This is a research topic with a wide, complex content. Within the scope of this thesis, the author focuses on the quality of examination and processing of legal documents by Provincial People’s council and People’s committeel in Vietnam, accordingly, concentrates on examining and processing the legal documents issued by Provincial People’s council and People’s committeel without extension of examination of the inspection activities of the Provincial People’s council and People’s committeel to the documents of the lower level within the province. In terms of time, study limits are from 2003 to 2016
MINISTRY OF EDUCATION AND TRAINING MINISTRY OF HOME AFFAIRS NATIONAL ACADEMY OF PUBLIC ADMINISTRATION NGUYEN TOAN THANG IMPROVING THE QUALITY OF INSPECTION AND HANDLING OF REGULATORY DOCUMENTS OF THE PROVINCIAL PEOPLE'S COUNCIL AND THE PROVINCIAL PEOPLE'S COMMITTEE SUMMARY OF PH.D IN PUBLIC MANAGEMENT THESIS HANOI, 2018 The thesis is completed in NATIONAL ACADEMY OF PUBLIC ADMINISTRATION SCIENCE INSTRUCTORS: Associate Professor Ph.D Vu Duc Dan Associate Professor Ph.D Nguyen Thi Thu Van Reviewer 1: Reviewer 2: Reviewer 3: The thesis is protected before The Board of thesis evaluation at the Institute level floor .the National Academy of Public Administration INTRODUCTION The urgency of the subject The state administrative reform towards building a Socialist Rule-of-law State of the people, by the people and for the people is an important goal recognized in the Party's resolutions From Resolution No 48-NQ/TW dated May 24, 2005 on the strategy for the construction and improvement of the Vietnamese Legal System to 2010, orienting to 2020 with two focuses on building the socialist-oriented market economy and building Socialist Rule-oflaw State of Vietnam of the people, by the people and for the people; Resolution No 49NQ/TW dated June 02, 2005 on the Judicial Reform Strategy to 2020 In order to develop a complete legal system, one of the issues is the need for effective mechanisms and measures to minimize conflict, overlap, unconformity, unconstitutional and unlawful circumstances of the legal documents Apart from professional activities such as appraisal, verification, review and systematization, the examination of legal documents plays a very important role In fact, the examination and processing of legal documents recently showed that besides the achievements gained in the development and promulgation of documents in general, many legal documents issued by the People's Council and People's Committee at all levels have been discovered a breach of regulations on authority, content in contravention of law, causing consequences (in serious cases) in material respects, violating legitimate rights and interests of citizens, damaging the prestige of state agencies and decreasing the effectiveness of state management activities Based on the objective requirements above, the PhD student decides to choose: " Improving the quality of inspection and handling of regulatory documents of the Provincial People's Council and the Provincial People's Committee" as a PhD thesis on public management Purposes and funstions of the research 2.1 Purposes of the research The purpose of the thesis is through the analysis of the scientific basis on the quality of inspection and handling of regulatory documents of the Provincial People's Council and the Provincial People's Committee, the assessment of the quality of inspection and handling of regulatory documents of the Provincipal People's Council and the Provincipal People's Committee from 2003 up to now, the thesis will develop scientific and practical arguments to improve the quality of inspection and handling of regulatory documents of the Provincial People’s council and the Provincial People’s committee, contributing to the improvement and effectiveness of State management 2.2 Functions of the research To implement the above research purposes, the thesis focuses on solving the following tasks: - Overally review domestic and foreign research in relation to legal documents and the quality of examination and processing of legal documents by Provincial People’s council and People’s committeel - Study theoretical issues on legal documents promulgated by Provincial People’s council and People’s committeel; arguments for examination and processing of legal documents as a basis for the quality study of the examination and processing of legal documents by provincial People’s council and People’s committeel - Analyzing the theoretical background of the examination and processing of legal documents is one of the state management activities, by clarifying the concept of inspecting and handling legal documents, competence, implementation procedures, contents of inspection and processing of legal documents; the quality of examination and processing of legal documents, the quality assurance requirements of examining and handling legal documents of provincial authorities - Research to clarify the practice of examining and handling legal documents of provincial People’s council and People’s committeel to comment on the results as well as limitations on the examination and processing of legal documents at the provincial level; to showcase the reality and the causes of the results, limitations and inadequacies affecting the quality of examination and processing of legal documents issued by the provincial authorities; - Identify the direction and propose measures to improve the quality of inspection and processing of legal documents by the Provincial People's Councila and People’s committeel in the coming time Object and scopes of the research 3.1 Object of the research The research object of the thesis is the quality of inspection and processing of legal documents by Provincial People’s council and People’s committeel 3.2 Scopes of the research This is a research topic with a wide, complex content Within the scope of this thesis, the author focuses on the quality of examination and processing of legal documents by Provincial People’s council and People’s committeel in Vietnam, accordingly, concentrates on examining and processing the legal documents issued by Provincial People’s council and People’s committeel without extension of examination of the inspection activities of the Provincial People’s council and People’s committeel to the documents of the lower level within the province In terms of time, study limits are from 2003 to 2016 Methodology and Research methods 4.1 Methodology In order to solve the tasks set out, the thesis is based on the methodology of dialectical materialism and historical materialism of Marxism-Leninism, our Party and State’s point of view on building a Socialist Rule-of-law State, the control of state power, the perfecting of law in the Socialist Rule-of-law State 4.2 Research approach - Systematic and interdisciplinary social sciences approach - Qualitative approach - Practical approach - Historical approach 4.3 Research methods - Analytical method - Synthesis and systematization method - Statistical method - Comparative method New science contributions of the thesis - Firstly, the thesis has generated and provided readers with information on the research situation related to the subjects at home and abroad; delivered general information on theoretical issues related to the quality of examination and processing of documents and also quality concepts and criteria for determining the quality of inspection and processing of documents - Secondly, the thesis has also conveyed general information on the status quo of monitoring and processing of legal documents by Provincial People’s council and People Committees for the period of 2003 - 2016 - Thirdly, the thesis has developed solutions to ensure the quality of inspection and processing of legal documents by Provincial People’s council and People’s committeel Theoretical and practical meanings of the thesis 6.1 Theoretical meaning The thesis contributes to further clarify the policy of building a Rule-of-law State (The state honors the law) Accordingly, law enforcement activities must be standardized, controlled and impacted to ensure the standard The thesis contributes to shape and standardize criteria to assess the quality of examination and processing of legal documents by provincial authorities The thesis also contributes to the clarification of the mechanism for examining and processing documents and the ways in which the examination and processing can be effectively implemented Additionally, the thesis has suggested the principle issues of requirements and ways of assessing the quality of inspection work, the consequences of dealing with the responsibility of document processing 6.2 Practical meaning The thesis contributes to increase the interest of competent state agencies in the issuance of legal documents of the locality The thesis can be used as a reference in the process of teaching and learning in schools, institutes specialized in public management, administration and law In addition, the thesis also has the meaning of reference for cadres and civil servants working in issuing, examining and handling legal documents of state agencies Research questions and hypotheses of the thesis The questions of the thesis are the directions for research, the limitation of research, and the basis for answering the set-out questions Within the scope and limits of the thesis, the researcher realizes that the scientific hypothesis of the thesis was designed to find answers to the research questions mentioned above, focusing on the following issues: - The concept of inspection