Problem statement
“After all, Wall Street is clearly the most powerful lobbying force on Capitol Hill From 1998 through 2008, the financial sector spent over $5 billion in lobbying and campaign contributions to deregulate Wall Street.”
“Lobbying is not a bad thing I’m not trying to say that we shouldn’t have lobbyists or we shouldn’t have lobbying to petition our government It’s in the Constitution, and it’s something that should be honourable and good ”
Both quotes clearly affirm the position and the role of lobbying which affect a country’s public policy In fact, from 1998 through 2008, lobbying took place in the
US, typically, at that time, the financial sector spent over five billion dollars in lobbying and campaign contributions to deregulate Wall Street or according to Jack Abramoff (lobbyists and businessman) lobbying is not a bad thing and it should be regulated in the Constitution, only when it appeared in the Constitution did the lobbying activity is legal Lobbying is quite popular in many countries around the world Lobbying is named after the place where this activity first took place in history, the corridor of the British Parliament During recess, members of Parliament often exchange with colleagues or anyone to supplement information about the matter being discussed or decided in Parliament Lobbying has been going on since time immemorial, and there is certainly a case for saying that lobbying is one of the world’s oldest professions Whenever an individual, or group of individuals, wields power over society, there will be other individuals or groups of individuals who will have
1 Bernie Sanders, byname of Bernard Sanders, (born September 8, 1941, Brooklyn, New York, U.S.),
American politician who was first elected to represent Vermont in the U.S Senate in 2006 and took office the following year Previously he served (1981–89) as the mayor of Burlington, Vermont, and as a member of the U.S House of Representatives (1991–2007) Formally unaffiliated with any political party, he sought the Democratic nomination in the U.S presidential elections of 2016 and 2020, https://www.britannica.com/biography/Bernie-Sanders, 23/11/2022
2 Jack Abramoff (born February 28, 1958) is an American former lobbyist and businessman Convicted in
2006 of mail fraud and conspiracy, he was at the heart of an extensive corruption investigation that led to the conviction of White House officials J Steven Griles and David Safavian, U.S Representative Bob Ney, and nine other lobbyists and Congressional aides He served three years, six months of a six-year sentence in federal prison before being released early to a Baltimore halfway house on June 8, 2010, https://www.jewage.org/wiki/en/Article:Jack_Abramoff_-_Biography, 23/11/2022 tried to persuade them to exercise that power in a particular way Lobbying is both natural and inevitable The forums of both Greece and Rome were frequented by ancient lobbyists, who would seek to influence both senators and plebs for or against the issues of the day The courts of Kings and Princes were thronged with courtiers, and those courtiers were the lobbyists of their day If the barons had not lobbied King John, he would not have signed the Magna Carta at Runnymede, and democracy in Britain might have evolved very differently 3
Vietnam is one of the few socialist republics in the world, persistently following the path of socialism under the guiding light of Marxism-Leninism and Ho Chi Minh’s thought The advantage and disadvantage of Vietnam is the one-party system - only one Communist Party of Vietnam runs the country Therefore, opposing opinions are often difficult to accept, especially specific interest groups that are not associated with the majority In a democratic and rule-of-law society, specifically in Vietnam lobbying is a relatively new concept, some people believe that lobbying in Vietnam does not work as well as it does in other countries because the Communist Party is the sole ruling party in Vietnam 4 , most policy decisions are proposed by the Party, the National Assembly, which has nearly 96% of Communist Party members 5 , is the place to institutionalize the Party’s policy decisions Although not officially recognized legally, is in fact very active, with many different nuances and expressions The terms “lobbying” are not officially mentioned in legal documents in Vietnam, other expressions of this concept in legal and policy documents such as
“participation of the people”, “recommendation”, “discussion”, and “suggestion” have been used quite frequently in a number of specific statutes All Party documents are oriented toward the spirit of “All Party lines and undertakings, policies and laws of the State must derive from the legitimate aspirations, rights, and interests of the people” and “improving the quality, promoting the role and participation of the
3 Lionel Zetter (2008) , Lobbying The Art of Political Persuasion, Harriman House Ltd, p 6
4 Trần Mai Hùng (2016), “Vận động hành lang trong hoạch định chính sách”, Political Theory Electronic
Journal, http://lyluanchinhtri.vn/home/index.php/dien-dan/item/1302-van-dong-hanh-lang-trong-hoach-dinh- chinh-sach.html, accessed on 28/01/2023
5 https://tuoitre.vn/gan-96-dai-bieu-quoc-hoi-la-dang-vien-1114792.htm accessed on15/08/2023 people in formulating, promulgating, and organizing the implementation of the Party’s undertakings, policies, and laws of the State.” 6
