Summary of PhD thesis of public administrative Management: The systematization of documents of the sector of education and training

The thesis focuses on researching the DS of education and training sector under the promulgation authority of the Ministry of Education and Training. Besides, it also extends to some documents in the field of the sector promulgated that are not under the authority of the Ministry to clarify the necessity of DSN.

MINISTRY OF EDUCATION AND TRAINING MINISTRY OF HOME AFFAIRS NATIONAL ACADEMY OF PUBLIC ADMINISTRATION TONG DUY TINH THE SYSTEMATIZATION OF DOCUMENTS OF THE SECTOR OF EDUCATION AND TRAINING Field of study: Public Administrative Management Code: 62348201 SUMMARY OF PHD THESIS OF PUBLIC ADMINISTRATIVE MANAGEMENT Ha Noi- 2019 This study is completed at: NATIONAL ACADEMY OF PUBLIC ADMINISTRATION SCIENTIFIC INSTRUCTORS Assoc Prof.PhD LUU KIEM THANH Assoc Prof.PhD CHU HONG THANH Review 1:………………………………………………………………………… …………………………………… ……………………………………………… Review 2:………………………………………………………………………… ……………………………………………………….……………………………… Review 3:………………………………………………………………………… ……………………………………………………………………………………… OPENING Reason to select the study Topic: “The systematization of documents in education and training” is selected to research for the purpose of meeting the follwing urgent requirements in theory and practice: - The document systematization (DSN) of each sector and the field of state management requires that, when conducting the systematization, subjects must have deep understanding of the legal system, must be equipped with necessary skills to perform the task set out At the same time, the systematization needs to be concretized in a certain scope of operation, especially in the current context when the volume of state management documents (SND) of each sector has been promulgated voluminously - Currently, document systems (DS) in our country remains limited in both content and form such as: the inconsistency between content of documents, mutual overlap, unsuitability of many contents compared with real life, moreover, many documents are not legal documents but contain legal norms, which have caused many shortcomings in the state management for ministries and departments - The education and training sector is considered the "top national policy" As an sector with an annually huge amount of state management documents issued, however, there are many errors in these documents The sector is required to have a DS that is organized scientifically to match the requirements of search and use Therefore, it is necessary to well perform from the construction of documents to the inspection and handling of documents as well as well implement the review and DSN Hence, the DSN of the sector is an indispensable task, it must always be concerned and paid attention Purposes and tasks to research of the thesis 2.1 Purposes - Determine theoretical and practical bases for the DSN of a state management sector from the reality of the sector of education and training - Clarify the meaning of the DSN of the sector through the actual document system of the Ministry of Education and Training, thereby, clarify the role of the SMD of each ministry, sector - Propose solutions and conditions to ensure the DSN in the education and training sector with a good performance in order to improve the quality of management and use of documents, thereby, contribute to improving the effectiveness of state management (SM) on education and training for developing the country's education comprehensively 2.2 Tasks In order to achieve the purposes set out, the thesis needs to perform the following tasks: - Implement an overview research on the DSN in general and documents of the education and training sector in particular to clarify the meaning of this activity; - Research the principles and methods of professional requirement of the state management DSN as a basis to approach the DSN of the education and training sector; - Analyse the characteristics and evaluate the DSN situation of the education and training sector in the process of serving the state management requirements of the Ministry of Education and Training; - Propose solutions to get a better performance for tasks of the DSN from the sector of education and training to help the use of documents in the operation process of the Ministry as well as the education and training sector become more effectively in the coming time Objective and scope of the study 3.1 Objective of the study The thesis' object of the study is the DS of the sector of education and training 3.2 Scope of the study - About space: The thesis focuses on researching the DS of education and training sector under the promulgation authority of the Ministry of Education and Training Besides, it also extends to some documents in the field of the sector promulgated that are not under the authority of the Ministry to clarify the necessity of DSN - About content: Analyse and evaluate the DSN situation of the education and training sector at the Ministry of Education and Training At the same time, it is also mentioned that the type of documents that are not legal documents but contain legal norms to show that it is necessary to have a mechanism to review and systemize this type of document - About time: The topic collects documents for the assessment of the actual situation of the document systematization of the education and training sector in the period from 2008 up to now Research methods 4.1 Methodological basis - The thesis is implemented on the methodology of dialectical materialism and historical materialism of Marxism-Leninism - The thesis also relies on viewpoints and orientations of the Party and the State on innovating the state management, building a developmental state to implement 4.2 Specific research methods - In order to research the theoretical basis of the SMD in general and the SMD for the sector of education and training in particular, the thesis mainly uses methods of researching materials and data - The thesis uses methods of analysis, statistics, classification and system - Methods of sociological investigation: implement actual survey through "Questionnaire" - In addition, other methods such as methods of comparison, synthesis, etc are used to research problems proposed by the practice New contributions of the thesis 5.1 Theoretical contributions - The thesis contributes to clarifying the theoretical contents in the science of state management in education and training - Contribute to completing the theoretical basis of the management DSN of a specific sector - The thesis also proposes