and processing quality of legal documents by Provincial People's Council and People's Committee What is the quality of examining and processing legal documents of Provincial People's Council and People's Committee? What are the factors that influence the examination and processing of legal documents of the Provincial People’s Council and People’s Committee? What practical principles are being followed in the examination and processing of legal documents by provincial People's Council and People's Committee? Research hypothesis: examination and processing of legal documents by Provincial People's Council and People's Committee is carried out by competent authorities in accordance with the Law on the Promulgation of Legal Documents in 2015 and other implementation guidelines according to the strict procedures and principles aimed at detecting illegally promulgated documents that fail to ensure the constitutionality, legality and uniformity; To handle legal and political responsibility for violators of regulations on the promulgation of legal documents by local authorities The quality of examination and processing of legal documents by Provincial People's Council and People's Committee are the norms for evaluation There are many factors affecting the quality of examination and processing of legal documents such as legal factors, socio-economic factors, human factors - How is the current status of inspection and processing legal documents quality of Provincial People's Council and People's Committee? What are the existing problems in the inspection and processing of legal documents by Provincial People's Council and People's Committee in Vietnam and the cause? Research hypothesis: The examination and processing of legal documents by Provincial People's Council and People's Committee has not been put under a proper attention; The coordination between state management agencies in inspection and treatment of legal documents is not good; The handling of legal documents showing signs of unconstitutional, illegal, incomprehensible is not serious, also formal; The number of civil servants performing the inspection activities is insufficient and the quality of their professions, the inspection methods and techniques, the financial sources are not ensured All of the problems above must be thoroughly addressed - What is the solution to improve the quality of examination and processing of legal documents by Provincial People's Council and People's Committee? Research hypothesis: Comprehensive solutions must be carried out, including orienting issues in the Party's policy which shall be institutionalized into law, thereby completing the legal provisions on inspection and processing of legal documents by Provincial People's Council and People's Committee; Develop criteria for quality of inspection and processing of legal documents; the capacity and competence of the contingent of experts in examining and handling violations in the issuance of legal documents The structure of the thesis The thesis is designed in line with the objectives, tasks and scope of the study, and is structured as follows: Beyond the Introduction; Conclusion; The list of references and Appendices, the content of thesis is divided into chapters: Chapter Overview of research situation Chapter Theoretical issues of the quality of inspection and handling of regulatory documents of the Provincial People's Council and the Provincial People's Committee Chapter Current situation of the quality of inspection and handling of regulatory documents of the Provincial People's Council and the Provincial People's Committee in Vietnam Chapter Viewpoints and solutions to improve the quality of inspection and handling of regulatory documents of the Provincial People's Council and the Provincial People's Committee in Vietnam CHAPTER 1: OVERVIEW OF RESEARCH SITUATION 1.1 Local and abroad research situation 1.1.1 Local research situation 1.1.1.1 Study on the issuance of legal documents First of all is the syllabus called General theory of state and law of Ho Chi Minh National Academy of Politics and Public Administration, Hanoi Law University and the Faculty of Law, Hanoi National University In August 2009, the Ministry of Justice held a scientific and practical workshop entitled: "Identification of characteristics of legal documents" Regarding the concept of text, it must be included the article of Associate Professor Ph.D Nguyen Cuu Viet on The concept of legal documents; The article Legal Documents and the Laws of Vietnam Act on Legal Documents by Nguyen Minh Doan and Prof Dr Pham Hong Thai who expressed his opinion in the article "Legal Documents and Laws on Legal Documents" 1.1.1.2 Research related to examination and processing of legal documents by Provincial People's Council and People's Committee - Studies related to the requirements of the legal system and the quality of legal documents Research of Prof Dr Le Minh Tam titled Building and improving the legal system of Vietnam - Theoretical and practical issues The book titled “Building and completing the Vietnamese legal system in the context of constructing the Socialist Rule-of-law State” of Associate Professor Ph.D Nguyen Minh Doan, "Building and improving the law to ensure sustainable development in Vietnam today" written by Associate Professor Ph.D Nguyen Van Dong, "Ensuring the uniformity of the Vietnamese Legal System" by Prof.Dr Phan Trung Ly, and the article "Viewpoints and criteria for evaluating the quality of the issuance of state management documents" written by Do Duc Hong Quang… - Research related to the examination and processing of legal documents Directly referring to the examination and processing of legal documents is the textbook entitled “Construction of legal documents” of the Hanoi Law University The subject of “Mechanism for reviewing legal documents - Current situation and solutions" completed by the Institute of Legal Science, Ministry of Justice in 2004, "Finalize mechanism for examination of legal documents of the Ministry-level agencies" is the Master thesis topic of author Nguyen Van Tuan (2010), Doan Thi To Uyen with the topic "Examining and processing legal documents in Vietnam nowadays" (2012),.… - Research related to the quality of examination and processing of legal documents by Provincial People's Council and People's Committee Dr Dong Ngoc Ba has the article "Situation and solutions to improve the quality of legal documents inspection in Vietnam nowadays", the article "Characteristics, nature, roles and elements impacting on the quality of inspection and processing of legal documents" by coauthors Hoang Linh Cam and Nguyen Thu Hoai, the article "A number of solutions to enhance the quality of legal documents inspection in the field of state management of Ministry of Home Affairs” by Vu Tien Dung, the article "Enhancing the quality of construction and examination of legal documents" by Nguyen Thi Quynh Hoa from Son La province, the author Hoang Trong Hung with the article "The role of checking, reviewing and systematizing legal documents in ensuring the uniformity and validity in the local area” when mentioning the issues of Daklak and "Legal ground - Basis for examination of legal locuments" by Nguyen Thi Van Anh from Nam Dinh province 1.1.2 Abroad research situation The book titled “Reform mechanism for the legality check of administrative documents in China” written by Meng Sheng, edited by Dinh Van Minh and Nguyen Van Toan from French (published and circulated nationally by National Politics Publisher, in 2008); “Administrative Law of the Republic of France” book co-written by Prof Martine Lombard, Panthéon-Assas University and Prof GillesDumont, Limoges Law and Economics University, released by Judical Publisher in 2007, is the most complete and detailed document on the formation and development of the administrative law system of the Republic of France, “Fundamentals of American law” edited by author Alan.B.Morrison and published by National Politics Publisher in 2007 (Administrative Law section (p.202-205)); The book named “Analyse D’ impact Resglementaire” of L.Moktar, B.Jessica, Quesbec University, France in 2015; “Legal examination: practical issues of theory and practice" co-authored by D.B Gorokhov, V.I Radchenko, N.N Chernogor et al in 2010; “Legislation Examination: Theory and Methods” (Мониторинг в правотворчестве: теория и методология) written by Yu.G Arzamasov, Ya.E Nakonechny, Moscow Publisher: Izdatelstvo MGTU N.E Bauman 2009 … 1.2 Reviewing the situation of domestic and foreign research related to thesis topic 1.2.1 The issues have been clarified which thesis will inherit These studies have clarified the basic theoretical issues related to legal documents such as control of state power; the role of legal documents; supervising the constitutionality and legality of legal documents; building and completing the legal system in the rule of law state The thesis will inherit and selectively accept the interpretation of the concept of legal documents; research results on status quo of legal document examination; acquisition of research results related to mechanisms for considering the constitutionality and legality of legal documents in general Legal document examination mechanism is a proper activity aimed at ensuring the objectivity, constitutionality, legality, uniformity, suitability and consistency of the legal documents in general and documents of the provincial People's Council and People's Committee in particular 1.2.2 The issues related to the topic of the thesis have not been agreed and