Lobbying is objective, stemming from the pursuit and realization of interests by actors in society, which are inherent in the relationship system of authorization and representation between the people and the state Therefore, lobbying has an important position and role in the following aspects: Firstly, lobbying is a way for actors in social life to realize the benefits of me; Secondly, is a channel to express the views, values , and interests of stakeholders related to decisions or public policies and; Thirdly, providing and supplementing information from many different angles to state agencies, contributing to overcoming information asymmetry, improving efficiency and social welfare of public policies; Fourthly, contribute to social criticism and supervision of the public policy process However, since lobbying is a way for actors in socio-political life to realize their interests, if this activity is not regulated and well-governed, it will also lead to the risk of harming people and the interests of other subjects as well as of society Such losses may come from manipulation or distortion of policies for entities with strong influence on the state and political officials; increasing transaction costs of subjects in social life; loss of development opportunities from the rational use of national resources At a more serious level, it can lead to other consequences in socio-political life such as bribery, and corruption; increasing social inequality, reducing the legitimacy of the state, and causing conflicts of interest and division in society
According to the author, whether you like it or not, whether you accept it or not, lobbying has been and continues to be a part of Vietnam’s socioeconomic life Instead of focusing on the bad aspects of lobbying in order to eradicate them, we should create a clear legal framework for lobbying that limits and eliminates the harmful consequences of this activity Therefore, the author chooses this topic: Law on Lobbying in the World and Lessons for Vietnam.
Literature review
Domestic research materials
- Nguyễn Thị Hồng Chương (2010), Vận động hành lang trong hoạt động lập pháp của Quốc hội (Nghị viện) một số nước trên thế giới, Master thesis,
Law Falcuty - Hanoi National University
- Phạm Thị Hoa (2017), Vận động chính sách công ở Anh, Pháp, Mỹ và những gợi mở đối với Việt Nam, Doctoral thesis, Ho Chi Minh Political Academy
- Đặng Minh Tuấn (2022), Vai trò của pháp luật về vận động hành lang trong phòng chống tham nhũng, Legal Studies Journal, http://lapphap.vn/Pages/TinTuc/211065/Vai-tro-cua-phap-luat-ve-van-dong-hanh- lang-trong-phong chong-tham-nhung.html
- Chu Hồng Thanh (2022), Nhận thức pháp lý về vận động hành lang,
Vietnam Lawyer Journal, https://lsvn.vn/nhan-thuc-phap-ly-ve-van-dong-hanh- lang1648577532.html
- Trung tâm nghiên cứu Ấn Độ (2022), Một vài kỹ thuật vận động hành lang tại phương Tây và kinh nghiệm cho Việt Nam, http://cis.org.vn/article/5265/mot- vai-ky-thuat-van-dong-hanh-lang-tai-phuong-tay-va-kinh-nghiem-cho-viet- nam.html
- Nguyễn Vĩnh Hằng (2016), Vận động hành lang (Lobbying), International Studies, https://nghiencuuquocte.org/2016/10/08/van-dong-hanh-lang- lobbying/
- Nguyễn Minh Phong, Nguyễn Trần Văn Trí (2016), Hiệp hội doanh nghiệp với việc vận động chính sách vì mục tiêu phát triển bền vững, Legal Studies
- Võ Khánh Vinh (2003), Lợi ích xã hội và pháp luật, People’s Public
Securities Forces Publishing, Ha Noi
- Võ Khánh Vinh (2020), Chính sách pháp luật: Những vấn đề lý luận và thực tiễn, National Political Publishing, Ha Noi
- Đào Trí Úc - Vũ Công Giao (2015), Vận động chính sách công: Lý luận và thực tiễn, Labour Publishing
- Nguyễn Đăng Dung (2015), Sự hạn chế quyền lực nhà nước, Hanoi
Foreign research materials
- Lionel Zetter (2008), Lobbying: the Art of Political Persuasion,
- Heike Kluver (2013), Lobbying in the European Union: Interest groups, lobbying coalitions, and policy change, Oxford University Press
- Frank R Baumgartner (2009), Lobbying and Policy change - Who wins,
Who loses, and Why, The University of Chicago Press
- Anthony J Nownes (2006), Total Lobbying: What Lobbyists Want (and
How They Try to Get It), Cambridge University Press
- Sebastian Koehler (2019), Lobbying, Political Uncertainty, and Policy
- Scott Kenedy (2006), The Business of Lobbying in China, Havard
- Tim Peckinpaugh (2009), A Guide to Political and Lobbying Activities, K&L Gates
- Stefanie Weil (2017), Lobbying and Foreign Interests in Chinese
- Teachout Z (2014), The Forgotten Law of Lobbying, Election Law
- Burson Marsteller (2013), A Guide to effective lobbying in Europe, The View of Policymakers, https://www.transparency.cz/wp-content/uploads/Lobbying- in-Europe.pdf
- Rinus van Schendelen (2002), Machiavelli in Brussels The Art of Lobbying the EU, Second Edition Rinus van Schendelen, Amsterdam University
- Alberto Bitonti, Phil Harris (2017) Lobbying in Europe Public Affairs and the Lobbying Industry in 28 EU Countries, Palgrave Macmillan
The above literature provides the author with a solid theoretical basis to learn about the definition of lobbying, and scientific articles that show the current status of lobbying in Vietnam A number of scientific works provide views on lobbying in the world, the duality of lobbying, works by foreign authors provide the author with the reality of lobbying in the world world, the history of lobbying, the legal framework, the provisions of the laws of the countries in the face of lobbying.
