Public participation in the management of local government in vietnam

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Public participation in the management of local government in vietnam

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PUBLIC PARTICIPATION IN THE MANAGEMENT OF LOCAL GOVERNMENT IN VIETNAM: A CASE STUDY OF PUBLIC PARTICIPATION IN THE PROCESS OF MAKING PROVINCIAL LAWS IN DONG NAI PROVINCE By TUAN QUANG PHAN A thesis submitted in fulfillment of the requirements for the degree of Professional Doctorate in Legal Science University of Canberra February 2015 i ABSTRACT Public participation in the process of making laws is an essential element of ―participatory democracy‖—the right of people to participate in political processes and also to ensure the effectiveness of local government regulations at the stage of implementation Public participation has been conducted effectively in a number of developed countries around the world However, it is only at an incipient stage in Vietnam This research investigates and evaluates the level and effectiveness of public participation in the process of making laws in Dong Nai Province, Vietnam, in light of practice and theory in overseas jurisdictions It also aims to make recommendations for improvement in Dong Nai Province based on the findings of the research In order to carry out these tasks, a combination of documentary and empirical research will be employed The documentary research will help to analyse and evaluate case studies in public participation The empirical research will entail qualitative and quantitative methods such as interviews and questionnaires to analyse and evaluate engagement, satisfaction, and effectiveness of public participation in provincial law-making The results of the research reveal that the level and effectiveness of public participation in the process of making provincial laws in Vietnam is still poor and its approach to public participation in lawmaking is in danger of becoming perfunctory if it does not start facilitating a positive cycle toward public participation The conclusion can also be drawn that if Vietnam learns from overseas examples to instigate a positive cycle in the process of soliciting public participation, it has significant potential to employ public participation to genuinely enhance the quality of local governance and the rule of law, and the effectiveness of local laws ii iv v ACKNOWLEDGEMENTS The milestones in this research have been achieved with intellectual contributions, kind assistance and magnificent support from a number of persons and institutions First and foremost, I must acknowledge my primary supervisor Dr Trevor Ryan, for his academic guidance, enthusiasm and invaluable support which has had great significance for my research All his support has been useful for me to complete this research on time I would like to thank my other supervisors: Dr Don Fleming and Prof Lawrence Pratchett, for their valuable comments and suggestions I wish to acknowledge the support of Dong Nai Department of Justice I am also greatly grateful to Mr Phan Van Chau and Dr Truong Dac Linh, who facilitated and supported my pursuit of overseas study I am thankful to all participants who gave their precious time to complete questionnaires and responded to my list of questions during interviews This research would not have been possible without their assistance and generous time commitment I also give special thanks to my colleagues and friends, Pham Nguyen Huy Hoang, To Dinh Tinh, Do Thi Anh Dao, Nguyen Thi Hong Phuoc who readily provided me with useful support to complete the research I would like to thank Project 165 and the Vietnamese Government, which provided the financial support for me to complete the research and achieve the degree of Professional Doctorate in Legal Sciences Finally, I cannot find words to express my thanks to my family members The successful completion of my study would not have been possible without their support vi vii TABLE OF CONTENTS ABSTRACT i CERTIFICATE OF AUTHORSHIP OF THESIS iii ACKNOWLEDGEMENTS v TABLE OF CONTENTS vii LIST OF TABLES xiii LIST OF FIGURES xv LIST OF ABBREVIATIONS xvii CHAPTER 1: INTRODUCTION 1 1.1 The Context for the Research 1 1.2 Description of the Research 2 1.3 The Research Aims and the Research Questions 5 1.4 Significance of the Research and Argument 6 1.5 The Research Methodology 7 1.6 Structure of the Research 8 CHAPTER 2: THEORETICAL FOUNDATIONS OF PUBLIC PARTICIPATION 11 2.1 Introduction 11 2.2 Part 1: Definition of Public Participation and its Classification 11 2.2.1 Definition of Public Participation 11 2.2.2 Forms of Public Participation 15 2.2.2.1 Information 16 2.2.2.2 Consultation 17 2.2.2.3 Involvement 17 2.2.2.4 Collaboration 19 2.2.2.5 Empowerment 19 2.2.3 Classification of Public Participation 20 2.2.3.1 Based on Flow of Information 20 2.2.3.2 Based on Continuum of Participation 23 2.2.3.3 Based on Levels of Empowerment 26 2.2.4 Tools of Public Participation 29 2.2.4.1 Tools for Information 31 2.2.4.2 Tools for Consultation 32 2.2.4.3 Tools for Interaction 33 viii 2.3 Part 2: Avoiding Tokenism in Public Participation 36 2.3.1 Lower Forms of Public Participation 36 2.3.2 Avoiding Tokenism and Higher Forms