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MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY PHAM THI HAI DIU LAW ON SOCIAL SECURITY ON BASIC SOCIAL SERVICES IN VIETNAM Major: Economic Law Code: 9380107 SUMMARY OF DOCTORAL THESIS ON LAW Hanoi, 2023 HEADING Reason for choosing the topic In 2009, the United Nations developed the Social Protection Floor Initiative, which includes essential social services for people, including: (i) Basic medical care; (ii) hygienic drinking water; (iii) housing; (iv) education; and (v) Other services depending on the priority of each country In Vietnam, basic social services were first mentioned in the National Action Program for Vietnamese Children 2001-2010 and the National Target Program on Poverty Reduction and Employment 2001-2005 In particular, Resolution No 15/NQ-TW of the Fifth Conference of the Party's 11th Central Committee on "Some social policy issues for the period 2012-2020" has identified the goal of ensuring people’s social services include minimum education, minimum health care, minimum housing, clean water and sanitation, and information and communication Currently, basic social services in Vietnam are institutionalized in the number of legal documents Besides the positive points, the legal system on this issue still has certain limitations and inadequacies, so the practical implementation has not been highly effective With the trend of socio-economic development and the rising living standards and people’s needs, basic social services now plays an increasingly important role in ensuring minimum needs of the people are met Despite that, there has not been any scolarly work to systematically and comprehensively study the law on social security regarding basic social services Those are the reasons that the author chooses the topic "Social security law on basic social services in Vietnam" as their doctoral thesis on law Research aims and objectives 2.1 Research aims The purpose of the thesis is to study comprehensively and deeply the theoretical issues regarding basic social services within the social security system Based on said theories, the thesis shall then focus on analyzing the current state of law and practical implementation of social security legislation on basic social services From there, recommendations are made to improve the law and improve the effectiveness of the implementation of the social security law on basic social services 2.2 Research objectives The thesis performs the following tasks to achieve the set purposes: - Firstly, introduces an overview of the research status relating to the topic in order to establish issues and contents that needs resolving within the thesis The thesis shall also research the theoretical basis, questions and hypotheses - Secondly, sheds light on certain theoretical issues about basic social services in social security and the law on social security on basic social services - Thirdly, for each basic social service, analyze and evaluate the current state of law and practice of implementing social security legislation on basic social services in Vietnam - Fourthly, explain the objective requirements of the improvement of the social security law on basic social services Propose recommendations for the improvement of such law and the effectiveness of the implementation of the social security law on basic social services in Vietnam Subjects and scope of research 3.1 Research subjects The thesis limits it’s studies to only from the perspective of jurisprudence, within the scope of social security legislation on basic social services Depending on the content and requirements set forth, references to, comparisons with and contrasts with international law and the laws of other certain jurisdictions relating to the research subjects of the thesis shall be made 3.2 Scope of research - Scope of content: The thesis researches Vietnamese social security legislation on 05 basic social services, including: education, medical care, housing, hygienic drinking water and access to information For each basic social service, the thesis focus shall be on the target audience, content, provider and financial source for investment of said basic social service The thesis shall not perform studies relating: implementation procedures, complaints, denunciations, inspections, examinations and handlings of violations of the law; settlements of dispute - Spatial scope: The thesis studies the social security law on basic social services in Vietnam, with the inclusion of comparisons to international law and other certain relevant jurisdictions - Scope of time: The thesis research is focused on the period from 2015 (when Resolution No 15/NQ-TW of the Fifth Conference of the Party's 11th Central Committee on "Some social policy issues for the period 2012-2020 was issued) to present Methodology and research methods 4.1 Methodology The thesis is researched on the basis of the Marxism–Leninism methodology, the viewpoints, guidelines and orientations provided within the Resolutions of the Party and the State in relation to the research content 4.2 Research methods The thesis uses a number of research methods such as: document retrospective method, analytical method, comparative method, proof method, synthesis method, etc Scientific and practical significance of the topic The in-depth and comprehensive research on social security law on basic social services in Vietnam of this thesis shall provide the following scientific and practical contributions: - The thesis contributes to perfecting the theoretical foundation of social security in general and basic social services in particular by establishing concepts, characteristics, and roles of basic social services as a constituent part of social security - The thesis contributes to perfecting the