a new perspective, that is, in addition to the systematization of legal documents (LD), it is necessary to research and review and systemize non-legal documents but contain legal norms - Propose to develop a Set of evaluation criteria of the sector's DSN - The thesis has an important meaning as a scientific basis for the process of developing and promulgating the SMD of the sector in the condition of building a socialist rule-of-law state of Vietnam and building a developmental Government 5.2 Practical contributions - The thesis indicates the practical basis for competent state agencies to propose solutions for the purpose of improving the promulgating quality of the SMD of the sector of education and training - The thesis contributes to the research of completing the current law on building management DS for the sector of education, training and ministries and sectors - The thesis can be used as a reference in researching, teaching in depth on state management documents related to various management sectors and in the DSN of the sector Scientific hypotheses and research questions 6.1 Scientific hypotheses - Currently, the tasks of building management DS of many sectors, including education and training sector has not been paid adequate attention; many documents contain overlapped rules and inadequate contents; the quality of documents has not met the requirements of state management; the use of legal documents is still ineffective Researches are needed to well implement the sector's DSN, and successfully indicate violations - The team participating in the work of writing remains limited The research results will help cadres, civil servants and officials of state agencies to have experience in the work of writing when they encounter - Now, there are many documents that are not legal documents but contain legal norms, they are promulgated beyond the authority prescribed by law If the review and systematization of such documents is conducted, it will certainly help to strictly control and limit the issuance of documents contrary to the sector The arbitrary and abusive phenomena in promulgating management documents mentioned as above will be limited 6.2 Research questions The thesis will answer the following questions: 1) The state management DS of the education and training sector is a necessary legal tool, how to build to implement the functions and tasks assigned by the State?? 2) How does the education and training sector affect the management of document quality of the sector as well as the state management of the Ministry of Education and Training? 3) Why need to systematize state management documents in general but not only stop at the legal document system of the Ministry of Education and Training? 4) How to promote the DSN of the sector of education and training ? Structure of the thesis In addition to the Introduction, Conclusion, Appendix and Reference, the thesis is structured into chapters: - Chapter 1: Overview of research situation and issues related to the thesis topic - Chapter 2: Scientific basis of the document systematization in education and training - Chapter 3: The actual situation of systematizing documents of the sector of education and training - Chapter 4: Some viewpoints and solutions to strengthen the systematization of documents of the sector of education and training Chapter OVERVIEW OF RESEARCH SITUATION AND ISSUES RELATED TO THE THESIS TOPIC 1.1 Studies on systematizing documents 1.1.1 Books, textbooks - “Organization of evaluation and use of the state management document systems” of Nguyen Van Tham [75] This book outlines the review and detection of overlaps between guiding documents and guided documents - The Book of General arguments about the state and the law, Tran Ngoc Duong [41, page 238-239]: refers to the meaning and purpose of systematizing the law in general This work has mentioned the systematization of legal documents in general way, however, it has not mentioned the DSN of a specific sector - There are some studies directly related to the state management DS such as Luu Kiem [67, 68, 70] Thanh Nguyen Dang Dung, Hoang Trong Phien [40]; Nguyen The Quyen [51]; Nguyen Van Tham [76, 79] These works have mentioned the classification of state management documents to serve as a basis for the DSN in reality They research on the process of review, the DS and methods to implement; the responsibility to review, synthesize and classify reviewing documents; making a list of proposal for handling documents, including: proposals of cancellation, repeal and publication of invalid documents; proposals to amend, supplement or issue replacement documents 1.1.2 Materials of scientific workshops - Material of the Workshop "Appraising legal documents, reviewing documents, systematizing and codification" at the Vietnam - France Law House, Hanoi, in 1999 [55] - The workshop of "Experience to compare the codification of some countries in the world" organized by the Institute of Legal Sciences, 2006 Articles at the above workshops showed many viewpoints on how to conduct the codification in Vietnam and some countries in the world - Regarding the issue researched of this thesis, there are some scientific papers posted on magazines or published in workshops: + The article "Completing the legal system to meet the requirements of building a socialist rule of law state", Ha Hung Cuong, Journal of Legislative Studies No 139-140, January 2009, p 20 [39]; + Basic issues of the Draft of Ordinance on Consolidation of Legal Documents, Department of Criminal - Administrative Law, Ministry of Justice, Summary record of Workshop on Consolidation of Legal Documents held on 03-04/02/2010; + The codification on organizing and operating of the National Assembly, National Politics Publishing House, 2009; + International experience in codifying and implementing pilot codification in Vietnam - jointly organized by the National Assembly Office and United States Agency for International Development on 10/08/2010,etc The above authors have given the basic requirements in the process of implementing the systematization, has mentioned the codification work and the codification contents has been mentioned in a specific way 1.1.3 Thesis PhD thesis of research student - Nguyen Thi Minh Ha with the topic: "The legal codification on promulgating legal documents" is defenced at the Institute Of State And Law, Vietnam Academy of Social Sciences - 2007 [42] This thesis has mentioned the task of codification as an advanced systematic direction that is being specially concerned by scientists in recent time and has