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UPPSALA UN1VERSITET UPPSALA UNIVERSITÉT & VNU UNIVERSITY OF ECONOMICS & BUSINESS *** VNUUEfB — MASTER THESIS OF MPPM E N H A N C I N G T H E RO L E OF I NS PEC TI ON A G E N C I E S IN P R E V E N T I O N A N D A N T I - C O R R U P T I O N F R O M RE AL ITY INHAI DƯ ONG P R O V I N C E Author: Nguyen Quoc Khanh Supervisor: Prof I)r L a r s - T o s t e n Local Supervisor: Dr Nguyen Khac Hung Class: MPPM - Intake Hanoi, lanuary - 2015 Eriksson A C KNOW L EDGM EN TS I made this thesis inthe Master's prograin management fromthe University of Economics - Hanoi National University andthe University o f Uppsala in Svveden 11 conlìrms that the thesis cannot perform well without the guidance and support of dedicated instructors: Prof Dr Lars - Tosten Eriksson, University of Uppsala - Sweden and Dr Nguyen Khao Mung, director of Institute of leadership and management (LM1), Chairman ofthe Board of Consulting and Development management JSC (MCAD) I sincerely thank to Prof Dr Lars - Tosten Eriksson and Dr Nguyen Khac Hung who has supported me during this thesis research Sincerely thank Protèssor, Associate Professor, PhD ofthe University of Uppsala - Sweden andthe Professor, Associate Protcssor, PhD o f íhe Institute of Hinance and Administratiơn Institute, Academy of Social Sciences, Economic University, íianoi National University who enthusiastically communicate the importance o f scientiíìc knovvledge and research experience inthe master's program manager for my company Thanks comrades and leaders of Inspector Hai Duong, chief inspector o f Gia Loc District, Tu Ky District, Kim Thanh District, Thanh Ha District, Ninh Giang District Chi Linh Tovvn, HaiDuong City, thanks People’s Committee of Coinmunc, l u Ky District, Tran Phu Ward People's Committee o f Mai Duong; l.cadcrs and olíìcials ofthe Departmcnts o f Finance, Construction, Transportation, Natural Resources and Environment o f HaiDuongProvinceand Mr Chairman Ninh Giang District, Nam Sach District, Chainnan o f HaiDuong City cooperation to makc it I íầcilitate research, completed data collection to build of this thesis Sincerely yours! SUM MARY OF MASTKR THESIS 1-Thesis title: ENHANCINGTHEROLEOFINSPECTIONAGENCIESINPREVENTIONAND ANTI-CORRƯPTION FROMREALITYINHAIDUONGPROVINCE 2-LeveI: Graduation thesis of Public Management Master Program 3- Author: Nguyen Quoc Khanh 4- Instructors: Vietnaniese: Dr Nguyen Khac Hung Director o f Institute o f Leadership and Management (LMI); Board Chairman of Management Consultancy and Development JSC (MCaD) Sweden: Prof I)r L a r s - T o s t e n Eriksson Uppsala University - Svveden 5- Thesis presentation date: 05-12-2014 6- Objectives: Corruption situation in Vietnam is novv very serious, have become the national evils, corruption is presented very where and any sector, with the tricks is more and more sophisticated, levels is largcr and larger in scale - Inspection Agency is a permanent body against corruption but the anti-corruption inspection agency is not so effective: Study objectives: The rcsearch is to discover some hidden problems and reasons that limited roleof tho State inspcction organ i/ation s in d etecting and handling corruption, proposing solutions to enhance theroleof thc State Inspection organi/ations and anticorruption measures 7- Methodology: 7.1 Overview Research Methodology: Includes the laws, thc legal documents ofthc State 7.2 Data collection methodology: a Secondary intbrmation and data collection method: Research documents and reports, conclusions o f HaiDuongProvinceinspection b Priinary infonnation and data collection methodology: - Survey by questionnaire vvith 55 persons who work for provincial and district and departmcnts inspectionagenciesinHaiDuong province, to collect in lb r m a t io n a b o u t t h e ir v ic v v s a n d t h e ir a s s e s s m e n t : c u r r c n t S tate o f c o r r u p t io n , realityandrole o f the current inspection agencics inthepreventionand anticorruption, what to to strengthen therole o f inspectionagenciesinthepreventionand anti-corruption? Which íactors affecting the quality o f inspection vvork inpreventionand anti-corruption? - Interviews some related obịects, consist of Chairman o f District People Committee; 10-13 inspectors; 1-2 enterprises (Inspection Objects), one lawyer 7.3 Data analysis methodology: Based on the results o f thc inspection data on a number of econoinic - social sectors, analysis to assess the eíYectiveness o f anti-corruption inspection activities, \vhich tound therole o f inspectionagenciesinpreventionand anti-corruption vvork; Analyze