theory of social security law on basic social services through the construction of concepts, determining the governing principles of the social security law on basic social services The thesis also comprehensively and systematically analyzes the content of social security legislation on basic social services - The thesis shall be the first scholarly work to provide comprehensive analyzations and evaluations of the current state of Vietnamese law in terms of target audience, content, providers and financial sources for investment regarding the 05 basic social services and the practice of implementing these regulations - The thesis shall propose recommendations for purpose of referenceto improve the social security law on basic social services andimplementation efficiency Structure of the thesis Excluding introduction, the overview of the research status, the conclusion, the list of acronyms and the list of references; the thesis shall be structured in chapters: Chapter Some theoretical issues on basic social services and the law on social security on basic social services Chapter Current status of social security legislation on basic social services in Vietnam and practical implementation Chapter Recommendations to improve the law and the efficiency of the implementation of the law on social security on basic social services LITERATURE REVIEW Research status related to the thesis topic 1.1 Research status on theoretical issues on basic social services and social security law on basic social services 1.1.1 Research status on theoretical issues on basic social services The concept of social security has been mentioned by a number of domestic and foreign research works The concept of basic social services has been mentioned and analyzed in a number of studies but mainly analyze the basic concept of social services developed by the United Nations The role of basic social services in the social security system has been mentioned by some works, but it is not systematic and comprehensive 1.1.2 Research status on theoretical issues on social security law on basic social services Up to the present time, there has been no research on the concept of social security legislation on basic social services and the basic principles of the law on this issue The content of social security legislation on basic social services has been studied at both wide and narrow scale, varying between domestic and foreign studies and stemming from differences between the legal system, the legal system, socio-economic conditions of each country 1.2 Research status on the current situation of Vietnam's social security law on basic social services and practical implementation From research, there are only few scholarly works on the current status of the law on social security on basic social services and practical implementation, and none have fully and comprehensively studied this issue 1.3 Research status on current propositions for the improvement of the law on social security on basic social services and implementation efficiency The majority of schlarly works proposes recommendations on the improvement of the social security law on basic social services and the improvement of implementation efficiency for a specific target group such as the poor and ethnic minorities… Comments and assessments on the research status relating to the thesis topic and The issues requiring further research 2.1 Comments and assessments on the research status relating to the thesis topic In general, majority of scholarly works focuses on the status of ensuring access to basic social services for disadvantaged groups such as children, migrant workers, the poor, ethnic minorities, and residents of mountainous areas There has not been any works providing a general and comprehensive study regarding legal system on basic social services Majority of works have suggested solutions to improve the efficiency of basic social services, but none have proposed improvements to the law on social security on basic social services 2.2 The issues requiring further research - The thesis systematizes and provides further analysis on the concept and specific characteristics of basic social services The thesis continues to research and highlight the role of basic social services in the social security system - The thesis researches and provides further analysis on the theoretical issues of social security law on basic social services such as building concepts and basic principles of the law on this issue - The thesis fully and comprehensively studies the current state of Vietnam's social security legislation relating to the 05 basic social services and its’ practical implementation - The thesis proposes urgent solutions to supplement and perfect the Vietnamese social security legal system on basic social services and solutions to improve implementation efficiency Theoretical basis, research questions, research hypothesis 3.1 Theoretical basis of the thesis Theory of human rights Theory of human needs The theory of equality of opportunity 3.2 Research questions, research hypothesis Research question 1: What are the basic social services? What is the role of basic social services in the social security system? Research hypothesis: Basic social service is a system of service providing activities to meet the minimum needs of people In addition to the general features of social security, basic social services also provides additional some specific characteristics Basic social services play a role in the comprehensive development of people and the sustainable development of society Research question 2: What is the social security law on basic social services? The principles of social security law? What are the contents of the social security law on basic social services? Research hypothesis: The