clarified that the thesis continues to study The thesis continues to study and clarify the definition of legal documents, the concept of examining and processing legal documents (distinguishing them from other relevant concepts such as supervision, inspection, evaluation and review) .; to develop content evaluation criteria for checking the constitutionality, legality and consistency of legal documents issued by provincial level to serve as the basis for the examination and handling of legal documents; To clarify the unclear concepts such as the quality test of documents; development of criteria for assessing the quality of examination and processing of legal documents; the impact factors and measures to ensure the quality of inspection and processing of legal documents of provincial People's Council and People’s Committee The thesis will study and evaluate the quality of the examination and treatment of legal documents in accordance with the Law on the promulgation of legal documents in 2015, showcase the reasons for the results and the causes leading to the limitations of inspection and processing of legal documents of provincial authorities in recent years Based on that, the thesis will propose comprehensive solutions to improve the quality of examination and processing of legal documents by provincial People's Council and People's Committee Summary of Chapter The research related to the examination and processing of legal documents by Provincial People's Council and People's Committee has been mentioned at different levels by local and foreign authors The content has been studied, clarified and reflected in the local and oversea research such as the theoretical content of legal normative documents, legal normative documents of local authorities, the meaning of inspection and processing legal documents in general and legal documents of local authorities in particular The issue of establishing criteria for assessing the quality of examination and treatment of legal documents is seen as a new topic that needs to be discussed in full and in depth Chapter of the thesis has brought together national and international research projects, focusing on relevant fields: research on legal documents, completeness of the legal system, examination and processing of legal documents…On the basis of this study, the thesis indicates the content that has been clarified and agreed on the theory and practice And also on the basis of reference, to absorb the results of these studies, the thesis clearly defines the direction of research: focus on clarifying the issues inconsistent, even contradictory views; developing new concepts or discussing the urgent issues that need to be addressed in terms of the quality of examination and processing of legal documents; the need to improve the quality of inspection and processing of legal documents by provincial People's Council and People's Committee CHAPTER 2: THEORETICAL ISSUES OF THE QUALITY OF INSPECTION AND HANDLING OF REGULATORY DOCUMENTS OF THE PROVINCIAL PEOPLE’S COUNCIL AND THE PROVINCIAL PEOPLE’S COMMITTEE 2.1 Overview of legal documents of provincial People's Council and People's Committee 2.1.1 The concept of legal documents According to Article of the Law on promulgation of legal documents in 2015: "Legal documents are those documents which contain legal information promulgated in accordance with the authority, form, order and procedures stipulated in this Law, otherwise, they are not legal documents "[126] The legal norms are interpreted as "The general rules of conduct, which are compulsory and repeatedly applied to agencies, organizations and individuals nationwide or to certain administrative units, issued by state agencies and competent persons defined in this Law and be guaranteed to implement by the State"(Item 1, Article 3) [126] Compared to the definitions in previous laws, it can be seen that this regulation has clearly defined the legal norms and takes into account the situation that may occur in the realm of legal regulation 2.1.2 Legal documents of Provincial People's Council and People's Committee From analyzing and clarifying the concept of legal documents above, the legal documents of the provincial authorities can be defined as follows: "Legal documents of provincial People's Council and People's Committee are documents containing legal norms issued according to the competence, form, order and procedures prescribed by law, aimed to adjust the social relations arising in the management process in the provinces or central cities; compulsory enforcement " 2.2 Inspection and processing of legal documents by provincial People's Council and People's Committee 2.2.1 Inspection of legal documents by provincial People's Council and People's Committee 2.2.1.1 Definition i) Inspection of legal documents The inspection of legal documents can be defined as the examination, assessment and conclusion of the constitutionality, legality and uniformity of legal documents Unlawful documents shall be checked and treated" ii) Inspection of legal documents of Provincial People's Council and People's Committee Inspection of legal documents of Provincial People's Council and People's Committee is the consideration, assessment and conclusion by the competent body in accordance with the provisions of law to the constitutionality, legality and uniformity of the legal documents issued by Provincial People's Council and People's Committee; the violations, if any, shall be treated 2.2.1.2 Guidelines for the examination of legal documents of provincial People's Council and People's Committee Inspection of legal documents by provincial People's Council and People's Committee must comply with the following principles: First, it must ensure the comprehensiveness, timeliness, objectivity, publicity and transparency Second, it must ensure the proper authority and procedures If in the course of inspection, any violation of competence and procedures is detected, the inspection shall be invalidated Third, it is the combination between the inspection of the authorized body and person with the self-examination of the agency and individuals who issue the documents Fourth, it must ensure coordination among relevant agencies Step 4: Report on results of document inspection and proposal for treatment Step 5: Conclusion Step 6: Where the agency or person who promulgated the document fails to handle the unlawful document or the inspection agency disagrees with the handling measures, the inspection agency shall report it to the competence authority or individual to consider and handle according to regulations iii) Procedures for checking documents according to geographical areas, specialties, branches and sphere The process of checking documents according to geographical areas is taken by the following steps: Step 1: Upon detecting that the documents show signs of law violation and have great socioeconomic impacts, if necessary, the agency or person competent to examine the document shall decide to set up an inspection team at location of the agency issuing the documents Step 2: The inspection team shall examine, conclude, propose or report to competent agencies or persons for consideration and proposals on the handling of unlawful documents; At the same time, to propose for the consideration of the responsibilities of the agency, the person who makes or promulgates the unlawful document; Step 3: In case of setting up an inter-branch inspection team to examine documents according to geographical areas, the agency who has the documents to be checked shall coordinate with the inspection agency in charge of preparing the necessary conditions for the inspection team to check and implement the inspection plan in accordance with regulations 2.2.2 Treatment to legal documents of Provincial People's Council and People's Committee 2.2.2.1 The concept of treatment to legal documents of Provincial People's Council and People's Committee "Treatment to the legal documents of Provincial People's Council and People's Committee is the operation of state agencies and competent individuals in the application of impact measures to legal documents issued by Provincial People's Council and People's Committee violate the requirements during inspection process " 2.2.2.2 T content of treatment to legal documents of Provincial People's Council and People's Committee According to the prevailing laws, there are two forms of treatment, either to unlawful documents or to persons who have promulgated such unlawful documents 2.2.2.3 The subject handling the legal documents of Provincial People's Council and People's Committee i) In principle, inspectors are also competent to handle the documents However, this is not always the case Pursuant to Article 118 of Decree No 34/2016/NĐ-CP, the Minister of Justice shall submit to the Prime Minister for handling unlawful documents, including matters related to legal documents issued by Provincial People's Council and People's Committee specified as follows: - Suspending the implementation, annulling in part or in whole of unlawful decisions issued by Provincial-level People's Committees and People's Committees in special-administrativeeconomic units - Suspending the implementation in part or in whole of unlawful resolutions issued by provincial-level People's Councils and People's Councils in special administrative-economic units, and at the same time, requesting the Standing Committee of the National Assembly for rejection In addition, the Minister of Justice also has the right: - To submit to the Prime Minister for decision to suspend