of Public Participation 38 2.4 Chapter Summary 42 CHAPTER 3: PUBLIC PARTICIPATION AND DEVELOPMENT 43 3.1 Introduction 43 3.2 Public Participation and its Role in Development 43 3.3 Public Participation in Local Governance 47 3.4 Public Participation in Local Law-Making Process 51 3.4.1 Framework for Public Participation in Law-Making 51 3.4.2 Public Comment 53 3.4.3 Statutory Duties to Present Draft Local Laws for Public Comment 54 3.5 The Experience of Selected Countries Using Public Participation in the Policy and Law-Making Process 58 3.5.1 Canada 58 3.5.2 South Africa 65 3.6 Chapter Summary 72 CHAPTER 4: RESEARCH METHODOLOGY 73 4.1 Introduction 73 4.2 Research Methods Approach 73 4.2.1 Documentary Research 73 4.2.1.1 Documentary Approach 74 4.2.1.2 Case Study Approach 75 4.2.2 Empirical Research - Mixed Methods Research 76 4.2.2.1 Definition of Mixed Methods Research 77 4.2.2.2 Rationale for Choosing Research Design 78 4.3 Research Design 81 4.3.1 Research Site and Participants 81 4.3.1.1 Research Sites 81 4.3.1.2 Research Participants 81 4.3.1.3 Informed Consent and Confidentiality 85 4.3.2 Data Collection Methods 86 4.3.2.1 Questionnaires 86 236 Through which modes below is the public informed? - Newsletters, Brochures, Leaflets, Posters - Press releases, Advertisements - Information centres, Information stands, Public displays - Other     3 Have you ever participated in the process of making provincial laws (namely giving your feedback/comments on the draft of provincial laws)? Yes No   4 At present, which of the following modes of public participation used in the process of making provincial laws that you have ever participated or have known in recent time? + Information through radio and television + Information through public displays + Information through the postal system + Information through the Internet + Soliciting opinion through surveys + Exchangeing information/views through interviews + Exchangeing information/views through public hearings + Exchangeing information/views through conferences/seminars + Other          237 5 Which of following descriptions best describes the process of public criticism nation in drafting provincial laws in Dong Nai province? Description The citizens have been shared or provided information to assist them in understanding related matters of laws drafts through Fact sheets, Brochures, Website, Information centres and other forums  The authorities seek information, opinion or comment on the draft of laws from the citizens through Public comment, Surveys, Public meetings  Authorities work directly with the public, allowing citizens to have the opportunity to provide their feedback and influence the drafting of laws before the authorities make final decisions to promulgate the laws Citizens‘ feedback is received through Workshops, Deliberate polling or Forums  Citizens are recognized as a collaborator who will discuss and negotiate with officials to deal with problems and recommend solutions that influence the draft of laws through Advisory committees, Roundtables, Task Forces, Study groups  Citizens are empowered to participate actively and directly in the decision making process such as discussion and agreement on solutions that influence on the draft of laws through Public advisory groups, Citizen juries, Ballots, Community planning board Authorities implement what the public decides  6 To what extent were you or your community satisfied with participation in the process of making provincial laws? 1 Greatly dissatisfied  2 Somewhat dissatisfied  3 Neutral  4 Somewhat satisfied  5 Greatly satisfied  7 Would you say that the present public participation in the process of making provincial laws at Dong Nai is efficient? - Efficient  - Passable  - Not efficient  238 8 In your opinion, to what extent does public involvement influence the substance (e.g rights and duties) of provincial laws? 1- Not influential at all  2- Not very influential  3- Neutral  4- Somewhat influential  5- Greatly influential  9 In your opinion, to what extent does public involvement influence the form (e.g wording) of provincial laws? 1- Not influential at all  2- Not very influential  3- Neutral  4- Somewhat influential  5- Greatly influential  10 What do you think are the main problems or factors that obstruct public participation in the making of provincial laws? (Please select all that apply)        Lack of public interest Lack of time Lack of knowledge Lack of local authorities‘ support Lack of resources (financial and human) Lack of policies on public participation Other (Please add details): 239 11 What do you think are the main factors that can increase the quantity and quality of public participation in making provincial laws? (Select all that apply) - Public interest - Public demand - Public education - Clear policies - Sufficient funding - Significance of specific issue to the public - Authoritative bodies‘s awareness - Enthusiasm of authorities - Communications technology - Other (please add details):           12 Please select any of following if you agree Public participation in making provincial laws can help to: - Lead to greater transparency in government  - Increase public trust in government  - Reduce conflict between citizens and government  - Further the public interest  - Ensure the feasibility of laws when being implemented  13 How do you evaluate the contribution of public participation in the process of making provincial laws to promoting ‗accountability, transparency and democracy‘? 