therole o f inspectioninthe State management, thc dircction and check o f the superior for knver levels; - Expert Methods: During iinplementing the thesis, I ahvays get the support of experts inside and outside o f inspection industrv and o f the instructors at the University o f Uppsala - Svveden and Vietnam Results & conclusions: 8.1 Research results: a) Therole o f inspectionin accordance with theInspection Law in 2010 + In term o f the organi/.ation: Inspection Agency is an agency under the administrative agency o fth c same level + In term o f povver: - Pcríbrm inspection function as planned Must be approved hy head of administrative agency at the same level - Only have the riaht to recommend - Do not have thc pcnvcr to investigate, propose to prosecute and apply ineasures to prevent (Put in temporary detention, take into custody) b) Realitv o f anti-corruption inspectioninHaiDuong Province, inthe fields: - Inspectioninthe íìeld o f budget managemcnl - Inspectioninthe íìcld o f taxation - Inspectioninthe íìcld 'basic construction investment 10- Contribution ofthe thesis: With the ĩramevvork o f this thesis cannot be deeply and comprehensively analy/cd to give thc solutions fully and eíYectively With the ability and expericnce in thc inspection industry, vve íìnd that the above iìndings are completely correct, contribute to theinspection industry, and competent governmcnt agcncies to see the cause androleofinspection is limited inthepreventionand anti-corruption inthe past year it bluntly, therelbre can not prevent corruption Whcn having conditions to continue further research, I hope to focus 1'urthcr on the causes and consequences, motivations oí' corruption acts, the internal and extemal factors inthe impact of this phenomenon, the with experience inthe country as vvell as intcrnationally to be able to make the more feasible solutions to build inspection sectors vvith hiah position androleinthepreventionand anticorruption intheprovincefrom now to the year o f 2030 INDEX ACKNOW LEDGMENTS SU M M A R Y OF M A STER THESIS A B B R E V IA T IO N S IN T R O D U C T IO N ! The reason for selecting the topic The Research O b je c tiv e s 3 Research Q uestions Research M ethod olo gy : The lim itations: .4 Thesis Layout: This thesis consists o f an introduction and three chapters: C H A P T E R I: T H E O R IES OF INSPECTIO N A N D A N TI-C O R R U PT IO N ; RHG ULATION ON INSPECTION A N D A N T I-C O R R U P T IO N 1.1 THEOR1ES OF INSPECTIO N A N D A N T I-C O R R U P T IO N 1.1.1 The concept o f c o rru p tio n : 1.1.2 The basic characteristics o f corruption 1.1.3 Corruption identiíìcation 1 1.2 R E G U LA TIO N S ON INSPECTIO N, PR E V E N T IO N AN D ANT1C O R R U P T IO N 12 1.2.1 Preventionand anti-corruption Law in 2005 regulated corruption is an act o f the people with power, corruption behavior is constituted by three íầctors: the behavior o f power person; Took advantage o f their positions and povvers; for the purposes o f self-interest 12 1.2.2 Regulations o f theỉnspection L a w 17 1.3 FU N CTIO N S A N D DUTIES A N D PO W ERS OFIN SPECTIO N SE C T O R IN PREV EN TIO N A N D A N T I-C O R R U PT IO N (within the framework o f this thesis reíers only to administrative level inspectionfrom governm ent inspector to district level inspector) .21 1.3.1 The Governm ent Inspectorate: 21 1.3.2 Provincial Inspectorate 24 1.3.3 District Inspectorate 26 CHAPTER II: REAL SITUA TION OFINSPECTION ACTIVITIES IN PREV EN TIO N A N D A N TI-C O R R U PT IO N INHAIDUONGPROVINCE 28 2.1 S um m ary characteristics and social-econom ic situation inHaiDuong p ro v in c e : 28 2.2 The resuỉts o f anti-corruption inspection activities in a num ber o f social and econom ic sectors o f Hai D uong province Inspectorate: 29 2.2.1 A nti-corruption inspectioninthe íìeld o f budget m anagem ent at the level o f com m unes, districts, cities and tow n s .29 2.2.2 A nti-corruption Inspectorate inthe tìeld o f Land M anagem ent; 35 2.2.3 A nti-corruption Inspectioninthe ĩield o f tax m anagem ent for e nterprises 41 2.2.4 A nti-corruption inspectioninthe íìeld o f basic construction investm ent m a n a g e m e n t 45 2.3 The cause o f violations that leads to corruption exists 53 2.3.1 C auses and objective co n d itio n s 53 2.3.2 C auses and subjective c o n d itio n s 54 2.4 Som e basic elem ents reduce impact o f anti-corruption inspection activities 56 2.5 Som e o f the changes in perspective, perceptions, assessment o f individuals and organizations from etTectiveness o f insp ectio n : 58 C H A P T E R III: C O N C L U S IO N S A N D R E C O M E N D A T IO N S 