Research objectives
Lobbying, a pivotal concept in governing, necessitates clear regulations to prevent negative outcomes By analyzing global lobbying laws and comparing them to Vietnam's current framework, insights can be gained to guide the development of effective regulations The study of laws from countries with established lobbying practices provides a valuable foundation for assessing Vietnam's legislative gaps and informing the formulation of comprehensive regulations that legalize and control this activity.
Research scope
The research investigates perspectives on lobbying, analyzes interest groups, and examines lobbying regulations in various countries It reviews the current state of lobbying in Vietnam to identify areas for improvement and optimization The study examines the lobbying laws of the United States of America, European Union, Canada, and Germany due to their extensive history in this field, with the aim of gleaning insights for the development of effective lobbying practices in Vietnam.
Research Methodology
Methods of studying the theory of jurisprudence
The jurisprudence research method is a research method, in terms of research objects, there are two basic groups of subjects, legal regulations and theories of law Regarding research techniques, the main techniques are analysis, commentary and interpretation of the provisions of the law In terms of scope, this method studies the inside of the legal system, not the law from the outside
With this method, the research team will analyze, explain and comment on the provisions of the law on lobbying, the views of scholars on the definition of lobbying and interest groups.
Methods of synthesizing information
In the study of the provisions inside the legal system on lobbying, in parallel, the authors also need to link other sources such as articles, scientific journals, theses
With the collection of more information related to the reality of lobbying, the authors can easily access the current situation of lobbying in Vietnam
The final step of the research process is to conduct an assessment of the problem being studied With this method, the research team needs to re-sequencing the links to come up with solutions in line with social reality.
Research framework
Apart from the introduction, conclusion, and list of references For the topic
“Lobbying in the World and Lessons For Vietnam”, the author deploys according to the layout of 3 chapters:
Chapter 1: OVERVIEW OF LOBBYING Chapter 2: LAW ON LOBBYING IN THE WORLD Chapter 3: THE CURRENT FRAMEWORK AND PRACTICE OF LOBBYING AND LESSONS LEARNED FOR VIETNAM
OVERVIEW OF LOBBYING
Definition of Lobbying and Its History
To understand the nature of lobbying, it is significant at this early stage to try to define lobbying Up to the present time, a majority of definitions of lobbying are put forth by legal scholars, legal researchers, and lawyers, None of these definitions has ever been agreed upon The author would like to analyze the definition of lobbying under 3 aspects: Legal scholars’ aspect, lobbyist aspect, and law regulation aspect
Pursuant to the dictionaries, in common, lobby or lobbying is defined as follows: Lobby is a waiting room outside Parliament 7 or lobbying is (1) to talk with or curry favour with a legislator, usually repeatedly or frequently, in an attempt to influence the legislator’s vote (2) to support or oppose (a measure) by working to influence a legislator’s vote (3) to try to influence (a decision-maker) 8
The legal scholar has defined lobbying as follows: “Lobbying is the process of seeking to influence government and its institutions by informing the public policy agenda It is also, of course, the art of political persuasion.” 9 In representative democracies, lobbying is one of the most basic political actions It is essential in the development and implementation of public policy Despite, or maybe because of this, lobbying is extremely contentious The public's impassioned arguments sometimes function on shaky footing, with little or circumstantial proof 10 Lobbying is systematic efforts to reach, persuade, or influence the decision-making process of the legislative, executive, or other competent individuals in the apparatus to indicate
7 Nguyễn Thế Kỳ, Phạm Quốc Toản, Lương Hữu Định (1991), Legal Dictionary English - Vietnamese, Social Sciences Publishing House, p 238
8 Bryan A Garner (2010), Black’s Law Dictionary, WEST, 9th edition, p 1023; Bryan A Garner (1995), A dictionary of modern legal usage, 2nd edition, p 536
10 Sebastian Koehler (2019), Lobbying, Political Uncertainty and Policy Outcomes, Palgrave Macmillan, p.1 whether they support or oppose a certain policy, law, program, initiative, or problem for the benefit of the community, interest groups, or individuals 11
To put it simply, lobbying is persuading the campaigner to issue a policy according to the will of the campaigner The issue to have campaigned can be a bill or simply to require MPs to be in more frequent contact with a certain group of constituencies In general, lobbying is giving the opinion of an interest group to a State policy and influencing to change that policy according to the interest group’s needs