law on social security on social services is basically a synthesis of legal provisions on the provision of basic and essential services in a universal way, suitable for stages of national development Social security legislation on basic social services must follow principles that ensure that it is consistent with the nature of basic social services Laws on social security on basic social services must follow the principles to ensure compliance with the nature of basic social services Regulation scope of the Laws on social security on basic social services is dependant on the perspective and level of socio-economic development of each country during each period Research question 3: What is the current status of Vietnam's social security law on basic social services? What are the advantages and disadvantages of such regulations? Research hypothesis: The law on social security on basic social services stipulates the target audience, content of basic social services, providers and financial sources for investment in social services These regulations have created a legal corridor to ensure people's right to access basic social services However, the legal system still has shortcomings and has not met the actual requirements Therefore, the practical implementation has not achieved high efficiency Research question 4: What are the requirements and recommendations to improve the legal regulations and the effectiveness of the implementation of the social security law on basic social services? Research hypothesis: The completion of the social security law on basic social services needs to meet certain requirements Accordingly, the recommendations are proposed to improve the law and the effectiveness of the implementation RESEARCH RESULTS Chapter SOME THEORETICAL ISSUES ABOUT SOCIAL SERVICES AND SOCIAL SECURITY LAW ON BASIC SOCIAL SERVICES 1.1 Some theoretical issues about basic social services in the social security system 1.1.1 The concept of social security and its components There are many ways to define social security, but in general, the goal of social security is to create a safety net consisting of many layers of protection for all when facing risks The social security system usually includes major components such as: social insurance, health insurance, social assistance, basic social services 1.1.2 The concept of basic social service in the social security system 1.1.2.1 The concept of social service Basic social services are activities that meet the needs of the community and individuals in order to develop society, ensure social welfare and justice, uphold ethical and human values, and be one of the tools for implementing social security policies 1.1.2.2 The concept of basic social service Basic social service is a system of activities to ensure that individuals and organizations have access to basic and essential services such as education, health care, housing, hygienic drinking water, access to information, etc to ensure the minimum needs of the people in each period of national development 1.1.2.3 Characteristics of basic social services Basic social services have the following characteristics: basic social services are mainly provided or permitted by the state; Basic social services have a broad and equal audience; Basic social services impact human development 1.1.3 The role of basic social services in the social security system Basic social services play a very important role such as preventing poverty; improving people's quality of life and developing the country's economy sustainably; promoting social justice, strengthenig the cohesion of the whole society, reducing income inequality of people; helping people protect their legitimate rights and interests 1.2 Social security law on basic social services 1.2.1 The concept of social security law on basic social services The social security law on social services is basically a collection of legal provisions promulgated by the state regulating social relations formed in the provision of basic and essential services such as basic education, basic medical care, housing, clean water, access to information in order to ensure the minimum and basic needs of the people in each period of national development 1.2.2 Basic principles of social security law on basic social services The social security law on basic social services should follow principles such as: all people have the right to access basic social services; the harmonious consolidation between economic and social policies in the regulation and implementation of social security in terms of basic social services; the socialization of basic social services 1.2.3 Contents of social security law on basic social services 1.2.3.1 Basic Education service Basic education services are all educational activities that take place in different settings that meet the basic learning needs of all citizens Basic education is universal, provided by the State through the public school system supported by the State budget Its content is expressed through the number of years of compulsory education, universal education, and illiteracy eradication 1.2.3.2 Basic health care service Basic health care service is the first and most universal health care provision service in the national social security system Its audience is universal Its scope is dependant on the view of each country Basic medical care is usually provided by the State using its main budget 1.2.3.3 Basic housing service The right to adequate housing is applied to everyone without discrimination on any factor, it ensures all people have access to housing, specifically, focusing on the disadvantaged demographics The entity providing housing can be the State or other entities with different financial sources 1.2.3.4 Basic hygienic drinking water services All people