Reasons for selection the research topic Currently under the provisions of the Constitution 2013, Vietnam is Socialist is a socialist rule-of-law state the Article 2; the urban administ
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AND TRAINING AFFAIRS
NATIONAL ACADEMY OF PUBLIC ADMINISTRATION
NGUYEN THI VAN ANH
THE EXECUTION OF STATE POWER OF
THE URBAN DISTRICT PEOPLE’S COUNCIL
OF CITIES UNDER THE CENTRAL PRESENT
Specialization: Public Management Code: 9 34 04 03
SUMMARY OF THE DOCTORAL DISSERTATION
HA NOI - 2024
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The doctoral dissertation was completed at
NATIONAL ACADEMY OF PUBLIC ADMINISTRATION
SUPERVISORS:
Assoc.Prof.Dr NGUYEN NGOC DAO
Dr LAI ĐUC VUONG
Reviewer 1 : ………
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Reviewer 2 : ………
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Reviewer 3 : ………
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The doctoral dissertation is defended before the Academy-Level Doctoral Dissertation Evaluation Council Location: Room for Doctoral Dissertation Defense Building ,
National Academy of Public Administration No 77 - Nguyen Chi Thanh Street - Dong Da District - Hanoi City
Time: At On (day) (month), 2024
The doctoral dissertation can be found at the Library of the National Academy of Public Administration, or on the website of the Department of the Degree Training Management of the National Academy of Public Administration Or at the National Library of Vietnam
Trang 3INTRODUCTION
1 Reasons for selection the research topic
Currently under the provisions of the Constitution 2013, Vietnam is Socialist is a socialist rule-of-law state (the Article 2); the urban administration have organized into three levels, with the intermediate level being the urban district administration and the urban district administrative unit only existing in the city under the Central (Article 110); the local administration have organized in all of the administrative units, the local administration level includes the people’s Council and the people Committee, in accordance with the characteristics of rural, urban, island, special administrative economic units areas prescribed by law (Article 111) The people’s Council is a democratic representative institution in the structure of the local administration that recognized in the Constitution of the socialist countries, such as Vietnam, China, the People’s Republc of Korea, and Cuba In Vietnam, the people’s Council, under the provision of the Article
113, “is a local state power agency, representing the will, aspirations, and mastery of the people,
elected by the local people” In which, the urban district people’s Council is a specific type of
democratic representative institution of the people’s Council in the urban administration, with the same legal position and role as well as basic characteristics as the people’s Council Under the provisions of the Article 46 of the Law on Organization of the local administration 2015 stipulated that the structure of the urban district people’s Council includes Standing Committee
of the urban district people’s Council, the Department of the people’s Council (the Economic Department, and the Legal Department), the people’s Council Delegation Teams, and the people’s Council delegates The execution of state power of the urban district people’s Council through two functions of decision-making and supervision, with authority, tasks and powers following the regulation in the Law on Organization of the local administration, and the Law on supervisory Operations are in effect Vietnam has five cities under the Central currently: Hai Phong City, Ha Noi City, Da Nang City, Ho Chi Minh City, and Can Tho City; the sum of urban district people’s Council in these cities by Dcember 2020 was 49 units, and is 24 units currently
Socio-In present period of compresensive development of our country, the effective carrying out organization of state power in the urban administration to create momentum to promote socio-economic growth, and improve lives of the urban people is posing a number of urgent issues
Firstly, the execution of state power of the urban district people’s Council, beside execution of
functions, tasks and powers under the provisions of law, in each city under the Central have also
to ensure the effective execution of specifics machenisms and polities for the development of the
Trang 4city Such as, the Capital Law in Ha Noi City, Resolution No 35/2021/QH15, November 13th
2021 in Hai Phong City, Resolution No 54/2017/QH14 dated November 24th 2017 and Resolution No 98/2023/QH15 June dated 6th 2023 in Ho Chi Minh City, Resolution No 119/2020/QH14 dated January 24th 2019 in Da Nang City, and Resolution No 45/2022/QH15 dated January 11th 2022 in Can Tho City Secondly, in recent research on innovation of the urban
administration, there have been many proposals about for building the admistation model in one
of three forms: the one-level urban administration model, the two-level urban administration model, and the three-level urban administration model Nevertheless, it is still impossible to
confirm which model with the administration execution state governance is appropriate Thirdly,