the implementation of unlawful resolutions issued by provincial-level People's Councils and People's Councils in special- 10 administrative-economic units, which are related to many branches and spheres on state management; - To propose the Prime Minister the decision to suspend the implementation or annulment of part or whole of unlawful decisions issued by provincial-level People's Committees and People's Committees in special-administrative-economic units which are related to many branches and spheres on state management; ii) Ministers and heads of ministerial equivalent bodies shall also submit to the Prime Minister for decision: - To suspend the implementation of part or whole of unlawful resolutions issued by provincial-level People's Councils or People's Councils in the special administrative-economic units on branches or spheres under their respective management, and at the same time request the Standing Committee of the National Assembly to abolish them; - To suspend the implementation or annul in part or in whole of unlawful decisions made by provincial-level People's Committees and People's Committees in specialized administrativeeconomic units on branches or spheres under their respective management 2.2.2.4 Procedures and measures to deal with legal documents issued by People's Council and People's Committee showing signs of violation i) The inspection agency shall send the inspection conclusions to the ministers, heads of the ministerial-level agencies, heads of the agencies attached to the Government, chairman of People's Council or People's Committee where the documents are examined to direct and arrange the handling of documents according to regulations ii) If detecting that the examined documents contain unlawful, conflicting or overlapping contents with higher legal documents issued thereafter or such examined documents are not reasonable, feasible and suitable to the socio-economic situation; all or part of the documents serving as a basis for the issuance of the inspected document have been replaced, amended, supplemented, abolished, suspended or otherwise invalidated in writing by the competent State bodies If the contents of the document are no longer compatible with the current law, the inspection agency shall propose the agency who issued the documents to review and handle according to regulations iii) On the basis of illegal contents and the extent of damage caused by unlawful documents, the inspectors shall propose the agencies or persons that have promulgated unlawful documents must promptly apply remedies due to the promulgation and implementation of unlawful documents 2.2.3 Meaning of checking and handling legal documents of Provincial People's Council and People's Committee Firstly, the inspection and handling of legal documents of the provincial People's Council and People's Committee contributes to ensure the constitutionality, legality and uniformity of the legal system Secondly, the examination of legal documents of the Provincial People's Council and People's Committee is important in maintaining the state management order and ensuring the legitimate rights and interests of citizens, organizations and collectives in local areas Thirdly, the examination of legal documents of the Provincial People's Council and People's Committee contributes to improve the process quality of building and promulgating the documents of the local authorities Fourthly, the examination of legal documents by local authorities is important in ensuring the feasibility of the document, which effectively applies the documents in practice in the right direction that provincial authorities expected 2.3 Quality of inspection and processing of legal documents by Provincial People's Council and People's Committee 11 2.3.1 Concept, quality characteristics of examination and processing of legal documents by provincial People's Council and People's Committee 2.3.1.1 Quality inspection processing of documents "The quality of inspection and handling of legal documents by provincial-level People's Council and People's Committee is a synthesis and unification of the properties, specific values and nature of inspection and handling activities of legal documents by provincial-level People's Council and People's Committee, reflecting the capability to satisfy the requirements and tasks of the examination and handling of legal documents under the law" 2.3.1.2 Characteristics of quality inspection and processing of documents i) Quality is measured by satisfaction of demand ii) The quality of examination and treatment of documents is an ever-changing factor in terms of time, space, socio-economic situation of the locality iii) The quality of examination and processing of legal documents by the provincial People's Council and People's Committee is closely linked to all characteristics of the inspected subjects (Resolutions of provincial People's Council and People's Committee) and the demands of affected subjects (the individual or organization with / without the need to consider the legality and reasonableness of the documents) and competent state agencies (attention of the ministry or branch for documents issued by the local authorities;…) iv) The quality of examination and processing of documents can be clearly stated in the form of rules and criteria, but sometimes can not be described clearly, can only be perceived or sometimes only discovered in use 2.3.1.3 Subjects evaluating the quality of examination and handling of legal documents by provincial People's Council and People's Committee The subjects who assess the quality of examination and processing of legal documents by provincial People's Council and People's Committee are other social institutions such as the Fatherland Front, media agencies and citizens 2.3.2 Criteria for evaluating the quality of examination and handling of legal documents by provincial People's Council and People's Committee i) First, legal documents inspection must ensure the timeliness ii) Second, legal documents inspection must ensure the comprehensiveness iii) Third, legal documents inspection must ensure accuracy and lawfulness iv) Fourth, the processing of unlawful legal documents ensures the timeliness, the correct application of the measures and the recommendations made by the document-inspection agencies 2.3.3 Method of assessing the quality of examination and processing of legal normative documents of provincial People's Council and People's Committee Some of the following forms can be used to measure the quality of inspection and processing of documents: i) Form of analysis of annual reports and periodical reports ii) Multiple choice surveys iii) Positive feedback from the society 2.4 Factors affecting the quality of examination and processing of legal documents by provincial People's Council and People's Committee 2.4.1 Legal element - The inspected objects (kind of documents) must be specified; The inspection and handling competence (the agency has the right to check and handle corresponding documents); Principles, contents and forms of inspection and processing; 12 - The criteria for the evaluation of the documents (criteria for legality and especially rationality) must be specified - The legal system must clearly stipulate the order and procedures of inspection and processing 2.4.2 Capacity of the inspector Capacity is expressed in two respects: First, a fully qualified body (specialized agencies with professional sections and sufficient number of people to perform the task of inspection); Second, expertise of the competent person or of the advisory team on the handling of documents In addition, the capacity of document reviewers is an important factor that directly affects the ability of the competent authorities to inspect and process the documents 2.4.3 Socio-economic factors Any social activities in general, the operation of state power in particular, are linked to socio-economic conditions Inspection and processing of legal documents by the provincial People's Council and People's Committee is not beyond that principle Socio-economic conditions are the foundation on which social consciousness (political and legal consciousness, etc.) are formed and developed Summary of chapter Legal documents are an essential and effective means to help local authorities in general and provincial governments in particular exercise local executive powers, ensuring comprehensive management on every aspect of social life In the process of issuing legal documents, the provincial People's Council and People's Committee can not avoid mistakes Inspection of legal documents is to ensure the detection of errors, assessment and consideration on the constitutionality, legality and consistency of the legal documents in order to take timely measures The examination and processing of documents requires quality that brings positive impacts on the social relations and strengthens the legal environment of the locality 13 CHAPTER CURRENT SITUATION OF THE QUALITY OF INSPECTION AND HANDLING OF REGULATORY DOCUMENTS OF THE PROVINCIAL PEOPLE’S COUNCIL AND THE PROVINCIAL PEOPLE’S COMMITTEE IN VIETNAM 3.1 Quality of inspection and handling of regulatory documents of the Provincial People’ Council and the Provincial People’s Committee 3.1.1 Quality of inspection of regulatory documents of the Provincial People’ Council and the Provincial People’s Committee 3.1.1.1 Test quality is demonstrated through the comprehensiveness of the test operation - Examining legal documents according to the competence Between 2003 and the end of March, 