HO CHI MINH NATIONAL ACADEMY OF POLITICS NGUYEN THI THUC IMPROVING THE LAW ON THE ORGANIZATION AND OPERATION OF THE GOVERNMENT TO MEET THE REQUIREMENTS OF MODERN NATIONAL GOVERNANCE IN V
Trang 2HO CHI MINH NATIONAL ACADEMY OF POLITICS
NGUYEN THI THUC
IMPROVING THE LAW ON THE ORGANIZATION AND OPERATION OF THE GOVERNMENT TO MEET THE REQUIREMENTS OF MODERN NATIONAL
GOVERNANCE IN VIETNAM
SUMMARY OF DOCTORAL THESIS
MAJOR: THEORY AND HISTORY OF STATE AND
LAW Code: 9 38 01 06
HA NOI - 2024
Trang 3This thesis is completed at the
Ho Chi Minh National Academy of Politics
Supervisors: 1 Associate Professor Dr Truong Ho
Hai
2 Dr Chu Thi Thuy Hang Reviewer 1:
Reviewer 2:
Reviewer 3:
The thesis will be defended in front of the Thesis Committee at Academy level, at the Ho Chi Minh National Academy of Politics At…… hour…… date …… month …… year……
The thesis can be found at the National Library
and the Library of Ho Chi Minh National Academy of
Politics
Trang 4INTRODUCTION
1 The necessity of the topic
The 13th National Congress of the Communist Party of Vietnam has identified the renewal of state governance as one of the central and breakthrough tasks, clearly reflecting a movement from state management to state governance, which marks a new milestone in the Party and State's thinking on managing social development
Among the entities implementing state governance, the Government plays an important role With its position as a state administrative agency, exercising executive power, the Government has a relationship with other state agencies in implementing the mechanism of division of labor, coordination, and control among state agencies in the state power structure and the relationship with other social institutions such as social organizations, enterprises, and people Through this function of the Government, the tasks and goals of the state are realized, as this is the direct power to build and formulate national policies and organize the implementation of national policies With the function of being the highest state administrative agency, managing all aspects of social life in terms of state administration, therefore, when performing its tasks and powers, the Government will affect all individual and organizational subjects in society, the entire political system
With its important position, nature, and functions in state governance and social governance, the organization and operation of the Government is out of the scope of legal regulation, specifically the Constitution, the Law on Government Organization and related legal documents The law on the organization and operation of the Government meeting the requirements of modern national governance initially reflects the rule of law, the requirement of transparency, establishes a legal framework for accountability; gradually ensures the participation of people and social organizations in government governance to meets the requirements of timeliness, effectiveness, and efficiency These requirements are manifested through the regulation that the Government exercises executive power, which has affirmed the position of the Government in relation to the agencies in the state apparatus; regulations on the Government's organizational structure have been adjusted in the direction of streamlining, gradually overcoming cumbersome, overlapping, ineffective and inefficient operations and integrating functions; the Government's operating methods have been effectively promoted through Government
Trang 5meetings and the activities of Government members have timely and effectively adjusted the relationships arising in economic and social life; the clarification of duties and powers has enhanced the proactivity and flexibility in the direction and management of the Government and the Prime Minister
Despite the achievements, the law on the organization and operation of the Government reveals some limitations such as: unclear positioning, functions, duties, and powers between the Government and other state agencies; the relationship between the Government and other state power institutions lacks specificity; regulations on organizational structure are complicated for Government operation, there are still many focal points, and it is not truly streamlined, which is also a reason for reducing the Government's operational efficiency; unclear delegation, decentralization, and authorization also impact to the definition of functions, duties, and powers in the internal relationship and the relationship with other state agencies, the work within the competence of each agency, each level in the internal state relationship These limitations have caused a significant impact on the organization and operation of the Government in the context of the initial stage of the state governance model transformation in Vietnam This impact the improvement of government governance to meet the requirements of modern national governance
Based on the above analyses, the need to improve the law on the organization and operation of the Government to meet the requirements of modern national governance is highly necessary as it will directly impact the building of a professional, accountable, transparent, efficient, and people-oriented public administration Therefore, the research topic "Improving the law on the organization and operation of the Government to meet the requirements of modern national governance in Vietnam" is both fundamental and urgent, meeting the demands of theory and practice, contributing to enhance the role of the Government in building and perfecting the socialist rule
of law state and international integration This doctoral thesis in law aims to comprehensively and systematically clarify the contents related
to the chosen topic
2 Objectives and tasks of the research
2.1 Research objectives
The overall objective of this thesis is to provide a scientific basis for a set of solutions to further improve the law on the organization and
Trang 6operation of the Government to meet the requirements of modern national governance
2.2 Research tasks
Firstly, to provide an overview of domestic and foreign research
on the dissertation's topic; to assess the resolved issues that the dissertation can base on and to determine the research open points that the dissertation will further explore and refine