Lobbying, as an accepted and legal process, allows the voices of citizen groups, associations, labour unions, corporations, and others to be heard in the political arena Lobbyists break down complicated issues and present the most pertinent information to legislators, staff members, or committees in short documents or quick one-on-one exchanges These activities add to the extensive research and evidence that usually accompanies proposed legislation Increasingly, lawmakers rely on lobbyists for information 12
Lobbying involves organized interest groups, which are communities formed to influence government agencies or officials to advance their interests These interest groups, also known as advocacy or pressure groups, consist of individuals and organizations sharing a common goal and using propaganda to promote it Lobbyists, who often belong to these groups, are parliament members, government officials, or skilled attorneys who have access to decision-makers and can exert influence on policy outcomes.
11 Đặng Minh Tuấn, Khái quát về vận động hành lang, pháp luật về vận động hành lang, Conference
Proceedings - Law on lobbying in the world and experience for Vietnam, Hanoi National University - Law Faculty, p 11
12 Kati Tusinski Berg (2007), A description of Lobbying as Advocacy Public Relations, Marquette
University, Proceedings 2007 International Public Relations Research Conference, p 563
13 Võ Khánh Vinh (2021), Vận động hành lang: Nhìn từ chính sách pháp luật, Procuracy Science Journal,
14 Nguyễn Ngọc Tương (2020), Nhận diện “lợi ích nhóm”, “nhóm lợi ích” và biện pháp phòng chống, People’s Army Newspaper, https://www.qdnd.vn/phong-chong-tu-dien-bien-tu-chuyen-hoa/nhan-dien-loi- ich-nhom-nhom-loi-ich-va-bien-phap-phong-chong-624853, accessed on 15/08/2023 high-ranking government officials, has political ties, and can use his or her reputation to influence policy-making
Associate, Professor Đặng Minh Tuấn defines lobbying are systematic activities aimed at approaching, persuading, and influencing the decision-making process of the legislative, executive, or other competent officials in the state apparatus so that they support or disapprove of a policy, bill, program, plan or issue for the benefit of the community, interest groups or individuals 15 According to Associate Professor Chu Hồng Thanh defines lobbying as the persuasive activity of people or representatives of the majority to influence the purposes, guidelines, policies, or decisions of state agencies, direct legislators Lobbying is done by people, groups, associations, and organized groups, including private sector individuals, companies, legislators or government officials, or groups campaigning to influence policy interests Lobbying is the act of influencing the activities, policies, or decisions of government officials, usually legislators or members of regulatory bodies 16
According to Article 1 of the Lobbying Transparency and Ethics Act of Québec, lobbying is a legitimate means of access to parliamentary, government, and municipal institutions It is in the p that it be able to know who is attempting to influence such institutions 17 Virginia law defines lobbying as (1) influencing or attempting to influence executive or legislative action through oral or written communication with an executive or legislative official, or (2) solicitation of others to influence an executive or legislative official 18
The definition of lobbying in Washington’s law is similar to Virginia’s once,
“lobby” and “lobbying” each mean attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency
16 Chu Hồng Thanh (2020), Nhận thức pháp lý về vận động hành lang, Conference Proceedings - Law on lobbying in the world and experience for Vietnam, Hanoi National University - Law Faculty, p 47
17 Québec Lobbying Transparency and Ethics Act, https://www.legisquebec.gouv.qc.ca/en/document/cs/T- 11.011, 14/02/2023
18 Code of Virginia, https://law.lis.virginia.gov/vacode/title2.2/chapter4/section2.2-419/, accessed on 14/02/2023 under the state administrative procedure act 19 Pursuant to Article 3 term 3 of the Lobbying Disclosure Act, the term “lobbying activities” means lobbying contacts and efforts in support of such contacts, including preparation and planning activities, research and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the lobbying activities of others
However, some describe lobbying as utilizing the power of money to persuade Congress (National Assembly) or state agencies to act in the direction of promoting the private interests of capitalists
From the above analysis, according to the author, lobbying is systematic activity aimed at accessing and persuading the legislative or executive decision- making process, representatives in elected bodies and other competent persons in the state apparatus to support or oppose a policy or law in the interest of the public, interest groups, an individual, or a nomination or appointment of a person to an important position in the state apparatus