2013, Ministries, branches (including the Ministry of Justice) examined 2,310,228 documents of the locals among 2,353,490 documents received (the number of legal documents is 232,709, accounting for 10% of the total) [29]; In 2014, based on documents sent by the agencies, Ministries, ministerial-level agencies (including the Ministry of Justice) checked 7,393 documents (including 7,036 legal documents)[30] In 2015, similarly, 6,005 documents (including 5,858 legal documents) were inspected by ministries, ministerial-level agencies (including the Ministry of Justice) [31] - Examination of legal documents in the form of self-inspection From 2003 to the end of March 2013, local authorities checked 3,655,149 documents (212,622 legal documents, accounting for 5.8% of total local documents) [29]; In 2014, the provinces themselves inspected 1,253,419 documents (including 41,401 legal documents) [30]; By 2015, localities examined 103,328 documents (including 28,694 legal documents) [31] - Inspection of legal documents according to geographical areas and topics In 2014, Ministry of Education and Training, Ministry of Construction, Ministry of Labor, Invalids and Social Affairs and many localities such as Hanoi, Ho Chi Minh City, Hai Phong, Cao Bang more focused on the examination of documents directly at the agencies and units under their management and inspection according to the topics, particurlarly in the fields of: resources - environment, commerce, construction, education and training, ethnicity, culture, health - Inspection of legal documents according to information sources In 2016, the results of examining documents in the field of internal affairs conducted by the Ministry of Internal Affairs in some localities as follows: 24 documents issued by the People's Council and People's Committee of Ha Giang province have been examined (including 20 documents were issued in the form of legal documents and 04 documents were issued in the form of administrative documents)… 3.1.1.2 The quality of the documents examination through the timeliness of the test operation Inadequate examination of legal documents received also frequently occurs, which is reflected in the rate of the document being examined is low compared with the received documents for inspection In 2008, the Inspection Department of legal documents - Ministry of Justice received 4,646 legal documents, classified and commissioned 2,025 documents, checked 1,968 documents (reached 43.58%); In 2009, there were 4,005 documents, 1,908 documents were classified and assigned for inspection, 1,291 documents were checked (reached 32.23%); In 2010, among 4,109 documents received, 2,131 documents were examined (achieved 51%); In 2011, among 4,219 documents returned, 1,774 documents were checked ( achieved 42.04%) In recent years, inspection rates have been rising more than 70% Thus, a large number of legal documents have been missed, failed or delayed for inspection [187, p.100-101] 3.1.1.3 Quality inspection must ensure the accuracy and lawfulness 14 Through inspection, the competent agencies have discovered documents with contents and forms contrary to the provisions of law Violations are detected in a very specific and accurate way - Compliance with regulations during the inspection In fact, many documents have not been submitted to competent authorities for inspection as prescribed In addition, the authorities have to investigate themselves, seek self-regulatory documents under their jurisdiction on the internet to serve the examination of documents - The adoption of inspection methods and techniques In general, the self-inspection has been carried out in most ministries, sectors and localities It can be said that the self-inspection process was implemented with the results of the next year higher than the previous year in terms of both quantity and quality, resulting in many positive changes 3.1.2 Quality of handling of regulatory documents of the Provincial People's Council and the Provincial People's Committee - Quality of processing of legal documents must ensure the timeliness From 2003 to the end of March 2013, on the basis of documents found to have signs of violating the lawfulness of documents (30,115 documents), the ministries, sectors and localities have handled 29,227 documents, accounting for 97% of total documents with signs of violation (including 4,351 documents with presentation mistakes that have been recognized for correction by issuance agency, 24,840 remaining documents are processed in accordance with the law); 888 unlawful documents have been included in the plan for handling according to the regulations and are currently being documented and processed by the agency [29] In 2014, ministries, agencies and localities have processed 8,360 documents (of which 7,159 documents have been addressed in accordance with the law and the remaining documents with presentation defects have been reviewed and amended by the agency which promulgated the document); and 1,319 unlawful documents included in the plan for handling are currently being processed by the issuance agency according to regulations [29] In 2015, the total number of violating documents proposed for fixation is 2,274, in which 2,214 were processed [30] - The quality of processing of legal documents through the measures to be applied, the recommendations made by the document-examining agencies The handling can be made by request to adjust the document or recommendations to strengthen the examination and processing of documents regularly; or suggestion to improve the qualification of officials issuing documents 3.1.3 Actual status of factor impacted to checking, processing quality of document of People’s committee and People’s Council at provincial level 3.1.3.1 Institutional factor According to thesis “Accomplishment of promulgation procedure and implementing legal document of local authority at provincial level”, via actual survey, it shows that: As there is no legal document regulated uniformly regarding the establishment and promulgation of legal documents at local authorities levels, therefore, to establish one reasonable procedure for activity to establish and promulgate of legal documents, some localities, mostly the People’s Committee has initiatively promulgated regulations under many forms to manage the compiling of legal documents at locality Although in localities, the procedure to promulgate of legal documents has been formed but contents of each step in the procedure at each locality is not unified [148, tr.77 - 78] 3.1.3.2 Human resource factor I) the accomplishment of apparatus organization In many years, line agencies from Central to local have spent necessary investment to document checking and processing work Up to 2014, the work to establish the organization, arrange permanent staff to implement legal document checking work has been continued being 15 paid attention by many Ministries, sectors, localities and created favorable condition to consolidate, strengthen At ministries level, legal organization has been arranged suitable permanent staff to help the Minister, Head of mistrial equivalence level organization to implement the checking documents i) Quality of human resources Team of document checking staff gradually has been increased in professional quality and having more responsibility spirit to the work ii) The arrangement of permanent staff and implementation expenditure Besides the staff and employee team who have been assigned duty to check, process documents, Ministries, organizations with Ministrial equal level and locality have emphasized to the strengthening, develop collaborate staff to check document to mobilize experts who have quality, experiences in other professional aspects, establish collaborator network at many different aspects, sectors to contribute to raise quality, efficiency in document checking work iv) Regarding competence training, fostering work In 2014, some Ministries, localities, organization equal to Ministry have paid attention to the organization of training for staff, employees, collaborators to work in document checking at Ministries, sector, locality at district and communes to justice work at department, sectors, through that speeding up and guidance to implement the duty to check, process documents, remove difficulties and hindrances in the implementation of work, at the same time, popularize and exchange experiences in order to raise skills, competence and process legal documents.