63 3.1 C o n c lu s io n s 63 3.2 R ecom m endations: Som e solutions for improving therole o f inspection activities to prevent corruptioninHai D uong provinceinthe period o t '2015 - 63 3.3 O rientation for tưrther research: REFERENCES A P P E N D IX 67 ABBREVIA TIONS PCTN : Anti-Corruption UBND : People's Committees HĐND : The People's Council CìCNQSD : Land use right certitìcates (LURC) TGTGT : Value-added tax (VAT) TTg : Prime Minister CP : Government NQ : Resolution BC : Report XDCB : Basic Construction NSNN State Budget INTRODUCTION The reason for selecting the topic Corruption is the behavior of person vvith positions and povvers, took advantage oi' his position and povver for the purpose of prìt Corruption is a social evil associated with the communication process and use the povvcr oftheagenciesin political system of each country As obstacles to the implementation of policies and laws ofthe State, resistance to social development, distorts economic relations, eroding ethical values Corruption is essentially a combination of tvvo factors: povvcr and selfinterested The hanníul eíTects ofcorruption behavior is very large directly harm to the property of thc State, organi/ations and individuals in society, constraining economic a n d s o c ia l d e v e lo p m e n t of th e c o u n tr y a í ĩ e c t i n g r e v o lu t io n m o r a lity , p u b lic S e r v ic e culture of oíĩicials, undermining the people’s trust vvith the State In recent years, our country has made signiíìcant achievements inthe constant economic and social innovation, social security is maintained, people's living standards is morc and more improved Hovvever, vvc are still íầcing mạịor challenges and risks Corruption situation has been very complicated in many areas and tended to increase in scale, increasingly serious nature, rcílectcd inthe number of State’s assets are appropriated or loss; violators of thc law, including many oHìccrs, puhlic oỉTicials even including somc ỉeađers, senior managers who liave behaviors of corruption, appropriation o f State assets Rcsolution o f the 9lh Party’ Congress has essessed: “corruption and degradation ol'ideology politics, ethics and liíestyle in a not-small part of olTcials and Party mcmhcrs are very serious Corruption lasted for a long tiine in apparatus o f the political system and thc economic organi/ations is a major risk threatening the survival ofthe regime” Preventionand anti-corruption was paid attention hy the Party and State, thereíore, it has achieved certain results But vve must írankly admit that the prevention, detection and handling oí' corruption for the last time has still limited compared to the requirements and expectations o f the people Períecting the institution ofpreventionand anti-corruption is still slow; propagation and disscmination, legal education has not met the requirements; officials and civil servants, people accused of corrupt behavior less, in \vhcn there is no eíTective mechanisms to protect and revvard whistleblowers Responsibility, leadership abilities, íìghting force of some committees, pioneer, exemplary o f part of officials and Party members are not high Many preventionand anti-corruption ineasures are in term of formalism Organization, operation capacity of organizations and olììcials in charge ofpreventionand anti-corruption is still inadequate The coordination relationship among the litigation implementation agenciesand betvveen the litigation implementation agencies vvith theinspectionand audit agenciesinthe detection and treatment of cases, corruption cases sometimes are not close Corruption detection is still vveak, some corruption cases are detected and processed through the operation ofinspectionand audit agencies is still less Corruption asset yield is very lovv Corruption remains seriously in many sectors and levels, many areas, especially inthe íìeld o f íìnance and banking; management and land use; management and exploitation o f natural resources, minerals and public investment Sundry corruption situation is sho\vn inthe bribery in tìekl of administration, public services, bribery vvhen dealing uith the public authorities, still smarting The detection ofcorruption reniains vveakncss The handling of corrupt behavior in some cases expresses lenient; abusc remains to be disciplined, administrativcly sanctioned instead of prosecutions, the accused prosecuted according to law Promoting the social roleand responsibility and international cooperation inthepreventionand anti-corruption are limỉtcd Corruption is still a challenge and is one ofthe most pressing issues o f today's society