Lobbying is frequently associated with the phrase interest groups; hence, first of all, we have to clarify what interests are and what interest groups are The term
“interest” is not simply any value but rather “arises from the conjunction between some private value held by a political actor – public officials, or groups them as well as private sector operatives – and some authoritative action or proposed action by the government” 20 The idea is used to demonstrate an individual’s or a group’s interest in the changing of some economic variable Domestic producers, for example, are interested in protectionist trade policy (the deployment of protectionist measures against imports by the government) Interest is a key term in Marxist political economy, however, it is only used in economics to refer to groups of individuals who have common interests 21
The term interest groups is also essential, partly because lobbyists, by definition, represent organized interests when they lobby According to Anthony J
19 1995 Lobbying Disclosure Act, https://app.leg.wa.gov/rcw/default.aspx?citeB.17A.005
20 Salisbury, R H (1994), Interest Structures and Policy Domains: A Focus for Research Representing
Interests and Interest Group Representation, University Press of America, p 12–20
21 Nguyễn Văn Ngọc (2006), Từ điển Kinh tế học, National Economics University
Nownes, define interest groups as an organization that engages in political activity – that is, activity designed to affect what the government does According to Thomas
History of the development of lobbying in the world
Lobbying, a centuries-old practice, involves attempts by individuals or groups to influence decision-makers in shaping societal outcomes This phenomenon has existed throughout history, as individuals with influence have consistently faced efforts to persuade them into wielding their power in specific ways.
Lobbying is a normal and unavoidable part of life Ancient lobbyists attended the forums of both Greece and Rome, seeking to sway both senators and plebs for or
26 Allern, E H., & Bale, T (2011), Political parties and interest groups Party Politics, 18 (1), p 10-11
Thomas T Holyoke (2014) emphasizes the influence of courtiers, serving as the lobbyists of their time, in shaping historical events Courtiers had significant sway over kings and princes, as evident in the pressure exerted on King John by barons that ultimately led to the signing of the Magna Carta This incident serves as a pivotal example of the impact that courtiers could have on shaping the course of British democracy.
Lobbying draws its name from the lobbies or halls of Parliament where Members of Parliament and peers mingle before and after discussions in the Commons and Lords chambers 29 The Parliament of the United Kingdom is organized into two “Chambers” or “Houses” that is the House of Commons is a representative body for the people, its members are directly elected by the people and the House of Lords is the body representing the interests of the lords, so it is difficult for the majority of the people to access them Since 1376, the Commons has chosen one of their members to speak for them to transmit their opinions to the monarch and lords 30 Every new legislative Bill must be approved by all three Houses of Parliament - the Commons, the Lords, and the Crown - before it can become statute law or an Act of Parliament The law permits MPs to leave the conference room to chat with one other or with anybody else to supplement information It also allows citizens to be present in the Parliament building hallways to give their ideas and recommendations to their representatives As a result, voters or their representatives frequently come to this corridor to meet and voice their opinions to offer information and persuade MPs to vote for or against issues, policies, or bills that will or are being discussed in Parliament Following that, the term “lobbying” was born in that context
Others claim that lobbying was born in the Uinted States 31 Lobbying in Washington had matured to the point that it was the forerunner of today’s business by the eighteenth century Senators and Representatives were not only entertained by lobbyists but also well-informed and counter-briefed on current problems Contacts were made, speeches were written, and training was provided for people who would testify before Congressional committees At the turn of the twentieth century, the United States Congress allowed citizens to contact artists who had lobbied them for
29 BBC, “Lobbying”, http://news.bbc.co.uk/2/hi/uk_news/politics/82529.stm, accessed on16/02/2023
30 Moyra Grant (2009), The UK Parliament - Politics study guides, Edinburgh University Press, p 2
In the late 19th century, the rise of freedom of speech rights under the First Amendment empowered "special interest groups" to engage in lobbying activities Technological advancements like radio and telegraph facilitated grassroots advocacy, enabling the lobbying sector to expand its reach This practice gained acceptance due to its influence on public opinion and policy considerations.