Secondly, to systematize and clarify the underlying theoretical issues of the law on the Government's organization and operation, as well as the concepts, requirements, criteria, and factors influencing the improvement of the law on the Government's organization and operation to meet the demands of modern national governance
Thirdly, to evaluate the current state of law regarding the organization and operation of the Government in accordance with the requirements of modern national governance in Vietnam, in order to affirm the advancements and strengths to be promoted, while identifying the limitations and underlying causes
Fourthly, to determine the perspective on continuing to improve the law on the organization and operation of the Government in the context of modern national governance Based on this, to recommend solutions for continuing to improve the law on the organization and operation of the Government in accordance with the requirements of modern national governance in Vietnam
3 Subjects and scope of research
3.1 Research subjects
- The theory of modern national governance and the role of the Government in modern national governance; The criteria for evaluating the level of legal completion regarding the organization and operation of the Government to meet the requirements of modern national governance
The history of the development of the law on the organization and operation of the Vietnamese Government
- The current state of law on the organization and operation of the Government in accordance with the criteria of modern national governance in Vietnam to propose a set of solutions to improve the law
on the organization and operation of the Government to meet the requirements of modern national governance in Vietnam today
3.2 Research scope
- In term of the content:
Trang 7To study the law on the organization and operation of the Government, which are manifested through fundamental normative groups: position, function; duties, powers; organizational structure, and methods of operation of the Government
The criteria for improving the law on organization and operation
of Government primarily focus on requirements of modern national governance, including: the rule of law, transparency, accountability, public participation, timeliness, effectiveness, and efficiency Other criteria such as consistency, coherence, and legislative technique are integrated into the core criteria to ensure a reasonable length and in-depth content of thesis
- In term of space: The study on the law on the organization and operation of the Government according to the criteria of modern national governance, linked with public administration in Vietnam today
- In term of time: Since the 2013 Constitution was promulgated However, the thesis will focus on analyzing and evaluating the current state of law on the organization and operation of the Government since the promulgation of the 2013 Constitution, especially from the 13th National Party Congress onwards (this is the time when the first Party document of the Communist Party of Vietnam officially recognized the concept of modern national governance)
4 Methodology and research methods
4.1 Methodology
To ensure the scientific and political nature of the research results, the thesis is based on the methodology of dialectical and historical materialism on the state and law; the Party's viewpoint and Ho Chi Minh's thought on the state and law
4.2 Research methods
Based on the theoretical foundation, the thesis is conducted on the basis of combining the following specific scientific research methods: analysis and synthesis; system structuring; comparative law; statistics; history; and document analysis
5 New contributions of the thesis
Firstly, the thesis systematizes scientific perspectives on modern national governance and the role of the Government in modern national governance Based on that, the thesis defines the concept and criteria for improving the law on the organization and operation of the Vietnamese Government; identifies and argues about the factors affecting the improving of the law on the organization and operation of
Trang 8the Government to meet the requirements of modern national governance
Secondly, the thesis provides a full and comprehensive description of the development process of the law on the organization and operation of the Vietnamese Government, and assesses the current state of the law on the organization and operation of the Government according to criteria that meet the requirements of modern national governance
Thirdly, the thesis identifies the guiding viewpoints and proposes
a set of comprehensive and feasible solutions to improve the law on the organization and operation of the Vietnamese Government to meet the requirements of modern national governance in Vietnam today
6 Theoretical and practical significance of the thesis
6.1 Theoretical significance of the thesis
This thesis is a direct and comprehensive research on the issue of improving the law on the organization and operation of the Government to meet the requirements of modern national governance with the aim of providing scientific arguments and theoretical as well
as practical viewpoints and solutions to improve the law on the organization and operation of the Government The research results of the thesis will contribute to supplementing and improving the legal theory on the organization and operation of the Government
6.2 Practical significance of the thesis
-The research results of the thesis can be used as a reference material for research, teaching, and learning activities related to the law on the organization and operation of the Government - one of the contents of legal science at training institutions and specialized training
in Law and related fields
The study results of the thesis can be used for the development and promulgation of laws on the organization and operation of the Government in accordance with the criteria for modern national governance modernization as defined in the 13th National Party Congress
7 Structure of the thesis
In addition to the Introduction, Conclusion, List of scientific works related to the dissertation topic published by the author, Appendix, List of references, the thesis consists of four chapters: Chapter 1 Literature review of the researches related to the thesis topic and the arising issues need to further study