in the past 15 years, the urban administration has had some changed in its organization under policies of Party and State, and at the same time, the development movement rule of social life
has also some issues for the organization progress and operation of the local administration The
first, in organization form, the urban district people’s Council has undergone three changes: (1)
Piloting non-organized the people’ Concil of 32 urban districts in Hai Phong City, Da Nang City,
and Ho Chi Minh City (from April 2009 to May 2016) (2) Organizating the urban district
people’s Council in all of 5 - city under the Central (Tenure 2011-2016) (3) Non-organzed the people’s Council of 22 urban districts in Da Nang City and Ho Chi Minh City to pilot the urban
administration model (from July 2021 to present) Regarding with actual situation of the execution of state power of the urban district people’s Council, and piloting of non-organated the urban district people’s Council, through researching of the tenure Summarizing (2011-2016), in two-city under the Central, shows that beside achieved results, there also are some limitation and
shortcoming In the places application the urban district government level model (with the
urban district people’s Council) as Ha Noi City, the execution of state power of the urban district people’s Council has still a number of long-standing backlog issueses related to own real estate (own lands and houses), there are even lawsuits a long time; management of construction order
- land, management of urban order is not guaranteed, and there are even violations … That actual situation is due to one of part of limitations and shortcomings in all of aspects of the organization and operation of the urban district people’s Council, such as execution of the two-function of decision-making and supervision; organizational structure; meeting to the voters (rate of throughout resolving to the opinions and petitions of voters); citizen reception activity (urging the settlement citizen’s complaints, denunciations); coordination in handing, checking and supervising of the settlement citizen’s complaints, denunciations; some condictions to ensure the operation of the urban district people’s Council (providing information, and performance polities for delegates, organizing the apparatus, and assistance employees, facilities and budget) In Hai Phong City, one of three-city has implemented the pilot non-organized the urban district
people’s Council and ward, beside some positive factors, such as initially creating differences
Trang 5in the model of administrative organization between urban areas and rural, between inner city areas and suburban of city under the Central; the socio-economic development situation in the urban districts were not affected; defense-security, social order and safety were maintained; people’s lives stable; social welfare was maintained; some non-administrative expenses in the
urban district agencies and wards were saved … There have also been some issuesses realated
democracy and ensuring the execution of state power of the urban district people through the form of representative democracy in the urban district under the provision of the law; execution state management in the urban district, the settlement citizen’s complaints, denunciations and voters of the urban district agencies in the condition of lacking a mechanism to supervise of state power at the same level … Therefore, there was a proposal to organize the elected administration
at all level of the city administration under the Central So that, whether or not to organize the
urban district people’s Council is still under consideration The second, the appropriately operation of actual institution (The Election Law 2015, The Law on Organizational local administration Law 2015, The Amendments and supplements Law 2019, The Operative Supervision Law 2015) to ensure the execution of state power of the urban district people’s
Council in practice, from 2016 to present, has not been systematically evaluated Fourthly, the
policy of innovating the organization and operation of the administration from the grassroots level, under the provisions of the Resolution No.76/NQ-CP dated Junly 15th 2021 on Promulgating the Overal Program for State Administraive Reform for the (2021-2030) period,
has not been systematically evaluated the summarizing of phase 1 (until 2025) Fifthly, the
impact of digital government on the execution of state power in the urban administration is an
objective necessity, now Sixthly, one of the current policies on continuing to build and perfect
the new stage of the socialist state ruled- by-law of Vietnam of the People, by the People, and for the People of our Party, under the Resolution No 27-NQ/TW dated November 9th 2022 of the Party Central Committee, is to perfect the organization of the local administration in accordance with urban, rural, mountainous, island areas, and special administrative-economic units; reduce the level of the administration suitable for a number of localities; building a model
of the local administration governance suitable for each locality, associated with the requirements
