 Based on collected data, the thesis comprehensively analyzes and evaluates the situation of crimes violating economic management order in the field of production and business, trade in Ho Chi Minh City in the period 2012-2022 Fourth, the thesis has made predictions about crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City, thereby proposing solutions to strengthen Preventing crimes that violate economic management order in the fields of production, business and commerce in Ho Chi Minh City in the coming time Theoretical and practical significance of the thesis Theoretically: The research results of the thesis contribute to perfecting theory in the field of criminology as well as perfecting theory on preventing the situation of invasive crimes violating economic management order in the fields of production, business, and trade The thesis is a reference source for teaching, research, and learning activities in criminology as well as in-depth research on preventing crimes that violate economic management order in the field of production , commercial business In practice: The research results of the thesis can be referenced and used by competent state management agencies in the process of policymaking and issuing economic management decisions is the basis for local authorities to refer to and develop effective measures to prevent crimes that violate economic management order in the fields of production, business, and commerce in the coming time The thesis can also be a reference for interested researchers, practitioners, students, and officials working in specialized crime agencies Structure of the thesis In addition to the introduction, appendices, and list of references, the content of the thesis includes chapters: Chapter 1: Overview of the research situation Chapter 2: Theoretical issues on preventing crimes that violate economic management order in the fields of production, business, and commerce Chapter 3: Characteristics of the situation and current situation of preventing crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City Chapter 4: Forecasting the situation and solutions to strengthen the prevention of crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City CHAPTER OVERVIEW OF THE RESEARCH SITUATION 1.1 Research situation related to the thesis topic The most important purpose of the topic is to research solutions to prevent crimes that violate economic management order in the fields of production, business, and trade in Ho Chi Minh City To achieve this purpose, an overview of the research situation is considered from different angles, including research works on the theory of crime prevention in general, works related to the theory, and related works on crime prevention in general Research work on the current situation and solutions to prevent crimes that violate economic management order in the fields of production, business, and foreign and domestic trade 1.1.1 Situation of theoretical research on the prevention of crimes violating economic management order in the fields of production, business, and commerce 1.1.2 Research on the current situation and solutions to prevent crimes that violate economic management order in the fields of production, business, and commerce 1.2 Overall assessment of the research situation Crimes violating the order of economic management in the fields of production, business, and commerce are always topical due to the dynamism of the economy Therefore, research on this criminal group is also of interest to many scientists These scientific research projects at different levels have actively contributed to clarifying the theoretical basis, perfecting the law, and have practical significance in serving the fight against crime in general and crimes violating economic management order in the fields of production, business, and commerce in particular In terms of criminological theory, there are currently many books and research projects that contribute to the formation of a legal science of great significance in crime-fighting activities Depending on the political regime and national legal system, the theory of crime prevention in general and the prevention of crimes that violate economic management order in the fields of production, business, and commerce can have different unique characteristics One can say that the theory equipped for preventing crimes that violate the economic management order in the fields of production, business, and commerce is currently very limited and has not received adequate attention Regarding research projects related to the current situation of preventing crimes that violate the economic management order in the fields of production, business, and commerce, there have been several outstanding projects that have been researched both domestically and internationally Originating from different research scopes and research purposes, these works have been approached from many different aspects It can be seen that the majority of research topics, doctoral theses or master's theses, and research articles mentioned above are research in the direction of criminal policy Some research works separate each crime into a group of crimes, these works approach specific crimes from the perspective of criminal law or research in the direction of criminal proceedings, some other works indepth research on investigative measures or research on preventive activities of a specialized entity in the fight against crime In-depth research on investigative