1 Unsatisfactory 2 Poor 3 Satisfactory 4 More than satisfactory 5 Outstanding      240 14 Do you think that public participation is important in the process of making provincial laws in order to achieve acceptance and consensus among the people on laws when being implemented? Very important Important Neutral Unimportant Don‘t know No reply       15 Do you think that public participation is important in the process of making provincial laws in order to ensure the feasibility of laws when being implemented? Very important Important Neutral Unimportant Don‘t know No reply       16 What do you think are the main benefits that public participation can bring to the making and implementation of provincial laws: - Better making and implementation of laws - Better law-making on specific points - Improvements in public services - Greater public awareness - Community empowerment - Other       241 17 To what extent do you or your community understand the role and benefits of public participation in the provincial law making process? Not understand at all A little A fair amount A lot Completely understand      242 Questionnaire for Officials o0o -A Background information (office use only) Questionnaire No Date: Area: C Public participation Information 1 Do you think the public is generally well-informed about new regulations or provincial laws or drafts of provincial laws that affect their locality and their life? Yes No   Through which modes below is the public informed? - Newsletters, Brochures, Leaflets, Posters  - Press releases, Advertisements  - Information centres, Information stands, Public displays  - Other 2 At present, which of the following modes of public participation do individuals/groups use to participate in the process of making provincial laws in Dong Nai? +Information through radio and television  +Information through public displays  +Information through the postal system  +Information through the Internet  +Soliciting opinion through surveys  +Exchanging information/views through interviews  +Exchanging information/views through public hearings  +Exchanging information/views through conferences/seminars  + Other  243 3 Which of the following descriptions best describes the process of public criticism nation in drafting provincial laws in Dong Nai province ? Description The citizens have been shared or provided information to assist them in understanding related matters of laws drafts through Fact sheets, Brochures, Website, Information centres and other forums  The authorities seek information, opinion or comment on the draft of laws from the citizens through Public comment, Surveys, Public meetings  Authorities work directly with the public, allowing citizens to have the opportunity to provide their feedback and influence the drafting of laws before the authorities make final decisions to promulgate the laws Citizens‘ feedback is received through Workshops, Deliberate polling or Forums  Citizens are recognized as a collaborator who will discuss and negotiate with officials to deal with problems and recommend solutions that influence the draft of laws through Advisory committees, Roundtables, Task Forces, Study groups  Citizens are empowered to participate actively and directly in the decision making process such as discussion and agreement on solutions that influence on the draft of laws through Public advisory groups, Citizen juries, Ballots, Community planning board Authorities implement what the public decides  4 To what extent do you think that the public is satisfied with the current level of participation in the process of making provincial laws? 1 Greatly dissatisfied 2 Somewhat dissatisfied 3 Neutral 4 Somewhat satisfied 5 Greatly satisfied      5 Would you say that the present public participation in the process of making provincial laws at Dong Nai is efficient? - Efficient - Passable - Not efficient    244 6 In your opinion, to what extent does public involvement influence the form (e.g wording) of provincial laws? 1- Not influential at all  2- Not very influential  3- Neutral  4- Somewhat influential  5- Greatly influential  7 In your opinion, to what extent does public involvement influence the substance (e.g rights and duties) of provincial laws? 1- Not influential at all 2- Not very influential 3- Neutral 4- Somewhat influential 5- Greatly influential      8 Generally speaking, to what extent does public involvement have a positive effect on the achievement of the problems sought to be solved by drafting provincial laws? 1- Not influential at all  2- Not very influential  3- Neutral  4- Somewhat influential  5- Greatly influential  245 9 What do you think are the main problems or factors that obstruct public participation in the making provincial laws (Please select all that apply)  Lack of public interest  Lack of time  Lack of knowledge  Lack of local authorities‘ support  Lack of resources (financial and human)  Lack of policies on public participation  Other (please add details): 10 What