of local developing, and economic zones; building a administrative state serving the People, professional, rule-of-law, modern, powerful, effective …; especially regarding with on building the political system, under the leadership of General Secretary To Lam current, one of the
issuesses that needs to be focus on is “perfecting the institution on the organization and
operation of agencies in the political system, associated with the spirit of promoting decentralization, delegation of power with motto “locality decides, locality does, locality is responsible”
Trang 6Facing such practical requirement, from the existing limitations that need to be approached, reviewed, evaluated from a scientific perspective on state power and the execution of state power of the people’s Council at the immediate level in cities under the Central In particular, according to the Party’s XIII tenure guidelines and General Secretary
To Lam current on building the political system, the research and evaluation of the execution
of state power of the urban district level in general cities, in cities under the Central in
particular, become more and more urgent Therefore, the topic: “The execution of state
power of the urban district people’s Council in cities under the Central today” was selected
for research as a PhD dissertation in the Public Management
2 Research purpose and tasks of dissertation
2.1 Research purpose of dissertation
Proposing viewpoints and solutions to ensure the execution of state power of the urban district people’s Council in Vietnam today, to meet requirement of socio-economic development of Vietnam in the current period
2.2 Reseach tasks of dissertation
- Overview tasks: Approach, evaluation, analysis, and propose scientific solutions on the execution of state power of the urban district people’s Council in Vietnam today
- Specifict tasks: Firtly, systematize the results of foreign and domestic research works
related to the dissertation topic; thereby, identify the issues of inheritance and development,
new research issues with sciencific hypotheses and research questions Secondly, form a system of theoretical foundations on the execution of state power of the urban district people’s Council from two core issues, which are state power and the representative agency
of the People’s power, to determine specific contents such as concepts, characteristics, roles, principles, contents, methods, external and internal conditions to ensure the execution of
state power of the urban district people’s Council Thirdly, form a system of practical
foundation for the execution of state power of the urban district people’s Council in Vietnam through two topics: Brief history of the formation and completion of the institutions of the people’s Councils at all levels in cities under the Central; assessment of the actual status of the execution of state power of the urban district people’s Council in Vietnam in the current
period Fouthly, giving viewpoint and suggesting solutions to ensure the execution of state
power of the urban district people’s Council in Vietnam today
3 Research object and scope of dissertation
3.1 Research object of dissertation
Trang 7Theoritical, institutional, and practical issues on the execution of state power of the urban district people’s Council in five-city under the Central in Vietnam
3.2 Research scope of dissertation
The scope of the dissertation research on both theoretical and practical aspects of the issues of state power of representative democratic institutions, at the urban administration intermediate level of Vietnam, those issues are very broad in space and time Within the framework of this dissertation, the research scope is limited to focus on the basic contents below:
- The scope of content: Researching on the result of the execution of state power of the
urban district people’s Council, through two-function of decision-making and supervision, along with the execution method, implemented by an organization structure, guaranteed by number of basic conditions to carry out that power; including research through typical examples of the results of the execution of the urban district people’s Council resolutions which have implemented by the urban district people’s Committee
- Time scope: From 1945 to present In which, from 1945 to 2013: when researching
the process of building and perfecting the institutions of organizing the people’s Council at
all levels in city under the Central From 2015 to present: when studying current institutions and practices of the execution of state power of the urban district people’ Council From
July, 2021 to August, 2023: when studying and reffering to initial results of the pilot
execution of the urban administration model in two-city under the Central
- The spatial scope: The contents of the topic is reviewed and evaluated in 49 urban
district, in five-city under the Central In which, a survey of opinions of urban districts people’s Council delegates for the tenure (2016-2021) was conducted in 17 urban districts: 04/12 urban districts in Hanoi City; 03/07 urban district in Haiphong City; 05/19 urban districts in Ho Chi Minh City; 03/05 urban districts in Can Tho City; and 02/06 urban districts in Da Nang City Thus, spatial scope of dissertation is to study the urban
administration model from two to three levels