Currently, thepreventionand anti-corruption is the responsibility of many diíTerent agencies including (1) Preventionand Anti-Corruption Department dirccts coordinates, inspects and urgc preventionand anti-corruption activities; (2) The National Assembly, PeopIe's Councils at all levels supervise thepreventionand anti-corruption; (3) the govemment's inspection agency, the Ministry of Public Security, Ministry of Deíence, Institute o f the Supreme People's Procuracy, the Suprcmc People's Court, thc State Audit organizatỉon direct and guid to pcrtorm preventionand anti-corruption vvithin the assigned tunctions and tasks Each agency has diiTcrent roles, ỉunctions and tasks The rolc o f inspectionagencies are 61 mechanisms, policies and laws Inspectionand examination as a method ot ensuring legislation, strengthening o f State discipline, improve the etĩiciency of State management, prevent and repcl corruption that needs to bc determined as an essential element State management b) Inspection activities help to prevent, detect and handle violations ofthe law: With the basic ĩunctions that conducting inspections to evaluate compliance vvith policies, laws and responsibilities of agencies, organi/ations and individuals that are subjects to inspection; pertbrm tasks for settling complaints and denunciations under the authority, theinspection agency has shovvn its role as an indispensable tool ofthe State inthe íìght against corruption today Article ofthe La\v o f inspection provides for purposes o f inspection "Inspection acíivities are to prevent, detect and handle violations o f the law; detect loopholes inthe management mechanisms, policies and laws to make recommendations to the authorized State agency to tìnd out the corrective measures; promote positive tầctors; contribute to improving the effectiveness and cHìcicncy ofthe State management activities; protect the interests oí' the State, the legitimate rights and interests o f agenciesand individuals” The purpose o f the provisions on inspection activities includes Ihc construction and promotion o f the positivc tầctors, against the negative behavior But the priinary goal oftheinspection is to prevent detect and handle violations o f the lavv, detcct loopholes inthe management mechanisms, policies and lavvs so that there are recommendations accordingly case for thc State agency having ịurisdiction Congrcss documents íor National Party ofthe tcnth has determined "to implement thepreventionand against corruptioninthe State apparatus, one o f the solutions is important to perfect the mechanism oí' inspection investigation; to focus on directing inspection, check against corruption This is even morc strengthening its position androleofthe State inspection organi/.ations in anti-corruption activities; c) Inspection is an important and eíĩective tool inpreventionand anti-corruption: With thc scopc ofinspection includes: inspectionofthe implementation of policies, laws and duties of subịeets under the ịurisdiction ofthe State management agencies at the same 62 level, the State inspcctor agencies have conditions to detecting corrupt behavior by inspecting obịects including people with positions and povvers ofthe State apparatus Fact is demonstrated, inspecíor is method to detect rapidly thc corruption cases Due to the nature o f its activities, through inspection activities that having thc conditions to detect early manitestations of corruption, timcly recommends preventive measures One o f the activities that help to detects acts ofcorruption that is inspecting the authorities and duties o f ììcers and employees Inspector can detect early signs ofcorruption vvhen there is no out\vard expression so that having corrective measures that can prevent timely Through the implementation of tunctions, their duties, thc inspection agency can also act as "íorecast", detccting loopholes; shortcomings inthe policies, give rise to corruption Loopholcs in inechanisms and policies that cannot give rise to corrupt practices hut without timely waming it is likely taken advantage o f his position to he corruption When conclude the inspection, theinspectionagencies have rights: evaluating the implementation of policies, laws and duties oftheinspection object under inspection contcnts; conclusion o f theinspection contents; determine the naturc and extent ofthe violation, causes and responsibilities o f agencies, organi/ations and individuals with violations (if any); measures vvithin their jurisdiction has bcen applied; propose remcdies for violations ofthe law, including acts ofcorruption (if any) oftheinspection ohịcct In