Trang 9Chapter 2 Theoretical background of improving the law on the organization and operation of the Government to meet the requirements of modern national governance
Chapter 3 Historical development and current status of the law on the organization and operation of the Government to meet the requirements of modern national governance in Vietnam
Chapter 4 Perspectives and solutions for further improving the law on the organization and operation of the Government to meet the requirements of modern national governance in Vietnam
1.1.1 Domestic researches
The research situation related to the topic is summarized according to the structure, starting from the research on the theoretical basis, the current situation and solutions related to improving the law
on organization and operation to meet the requirements of modern national governance Notably, there are in-depth theoretical studies on the law of the Government by authors Pham Hong Thai, Nguyen Dang Dung, Dao Tri Uc, Vo Khanh Vinh, Le Minh Thong, Luong Thanh Cuong, Tao Thi Quyen ; Outstanding research on modern national governance by authors Vu Cong Giao, Nguyen Ba Chien, Nguyen Hoang Anh, Truong Ho Hai, Nguyen Van Quan, Doan Van Dung Besides, there are studies by authors Nguyen Phuoc Tho, Dinh Dung Si that provide an assessment of the current state of law in some contents on organizational structure; tasks, powers of the Government
1.1.2 International researches
The research works related to the theoretical basis, the current situation of the organization and operation of the Government in the state; modern national governance and law, improving the law on the organization and operation of the Government according to the requirements of modern national governance of foreign authors Recently, the works of authors Asaduzzaman, Mohammed & Virtanen, Petri; in National Regional, and Global Governance: One Phenomenon
or Many; Elke Krahmann, Global Governance Vol 9, No 3 The prominent view of the authors affirms that for effective state
Trang 10governance, a strong state sector with sufficient capacity to create institutions for development is necessary The impact of modern national governance on the organization and operation of the state has changed the functions of the Government, leading to the renewal and improvement of institutions and laws on the tasks and powers of the Government
1.2 OVERALL EVALUATION OF RESEARCH RESULTS RELATED TO THE THESIS AND ARISING ISSUES NEED TO FURTHER STUDY
1.2.1 Overall assessment of research results related to the topic
In terms of the theoretical basis, the research results related to the thesis topic have opened up, provided information, and scientific documents for reference and inheritance in the process of implementing the thesis topic and the contents that are still being debated It can be said that this is a valuable source of documents for the thesis to inherit and continue in-depth research on some contents related to the theoretical aspect, the scientific basis of the thesis
In terms of practical aspects, research works on improving the law
on the organization and operation of the Government have mentioned different research perspectives on the current situation of the organization and operation of the Government Besides, many evaluation results, sociological surveys of state agencies, international organizations bring reference value with related data and surveys for the topic
Về đề xuất hoàn thiện pháp luật, một số ý tưởng trong các công trình nghiên cứu trên đã được kế thừa, nghiên cứu bổ sung hoàn thiện
để đưa vào nội dung của luận án
Regarding the proposal for legal improvement, some ideas in the research works have been inherited, supplemented, and improved to be included in the content of the thesis
1.2.2 The problems that the thesis further study
1 In terms of clarifying the theoretical basis, the thesis systematically and comprehensively generalizes the theoretical problems of law and the improvement of the law on the organization and operation of the Government to meet the requirements of state governance in Vietnam today
2 In terms of the legal situation, based on the established criteria for legal improving, the thesis deeply and comprehensively assesses the strengths and weaknesses of the law on the organization and
Trang 11operation of the Government in meeting the requirements of state governance
3 Regarding the proposed solutions, among all the published works to date, no study has comprehensively and deeply presented viewpoints and comprehensive solutions to improve the law on the Government to meet the requirements of modern national governance
To overcome this research gap, the thesis has presented viewpoints, proposed comprehensive, in-depth, feasible, and applicable solutions to improve the law on the organization and operation of the Government today according to the criteria of modern national governance to promote the Government's position in exercising executive power, operating strongly, dynamically, effectively ensuring the rule of law, transparency, accountability, the participation of subjects in state management, timeliness, effectiveness, and efficiency on the basis of the principle of unity of power organization Besides that, improving the law on operation, tasks, and powers must be consistent with the improvement of the law on organizational structure to ensure the establishment of the necessary institutions for the Government to have
a lean, dynamic, effective, and efficient operating apparatus
THEORETICAL FOUNDATION
1.3.1 Assumptions
The legal framework governing the organization and operation of the Vietnamese Government has traditionally been characterized by a command-and-control approach to governance Since the Doi Moi reforms of 1986, Vietnam has gradually incorporated principles of modern governance into its legal system, leading to significant changes
in the organization and operation of the government However, to fully meet the demands of modern governance and international integration, further reforms are needed to enhance the rule of law, transparency, accountability, public participation, and the overall efficiency and effectiveness of government operations
Trang 122 To what extent has the current law on the organization and operation of the Government met the requirements of modern national governance?