In other countries, the profession of lobbying is also recognized, for example, in the Republic of Germany the 2021 Lobbying Register Act provides: representatives of interest groups have the right to go to parliament, have the necessary contact and may be invited to participate in the discussions of the committee’s of Congress However, these interest groups must register with the president of the Federal Assembly stating the reason for their operation, the structure of the group, and the names of the leaders and representatives 32 Wherever the term originated, lobbying is an objective fact that cannot be denied
Through analysis of the development history of lobbying, we can conclude that lobbying objectively appears in political life, it is developing and travelling with the political system of a country.
The objectivity of lobbying
In a democratic and rule-of-law society, lobbying activities are objective, stemming from the work of actors in society pursuing and realizing their interests, which are already in the relationship of authorization and representation between the people and the state
In a representative democracy, the people and society authorize the state to make and execute political decisions on their behalf based on the interests of the owner who is the people However, a lot of research has shown problems in the proxy- agent relationship it is the information asymmetry between the principal and the agent: this stems from the very simple fact that the people directly working, the
32 2021 Lobbying Register Act, Section 1; 2, https://www.bundestag.de/resource/blob/870452/41e5c2f593b16c960d86c0041a377862/Gesetz-EN-neu- data.pdf, accessed on14/02/2023 insiders always have more information and better information than non-doers and bystanders This information asymmetry leads to an underrepresentation of the desired results; The second problem is that divergent interests can arise between the principal and the agent, allowing the agent to pursue interests that are different from those of the principal and against the principal’s purposes The third problem, even if the representatives are for the people and the smartest, they still have certain limitations in properly assessing the diverse needs of people from all walks of life due to constraints on the approach of awareness, budget, time and conditions to express the needs and interests of the people 33
To bridge the gap between the owner and the representative to protect and achieve their best interests, people need to connect, contact, and persuade representatives in decision-making and politics books are natural In other words, based on calculating the costs and benefits derived from changes in the law or policy project, individuals, groups and organizations in society will decide to participate or not to participate in this activity The more beneficial the activity, the higher the motivation and level of participation
Looking at the history of formation and development, also shows that lobbying does not come subjectively, but it appears in a democratic state objectively, lobbying emerges from the activities of political organizations and subjects in socio-political life always aim to pursue and realize certain goals, interests and values.
Distinguish between lobbying and policy advocacy
All lobbying is advocacy, but not all advocacy is lobbying 34 The main difference between lobbying and advocacy is that lobbying indicates an opinion about specific legislative change Government funding is strictly prohibited from being used for lobbying 35 Some people believe that lobbying and policy advocacy are the
33 Trịnh Thị Xuyến (2021), Vị trí, vai trò của Vận động hành lang trong xã hội dân chủ và pháp quyền, Conference Proceedings - Law on lobbying in the world and experience for Vietnam, Hanoi National
34 https://www.preventcoalition.org/wp-content/uploads/Advocacy-vs-Lobbying-1-28-14-final.pdf, accessed on 23/07/2023
35 Brennah Ross, Ciara Nestor, Brittany Gay, & Taylor Scott (2021), Advocacy vs Lobbying: What’s the
Difference? Understanding Regulations for Researchers and Nonprofits, Research to Policy Collaboration, https://039d290d-c9ad-460b-94b3- feb237f4db53.filesusr.com/ugd/0ec3eb_e78b8b6316e7443db64c6c05932b6402.pdf, accessed on 24/07/2023 same thing However, under the common law system, these two notions are articulated by two distinct terms: Lobby (lobbying) and Policy Advocacy (policy advocacy) Even among these conceptions, however, there is no common points 36
For this purpose, lobbying affects the competent agencies or individuals to get benefits that are suitable for them, while policy advocacy is an effort to propagate a social issue that needs to be changed in the legislative process
Advocacy is the process through which stakeholders make their voices heard on local, state, and national issues that influence their lives and the lives of others It also entails assisting policymakers in identifying particular answers to chronic problems Most NGOs can and do participate in as much lobbying as they can to achieve their objectives Lobbying, on the other hand, entails efforts that are either in favour of or opposed to a specific piece of legislation that has been submitted While organizations are permitted to participate in certain lobbying 37
For example, advocacy can be: Telling your legislators how a state or federal grant your organization received has helped your members; Educating a legislator about the effects of a policy on your constituency; Inviting a legislator to visit your organization so that he/she may see firsthand how federal or state funding or policy affects day-to-day operations and the difference it makes; Communicating with a legislative body regarding matters that might affect the existence of the organization, its powers and duties, its tax-exempt status, or the deduction of contributions to the organization While, lobbying can be: Asking your legislators to vote for or against, or amend, introduced legislation.