measures or research on preventive activities of a specialized entity in the fight against crime In particular, most of the studies related to the current situation of preventing this crime group were conducted before 2015, so in terms of topicality, the data in these studies are old and not allow assessment Assess the situation of crimes violating economic management order in the new situation, especially since the 2015 penal code took effect Through research, the author has not found any work that delves deeply into the current situation of preventing groups of crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City in the period from 2012 to 2022 For research projects on measures to prevent crimes that violate economic management order in the fields of production, business, and commerce, several projects have analyzed The causes and conditions of the crime situation associated with specific localities These works also point out the general causes and specific causes of the crime or group of crimes studied A few projects have also been studied from the perspective of the offender's identity and provide crime prevention solutions from the perspective of the offender's identity Thus, research projects abroad and at home have studied quite multidimensional issues related to crimes that violate the economic management order in the fields of production, business, and commerce such as theoretical basis; the current situation of crimes and the current status of criminal handling of this group of criminals; Directions and solutions to improve the effectiveness of criminal handling or solutions to prevent crimes that violate economic management order in the fields of production, business and commerce; The research area is in a specific locality or the whole country These works are meaningful in developing theory and systematizing practical issues related to the research of the thesis topic Based on the achievements and research results of published works, specific solutions to improve the prevention of this type of crime mentioned by previous authors will be studied during the process of implementing the thesis 1.3 Issues that need to be further researched The research topic is carried out based on the inheritance and selective absorption of theoretical systems in criminology, collection, and statistics of newly published data announced and implemented according to criminological orientation and crime prevention As a thesis in the field of Criminology and crime prevention, the content of the thesis will absorb the advantages of the above-mentioned works, and at the same time the author will continue to clarify that the issue has not been researched or has been mentioned but is still at a general and specific level: First, the thesis researches theory, and identifies concepts, legal characteristics, principle meanings, and prevention, the subject of prevention is a group of crimes that violate economic management order in the fields of production, business, and commerce Second, the thesis clarifies the current status of preventive measures for crimes violating economic management order in the fields of production, business, and commerce in Ho Chi Minh City from 2012 to 2022 Information Thereby, the thesis analyzes and evaluates achievements and problems that need to be overcome to enhance the effectiveness of preventing this group of criminals in Ho Chi Minh City Third, from the theoretical and practical issues of preventing crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City, the author forecasts the situation and proposes solutions to improve the effectiveness of preventing crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City in the coming time 1.4 Research questions and hypotheses 1.4.1 Research question First, questions to clarify theoretical issues in preventing crimes that violate economic management order in the fields of production, business, and commerce include: - What is the prevention of crimes that violate economic management order in the fields of production, business, and commerce? - What are the contents and meanings of preventing crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City? trade This is a basic, long-term direction To determine the causes and conditions that give rise to the crime situation, it is necessary to analyze the situation of crimes that violate the economic management order in the fields of production, business, and commerce in the research area over a certain period, explain the changes in the current situation, structure, and dynamics of the situation and analyze the personal characteristics of the offender on that basis to identify, predict, and propose solutions measures to push back and eliminate crimes that violate economic management order in the fields of production, business and commerce Secondly, in real conditions that not allow eliminating all the causes of crime, it is necessary to carry out solutions to prevent crime, promptly detect and strictly handle committed crimes, and at the same time manage and prevent them from re-offending For this direction, perfecting the provisions of criminal law as well as strengthening the role of key actors in crime detection and handling activities is of decisive significance 2.1.2 Purpose and meaning of preventing crimes that violate economic management order in the fields of production, business, and commerce Crime prevention in general aims to provide solutions to prevent, limit, and gradually eliminate