have access to clean water according to the standards issued by the country The entity providing clean water can be the State or the private sector under the control of quality and price to ensure the affordability of the people The state invests the budget for clean water supply in addition to investment capital from the private sector and service use fees from service users 1.2.3.5 Basic access to information The right to access information is universal, associated with the responsibility of state agencies to provide information The basic content of social services on access to information should be clearly defined such as accessible information, non-accessed information and conditional access information and financial sources for investment in accessing information CHAPTER THE STATUS OF SOCIAL SECURITY LAW ON BASIC SOCIAL SERVICES IN VIETNAM AND PRACTICE IMPLEMENTATION 2.1 Current status of Vietnamese law on basic education services and implementation practices 2.1.1 Current status of Vietnamese law on subjects accessing basic education services and practice The Constitution, Law on Education 2019 and guiding documents stipulate that everyone has the right to access basic education The subject eligible for access to basic education in Vietnam is the entire people, with the state desiring, facilitating and ensuring broad coverage of access to education Decree No 20/2014/ND-CP of the Government dated 24th March, 2014 on universalization of education and eradication of illiteracy stipulates that the subjects of education universalization are children from years old to 18 years old and the subjects of illiteracy eradication are illiterate individuals ranging from 15 to 60 year olds In addition, the law has separate provisions on access to basic education services for people with disabilities In general, Vietnam has completed the goal of universalizing preschool education for 5-year-old children in 2017 As of the 2020-2021 school year, all 63/63 provinces and cities have universalized preschool education for year old children and basically guaranteed all boys and girls to attend primary school 2.1.2 Current status of Vietnamese law on the content of basic education service and practice Basic education services include contents on illiteracy eradication for illiterate individuals of 15 to 60 years of age, compulsory education and universal education Education Law 2019 stipulates compulsory education at primary level, universal preschool and lower secondary education Compared to other countries in the world, the scope of basic education services in Vietnam is quite narrow compared to most countries where number of years of compulsory education ranges from to 12 years 2.1.3 Current status of Vietnamese law on the provider of basic education services and practical implementations In Vietnam, the main educational service provider is the state through the system of public schools Public school students are exempted from tuition fees during the years of compulsory education and receive tuition assistance during the years of universal education Practical implementations show that, in large cities and densely populated areas, students without permanent residence may not be able to attend public schools due to overcrowding Such students are required to study where they are registered in their household registration certificate or attend nonpublic schools 2.1.4 Current status of Vietnamese law on financial investment in basic education services and practical implementations The Law on Education 2019 stipulates that the state gives first priority to the education budget, ensuring that the state budget spends on education and training at least 20% of the total state budget expenditure (Article 96) In addition, financial resources for investment in teachers are also mobilized from many other sources The level of expenditure on education from the state budget in Vietnam is considered relatively high However, due to the regulations on the expenditure structure remains unreasonable, spending efficiency has not yet achieved expected results The regulation "ensuring the state budget spends on education and training is at least 20% of the total state budget expenditure" has no specific guidance, leading to different interpretations and application among localities 2.2 Current status of Vietnamese law on health care basic social services and practicimplementations 2.2.1 Current status of Vietnamese law on subjects accessing basic health care services and implementation practices The 2013 Constitution, the Law on Health Insurance in 2008 and the Law on Medical Examination and Treatment in 2023 (effective from 1/1/2024) recognizes that people have access to universal basic medical care In addition, the law also specifically stipulates the right to access basic medical care for some specific groups such as people with disabilities, children, ethnic minority women, etc However, certain subjects are still being “left out” from the basic medical care services Practical implementation of the law also has not been highly effective, and the quality of basic health care services provided has not yet been guaranteed in certain cases 2.2.2 Current status of Vietnam's law on the content of basic health care services and practical implemetations Basic health care services provided in Vietnam include: package for initial health care, preventative and health improvement purposes, and basic package of health service covered by the health insurance fund (Circular No 39/2017/TTBYT) In general, these services are essential, meeting most of the people's basic health care needs However, the content of basic social services on health care still lacks some services that are considered essential and play an important role in the improvement of the population’s