4 Research hypothesis and questions of dissertation
4.1 Research hypothesis of dissertation
Scientific hypothesis 1: It is essential to perfect the institution to ensure the execution of
state power of the urban district people’s Council Scientific hypothesis 2: It is essential to perfect
practical operations to ensure the execution of state power of the urban district people’s Council
4.2 Research questions of dissertation
Trang 8Research question 1: What is the theoretical basis for the execution of state power
of the urban district people’s Council? Research question 2: What results have been achieved
in the execution of state power of the urban district people’s Council in the past, and what are the limitations and shortcomings, or problems? In other word, what is the current situation of the execution of state power of the urban district people’s Council, from actual situation in terms of institution, implementation process, and guarantee conditions?
Research question 3: How should the execution of state power of the urban district people’s
Council be guaranteed for effective state management in the local urban to meet the requirement of building a socialist rule-of-law state of the People, by the People, for the People, in the trend of increasingly deep international intergration, the strong impact of the fourth industrial revolution, along with the urbanization process taking place on a large scale and at the rapid pace in Vietnam today?
5 Research methodology and methods
5.1 Research methodology
The topic of the dissertation is developed on the basis of the methodology of Lenist philosophy, such as dialectical materialism and historical materialism, along with pairs of philosophical categories Ho Chi Minh’s thought, and the viewpoint of the Party and State of Vietnam on the principles of the execution of state power, building a socialist rule-of-law state of the People, by the People, for the People, and innovating the organization of the state apparatus At the same, the research is also besed on the theories of the state, the rule-of-law state, democracy in social life and national governance
Maxist-5.2 Research methods
In the research, the topic used both qualitative and quantitative methods, along with
some basic research methods below: Document reseaqrch method and inheriting published
results, used throughout all chapters of the dissertation Statistical and historical methods
are used in chapter 3 Synthesis method: used in all chapters of the dissertation Analytical
method: used in chapter 1, chapter 2, and chapter 3 Comparative method: used mainly in
chapter 3 Descriptive method: applied in all chapters Case study method: used in chapter
2, and chapter 3 Expert interview method through the survey form for usein chapter 3 (actual situation), and chapter 4 (solutions) Additionally, the dissertation also used some results of sociological surveys of some state agencies and localities
6 Expecting for new contributions of the dissertation
It is expected that there will some outstanding contributions below: Firstly, clarifying
Trang 9the theoretical framework for the execution of state power of the urban district people’s Council, including a new perspective (concept) on power, state power, the execution of state power, execution of state power at the local level, and the execution of state power of the urban district people’s Council; systematizing the characteristics, roles, principles, contents, execution methos, external and internal conditions to ensure the execution of state power of
the urban district people’s Council Secondly, propose groups of solutions on both
institutional and practical aspects, contributing to furthermore perfecting the execution of state power of the urban district people’s Council in Vietnam
7 Theoretical and practical significance of the dissertation
The research result of the dissertation wil provide a theoretical framework for the basic issues of the execution of state power of the elected agencies at the immediate level of the regional urban Based on the assessment of the actual situation, reference between theory and practice, thereby proposing a system of feasible solutions to strengthen the execution of state power of the urban district people’s Council in Vietnam today; at the same time, contributing practical experience for reform process of the administrative in our country The dissertation can be a useful reference source contributing to the consolidation of the repretentative democratic institution in our country, meeting the requirement of good state governance, ensuring the widespread promotion socialist democracy, enhancing the practicipation of the people in the process of state manangement at the local level under the policies of the Party and the State After successfully defending the dissertation, it can be used as a reference material for research, teaching, and learning in training institutions in the sphere of the public management; training and fostering the elected representatives
8 Dissertation structure
In addition to the introduction, conclusion, list of references, and appendix, the structure of the dissertation including 4 chapters, and 12 sections