crime from social life Preventing crimes that violate economic management order in the fields of production, business, and commerce in particular also aims to repel and prevent the emergence of crimes that violate economic management order In the fields of production, business, and commerce, step by step move towards eliminating these crimes from social life Finally, the ultimate goal of preventing crimes that violate the economic management order in the fields of production, business, and trade is to protect and maintain the integrity of the national economic system, ensuring rights and equality for all individuals and organization members in the community, contributing to creating a society where everyone can live and work in safety and happiness With the above purpose, preventing crimes that violate economic management order in the fields of production, business, and commerce has outstanding implications: First, preventing crimes that violate economic management order in the fields of production, business, and commerce is important in protecting people and is deeply humanitarian Second, preventing crimes that violate economic management order in the fields of production, business, and trade is vital in protecting the country's economy and creating a stable environment for operations production, and business, protecting the legal rights and interests of individuals, organizations and businesses 10 When the economic environment is stable, businesses and investors will have enough confidence to develop and contribute to the national economy Third, preventing crimes that violate economic management order in the fields of production, business, and commerce is meaningful in ensuring social order and security, and is a main factor in maintaining social order safety, and public order Fourth, preventing crimes that violate economic management order in the fields of production, business, and trade is meaningful in ensuring the reputation of our Party and State in domestic and foreign relations Fifth, preventing crimes that violate economic management order in the fields of production, business, and commerce makes a significant contribution to the fight against crime in general Crime prevention is an important content, an integral part of the National Development Strategy, effectively serving the task of building and strengthening, creating a stable and healthy social environment to serve the task of development socio-economic development, ensuring national defense - security and foreign affairs of the country Thus, preventing crimes that violate economic management order in the fields of production, business, and commerce has great significance in building a safe, fair, and sustainable society, especially the economic environment To achieve this goal, coordination between the government, community, and social organizations is needed 2.2 The subject prevents crimes that violate economic management order in the fields of production, business and commerce 2.2.1 The subject leads activities to prevent the situation The leading entity in the process of preventing crime in general and crimes that violate the economic management order in the fields of production, business, and commerce today in Vietnam is the Communist Party of Vietnam In Ho Chi Minh City, based on the guidelines, strategies directives, and resolutions guiding the prevention of crime and economic management order of the Party and Ho Chi Minh City Party Committee specifically to deploy situation prevention activities in the city The role of crime prevention and control of the Ho Chi Minh City Party Committee is specified in the following contents such as: Orienting crime prevention and control work at each stage and time of the city through resolutions; Orienting to improve the efficiency of social management and administration and prevent crime in the city; 11 Educate, inspect, and supervise officials who are Party members to prevent and combat negativity and crime; Introducing elite party members to specialized crime prevention and fighting agencies 2.2.2 The subject carries out activities to prevent the situation Promulgating legal regulations and implementing legal regulations are two core stages of the process of crime prevention, so the subject of preventing crimes that violate management order is The economy includes two groups: the subjects promulgating laws to prevent crime and the subjects implementing the legal regulations to prevent crime The subject promulgates laws to prevent the situation The entity promulgating laws to prevent crimes that violate economic management order in the fields of production, business, and commerce at the national level is the National Assembly Based on the provisions of law promulgated by the National Assembly, in Ho Chi Minh City - Ho Chi Minh City People's Council performs the role of preventing crimes that violate the economic management order as specified in Some important content follows: - Decide on important socio-economic policies and measures to promote the city's potential, and constantly improve the material and spiritual life of people to prevent crime - In addition, through Resolutions during meetings, the People's Council of Ho Chi Minh City proposes measures and decides to promulgate legal documents on crime prevention in the city - Carry out inspection and supervision of agencies, organizations, and individuals in Ho Chi Minh City to prevent negative behaviors and crimes All activities related to the