… V) Regarding the mechanism and policy and other conditions to ensure the document checking work With the launch of Circular Letter No.122/2011/TTLT-BTP-BTC dated 17/8/2011 of Ministry of Finance and Ministry of Justices, regulations on the establishment of estimation, management, using and settlement of expenditure to ensure to the checking, processing, reviewing and systematize legal document system, expenditure level has been raised significantly For the locality, at IV quarter annually, Departments, Sectors on the basis of estimated program to establish document of locality presided by themselves, carry out the establishment of expenditure to serve the editing, compiling, checking and reviewing documents Department of Finance summaries generally from Departments, Sector and report to the People’s Committee of the City On that basis, the People’ Committee of the City submits to the People’Council to decides budget expenditure of next year at the meeting session However, expenditure regime should be regulated at InterCircular letter No 122/TTLTBTC-BTP dated 17/8/2011 of Ministry of Finance and Ministry of Justices guidance on the management and using of expenditure to ensure to legal document checking and it is still too low, not equal and worthy to the importance of establishment, promulgation and checking, processing legal documents Current level on financial mechanism, remuneration and expenditure has not been suitable to reality; besides, there is no referred mechanism to encourage, support staff that does checking work 3.2 Comments on checking, processing quality of documents of People’s committee and People’s Council at provincial level 3.2.1 Achieved results 3.2.1.1 The Government and locality have paid attention to accomplish entire institution to be foundation for legal document checking, processing activity in general, in which there is legal document of the People’s committee and People’s Council at provincial level During recent period, People’s Committee and People’s Council at provincial level and city directly under the Central Government have actively establish, accomplished institution, generate legal framework to serve checking activity of legal documents of locality gradually comes to stability 16 3.2.1.2 Quality of checking of legal documents of the People’s Committee and People’ Council at Provincial level is gradually increased/ Through above mentioned summarized data, it is permitted to confirm that checking legal documents work of the People’s Committee and People’ Council at Provincial level has changed by positive direction The next year increased in comparison to previous year If it is evaluated mechanically, increased ratio shows the active from checking point of view, (but it is not positive if it is reviewing on the point of view of document promulgation quality) The quality is increased both on the number of cases and method of document processing 3.2.1.3 Has seriously implement procedure to process legal document of checking of legal documents of the People’s Committee and People’ Council with illegal signs The main duty of legal document checking line agencies is the organization to check, find out illegal sign of legal documents, to issue notice, proposal, recombination to process documents, line agencies promulgating documents self process and inform processing results to checking organization, speeding up, know the situation and follow up processing results of those documents in order to reach the final objectives so that illegal documents should be ceased on time regarding the implementation, amendment, cancellation and repair document, to ensure legal, constitutional, agreement and overall of legal system 3.2.1.4 Checking conditions to ensure to the checking activity gradually meet to actual needs Deprivation from the awareness on the important of legal document checking activity, Ministries, organizations with Ministrial equal level and line agencies at localities have paid more attention and invested on expenditure as well as establish database system to serve the legal document checking work With the launch of Circular Letter No.122/2011/TTLT-BTPBTC dated 17/8/2011 regulated on the establishment of estimation, management, using and settlement of expenditure to ensure to the checking, processing, reviewing and systematize legal document system, expenditure level has been raised significantly 3.2.2 Limitations on quality of checking of legal document s letters of the People’s Committee and People’ Council at provincial level Although there are above perspective results, but at the research, profound study from actual it shows that legal document processing activity of the People’s Committee and People’ Council has much limitation 3.2.2.1 Many cases legal documents have illegal sign which have not been processed by line agencies In fact, during recent period, it shows that authority line agencies carries out checking activity and found many legal documents with illegal sign, and notice has been sent to promulgation line agencies to self process by regulation But many legal documents have not been self checked and processed on time by promulgation line agencies after receiving notice of authorization organization 3.2.2.2 There is pending status of non compliance of legal regulation on processing procedure of legal documents have illegal signs In fact, the following up of legal document processed procedure with illegal signs of legal document checking line agencies with promulgation organizations have not been strict The violation on process illegal documents also been presented through the promulgation organizations have not reported to checking organization on processing status of that illegal documents 3.2.2.3 Has not tracked liability on authorized, organization in the promulgation, advance on the promulgation of legal document and organization, authorization person who have legal violation behavior in the processing of legal documents It is possible to say this is weakest, “most sensitive”points of current legal document processing activity During the process to check and process legal document with illegal sign, 17 checking organization has sent notice to recommend legal document promulgation line agencies self process in the term of 30 days according to the regulation of the law but many Ministries, provinces, cities have not carried out, implemented but not accurate or implement but beyond above mentioned duration 3.2.2.4 The coordination between checking and promulgation legal document organization as well as collaborators has not been close The support, coordination of organization that promulgates legal document is also favorable conditions to contribute to raise efficiency to legal document checking work In spite of this, there is some locality, due to they have not aware in full the importance of checking work, therefore, in fact, they have not speed up tightly, direct junior level Besides, line agencies have initiatively use collaborator team effectively, many legal organization of Ministries, sectors, legal Justices organization at locality has not paid attention and take advantages to use those teams, in the meanwhile the special in charge team is in shortage, most of them work as incumbent position 3.2.2.5 Team who implement the work to check, process document have been paid attention by Government and locality but they have not met requirement Checking, processing of document is complicated and a difficult work, the processing of document requires profound profession and competence knowledge, in the meanwhile, justice staff team at some localities have limitation on competence, they not know how to distinguish between specific administrative document and legal document, the fostering and training to raise capacity for staff have not been carried out regularly and effectively, policies, remuneration polices has not been encourage staff to pay full attention and endeavor to the work 3.3 Reasons of actual status of factor impacted to checking, processing quality of document of People’s committee and People’s Council at provincial level The results and the limitations in the examination and processing of legal documents of the People's Council and People's Committee in our country in the past few years for the analysis above are derived from certain objective as well as subjective 3.3.1 Cause of the results 3.3.1.1 Due to the direction and control of competent agencies in the promulgation of documents Obviously, the serious and regular leadership and direction of the Ministry of Justice in the examination and handling of documents can not be negated In the locality, it is the close watch of the provincial People's Committee in guiding and regulating the promulgation of documents as well as implementing the inspection of the promulgation of documents according to the self-check and function examination mechanism 3.3.1.2 The investment of the central judicial management agency for the personnels who perform the task of inspecting and handling documents Currently, the Ministry of Justice has organized professional training courses on checking, reviewing and systematizing documents for officials doing this work at the ministerial and local agencies (02 professional training courses are operated in 2015 ); To closely coordinate with the ministries and branches in providing professional guidance on the inspection, review, systematization and integration of legal documents, to appoint a number of leaders and officials of the Ministry to participate in the professional training for ministries and sectors In addition, the Ministry of Justice organized a workshop to exchange experience on regular review, assessment of legal documents with the participation of representatives from Ministries, branches, localities and a number of units under the Ministry as stipulated in Decree No 16/2013/NĐ-CP and Circular No 09/2013 / TT-BTP 3.3.1.3 The effort of staffs who the inspection and processing of documents work 18 Logically, with the increasing volume of documents, in the context of limited state budgets, low income, increasing pressure on many sides, the achievements in inspection and processing documents mentioned above can not deny the efforts of agencies and civil servants to perform the task of advising, directly inspecting and handling documents 3.3.1.4 Legislation is more and more complete Although not a complete system of norms on the promulgation of documents, on the inspection and processing of documents, the legal provisions from the central to local currently has been increasingly developed in a more positive, regulated, consistent and appropriate manner 3.3.2 Causes of quality constraints in