quality such as sexual health services, reproductive health services for adolescents and young adults; nutritional examination and counseling services, treatment of acute malnutrition for children under years old; Pregnancy testing and diagnosis services are not intended to treat 2.2.3 Current status of Vietnamese law on the subject providing basic health care services and practical implementations The subject providing basic medical care in Vietnam is a system of medical examination and treatment establishments established in accordance with law and in one of the following organizational forms: Hospitals; infirmaries belonging to the people's police force; polyclinics; specialized clinics; family medical examination and treatment establishments; Midwifery houses; The grassroots health system has been able to directly promoting its role and position in the management and health care of the people in the community The grassroots health level has performed an estimated 50-60% of the services according to segmentation, in accordance with the basic health service package 2.2.4 Current status of Vietnamese law on financial investment in basic health care services and practical implementations Financial sources for investment in basic health care services are regulated from the state budget, socialization sources, costs paid by service users, etc If the patient participates in health insurance, medical examination and treatment expenses shall be made according to the principle of contribution and enjoyment of health insurance The health insurance fund will support to pay part of the costs when they have medical examination and treatment needs The law on this issue still has certain limitations such as many unclear regulations, and many shortcomings in regulations on socialization That is the reason the implementation of the law has not been highly effective 2.3 Current status of Vietnamese law on basic housing services and practical implementations 2.3.1 Current status of Vietnamese law on subjects accessing basic housing services and practical implementations Housing in Vietnam is universal accessed Subjects entitled to own houses in Vietnam are not only domestic organizations, individuals and households, but also overseas Vietnamese nationals; foreign organizations and individuals in some cases To ensure universal access to housing for all, most countries regulate and focus on social housing development According to the provisions of the Law on Housing, the beneficiaries of the housing policy include 09 groups (Article 39) This regulation still “omits” a number of subjects who need assistance in accessing housing such as disabled people, migrant workers, etc 2.3.2 Current status of Vietnamese law on the content of basic housing services and practical implementations Housing as one of the basic social services of the Vietnam's social security system and is recognized by law and is ensured that all people have the rights to legal housing The State has no obligation to provide or ensure that all people own housing, but the State is only responsible for ensuring that all people have the right to a lawful, safe and inviolable place to live In which, depending on each disadvantaged group, the State ensures, prioritizes and supports access to housing in different forms such as social housing development, residential land support, and housing construction in ethnic minority areas and mountainous areas that not have residential land, houses or dilapidated houses, temporary houses 2.3.3 Current status of Vietnam's law on basic housing service providers and practical implementations According to the provisions of Article 13 of the Law on Housing 2014, the State is responsible for the implementing of housing development policies, but the State is not the only entity providing housing Housing is provided by the state, businesses, cooperatives, households, and individuals In particular, the State manages the quality, has policies to support social housing providers and stipulates how to determine the rent, rent-purchase, and sale prices of social housing to ensure that it is accessible for the people Some regulations on subjects providing basic housing services still exist inadequacies such as regulations on commercial housing projects are required to set aside 20% of the land fund for social housing development, regulations on incentives for investors to build social housing… 2.3.4 Current status of Vietnamese law on financial investment in basic housing services and practical implementations The state invests in basic housing services through the state budget or has preferential policies for organizations and individuals investing in the construction of social housing According to Article 53 of the Law on Housing 2014, social housing can be invested by the State or enterprises or cooperatives invest for employees in their unit or by households or individuals The practice of housing development has not achieved high efficiency because some regulations are not feasible and specific 2.4 Current status of Vietnamese law on basic hygienic drinking water services 2.4.1 Current status of Vietnamese law on subjects accessing basic social services on hygienic drinking water water and implementation practices International law and most countries’s law recognize the right to hygienic drinking water as a basic human right Vietnam aims to make hygienic drinking water accessible to all people In general, access to hygienic drinking water has not been given due attention when the legal framework on this issue is not specific and clear Currently, the Vietnamese legal system does not have a separate law on this issue, but mainly promulgates and implements national target programs 2.4.2 Current status of Vietnamese law on the content of basic hygienic