prevention of crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City must be implemented by regulations provisions of law, and documents issued by the National Assembly The subject of implementing and enforcing the law Subjects implementing and enforcing laws to prevent crime include the Government, Ho Chi Minh City People's Committee, state administrative agencies, litigation agencies, organizations and individuals people, and citizens 2.3 Content and measures to prevent crimes that violate economic management order in the fields of production, business and commerce 2.3.1 Contents of preventing crimes that violate economic management order in the field of production, business and commerce 12 Activities of preventing crimes that violate economic management order in the field of production, business, and commerce are conducted by both individuals and commercial legal entities and are expressed in two contents: First, preventing crimes that violate economic management order in the field of production and business, commerce is the application of social measures that affect the causes and conditions of crime to prevent crime from occurring in advance These measures focus on ensuring people's material and spiritual life such as socio-economic, socio-cultural, socio-psychological, educational, etc to eliminate the possibility of crime This is a group of non-coercive measures, developed and implemented by many different entities Second, preventing crimes that violate economic management order in the fields of production, business, and commerce is the application of state measures to promptly detect and handle crimes after crimes occur to continue preventing crime These are measures taken in the process of detecting, prosecuting, prosecuting, and adjudicating criminals by subjects who are agencies conducting proceedings 2.3.2 Measures to prevent crimes that violate economic management order in the fields of production, business and commerce Based on the nature of prevention, the content of preventing crimes that violate management order Economics in the fields of production, business, and trade is divided into two large groups: preventing the situation before the crime occurs and promptly detecting and handling it after the crime occurs: If based on the nature of the crime, According to the nature of the impact measures, the content of preventing crimes that violate the economic management order includes the following measures: (1) Socio-economic measures; (2) Cultural and educational measures; (3) Measures on social organization and management; (4) Legal measures 2.4 Principles for preventing crimes that violate economic management order in the fields of production, business and commerce The thesis has analyzed the main principles that need to be followed in preventing crimes that violate economic management order in the fields of production, business, and commerce, including: 2.4.1 Principles of socialist legality 2.4.2 Humane principles 2.4.3 Principle of concretization 2.4.4 Principle of close coordination between entities to prevent the situation 2.4.5 Scientific principles 13 Conclusion of Chapter CHAPTER CRIME SITUATION AND CURRENT STATUS OF PREVENTATION OF CRIMES IN VIOLATION OF ECONOMIC MANAGEMENT ORDER IN THE FIELD OF PRODUCTION, BUSINESS AND TRADE IN HO CHI MINH CITY 3.1.Characteristics of Ho Chi Minh City and the situation of crimes violating economic management order in the fields of production, business and commerce in Ho Chi Minh City 3.1.1 Geographical, population and economic characteristics of Ho Chi Minh City 3.1.2 Characteristics of crimes infringing on economic management order in the fields of production, business, and commerce in Ho Chi Minh City from 2012 to 2022 The situation of crimes violating economic management order in the fields of production, business, and commerce in Ho Chi Minh City is the state and movement trend of criminal groups that have occurred over some time, certain time The situation of crimes in the fields of production, business, and commerce in Ho Chi Minh City is shown through the level, evolution, structure, and nature of this group of criminals 3.1.2.1 The level of the situation of crimes violating economic management order in the fields of production, business, and commerce in Ho Chi Minh City from 2012 to 2022 During the period from 2012 to 2022, in Ho Chi Minh City, there were 1,225 cases with 2,141 offenders in the fields of production, business, and commerce Based on statistics on the level of crime in the fields of production, business, and commerce in Ho Chi Minh City compared to the total number of criminal cases in the area since 2012 By 2022, it can be seen that the number of cases and the number of defendants committing crimes in the fields of production, business and commerce in Ho Chi Minh City accounts for a low proportion compared to the total number of cases tried in the country City area (1.8%) The number of cases of crimes violating economic management order in the fields of production, business, and commerce from 2012 to 2022 in Ho Chi Minh City increases and decreases without any certain rule However, the general overview tends to increase gradually in the number of cases and the number of offenders 14 The level of the crime situation in the fields of production, business, and commerce in Ho Chi Minh City is also expressed through the crime index If calculating the average rate during the research period, of 11 years, from 2012 to 2022, the