Chapter 1: Overview of the research on the dissertation topic
Chapter 2: Theoretical basis for the execution of state power of the urban district people’s Council
Chapter 3: The reality execution of state power of the urban district people’s Council
in Vietnam
Chapter 4: Viewpoints and solutions ensuring the execution of state power of the
urban district people’s Council in Vietnam today
Trang 10Chapter 1 OVERVIEW OF THE RESEARCH ON THE DISSERTATION TOPIC
1.1 Research works are reviewed
1.1.1 Group of research works of the execution of state power
1.1.2 Group of research works of the regional administration and the urban administration
1.1.3 Group of research works of the execution of state power of the regional administration
1.1.4 Group of research works of the people’s Council and the urban district people’s Council
1.2 Comments on the research works reviewd
Nhận xét về công trình nghiên cứu được tổng quan
1.2.1 The issues clarified
- First, research results on the execution of state power: The foreign research works
have generlized, analyzed, and explained to the basic issues on the execution of state power
in both theoretical and practical aspects, such as concepts, origins, nature, principles, organizational structure of the execution of state power, as well as the operation of the political system, and the sate system and control of state power in number of countries; thereby finding appropriate solutions to effectively organize to the execution of state power
in the new trend Domestic research works, research issues are considered mainly under the
provisons of Vietnam law; all of propose solutions to meet the requirements of building a socialist rule-of-law state of Vietnam of the People, by the People, and for the People
Second, research results on the local administration and the urban administration: Regarding with the local administration in other countries: Research works have
generalized the organizationa way of the local administration operation through models in accordance with two principles of organizing the execution of state power, namely neo-authority and centralization, applied in the regional administration and the urban
administration (major cities) in number of countries around the world In term of the local
administration and the urban administration in Vietnam: Research works have generalized,
analyzed, and explained the process of formation and development of the Vietnam urban
Trang 11administration through legal documents from 1945 to present; on proposals, some viewpoints and solutions to innovate the local administration and the urban administration
to meet practical requirement, focusing mainly on innovation of organizational models; in which, the organizational model of the urban administration in cities under the Central has two different viewpoints: what is it like at the city for district and ward, and how is organized
in the suburbs; and in summary, there are four selections
Third, research results on the execution of state power of the regional administration:
Foreign research works have studied the effect factors to build the regional administration, and argue that it is necessary to perfect institutions and autonomy mechanisms for cities in the process of building the local administration For the execution of state power in Vietnam: the works focusing on study on the local administration at the province, city under the Central level
Fourth, the research results on the people’s Council and the urban district people’s Council: Foreign research works have mentioned actual status of organization and
operations of the local Council in the social history and tasks, power of the state power agencies at the local stipulated by law in the current socialist state in some countries around the world In Vietnam, the research on the people’s Council of the district level only mentions it when considering innovation in the model of the local administration organization; innovation the model of the district administration organization has the viewpoint: the district people’s Council institution should only exist as an advisory and
supervisory structure for the administrative apparatus; in addition, the research summarizing
the pilot of non-organized for the district - urban district - ward people’s Council, from September, 2004 to May, 2016, were posing a number of issues that need to be considered
1.2.2 Unresearched and unresolved issues
Namely concept, role, characteristics, principles, content, and methods as well as external and internal conditions to ensure for the execution of state power of the urban district people’s Council Issues is posed in the execution of state power of the urban district people’s Council; legal regulations on the people’s Council at all level at the Vietnam urban administration from the perspective of the public management science
There has been any in-depth doctoral-level work, the major public management, on the execution of state power of the urban district people’s Council in Vietnam in both theory and practice
1.2.3 Inheritable results