drinking water services and practical implementations Hygienic drinking water is understood as water that is hygienic, safe for health, clear, colorless, odorless, tasteless, does not contain pathogenic microorganisms and toxic substances that affect the health of users Hygienic drinking water according to national standards is water that meets the criteria prescribed by the National Technical Regulation on quality of domestic water Vietnamese law stipulates that people have right to access hygienic drinking water with national technical regulations on domestic water quality developed by competent Vietnamese agencies When using hygienic drinking water, service users must pay fees according to the price bracket and tariff set by the State 2.4.3 Current status of Vietnam's law on entities providing basic hygienic drinking waterservices and practical implementations In accordance with the consolidated Decree 12/VBHN-BXD dated 27th April, 2020 on clean water production, supply and consumption issued by the Ministry of Construction, water supplier may be an organization or individual implementing part or all of activities of exploitation, production, transmission, wholesale of hygienic drinking water and retail of hygienic drinking water Thus, the State does not directly provide hygienic drinking water, but selects and signs a hygienic drinking water supply agreement with an entity that meets the statutory conditions as prescribed 2.4.4 Current status of Vietnamese law on financial investment in basic hygienic drinking services and practical implementations In order to reduce the pressure on the state budget and improve the responsibility of each citizen, hygienic drinking water supply activities are carried out in combination between the state and the people, promoting socialization, attracting investment resources to invest, construction, management and operation of water supply works To access hygienic drinking water, users are required to pay a fee Hygienic drinking water prices must be calculated correctly and fully, including reasonable production costs, distribution costs and within the water tariff prescribed by the State Practical implementation of the law on this issue has not been highly effective In fact, many clean water supply works have been invested and built but remains inoperable or operate inefficiently 2.5 Current status of Vietnamese law on basic access to information and practical implementation 2.5.1 Current status of Vietnamese law on subjects accessing basic information and practical implementations The 2013 Constitution and the Law on Access to Information recognize that all citizens are equal, without discrimination in accessing information Regulations on subjects accessing information in the Law on Access to Information are currently not compatible with international legal documents that Vietnam has signed or acceded to and are not compatible with other domestic legal documents In addition to regulations on subjects accessing information as citizens in general, Vietnamese law also has a number of separate provisions on the right to access information for people with disabilities 2.5.2 Current status of Vietnamese law on the content of basic access to information and practical implementations Citizens have access to all information made public by a state agency and are entitled to request information from a state agency, with the exception of inaccessible (state secret) and conditional access information The content of basic access to information under the Law on Access to Information is not compatible with Article 25 of the 2013 Constitution and international conventions that Vietnam has signed or acceded 2.5.3 Current status of Vietnamese law on basic access to information and practical implementations According to Clause 1, Article of the Law on Access to Information, state agencies are responsible for providing information they create, except for information that citizens not have access to; for information with conditional access, to provide information when the conditions are satisfied as prescribed Thus, the provisions on information providers in the Law on Access to Information are not compatible with the provisions of other legal documents Some other legal documents also stipulate that the subject providing information can be organizations, businesses, individuals 2.5.4 Current status of Vietnamese law on financial investment on basic access to information and practical implementations Application of information technology is the most effective methods to effectively access information The government recommends that localities spend at least 1% of their annual budgets on information technology applications In general, the regulations on financial sources for investment in accessing information are still general, there are no specific documents guiding the level of funding and how to use the state budget for information access 2.6 Some comments and reviews 2.6.1 Achievements The social security law on basic social services has achieved many positive results such as: regulating universal access to basic social services; Certain basic social services are relatively completely and comprehensively regulated within the legal system; The scope of basic social services is relatively consistent with the United Nations social security floor; Positive results on the practical implementation of Vietnamese law on basic social services have been achieved 2.6.2 Shortcomings, limitations and causes The social security law on basic social services still has certain limitations such as: the scope of basic social services still lacks some basic and essential services; Some basic social service’s legal framework remains unclear and are mainly expressed through policies; Migrants' access to basic