crime index is 1.33 and the offender index is 2.3, which is the average for the period from 2012 to 2022 In 2022, in Ho Chi Minh City, for every 100,000 people, there will be 1.33 crimes and the number of offenders is 2.3, which means that on average in the period from 2012 to 2022 in Ho Chi Minh City, there were 1.33 crimes for every 100,000 people and 2.3 people were tried for crimes in the field of production, business and commerce Regarding the number of offenders in the field of production, construction, and trading in Ho Chi Minh City HCMC from 2012 to 2022 in comparison with the number of NCP offenders, through the data in Table 6, the number of offenders in the field of SRH was 2141 people, accounting for 53.4% of the 4007 NCP offenders A fairly high percentage, more than half, shows the number of offenders 3.1.2.2 Developments of the situation of crimes violating economic management order in the fields of production, business, and commerce in Ho Chi Minh City from 2012 to 2022 Research and assessment of the developments of crimes in the fields of production, business, and commerce in Ho Chi Minh City show the movement and change trends of the current situation and structure of the crime situation violations in the fields of production, business, and trade in the area in the period 2012 to 2022 Observing the data on the development of crimes in the fields of production, business, and commerce in Ho Chi Minh City from 2012 to 2022, we can see that the crime situation increases and decreases irregularly certain law In the period from 2012 to 2015, the number of cases and people committing crimes in the fields of production, business, and commerce in the city increased steadily over the years In the period from 2016 to 2020, the number of cases of violating crimes in the fields of production, business, and commerce in the city decreased sharply, and the number of crimes tended to decrease but not sharply Because this is the time of "interference" between the old Penal Code and the 2015 Penal Code amended and supplemented in 2017 In the 2015 Penal Code amended and supplemented in 2017, criminal groups in the field of In the fields of production, business, and commerce, lawmakers have separated acts into independent crimes, especially removing the crime of Illegal Business At the same time, in the period from 2019 to 2020, Vietnam was heavily affected by the Covid-19 pandemic Therefore, in the period from 2019 to 2020, in general, the number of cases and crimes in the fields of production, business, and commerce tended to decrease In 2021, the number of 15 cases and people committing crimes in the fields of production, business, and commerce in the city increased dramatically The cause of this phenomenon is that people have adapted to the COVID-19 pandemic, the State has had recovery policies, "opened" the economy, and backlogged cases have not been tried due to the pandemic has been processed 3.1.2.3 The structure of the situation of violating economic management order in Ho Chi Minh City from 2012 to 2022 Structure concerning criminal offenses in Ho Chi Minh City from 2012 to 2022, the proportion of crimes infringing upon economic management in the field of production, business, and trade accounting for not high Specifically, through statistics of the People's Court of Ho Chi Minh City on crimes of infringing upon economic management order in the field of production, business, and trade in Ho Chi Minh City in the period The paragraph from 2012 to 2022, out of 68471 criminal cases, 1225 crimes of infringing upon economic management order in the field of production, business, and trade, accounting for 1.8 % However, compared to the group of criminals infringing upon economic management, crimes in the fields of production, business, and trade account for a high proportion account for 64.8% of the total number of crimes in the criminal group infringing order Economic management From the perspective of random research 250 criminal judgments of violations of economic management order in the field of production, business, and trade occurred in the area with 537 criminals, the author determines the information The number of crime structures is as follows: First, in terms of crimes, in 250 judgments, the form of a single crime has 144 cases, accounting for 57.6%; The form of accomplices has 106 cases, accounting for 42.4% Here, the form of a single crime is 15.2% higher than the form of accomplices, showing that crimes tend to be crimes in a more single form than the form of accomplices Second, in terms of gender, of 537 criminals, 434 were men, accounting for 80.8%; There were 103 female criminals, accounting for 19.2% Here, the criminals are mainly men, the proportion of women is low and they mainly act as helpers in accomplice cases Third, regarding the place of residence of 537 criminals, the number of criminals permanently residing in Ho Chi Minh City is 301, accounting for 56.1%; 236 criminals are residing in other localities, accounting for 43.9% Thus, the number of criminals who violate the economic management order in Ho Chi Minh 16 City who reside in the city is higher than those who not reside in the city However, the difference is not large, about 12.2% Fourth, in terms of age, the number of criminals from 14 years old to 18 years old has subjects, accounting for 0.4%; There are 113 criminals from 18 to 30 years old, accounting for 21%; There are 270 criminals from 30 to 45 years old, accounting for 