addition, during the inspcction if detecting signs for the violation of criminal law, having the riíìht to transtcrred the case to investigation agcncy for criminal penalties Through inspection, settlcment of complaints and denunciations, theinspection agency has also detected many acts ot' corruption, Iicgative statT, civil servants was recoinmcndcd teasihlc treatments arc but not cffective as expected 63 CHAPTER III: CONCLUSĨONS AND RECO M ENDATIO NS 3.1 Conclusions It can be seen that due to the assigned functions and powers, the State inspection aeencies are important and useíul tools inthe struggle to prevent corruptionand other institutions But in practical inspection activities are not eíTective in preventing corruption, due to the limitation o f povver as discussed above Inthe current period, thepreventionand anti-corruption in our country in acncral andin particular inHaiDuongprovince has achieved the desired effect or not depending not less to operation o f thc State inspectionagenciesTherole o f inspection activities is increasingly important, especially inthe current period, inthe context o f the jurisd iction State building and administration rcíbrm driven hy the simultaneous Service vvith the intemational economy integration This sets the inevitable requirement that if inspection activities are done vvell and thc results ofinspection activities are o f good quality, corruptionprevention struggle vvill be effective„ but in order to have good quality, to have an increased roleand really is a tool, an elĩicient means, theinspection agency must be right and it's the State power must bc strong enough to perfonn thecorruptionprevention struggle task Successíul corruptionprevention vvill contributc to improve the Party's leadership role, to enhance the State management cíTcctivcncss, to enhance the Statc's managcment effectiveness, to strengthen machinery o f the State in purity and strong, to ensure the implementation of people's human rishts contributing to repel threats vvhich are constraining the development o f the country 3.2 Reconimendations: Some solutions for improving theroleof inspcctỉon activities to prevent corruptioninHaiDuongprovinceinthe period of 2015 -2030 Inspection activities have particularly important roles inthe State management, so in order that inspection results can be well promoted, lìrst those rcsults havc good quality The quality ofinspection results depends on many tầctors such as the legal basis tor inspection activities, thc level ofinspection staíT, thc 64 prolessional methods used intheinspection process, material conditions lor inspcction activities etc Inspection activities are carried out by many diíTerent stakeholders including theinspection agencies, the administration agenciesandtheinspection object Results ofinspection operations are results of activities and coordination betvveen thcse stakcholders Althoueh inspectionagencies plav a major roleintheinspection conduction p rocess, but inthe important stages of this process, the head o f the administrative agency is the important íầctors Mentioned important steps here are the orientation building phase, program ofinspectionand process, supervise and speed up the implementation ofthe conclusions and recommendations o f theinspection agency Inthe orientation building stage, thc inspection program is a stage of defining inspection object This stagc is based entirely on the requirements o f m anagem ent in e a c h t ìe ld , o r in o t h e r w o r d s , b a sed on th e d ir e c t io n S tate o f S tate management agencies’ head with the same level Mainly this stage has also greatly action to the íìnal rcsults ofinspection activities If properly detìning inspected tìelds and objects, theinspection results will hring practical effectiveness, through theinspection can dctcct many loopholes inthe provisions o flaw on those tìc ld s to havc timely corrective measures, and can also detcct niany errors to timely prevent or dctcct typical portraits with brcakthrough creativeness vvhich can be replicated Being so theroleofinspectionagencies will bc uscful in preventing corruption, conversely, if improperly dìne inspected objects and íìclds vvill make inspection activities ineffective, costly o f resources, thcreby reducing the effectiveness and S ta te m a n a g e m e n t p e r íb r m a n c e e f f e c t Role o f in s p e c t io n vvill be d e c lin e d Process and urge phase in thc implementation o f the conclusions and recommcndations oftheinspectionagencies also depend greatly on attitude and responsibility ofthe administrative agency’s head The fact is that, vvhcre