3 What are the solutions to improve the law on the organization and operation of the Vietnamese Government to meet the requirements
of modern national governance?
1.3.3 Theoretical Foundation
The research employs theories of Marxist-Leninist state and law, the rule of law, rights, sociology of law, comparative law, and good governance
Combining theoretical foundations, the thesis is structured as follows:
Summary of chapter 1 Overview of the research situation related to the topic according
to groups of issues from the theoretical foundation research work, current situation and solutions related to improving the law on organization and operation to meet the requirements of modern national governance.Through the overview, the author affirms that the new approach to modern national governance is a major trend, affecting the improving of the legal basis on the organization and operation of the state apparatus in general and the organization and operation of the Government in particular Researching the works shows that there is currently no work or thesis that comprehensively and fully researches the content of improving the law on organization and operation of the Government to meet the requirements of modern
(8) Perspective for further improving the law on organization and operation
of the government to meet the requirements of modern state governance
(5) Historical development
of law on organization and operation of the
government (2) Concept, characteristics and
principles of modern state governance
and the government's role in modern
state governance
(1) The concept, characteristics, roles,
content of the law on the organization
and operation of the government
(3) Concept, evaluation criteria level
of completion and influencing factors
of law completion on government
organization and operation according
to the requirement of modern
governance
(4) The law on government
organization and operation of several
countries according to the
requirements of modern governance
and reference values for Vietnam
(6) Current Status of law on organization and operation
of the government to meet the requirements of modern state governance
(7) Assessment of the legal situation on organization and operation of government in accordance with the requirements of modern state governance
(9) Solution for further improving the law on organization and operation
of the government to meet the requirements of modern state governance
Trang 13national governance in Vietnam This is an independent topic and does not overlap with the published works In addition to inheriting the content from the research works related to the topic, the author has identified research gaps that need to continue to focus on clarifying in the thesis
CHAPTER 2 THEORETICAL BACKGROUND OF IMPROVING THE LAW ON THE ORGANIZATION AND OPERATION OF THE GOVERNMENT TO MEET THE REQUIREMENTS OF MODERN NATIONAL GOVERNANCE 2.1 THE CONCEPT, CHARACTERISTICS, ROLE, AND CONTENT OF THE LAW ON THE ORGANIZATION AND OPERATION OF THE GOVERNMENT
2.1.1 The concept, characteristics of the law on the organization and operation of the government
Firstly, the concept of the Government
From the perspective of power and state organization, government
is understood as an institution that holds one branch of power to execute the laws of a nation, regardless of whether it is called a government, cabinet, council of ministers, federal council, or other similar terms The specific organization and operation of a government will depend on the form of government of each country
Secondly, the concept of the law on government organization and operation The law on government organization and operation is a system of legal norms enacted by the state to regulate social relations arising from the organization and operation of the government, including its position, functions, duties, powers, organizational structure, and modes of operation
Thirdly, the characteristics of the law on the organization and operation of the government consists of:
Firstly, the law on government organization and operation possesses the general characteristics of law
Secondly, the law on government organization and operation regulates social relations arising from the organization and operation of the government
Thirdly, the law on government organization and operation is a branch of law governing the central state organization and interacts
Trang 14with other institutions, based on the power structure of the state organization
Fourthly, the law on government organization and operation stipulates the government's operations in accordance with the requirements of modern national governance and must be compatible with the government's function and legal status as a relatively independent branch of power
Fifthly, the content of the law on government organization and operation is reflected in legal documents, including important legal documents at the constitutional level, specialized laws such as the Law
on Government Organization, and related laws
2.1.2 The role of the law on government organization and operation
The law on government organization and operation, in meeting the requirements of modern governance, plays crucial roles as follows: (i) legal foundation for the organization and operation of the government, defining the government's powers and responsibilities (ii) It encourages citizens and social groups to participate in government activities, a crucial requirement of modern governance (iii) It is one of the primary tools for the government to organize and manage all aspects of society
(iv) It is a tool for controlling power through the regulation and organization of the exercise of state power
2.1.3 The law on government organization and operation
The law on government organization and operation covers the following areas:
The groups of legal norms related to the government can be categorized as follows:
(i) The group of legal norms governing the position and functions of the Government
(ii) The group of legal norms governing the organizational structure of the Government
(iii) The group of legal norms governing the duties and powers