50.3%; There are 152 criminals over 45 years old, accounting for 28.3% Thus, the number of offenders between the ages of 30 and 45 years accounts for the highest proportion, followed by the number of offenders aged over 45 years old Although they are a group of economic criminals, there are still people under 18 years old who commit crimes Fifth, in terms of education level, there are illiterate criminals, accounting for 0.7%; There are 64 criminals at the primary school level, accounting for 11.9%; The number of criminals with junior high school level has 145 subjects, accounting for the 27%; The number of criminals with high school level has 285 subjects, accounting for 53.1%; The number of criminals with Intermediate, College, University level or higher has 38 subjects, accounting for 7.1% Thus, the number of people who commit crimes of infringing on economic management order in the city have the highest level of high school education; Next is the offender with lower secondary school education; The number of subjects with primary, secondary, college, university or higher degrees and who are illiterate accounts for the lowest rate Sixth, in terms of nationality and religion, the number of criminals with foreign nationality is 18 subjects, accounting for 3.4%; There are 27 ethnic minority criminals, accounting for 5% of; the number of offenders There are 79 religious criminals, accounting for 14.7% Thus, the number of people who commit crimes of violating economic management order in the fields of production, business, and commerce are mainly of Vietnamese nationality, with a low proportion of foreign nationalities Seventh, regarding criminal records, the number of criminals with criminal records is 45 subjects, accounting for 8.4%; The number of criminals without criminal records is 492 subjects, accounting for 91.6% Thus, the number of people committing crimes of violating economic management order in the fields of production, business, and commerce in Ho Chi Minh City in the period from 2012 to 2022 is mainly people with no criminal record or criminal record This shows the difference in comparison with the criminals in other criminal cases, which has a significant impact on the conduct of prevention activities for crimes that violate economic management order in the fields of production, business, and trade 17 Eighth, regarding penalties, there are 28 subjects, accounting for 5.2%; 381 subjects were sentenced to less than years in prison, accounting for 71%; 100 subjects were sentenced to - 15 years in prison, accounting for 18.6%; 13 subjects were sentenced to over 15 years in prison, accounting for 2.4%; Life imprisonment has subjects, accounting for 1.1%; death penalty has subjects, accounting for 1.7% Thus, the number of criminals sentenced to less than years in prison accounts for the highest proportion; Next is the number of criminals sentenced to - 15 years in prison; The number of subjects fined and sentenced to over 15 years in prison, life imprisonment, or death penalty accounts for the lowest rate Ninth, out of 250 sentences, of 537 offenders, 142 people were given additional penalties by the court The proportion of offenders subject to additional punishment is 26.4%; Out of 250 sentences, 537 offenders were given suspended sentences by the court The rate of offenders given suspended sentences is 19.3% 3.2 Current situation of preventing crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City 3.2.1 The current situation of the political-legal basis for activities to prevent crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City In this section, the thesis focuses on researching documents that the Ho Chi Minh City government issued from 2012 to 2022, as a basis for preventing crimes that violate economic management order production, business, and trade fields in the city during this period 3.2.2 Current status of force organization and coordination among prevention forces In this section, the thesis focuses on clarifying the current situation of organizing forces to perform preventive functions and tasks, specifically the People's Police, the People's Procuracy, and the People's Courts at all levels in the City Ho Chi Minh City In addition, the thesis also clarifies the current situation of the team of reporters and propagandists of the Department of Justice, the team of Ho Chi Minh City Customs Department, and the Ho Chi Minh City Market Management Department The thesis also analyzes and evaluates the current state of coordination between subjects performing the functions and tasks of prevention mentioned above 3.2.3 The current situation of applying measures to prevent crimes of violating economic management order in the fields of production, business, and commerce in Ho Chi Minh City 18 In this section, the thesis focuses on analyzing the current situation of applying socio-economic measures, cultural-educational measures, and state management measures on security and order that have been applied to prevent the situation Crimes of violating economic management order in the fields of production, business, and commerce in Ho Chi Minh City from 2012 to 2022 3.3 Limitations and causes of limitations in preventing crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City 3.3.1 Limitations in preventing crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City In this section, the thesis focuses on analyzing and clarifying limitations in prevention in terms of political-legal basis; organizing