Lobbying’s position and its role in a democratic society
1.5.1 The position of lobbying in a democratic society
Lobbying guarantees the government is productive Without lobbyists, the government has a difficult time resolving differences of opinion when it comes to meeting the demands of its population
36 Phạm Thị Hoa (2017), Vận động chính sách công ở Anh, Pháp, Mỹ và kinh nghiệm cho Việt Nam,
Doctoral Thesis, Ho Chi Minh National Academy of Politics
37 https://www.coloradokids.org/wp-content/uploads/2016/03/2016-Lobbying-v-Advocacy.pdf, accessed on 24/07/2023
Scholars of competitive elitism as Marx Webber, Floyd Hunter and C Wright Mills, when mentioning the position of lobbying in a democratic society, they do not appreciate this activity as well as the role of the people and their organizations in political activities Because of the process of rationalization, it is the new ladder of the division of labour that is the foundation of modern complex social life, giving rise to many conflicts from diverse interests People identify their place and function in political institutions as a result of the rationalisation process The rationalisation process also highlights the need for professionalism and expertise That is, to separate politics from technocracy, to see politics as a vocation, and to reject the concept that the state would eventually fade away According to Weber, specialisation will result in a technocratic elite specialised in administrative administration that is not elected by the people, and it exists not only in the state’s public service sector but in all organisations, including political parties To achieve their aims and values, these parties must win elections, and to do so, they must have competent administrative machinery as staff 38
Politics, therefore, becomes a profession, and politicians must be schooled to have knowledge, competence, skills, and the capacity to attract and convince the public, as well as mobilise resources According to Weber, the state, on the other hand, is not of the class and was created not only to exploit but also to control, coordinate activities, and address common issues of all classes As a result, he rejected the concept that, as human society develops, the state will eventually dissolve; on the contrary, the more society grows, the greater the function of the state
Together with the evolution of society, the political system model has undergone significant modifications, most notably the shift in the function of parliament
Before, the parliament was the sole institution with the power of drafting laws; but, in partisan politics, parties played a critical role The argument summarises this shift: Parliament is dominated by parties, and parties are dominated by professional politicians Consequently, the rationalisation (rationalisation) of social activities has
38 Lê Thị Thu Mai (2016), Hai cách nhìn về dân chủ hoá ở phương Tây, Electronic Political Theory Journal, http://lyluanchinhtri.vn/home/index.php/quoc-te/item/1495-hai-cach-nhin-ve-dan-chu-hoa-o-phuongtay-hien- dai.html, acccess on 27/02/2023 led to a contradiction that is the creation of “the dictatorship by the people” But, legislative institutions are still required to foster debate and openness and transparency in governance
According to Max Weber, societal development leads to complex interest ties and the need for political groups, which aspire to become representative organizations Representative democracy emerges as a necessity for progress, but Weber recognized that it often represents the interests of elite groups rather than the people it claims to serve.
On the contrary, a scholar of pluralism, Robert Dahl emphasizes the position and participation of organizations and associations in negotiating and interacting with each other and with the state in public policy 39 According to pluralism, power is not structured according to a hierarchy, but is an “endless negotiation process” between numerous groups representing different interests Policy and political outcomes are always the consequence of the process of harmonizing and adjusting areas of interest The overall direction of public policy results from various influences from interest groups on the government, with no single group having absolute influence
Therefore, in society, there is always the existence of many power centres Similar to Madison’s position, pluralism posits that the fundamental goal of the state is to preserve the freedom of factions to pursue their political interests while preventing one faction from doing so This faction undermines the freedom of other factions Unlike Madison, however, pluralism argues that factions are not a threat to democracy, but a structure for stability, and a central expression of democracy For the pluralists, competing groups are the basis for democratic equilibrium, for the formation of public policy
If competitive electoral systems are characterized by the diversity of groups, Dahl argues, democratic rights can be protected, avoiding political inequality
39 Kenneth Godwin, Scotth Ainsworth, Erik Godwin (2013), Lobbying and policymaking, the public pursuit of private interest, Sage, p 27, 28, 29
Dahl's analysis highlights that power is shared and nurtured by various societal groups, not concentrated in a single entity In democratic theory, citizens exert significant control over leaders through periodic elections and competition between diverse interest groups This mechanism prevents a "dictatorship of the majority" since elections represent the voices of multiple competing groups, not a fixed majority This ensures that power is not cumulative but rather shared and contested among different societal actors.