education and basic medical care services is still difficult due to household registration regulations; The legal system on basic social services is not unified, scattered in many different legal documents; The quality of basic social services is not guaranteed and there are disparities in access between target groups; Investment in basic social services in the form of socialization has not been highly effective CHAPTER RECOMMENDATIONS TO COMPLETE THE LAW AND IMPROVE THE EFFECTIVE IMPLEMENTATION OF THE SOCIAL SECURITY LAW ON BASIC SOCIAL SERVICES 3.1 Request to complete Vietnam's social security law on basic social services and improve implementation efficiency Completing the law and improving the effectiveness of implementing the law on basic social services needs to meet the following requirements: completing the law on basic social services in accordance with the social security policies of the prevailing Party and Government; Ensure improvement of the law on basic social services in accordance with the nature of basic social services as basic human rights; overcome shortcomings in current regulations on basic social services; Complete the law on basic social services in accordance with international law and countries around the world 3.2 Some recommendations to improve Vietnam's social security law on basic social services 3.2.1 Some general recommendations Firstly, it is necessary to expand the scope of basic social services to basic hygiene services and basic elderly care services Secondly, promulgate regulations to allow the shift of basic social service provision from the state to the private sector and promote socialization in basic social service provision Thirdly, review and eliminate regulations on household registration and temporary residence in accessing basic social services in order to be compatible with the Residence Law 2020 Fourthly, specify local responsibilities in ensuring access to basic social services 3.2.2 Proposal to improve Vietnam's law on basic education services Vietnam's law on basic education services should to be improved in the direction of: promulgating a 9-year compulsory education law; It is necessary to regulate Inclusive Education Support Centers to operate as educational facilities and educate people with disabilities to ensure the best access to basic education for people with disabilities; Regulations on tuition exemption and tuition support for universal education levels 3.2.3 Proposal to improve Vietnam's law on basic health care services - Promulgate legal documents on basic health care; - Promulgate a new Health Insurance Law to replace the Health Insurance Law 2008; - Reconsideration of additional participants applicable for health insurance; Amending regulations on health examination and treatment routes; - Expanding health insurance benefits for participants; - Regulations that allow participating private health insurance to provide primary health care services to participants by consolidating health insurance packages between the two public and private systems - Separate regulations on financial autonomy mechanism in purchasing equipment, supplies, and drugs in public medical facilities 3.2.4 Proposal to improve Vietnamese law on basic housing services - Amend regulations on housing ownership and land use rights of foreigners Improve the law on ensuring access to housing for groups with difficulty accessing housing such as people with disabilities - Consider promulgating incentive and support regulations to encourage or bind businesses with large employment numbers to set aside a portion of their revenue for the development of housing for their employees - Amend regulations on calculating selling prices and rental prices of social housing and regulations on incentives and support for investors to develop lowcost housing - Regulations on establishment of Housing Credit Fund - Regulations binding the responsibilities of local authorities in implementing land fund arrangement planning for housing development 3.2.5 Proposal to improve the law on basic hygienic drinking water services - Promulgate laws on production, supply and use of hygienic drinking water; - Regulations on expanding the content of basic hygienic drinking services such as providing a certain amount of water monthly to vulnerable groups with difficult circumstances - Regulations on responsibilities of local authorities in the operation and exploitation of water supply works after takeover 3.2.6 Proposal to improve Vietnam's law on basic access to information - Amend regulations on subjects accessing information and refer these subjects within specialized laws - Expand the scope of the subject providing information - Annul Clause 1, Article 23 of the Law on Access to Information 2016 - Regulations to increase the level of funding for investment in the development of information technology and Internet networks in ethnic minority areas - Specify the initial level of local budget to develop information technology, ensuring access to information for disabled people; - Regulations on sanctions to handle agencies that are late in providing information 3.3 Solutions to improve the effective implementation of the social security law on basic social services 3.3.1 Some general solutions First, tackle poverty issues in order to enhances the effectiveness of access to basic social services Second, ensure access to basic social services is within the "affordability" range of service users Third, improve the infrastructure system in rural, mountainous and island areas Fourth, strengthen supervision and assessment from service users and inspection and supervision from competent authorities 3.3.2 Solutions to improve the law’s effective implementation on basic education services Solutions such as improving the quality