thc Administrative agencies’ heads concerned closely guiding thc implementation of thc inspcction agency's conclusions and recommendations, those are taken seriously, creating positive atĩect making alters inthe perception ofinspection object in thc execution of laws, limiting mistakes In contrast, vvhere thc heads are 65 not interested in dirccting, urging thc implementation of thc inspection agencies’ thc conclusions and recommendations, it seems the results of inspcction activities not promote efficiency in fact, even inspectionagencies is underestimated Another factor also plays an important rolein promoting the results ofinspection activities such as social avvareness o f roleand responsibility o f the i n v o lv e d S ta te a g e n c i e s in th e p r o t e c t io n and th e p r o m o t io n of th e in s p e c t io n activities' results Accordina to the above analysis, it can be said that not the i n s p e c t io n a g e n c i e s th a t h e a d s of S ta te a d m in is t r a t iv e a g e n c i e s are su b je c t p la y in g the most important roles and decisive to result o f theinspection activities and promoting it in fact However, awareness o f the different institutions o f society on this issue is not reallv true, thcre is feeling that theinspectionagencies aren't serious in work, discovering many irregularities, but treatment ot lcss, or no urge on the implementation oftheinspection conclusion to the end In fact, this entirely depends on the responsibility o f administrative agencies’ heads Inspection agency can only take responsibility for objectivity, truthfulness and correctness inthe conclusions and recommendations of itself only I rom the above analyses, in order to meet the requirements for huilding Inspection sector development stratcgy until 2020, V isio n to 2030, Inspection Law in 2010 define legal status oftheinspection sector, the powers oftheinspectionagencies just stop at thc treatmcnt recommendation right in violations, so theinspection activities’ rolc inthecorruptionprevention are limitcd This thesis is proposed to implement some Ibllovvings solutions to enhance theroleofinspection agencies: First solution: Redetìnc legal status for State inspection agencies, by increasing the State power for inspection agencies, is theagencies belone to the ỉaw exccutive agency system, but indcpendent, is not agencies under the administrative a g e n c i e s w i t h th c s a m e l e v e l , th a t o f v e r t ic a l s e c t o r s y s t e m fr o m t h e C entral to lo c a l Authorities o f inspection, investigation and criminal case prosecution vvill make violations ofthe la\v detected, inspected and prosecuted timely Having proactive and indcpendent intheinspection planning building, inspection decisions, conclusions and decisions for handling law violations So, inspection peribrmance rcsults \vill be ensured vvith good quality Therole o f inspection activitics vvill be 66 coníìrmed This is the core issue ininspection activities l’o achicve such a lcgal staíus, staíT and inspectors must hc truincd to become vvell bravery and to have legal and expertise level The second solutỉon: Poremost, Inspection Lavv 2010 need to bc modiíled to have a legal basis specitìed particularly moreover therole o f administrative agcncies’ heads inthe protection andthe promotion oftheinspection activities’s result Inspcction Lavv 2010 and Decree No 86/2011 / ND-CP dated September 22, 2011 ofthe Government on regulating detail and guiding the implementation o f theỉnspection Law has morc speciíic provisions o f the responsibility o f administrative agencies’s heads, but these provisions have not been enough to bind the responsibility ofthe administrative agencies’s heads in dealing with conclusions and recommendations oftheinspection agency So, when theinspectionagencies send conclusions and recommendations to the administrative agency's heads, under their jurisdiction, they must issue administrative decisions on the implementation of such conclusions and proposaỉs Adininistrative decisions are official legal valuable documents and expressed most clearly responsibility in managing State o f the adm inistrative a g e n c y ’s head In addition, there m ust be íurther s p e c iíìe d in handling this owner's responsibility in casc that doing not comply with the provisions of lavv on handling of conclusions and rccommendations o f the inspcction agency The third solution: Continuing training, proíessional training, qualitìcations, experience ofthecorruption prcvention for team of inspectors turther comprehensively Not only training domestic but also abroad Taking