forces, and coordination among prevention forces; and Limitations in the application of social prevention measures such as socio-economic measures, cultural-educational measures, and state management measures on security and order 3.3.2 Causes of limitations in preventing crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City From the analysis of the current situation of prevention, it can be seen that the prevention of crimes infringing on economic management order in the fields of production, business, and commerce in Ho Chi Minh City in recent times, besides the remarkable results that have been achieved, some limitations still exist Specifically: First, the legal basis system - specifically the provisions of criminal law on crimes that violate the economic management order in the fields of production, business, and commerce still has some problems, inadequate, causing difficulties in the application process Second, the prevention force and equipment for prevention work not meet practical needs Third, the coordination between direct prevention forces and related prevention forces is not synchronized Fourth, the assessment of the causes and conditions of crimes and activities to summarize, learn from experience, and predict the prevention of crimes that violate economic management order in the fields of production, business, and commerce in the locality Ho Chi Minh City has not received adequate attention Fifth, negative economic, social, and population factors impact the effectiveness of crime prevention 19 Sixth, propaganda work related to crimes of violating economic management order in the fields of production, business, and trade has not yet gone into depth and is still heavily formalized Conclusion of Chapter Chapter FORECASTING THE SITUATION AND SOLUTIONS TO ENHANCE THE PREVENTION OF CRIMES IN VIOLATION OF ECONOMIC MANAGEMENT ORDER IN THE FIELD OF PRODUCTION, BUSINESS, AND TRADE IN HO CHI MINH CITY 4.1 Forecasting the situation of crimes violating economic management order in the fields of production, business, and commerce in Ho Chi Minh City in the coming time 4.1.1 Basis of forecasting 4.1.2 Content of forecast Based on the forecast, the thesis makes predictions about crimes violating the economic management order in the fields of production, business, and commerce in the coming time in Ho Chi Minh City with the following contents: about the nature and extent of the crime, about the person committing the crime, about the methods and tricks of committing the crime, about the key area of the crime, and the identity of the offender 4.2 Solutions to improve the legal basis for preventing crimes that violate economic management order in the fields of production, business, and commerce Criminal law is the sharpest tool to fight crime Improving the legal basis, specifically perfecting the provisions of the Penal Code to promptly fit the socioeconomic development process, and creating a synchronous legal corridor is one of the important solutions in fighting crimes that violate effective economic management order Based on the remaining issues in the provisions of the Penal Code on crimes of violating economic management order analyzed by the author in chapter 3, the author proposes recommendations to improve the regulations of the Penal Code regarding this group of crimes 4.3 Solutions to improve the quality of staff and strengthen coordination between entities to prevent crimes that violate economic management order in the fields of production, business, and commerce 20 4.3.1 Improve the quality of staff directly performing functions and tasks of preventing situations To improve the quality of the staff directly performing the functions and tasks of preventing the situation, the Ho Chi Minh City government needs to: - Increase the number of staff directly performing functions and tasks to prevent the situation - Strengthen the quality of staff directly performing functions and tasks to prevent the situation - Strengthen facilities and support facilities 4.3.2 Strengthen coordination between entities to prevent crimes that violate economic management order in the fields of production, business, and commerce Coordination plays a special role in the process of handling criminal cases related to economic crimes Subjects who prevent crimes that violate economic management order in the fields of production, business, and commerce need to implement Regulation No 45/QCLN-CA-VKS-TA dated April 26, 2019, on interdisciplinary coordination in investigation, prosecution, and adjudication of criminal cases according to the provisions of the 2015 Criminal Procedure Code Carry out coordination work well according to the "Regulations on coordination between the Department of Market Management Ho Chi Minh City School and Police Not only coordination between units within the city but also a need to proactively coordinate with the forces of this type of crime in areas adjacent to the city, especially the functional forces in the Long An area, Tay Ninh 4.3.3 Strengthen professional measures to promptly detect and handle crimes that violate economic management order in the fields of production, business, and commerce Strengthen and improve the quality of activities to detect crimes that violate economic management order in the fields of production, business, and commerce First, enhances crime detection by improving efficiency in receiving and resolving denunciations, crime reports, and recommendations for criminal