Dahl has always emphasized competition among interest groups that will shape policy and define the democratic nature of a regime As a condition for the successful functioning of democracy, constitutional principles are many “less important” than “unconstitutional” principles and democratic practice
In the structure of society and political system, the operation of the political system is governed and affected by factors of the social environment Accordingly, the output of the political system is the decisions and policies of the state that depend not only on the operational ability of the political system itself but also on the inputs of the political system In this way, lobbying has a meaningful connection and interaction position between the political system and the social environment Lobbying is the feedback channel of the social environment, the voice of the people, and an essential basis for the adjustment, adaptation, and response of the political system to the needs, requirements, and development of the political system The development of society is also important
Lobbying is a democratic activity that is directly tied to popular principles such as free speech and the ability to petition the government Individuals, groups, and organisations can use it to voice their demands and interests about governmental choices and to take action to accomplish those goals As a result, lobbying can improve decision-making quality by offering avenues for feedback on technical and professional concerns to legislators and important decision-makers
1.5.2 Role of lobbying in a democratic society
Firstly, lobbying is a legitimate part of a democratic institution, a channel for subjects in social life to realize their legitimate interests
Countries support and defend the pursuit of interests and enrichment for individuals and society Interests are regarded as genuine when they serve their own needs without compromising the needs of others or society Individuals, groups, and businesses can pursue their interests by influencing the state and adopting laws and policies to govern legal restrictions or policies that benefit themselves without damaging the interests of others or the common interests of society According to this notion, lobbying is also a channel for social subjects to participate to fulfil their own goals without jeopardising the interests of others or societal welfare Lobbying is a route for subjects to communicate their ideas, beliefs, and interests about official choices and policies; via this expression, the state may better understand the government’s requirements Understanding people and society to make timely and correct choices and policies that react to people’s goals, and boost production efficiency, and social welfare, just as manufacturers must grasp only the market signals may successfully engage in the market In the most basic definition of democracy, democracy in society is at least the manifestation of society’s genuine demands and interests, the foundation for assuring the logic and practicability of the people’s policies The state delivers the public goods and services that the people require, rather than the state’s preferences and intentions
The right of the people to petition the government is codified in England’s Magna Carta charter 1215, many treaties about American colonial territory, and the United States Declaration of Independence 40 As well as in post-revolutionary American federal and state constitutions, including the Bill of Rights This is the foundation for people’s lobbying to be acknowledged and expanded, particularly in the United States and the European Union, as a valid and legal component of a democratic institution, regardless of whether it is made by individual citizens or by affinity groupings 41
40 Sen Carl Levin (2005), History of the Lobbying Disclosure Act
41 Uỷ ban Châu Âu, Sáng kiến minh bạch châu Âu, Brussels
Citizens’ engagement in politics in general, and decision-making in particular, is one of the trademarks of conventional political dynamics in the United States In truth, lobbying in the United States has been and continues to be a political, legal, and social concern that has a significant influence on the United States Congress and the United States government at all levels of the legislative process and moulding domestic and international policy The existence of lobbying operations at all levels of the policy-making process illustrates not just the self-interest of lobbying groups, but also the genuine demands of the government policy musicians Because lobbying is also a reflection, monitoring, control, and balancing of interest groups and the people to public agencies in connection to the National Assembly and the government
Secondly, the good aspect of lobbying is that it allows for the increase of the informational and organizational basis in relation to choices to be made In certain ways, lobbying provides for the updating of topical lists of social claims that require legislative control, as well as drawing the legislator’s attention to existing issues Its primary beneficial impact on the legislative process is that lobbying promotes openness of the provided process, transparency for societal control, and publicity 42 providing and supplementing information from various approaches, perspectives and values, overcoming information asymmetry, improving the effectiveness and social welfare of public policies, and contributing to social criticism and supervision association for the public policy process It means that, as a result of lobbying, the public receives complete, understandable, and timely information on parliamentary events related to considering a specific legislative draft; procedural rules governing work on a specific legislative draft performed by state agencies and formation procedures, composition, and activities of working groups Lobbying helps to bore down attempts to obstruct or reject truly important legislation solutions aimed at satisfying publicly significant legislative interests, and reduces the likelihood of adopting arbitrary legislation solutions It also adds to social and political anonymity
42 Ruslan Yurievich Magomedov (2015), Lobbying in legislative proceedings: negative and positive aspects, Law and Modern States, No 01, p 48