examining and processing legal documents of provincial People's Council and People's Committee 3.3.2.1 The shortcomings of the legal system i) Many provisions of law are not specific, there are conflicts, overlap, causing difficulties for the locality in the work of building and examining documents The lack of uniformity of legal provisions on the inspection and processing of legal documents is one of the main reasons leading to limitations in this work ii) The criteria for assessing the quality of documentary examination activities in general and assessing the legal documents issued by the provincial People's Council and People's Committee have not yet been formulated At present, there are no regulations on specific criteria for evaluating the quality of document examination (the completeness and timeliness of inspection activities, the omission of contents and documents contrary to law ) Therefore, whether the documents are checked in time or not, missed, checked or illegal content is omitted (although it has been checked), there is no provision as a basis for evaluation iii) The law does not provide a time limit for the examination of legal documents after receiving documents sent by the issuing agency In fact, inspection work is sometimes slow, even four (five) years after the document was promulgated (from 2004 to 2010), meanwhile, it should have been checked immediately to minimize the consequences (if any) iv) Self-examination and examination according to competence are not clearly distinguished Before 2016, responsibilities of issuing agencies and individuals as well as inspection agencies and document inspectors are specified ambiguously in the Decree 40/2010/ NĐ-CP, the role of inspection work is unclear, no one is responsible and no one has been handled for illegally issuing documents [96, tr.57] 3.3.2.2 Lack of a non-systematic judicial system leads to inefficiency in the handling of legal documents and legal liability for the issuing of legal documents According to the administrative mechanism of our country at present, there is not only one agency but many competent agencies to check the legal documents Moreover, the examination of legal documents in general, of the provincial People's Council and People's Committee in particular has not been a legal institution, therefore, in case the competent authority inspecting the document supposed that a document is unlawful, the agency or individual who issued the document confirms that it is lawful, it is very difficult to handle At present, the mechanism of checking the legality of legal documents issued by Ministers, Heads of ministerial-level agencies and localities in Vietnam still does not really change much in the Law on Promulgation of Documents in 2008 In Articles 90 and 91 of this law, the Government and Prime Minister (with the participation of the Ministry of Justice) have the power to inspect and handle legal documents issued by the ministries, the ministerial-level agency showing signs of law violation; Ministries and ministerial-level agencies have the power to inspect and handle legal documents that are illegal in their own sector or in the areas assigned to them The same principle applies to the whole locality Unfortunately, in the mechanism of 19 assessing the legality and legitimacy of legal documents, there are no provisions on the right of people to request, review and assess the legality of legal documents The role of the Administrative Court has not really been taken into account when the examination of administrative documents was not carried out 3.3.2.3 Because the socio-economic conditions are incompatible with the requirements of the quality of examination and processing of documents i) The organizational apparatus for the inspection and supervision of documents of the provincial People's Council and People's Committee has not yet met the requirements In the locality, it is due to the lack of uniformity of the inspection agency in the locality The competence of staffs who inspection work is still weak (especially in the locality) not meeting the requirements of assigned work ii) On training, professional guidance and coordination in document inspection work: the content of the training courses, professional guidance is sometimes sketchy, formal with not much innovation on the way of organization leading to the boredom, repeatition of the old issues, not sticking to reality, so many theories than practice iii) Regarding database system in service of document examination: According to Decree No 40/2010/NĐ-CP and Article 15 of Circular No 20/2010/TT-BTP, Ministries and ministerial-level agencies are responsible for building the database system for the legal document examination However, up to now, there are almost no ministries, ministerial-level agencies have built and completed this database 3.3.2.4 Reasons deprived from the perception and awareness of the relevant parties It can be asserted that the perception of officials and civil servants who inspection works and awareness of the leaders of the legal document-issuing agencies on the role of legal document examination activities is not high This is one of the main reasons why the examination of legal documents has not achieved high results in recent years In addition, the agencies issuing legal documents also fall into ignorance or execute in a formal manner Many localities are too slow in dealing with legal documents, although the Inspection Department has sent a notice to the issuing agencies for a long time, but localities often not respond or respond in the form of "being reviewed, handled and have no final result" Summary of chapter In order to assess adequately and objectively the inspection and processing of legal documents by People's Committee and People's Council, it is necessary to have an overview on the organizational structure, the institution and the practical situation in the work as well as consider the conditions and means to ensure the inspection and processing of documents It is possible to assess the actual status of inspection and processing of legal documents by People's Committee and People's Council in the past time on the activities of this work as follows: Localities have built up and gradually strengthened the mechanism for the legal document examination, also have taken the initiative in building and perfecting institution on the inspection of legal documents Although there have been decrees and circulars regulating the inspection and processing of legal documents and local guidelines, the inspection and treatment of legal documents issued by Provincial People's Council and People's Committee still faces many difficulties and problems since the above documents not provide sufficient legal basis and authority for promulgation of documents (both formality and content) These obstacles create difficulties and affect the quality of inspection and processing of legal documents in general and legal documents of People's Council and People's Committee at provincial level in particular 20 CHAPTER 4: VIEWPOINTS AND SOLUTIONS TO IMPROVE THE QUALITY OF INSPECTION AND HANDLING OF REGULATORY DOCUMENTS OF THE PROVINCIAL PEOPLE’S COUNCIL AND THE PROVINCIAL PEOPLE’S COMMITTEE IN VIETNAM 4.1 Viewpoints to enhance the quality of inspection and handling of regulatory documents of the provincial People’s Council and People’s Committee Viewpoints: Firstly, the improvement of the quality of inspection and processing of legal documents issued by People's Council and People's Committee in general and legal documents promulgated by People's Council and People’s committee in particular should originate from the requirements for building and perfecting the socialist rule-of-law state of Vietnam of the people, by the people and for the people Secondly, the enhancement of the quality of inspection and processing of legal documents issued by the provincial People's Council and People's Committee is closely tied to the need of improving the legal system and strenthening the management role of local authorities Thirdly, rasing the attention and leadership of the Party, the inspection and supervision of the State and society in examining and handling legal documents of the provincial People's Council and People's Committee Fourthly, the promotion of the quality of examination and processing of legal documents promulgated by the provincial People's Council and People's Committee should stem from the current situation of existing issues, limitations and shortcomings in the inspection and processing work in local area recently Directions: - To complete the legal provisions on the objects, contents and competence of inspection and processing of legal documents to be in line with the conditions for building a socialist rule-of-law state as well as to meet the requirements in the process of international economic integration - To build effective inspection mechanisms, from detecting and receiving documents to handling and publishing results of legal documents treatment It not only focuses on inspection mechanisms from state agencies but also mobilizes the participation of individuals, organizations and the whole society Accordingly, all people have the right and actively participate in detecting, requesting the processing of legal documents that are illegal and unreasonable; - To build and strengthen the apparatus in terms of structure, conditions and working methods for functional agencies to perform the tasks of examining and handling legal documents in a rational, scientific and modern manner; - To build a contingent