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Namely theory of state power, basic contents under the principle of “state power belongs to the People” such as: concept, structure of state power, role of each power part with their characteristics in the principle of “the state power is unified, assigned, coordinated, and controlled by each other in the apparatus”, especially, the practice of executive power
in Vietnam; how the model of the organizational state power under two principles of concentration and decentralization of power; contents on the local administration, the urban administration, such as: concept, history of formation process of the local administration, the urban administration; basic characteristics, …, diverse ways of the organizational local administration, especially, contents with distinction between the urban administration, the rural administration; organization of two-level urban administration, three-level rural administration …These are very useful theoretical contents when studying the theoretical basis of the execution of state power of the urban district people’s Council in chapter 2
1.2.3.2 In term of practical aspect
The limitation and shortcoming in organizational model, organizational structure, practicl activities in implementing duties and powers under the decentralization and delegation of power to the two structures of the people’s Council and the people’s Committee of the local administration, the urban administration; especially, the limitations and shortcomings in the organization and operation of the urban district people’s Council, along with issues is posed through the pilot of non-organized the district- urban district-ward people’s Council in Vietnam in recent period It is essential to study and build approciate solutions in chapter 4 of the dissertation
1.3 Dissertation issues need research
1.3.1 Regarding with theoretical aspect
Firstly, clarify some factors related to the concept of the execution of state power of
the urban district people’s Council, such as: the concept of power, state power; especially the concept of the execution of state power, the execution of state power at the local, in order
to clearly understand what execution of state power of the urban district people’s Council is
Secondly, highlight the roles, characteristics of the urban district people’s Council in the sate
power apparatus Thirdly, clearly define the principles, contents, and methods of the execution of state power of the urban district people’s Council Fourthly, point out the
external and internal condition ensuring the execution of state power of the urban district people’s Council
Trang 131.3.2 In term of pratical aspect
Firtly, studying the history of formation and perfection of the state power of the urban
district people’s Council through institutions, from 1945 to 2013; synthesizing the results of the pilot execution of the urban administration model in Vietnam, from July, 2021 to August, 2023
Secondly, synthesizing the actual results of performing functions, along with the implementation
methods, and organizational structure of the urban district people’s Council; reviewing the results
of the execution of the urban district people’s Council resolutions under the provisions of current
law implemented by the urban district people’s Committee Thirdly, studying, evaluating of the
actual implementation of the state power contents, implementing methods, and the organizational structure of the urban district people’s Council; thereby clearly define cause of the achievement results, as well as limitations and shortcoming on both objective and subjective
aspects Fourthly, based on studying theoritical and practical of the posed issues of the execution
of state power of the urban district people’s Council, refering initial results of the urban administration model pilot implementation in Vietnam in recent time, form of viewpoints and propose some solutions to ensure the execution of state power of the urban district people’s Council in Vietnam today
With all of the dissertation issues need research mentioned above show that, the selecteddissertation topic does not overlap with any scientific work published in both domestical and international
Conclusion of chapter 1
Regarding with the execution of state power: the organization of the execution of state power, the vertical structure of the state apparatus, the organization of the execution of sate power in the local administration in accordance with the specific characteristics of each country by foreign authors has had a number of research works in works, books, reference books, articles and dissertations In Vietnam, the organization, implementation, and control
of the execution of sate power, the organization of the local administration, the procincal level administration, the city level administration under the Central under the provison of the law have had many research works in books, reference books, scientistic articles, and
dissertation studied works In term of the issues of studying: Foreign research works,
although referring to the local administration, the urban administration, in general, despite
of there have been articles mentioning the duties and power of the elected agencies in socialist state, there has been no work on the execution of state power of the urban district
people’s Council in Vietnam Domestic research works, have focused on research, most of