care of inspectors’s the material and spiritual liíe The fortlí soỉutìon: Must bc cquipped technical facilitics, cffective tools arc e l i g i b l e fo r th e S e r v ic e o f i n v e s t i g a t io n a n d v e r i l ì c a t i o n , e v i d e n c e o f c o r r u p tio n to c o n c l u d e a c c u r a t e ly The fìfth solution: Need to lurthcr cnhance the avvareness o f the society on the results ofinspection activities III particular, need to promote the lavv propagation and dissemination of inspection, clearly analyzing ofroleand responsibilities o f theinspection agencies, heads o f administrative agenciesand other subịects involved in 67 crcating good inspection results and determine thc decisive rolc of thc head oi’State administrative agcncies to promote the results ofinspection activities Implementation o f thc conclusions and recommendations ofthe inspcction authorities must bc public and transparency in accordance with la\v, creating good publicity f'or the vvork results oftheinspection agencv 3.3 Orientation for further research: With the framework of this thesis cannot hc deeply and comprehensively analy/.ed to give the solutions fully and elTectively to enhance theroleofinspectionagenciesin thc preventionand anti-corruption until 2030 When havine conditions to continue turther research ! hope to focus íurther on the causes and consequences, motivations ofcorruption acts, thc internal and extcrnal factors inthe impact of this phenomenon, thc with experience inthe country as well as internationally to bc able to make the more feasihlc solutions to builđ inspcction sectors \vith high position androlein thc preventionand anticorruption intheprovincefrom now to the year of 2030 Hanoi, October ứ h, 2014 REFERENCES Law and legal normatỉve documents: Decree No 59/2013 / ND-CP on June 16lh, 2013 o f the Government on issuing detailed regulations of a numbcr of articles ofthe Lavv on AntiCorruption Decree No 86/2011/ND-CP ofthe Government: Detailed regulations and guidelines for the implementation of soine articles ofthe Law on Inspection; Decree No 120/2006 / ND-CP on October 20th, 2006 o f the Government on detailed regulations and guiding the implementation o f some articles ofthe Law on Anti-corruption; Law on Anti-Corruption on November 29lh, 2005; Lavv on Inspection November 15th, 2010; Books, reports, research: Steven Cohen - William Eimicke (1995), The EtTective Publicmanagement, Jossey Bass Publicshers Conclusion inspectorate number: 286 / KL- TTR on May 23th, 2010 ofHaiDuong Inspcctorate inspector about the work o f land management and certitìcate o f land use right o f the Commune and Ward People's Committee inHaiDuong City in years of 2007, 2008 and 2009 Conclusion inspectorate number: 287 / KL-TTR on June 6th, 2014 o f Inspcctor Hai Duong, on Collection, management and use o f funds; pcrtbrm basic construction investment in Cam Giang District, HaiDuongProvince Conclusion Inspectorate No 05 KL- TTR on December 4th, 2012 o f HaiDuong Inspectorate thematic inspection planning, management and use of land inHaiDuongProvincefrom 2001 to 2010 10.Conclusion Inspectoratc No 35 / KL-TTR on January 24th 2014 HaiDuong Provincial Inspectorate on Inspecting the observance o f the regulations on the implementation o f investment projects; the provisions o f thc labor law , so c ia l s e c u r it y and t ìn a n c ia l o b lig a tio n s to the State budget o f the Branch tor 1'ung Kuang Industrial JSC í rom 2009 to 2012 11 Curriculum for policy and social econoinic, Science and Technology Publisher, I lanoi; 12 Dr Le Tien Hao (2011), Administrative claiins, denunciations - Basis for theory, situation and solutions - Head ofthe thesis J 13 Inspection Maga/ines 14.Jody Zall Kusek - Ray Rist (2004), Ten steps to a Results based monitoring and evaluation system, The World bank 15.Peter Lannour, Nick Wolanin, Corruptionand Anti-Corruption, Asia Pacetìc Press, 2001 16 MA Tran Duc Luong (2007), "Contcnts o f responsibility inspectionin settling claims by stat agencies”, Monograph on scientiiìc inspectionand tìghts against corruption (Volumn 15) 17.Collin Mellors Nigel copperthvvaite (1987), Local Gorvemment inthe Community, ICSA 18 MA Dinh Van Minh (2007), “Completing legal system to promote the cffecliveness and cíTiciency of rcsponsibility inspcction tbr administrative agenciesin settling claims”, Monograph on scientiíìc inspectionand tìghts against coưuption (Volumn 15) 19 Report No 93 / B C -T lr on March 14th, 2014 ofHaiDuong Provincial Inspcctorate o f task períbnnance results o f the inspcction three years (2011-2014) 20 Speech of General Secretary