do you think are the main factors that can increase the quantity and quality of public participation in making provincial laws? (Please select all that apply) - Public interest  - Public demand  - Public education  - Clear policies  - Sufficient funding  - Significance of specific issue to the public  - Authoritative bodies‘s awareness  - Enthusiasm of authorities  - Communications technology  - Other (please add details):  246 11 Do you think the current quantity of public participation in drafting making provincial laws is adequate? - Yes - No   12 Do you think the current quality of public participation in drafting making provincial laws is adequate? - Yes - No   If you believe there is potential for greater quantity and quality of public participation in drafting provincial laws, which of the following have potential for improvement? (Please select all that apply) - Information stands - Surveys/Interview - Public hearings/Meetings - Consultation     13 In your opinion, public participation in the process of making provincial laws could lead to (select one or more): - A positive effect on the process of making laws - More lenghtly process of making laws - More costly process of making laws    14 Please select any of the following if you agree Public participation in making provincial laws can help to: - Lead to greater transparency in government - Increase public trust in government - Reduce conflict between citizens and government -Further the public interest - Ensure the feasibility of laws when being implemented      247 15 How do you evaluate the contribution of public participation in the process of making provincial laws to promoting accountability, transparency and democracy‘?? 1 Unsatisfactory  2 Poor  3 Satisfactory  4 More than satisfactory  5 Outstanding  16 Do you think that public participation is important in the process of making provincial laws in order to achieve acceptance and consensus among the people on laws when being implemented? Very important  Important  Neutral  Unimportant  Don‘t know  No reply  17 Do you think that public participation is important in the process of making provincial laws in order to ensure the feasibility of laws when being implemented? Very important  Important  Neutral  Unimportant  Don‘t know  No reply  248 18 What do you think are the main benefits that public participation can bring to the making and implementation of provincial laws: - Better making and implementation of laws  - Better law-making on specific points  - Improvements in public services  - Greater public awareness  - Community empowerment  - Other  249 Interview Questions for Residents o0o -1 Do you think that public participation in the process of making provincial laws is important? Why? 2 Is it one of the main factors which can contribute to the effectiveness and feasibility of laws in future? Why? 3 Are you satisfied with the current mechanisms of public participation for making provincial laws in Dong Nai? Why? 4 In your opinion, what are the most important factors to ensure the effectiveness of public participation in the process of making laws? Please explain your choices in more detail? 5 Do you believe that if facilitated, the public will have more contribution to effectiveness and feasibility of laws? Why? 6 Which modes of public participation do you think that are appropriate and useful for citizens to participate effectively in the process of making laws? Please tell me about one instance in which public participation has had positive effect on laws Why do you think that the element of public participation was useful in that case? 7 Do you know of any case in which public participation was ineffective? What do you think was the cause of that ineffectiveness? 8 Do you have any further suggestions or observations regarding public involvement in making provincial laws in Dong Nai? 250 Interview Questions for Officials o0o -1 Do you think that public participation in the process of making provincial laws is important? Why? 2 In your opinion, what are the most important factors to ensure the effectiveness of public participation in the process of making laws? Please explain your choices in more detail? 3 Please evaluate the contribution of public participation to the process of making provincial laws 4 Do you think that citizens are satisfied with the current level and mechanisms of public participation? Why? 5 Do you think that if given the opportunity, the public will participate more than they are currently participating? Why? 6 Which modes of public participation do you think that are appropriate and useful for citizens to participate effectively in the process of making laws? 7 Are there any lessons or experiences related to public participation that you can share? Please tell me about one instance in which public participation has had positive effects on laws Why do you think that the element of public participation was useful in that case? 8 Do you know of any cases in which public participation was ineffective? What do you think was the cause of that ineffectiveness? 9 Do you have any further suggestions or observations regarding public involvement in making provincial laws in Dong Nai?

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