prosecution Second, strengthen regular patrols and control at locations and peak periods of the year such as holidays and New Year in key areas for violations of economic management orders, Third, strengthen inspection and examination to detect crimes 21 Fourth, promote, strengthen, and proactively international integration in the field of detecting acts that violate the economic management order in the fields of production, business, and trade Fifth, strengthen mutual legal assistance, especially criminal judicial assistance, to handle acts that violate the economic management order in the fields of production, business, and trade with foreign elements and recover property in exchange for a group of crimes that violate the economic management order Strengthen and improve the quality of activities in handling crimes that violate economic management order in the fields of production, business, and commerce First, closely follow and actively participate in the National Crime Prevention and Control Strategy for the period 2016-2025 and orientation to 2030 Second, agencies assigned to conduct several investigative activities according to the provisions of the Law on Organization of Criminal Investigation Agencies in 2015 need to boldly and strictly implement the authority to prosecute (prosecute) according to the law Third, ensure the principle of independent judges and jurors Implementing this principle will contribute to limiting injustice and negativity, judging the right person, and the right crime, and improving the quality and efficiency of adjudicating crimes that violate the economic management order in the field of production export, business, trade Create trust with people, and contribute to preventing this crime situation in the city Fourth, ensure the prosecution, investigation, prosecution, and trial of cases violating the economic management order in the fields of production, business, and commerce in the area following the Penal Code and the Prosecution Code criminal litigation Fifth, speed up the trial progress of serious and complex economic cases and key cases of public interest and have solutions to increase the efficiency of recovering assets obtained from crimes for criminals this case Sixth, determining the value of goods, especially for crimes of trafficking in counterfeit and banned goods, currently takes a lot of time to ask for valuation, causing many difficulties in investigation work It is necessary to thoroughly overcome the delay in judicial appraisal work according to cases Seventh, organize research, study, and exchange to selectively absorb the experiences of other countries and international organizations in the fight against crimes that violate the economic management order 22 4.4 Strengthen the implementation and application of measures to prevent crimes that violate economic management order in the fields of production, business, and commerce In this section, the thesis has proposed solutions to prevent the social situation of crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City including: 4.4.1 Socio-economic solutions 4.4.2 Cultural and educational solutions 4.4.3 Solutions on organization and State management of security and order Conclusion of Chapter 23 CONCLUDE With a structure of four chapters, the thesis has resolved several issues as follows: Firstly, the thesis has overviewed domestic and foreign research works related to the prevention of crimes that violate economic management order in the fields of production, business, and commerce By referring to these works, the author has inherited the researched content and identified issues that need to be further clarified in the Thesis Second, the thesis has presented theoretical issues on preventing crimes that violate economic management order in the fields of production, business, and commerce, based on general theoretical issues, Determine the theoretical basis for preventing crimes that violate economic management order in the fields of production, business, and commerce Third, the thesis evaluated the current status of prevention activities of crimes violating economic management order in the fields of production, business, and commerce in Ho Chi Minh City from 2012 to 2022 Fourth, based on Chapter 3, the thesis forecasts the situation of crimes violating economic management order in the fields of production, business, and trade and proposes some solutions to enhance the prevention of the situation Crimes of violating economic management order in the fields of production, business, and commerce in Ho Chi Minh City in the coming time Preventing crimes that violate economic management order in the fields of production, business, and commerce in Ho Chi Minh City is the struggle of the entire government, all people, all levels and sectors above the city area Therefore, in the fight against this criminal group, it is necessary to further strengthen the operational efficiency of law enforcement agencies and the continuous efforts of the masses The groups of solutions stated by the author in the thesis are closely related to each other and need to be deployed synchronously to contribute to the effective prevention of crimes that violate economic management order in the production sector, business, and trade in Ho Chi Minh City soon During the implementation process, the thesis is not immune to limitations and shortcomings The author hopes to receive comments and reviews from experts and colleagues to further improve 24