Nguyen Phu Trong at the national conterence on thepreventionand against corruption took place on May 5th, 2014 21 Vietnamese Dictionary - Pubỉishing House o f Social Sciences, Hanoi in 1988 Websites: 22 Corruption Pcrception Index 2013, IT (International Transparency) http://vietnamnet.vn/vn/chinh-tri/152698/it-tham-nhung—thuy-dien-vantu-nhan—k honụ-phai-t hi en-than-.ht mị 23 Alí'Persson & Nguyen Khac Hung (2Ơ05) Report on Anti-Corruption in Vietnam Hanoi: World Bank (Unpublished) 24 Websites o f Inspection Ncwspaper: www.thanhtra.com.vn 25 Websites o f the govcrnmcnt inspection: \v\v\v.thanhtrachinhphu.gov.com 26 Websites o f inspection o f ministries and sectors 27 Websites o f inspection o f cities and provinces 28 Websites o f inspection magazine: \vww.thanhtravictnam.vn 29 Wcbsites o f the institute of Scientiíìc Inspection: \v\vw.giri.ac.vn APPENDIX Appendix 1: List of questions for interviews: Orientation interviews: staff inthe provincial inspection agencies, districts inspection, and a number of staíĩ vvorking in vvards, departments inHaiDuongprovince (general questions); Interview vvith Chairman o f District: 1- C'orruption Situations now? 2- Current status oftherole o f the current inspectionagenciesinthepreventionof corruption, 3- Want to enhance thc roleofinspectionagenciesin anti-corruption eníbrcement need to do? 4- Factors affecting the quality o f inspection vvork effectively against corruption? 5- Corruption people is vvorking in offices at most any level? 6- Forecast corruption situation inthe period from now until 2030? 7- Causes o f Corruption? 8- The vicvvs and perspectives on theroleof effective inspections by inspectors bring? APPENDIX 2: LIST OF ANSVVERS INTERVIEVV Lawyer Nguycn Van Bieu - Head o f HaiDuong Provincial Lawyer Team Mr Hoang Van Cay - Deputy - Head o f Operations V (Department o f Inspection anti-corruption) - HaiDuongprovince Inspection; Mr Nguyen Trong Dieu- Deputy Chieí'ínspector of I lai Duong Province; Mr Pham Manh Hung - Chairman o f Nam Sach District People's Committee8 - Mrs Neuyen Thi Thu - Chief - Inspectionof Gia Loc District Mr Doan Viet Hung - Chairman o f HaiDuong Provincial People’s Committee Mr Nguyen Dinh Kho - Deputy - Head o f Operations I - HaiDuongprovinceInspection Mr Tran Danh Le - C h ie f - Inspection o f I lai Duong City Mr Vu Duv Ninh - Head of Operations III (Department of Economic Inspectionand resolve complaints localized arca) - InspectionHaiDuong Province; Mrs Nguyen Thi Phuong Thao - Deputy Chiet' OHÌCC - HaiDuongprovince Inspection; 10 Mr Nguyen Xuan Thuan - Deputy Secretary o f thc Disírict Party Committee for Chairman of Ninh Giang District Peoelc’s Committee 1 Mr Nguyen Thi Tlìuy - Chiet - Inspection o f Chi Linh Town 12.Mr lloane, Anh Tuan - Deputy Chief Office - HaiDuongprovince Inspection; H A N O I N A T I O N A L UNI VEỈ RSI TY - UFJP S A L A IJNIVF RSITY SVVEDEN INVKSTICATION NOTE The pur pose o f the investigation note in Hramevvork o f scientifìque research Project on "Enhancing theroleofinspectionagenciesin preventing corruptỉonfrom rcality inHai Dunng province" served his Master thesis o f Public Management o f llniversity o f Economics, llanoi National University, i and Uppsala University - Svveden We look forward to receiving comments from a number o f subjects, objects and people kno\vledgeable about theinspection sector as well as thepreventionand fight against corruption All the intbrmation he / she provided is used only for research, not used for other purposes I le/ She does not need his name Please he / she provides inĩomiation and inark (X ) inthe box that he / she tìnds the right (or appropriate) and answer inthe blank space inthe question belovv We look forward to the collaboration o f Mr / Mrs Please he / she kindly said some o f the follow ing infonnation:- Personal lnformation : - Working offices : - Male/ Female : Bom : - Position: - ỌualiHcation: ; Occupations: Contents ()f Questions : Question /- The current State o f Corruptionin our country ? a lot o f □ Many □ No corruption □ Quextion 2- Corruption people is working in offices most any level ? Central n Province level n District level □ Commune level □ Question 3- A n yfields isfoUowing the most corrupt situation ? Land □ Pinancial □ Construction □ Prọịect Public procurement □ □ Personnel vvork □ Question 4- Therole o f inspection actỉvitìes in tlieJìght (iỊỊainst corruption? Very importan □ Important □ I.ess Important □ Un-important □ Question 5- To enhance therole tìf inspectionagenciesin th e /ìg h t (iỊỊdinst corruption, the need to f ix htspection Law, more d ea rỉy defined responsibUities