of cadres and civil servants working in the examination and handling of legal documents, ensuring their capability, qualifications and ethical qualities 4.2 Solutions to enhance the quality of inspection and handling of regulatory documents of the provincial People’s Council and People’s Committee 4.2.1 Completing the legal framework for the examination and processing of legal documents 4.2.1.1 Specifying the provisions of the Law on Promulgation of Legal Documents For Provincial People's Committees, the Law on the promulgation of legal documents in 2015 has been amended in the direction that only the Provincial People's Committee is authorized to issue legal documents in the form of Decision, rejecting the Directive because of its nature and form A directive is a form of document used by the People's Committee for administration, therefore, it is not appropriate to set up legal norms 4.2.1.2 Improving the process of examining and processing legal documents in order to 21 ensure the prompt and effective examination and treatment in a uniform and proper manner nationwide The current law does not provide the time limit for self-examination of legal documents for competent agencies as well as units conducting self-examination So, in fact, there are agencies to check immediately after receiving legal documents, some agencies conduct inspections after several days, even after many years Decree No 34/2016/NĐ-CP of the Government does not regulate the order and procedures for examining and handling legal documents promulgated according to the abbreviated procedures With the author, whether legal documents are issued according to common procedures or shortened procedures, the issuing agencies still have to ensure the lawfulness and rationality of such documents 4.2.1.3 Developing and completing a set of criteria for assessing the quality of examination and processing of legal documents by Provincial People's Council and People's Committee Within the scope of his research, the author refers to the following criteria: i) The inspection and processing of legal documents issued by the provincial People's Council and People's Committee ensures the comprehensiveness, timeliness, objectivity, publicity, transparency and compliance with law ii) Handling of unlawful documents must ensure seriousness, scientific appraisal iii) To accurately and promptly handle the consultants and persons who promulgated unlawful documents iv) To ensure coordination between relevant agencies 4.2.1.4 Specifying the measures of responsibility for violators in handling, promulgating or advising on the promulgation of legal documents of People's Council and People’s Committee at provincial level - Clearly defining the functions, tasks, powers and responsibilities of the competent authorities, as well as agencies in charge of coordinating to the inspection work of legal documents, having a disciplined, rewarding and timely mechanism; - Apart from dealing with agencies and persons who have promulgated unlawful documents, it is also necessary to consider the responsibilities of the agencies and persons in charge of inspection but not complete the work on schedule, not detect and apply measures to handle in time and thoroughly, causing more consequences from the existence of unlawful documents in practice 4.2.1.5 Appointment authority to handle legal documents for Administrative Court At present, the law of Vietnam has not directly and specifically given authority to handle the documents revealing signs of unlawfulness to the People's Court, particularly the Administrative Court According to the author, the law should stipulate the authority of the Administrative Court to deal with illegal documents 4.2.2 Building and consolidating the organizational apparatus of the functional agencies, enhancing the quality of the contingent of cadres and civil servants working in the examination and handling of legal documents, ensuring their capacity, qualifications and ethical qualities 4.2.2.1 About the apparatus i) Ministries, branches and local judicial agencies must also build and strengthen their organizational apparatuses to ensure the uniformity ii) Develop a coordination mechanism between competent agencies and individuals in the process of examining and handling legal documents iii) Strengthen the link between the examination and processing of legal documents with the process of formulating, reviewing, systematizing and monitoring law enforcement: 4.2.2.2 About personnel 22 Building up a contingent of civil servants to inspect and handle legal documents of sufficient quantity and capacity to meet professional conditions and standards 4.2.3 Ensure the conditions for examination and processing of legal documents issued by pronvincial People's Council and People's Committee i) Raise funds for legal document examination: ii) Invest in facilities for the examination and processing of documents iii) Improve mechanisms for handling complaints and denunciations in the examination and processing of legal documents iv) There should be specific ways to enhance the feedback from the documents user v) It should be combined with solutions related to pre-inspection, communication and reward work Summary of chapter From the analysis of the reasons for the achievements as well as the limitations on the quality of examination and processing of legal documents by provincial People's Council and People's Committee, the thesis focuses on identifying major perspectives for promoting the quality of examination and processing of legal documents The thesis proposes specific solutions to improve the quality of examination and processing of legal documents by provincial authorities, in which the author of the thesis discusses further the legal solutions Specifically, it is necessary to concretize the provisions of the Law on Promulgation of Legal Documents 2015 and Decree 34/2016, in order to ensure the processes, forms, standards and criteria in the process of promulgation of documents as well as checking and processing legal documents are clear and transparent, so that competent individuals and agencies can easily apply and follow 23 CONCLUSION Inspection and processing of legal documents is an effective mechanism to eliminate as much as possible conflicts, overlaps, irregularities and unlawfulness of current legal documents As the number of legal documents grows, the challenge of quality is also increasing This leads to the necessity to enhance the inspection and processing of legal documents to ensure the uniformity of the legal system, guanranteeing the optimal effect of state management as well as protecting the rights and legitimate interests of citizens According to the Laws on the promulgation of legal documents from the first edition to the 2015 version and the system of guiding documents, the inspection, in order to detect and promptly deal with unlawful documents after being issued, the two main methods are selfexamination and inspection according to competence The quality of examination and processing of legal documents depends on a number of factors: from the uniformity and perfection of the legal system relating to the practical application of law, as well as the capacity of the staffs of law enforcement, material and financial conditions for this work and the coordination between agencies assigned to inspect and handle legal documents To reach the final goal of this thesis which is to seek solutions to improve the quality inspection and processing of legal documents by provincial People's Council and People's Committee, the author has started from the overview of the research situation to evaluating the scientific achievements of domestic and foreign scientists related to the thesis topic, as the basis for the author to inherit the research process of the topic; identify the content left open or not agreed that the thesis will focus on research and development On the basis of that argument, the author analyzes the quality of inspection and processing of documents by the provincial People's Council and People's Committee The inspection process is evaluated in two respects: the assessment by the superior authority of the documents of the Provincial People's Council and People's Committee and the self-inspection activities of these agencies The thesis focuses on four basic solutions (institutional, human resources, material facilities and related solutions), with priority given to improving the law From the author's point of view, no solution is optimal, but the quality of cheching and the processing of the text can only be improved when we perform uniformed solutions Thus, the environment of promulgating the documents of state agencies in the locality in particular, in the whole country in general will be quickly completed, contributing to improve the efficiency of state management, creating a good legal environment for legal relationship, particularly economic partnerships 24 ... DOCUMENTS OF THE PROVINCIAL PEOPLE? ??S COUNCIL AND THE PROVINCIAL PEOPLE? ??S COMMITTEE IN VIETNAM 3.1 Quality of inspection and handling of regulatory documents of the Provincial People? ?? Council and the Provincial. .. purpose of the thesis is through the analysis of the scientific basis on the quality of inspection and handling of regulatory documents of the Provincial People'' s Council and the Provincial People'' s... DOCUMENTS OF THE PROVINCIAL PEOPLE? ??S COUNCIL AND THE PROVINCIAL PEOPLE? ??S COMMITTEE IN VIETNAM 4.1 Viewpoints to enhance the quality of inspection and handling of regulatory documents of the provincial