of education; Invest in new construction and expansion of the network of public educational institutions; Strengthen mobilization and promotion in ethnic minority areas; Promote access to basic education for children with disabilities; Exemption and reduction of tuition fees for basic education 3.3.3 Solutions to improve the law’s effective implementation on basic health care services Solutions include: Increasing investment in specialized medical facilities and human resources suitable for each subject; Raising awareness of people in ethnic minority areas about basic health care; Developing a family doctor model; Bringing into play the operational efficiency of health stations and grassroots health clinics; Encourage the activities of NGOs 3.3.4 Solutions to improve the law’s effective implementation on basic housing services Solutions include: Research and application of science and technology in construction to reduce housing costs; Prioritize resolution and solutions for projects that are in "limbo" due to procedural reasons; Establishment of Housing Credit Fund; Establish a specialized housing apparatus; Strengthen the responsibility of People's Committees of provinces and cities in reserving land funds for social housing development in the area; Encourage the participation of other actors in housing provision; Apply information technology in managing beneficiaries of housing support policies 3.3.5 Solutions to improve the law’s effective implementation on basic hygienic drinking water services Solutions include: raising people's awareness in accessing hygienic drinking water; Pilot two post-investment water supply project management models, evaluate the effectiveness of each model and replicate throughout the country At the same time, give autonomy to localities in choosing water supply units, signing investment cooperation contracts with the private sector to invest in water supply, and deciding on water selling prices within the ceiling prescribed by law 3.3.6 Solutions to improve the law’s effective implementation on basic access to information Solutions include: The Ministry of Justice needs to regularly organize training sessions, seminars, and professional development for focal officers providing information; The Government needs to make efforts to accelerate the process of building e-government; Set aside a separate budget for the development of information technology for people with disabilities; Require state agencies to report on the implementation of the law on access to information annually CONCLUSION The introduction of Resolution No 15/NQ-TW of the Fifth Conference of the Party's 11th Central Executive Committee on "Some social policy issues in the 2012-2020 period" has created major changes, expanding the scope of Vietnam's social security system In particular, the recognition of basic social services is a new pillar of social security, showing that Vietnam's social security system is increasingly complete and progressive With the topic "Social security law on basic social services in Vietnam", the thesis aims to deepen theoretical issues about basic social services as a component part of the national social security system, perfecting the legal system on this issue to ensure that all people have access to full basic social services After the research, the thesis came to the following conclusions: Basic social service is a system of activities to ensure that individuals and organizations have access to basic and essential services such as education, health care, housing, hygienic drinking water, access to information, etc to ensure the minimum needs of the people in each period of national development basic social services are mainly provided or permitted by the state; Basic social services have a broad and equal audience; Basic social services impact human development The role of basic social services is clearly demonstrated not only in human development but also in contributing to the equitable and progressive development of society and the social security system of each country The law on basic social services often includes: basic education services; Basic health care services; Basic housing services; Basic hygienic drinking water services and basic access to information In general, the Vietnamese legal system on basic social services is quite complete, covering all basic social services There is currently no unified document for all basic social services and each basic social service is regulated in a separate law (with the exception of the basic hygienic drinking water services, which is still regulated in by-law documents) These documents stipulate that basic social services are universally accessible, equal and without discrimination The content of each basic social service is regulated differently The state directly provides or allows others to provide basic social services Investment finance for basic social services mainly comes from the state budget along with socialized capital, investment in the form of public-private partnerships, capital mobilized from the private sector Besides some regulations are reasonable and feasible, some others are shortcomings and unclear, causing difficulties in practical implementation Recommendations to improve the law and the effectiveness of implementing on basic social services is of utmost importance It ensures people have access to full basic social services, aiming to perfect the national social security system in accordance with world views Recommendations to improve the law and improve the effectiveness of implementing the law on basic social services need to focus on certain set-out requirements The proposed solutions mainly aim to ensure that all people are met their basic and essential needs to survive and improve their quality of life