obtained initial research results 1.2 Studies related to the sector's document systematization 1.2.1 Books, textbooks, materials, magazines - “Organization of evaluation and use of the state management document systems” of Nguyen Van Tham in the book of drafting and handling SMD- National Politics Publishing House, 2001 [75] “Basic issues of state administration and civil service regime”, of the Ministry of Home Affairs (2016), used for rank promotion exams from specialist to principal specialist, issued by the National Politics Publishing House in 2016 [16] - “The promulgation of documents on state management” of Nguyen The Quyen (1996), People's Public Security Publishing House, Hanoi, 1996 [51]; “Textbooks of techniques to build documents” Nguyen The Quyen, Luu Kiem Thanh (2004), People's Public Security Publishing House, Hanoi, 2004 [52] These works have classified the system of state management documents into three types, including: Legal documents, administrative documents (AD) and specialized documents (SD) The authors focus on reviewing LD, AD, and SD and think that, in these document systems, there are documents containing regulations on management field of a certain ministry or sector - “The remedy of the disorder in the legal document system” , an article of Assoc Prof PhD Chu Hong Thanh in the Lawyer Journal No 5/2014 [73], said that the law produced does not go into life as a present risk, many regulatory legislators with no less embarrassment are asking"life must go into the law" Many legal documents with nonpractical regulations and proposals causes reactions in public opinion, negative impacts on social life, leads to the damage of budget and expensive expenses for making policies and building the law - In general, Federation authors [99; 93; 95; 97],etc also distinguish: document systematization (систематизация документов); legal document systematization (cистематизация правовых актов); administrative legal document systematization (cистематизация норм административного права), ; general legal documents (oбщие нормативные акты) and particular or specialized legal documents (специальные нормативные акты); specialized – technical documents (cпециальные нормативнотехнические документы), in which, it can include: LD (нормативные), guiding document (методические) and consulting documents (справочные документы), Thus, Here, the authors have not mentioned issues related to the DSN of a specific sector - Some Western study authors, such as: Reading beyond Words.1995[100] and The elements of drafting Melbourne.1995 [102] also found that in addition the LD system, there is an objective existence of AD and SD system Although they not study deeply but they only guide the practice of drafting such documents on the basis of available “model”, “form”, however, the concept of “specialized documents”, “specialized texts” also mainly indicates specialized “field” of the document, it has not mentioned document system of a specific filed or indystry of management - “Some solutions to complete document system specialized in Education and Training” Education Magazine, No 226 (part 2- 11/2009) of Luu Kiem Thanh and Tong Duy Tinh [74], This article has highlighted the important role in the state management of the group of specialized documents for the Ministry of Education and Training Thus, solutions to build and complete the SD system of the Ministry of Education and Training were proposed 1.2.2 Experience to systematize from some countries in the world - In China: “The process of re-codification and the structural model of the Civil Code in China”, Bui Thi Thanh Hang, Do Giang Nam[47], researched and thought that: the implementation of codification must be prepared carefully , meticulously, not in a hurry,etc but must be implemented in a public way to have time to debate and criticize in order to find the most effective solution, it will become successful 10 enforcement of the law become effective and convenient, to enhance the publicity and transparency of the legal system [ 36] The ultimate purpose of reviewing and systematizing legal documents is the guarantee for the existence of a legal system that is enough "strength" to realize people's aspirations in a controlled order [50] 2.2.4 Forms of the systematization of legal documents Systematizing the law is an activity to rectify the law, put it into a certain system It is also an activity to gather, arrange legal documents that have been reviewed and validated according to the criteria specified in Decree No 34/2016/ND-CP (Clause Article 2) [36] 2.2.4.1 Gathering legal documents Gathering legal documents is the collection and arrangement of legal documents, separate legal documents in a certain order (in accordance with the promulgating agency, promulgating time and with the level of legal effect) This form does not change the content of the documents, but it eliminates the legal documents that have expired or contradict the legal document with higher effectiveness 2.2.4.2 Codifying the legal documents Codifying is the activity of a competent state agency, in which, it not only gather available documents in a certain order but also eliminate outdated rules Its result is to have a new legal document, or to get higher, or broader legal effect, to get more general in the scope of adjustment, more complete in the legislative techniques, or to achieve all those factors at the same time Thus, the codification is very close to the concept of law making (or law building) ”[64] 2.3 Issues about the document systematization of the sector 2.3.1 Legal basis of the sector's document systematization Building and promulgating documents on state management of all sectors must comply with the provisions of the law: the Constitution, the Law on legal document promulgation, the Government Decree stipulating a number of articles and measures to implement the Law on legal document promulgation , guiding circulars of the Ministry of Justice, the Ministry of Home Affairs, the Government Office and the Minister in 14 charge on the implementation of the Government's decree on the system of documents on state management 2.3.2 Purpose of the document systematization of the sector of education and training - Create a document system that is organized scientifically, "orderly"; - Detect conflicts and gaps of the document system to serve the construction and completion of a legal system favourably; - Clarify content that is suitable or not suitable to the requirements of social life, create a convenience, ease to understand for using, so that accessing to legal regulations can be easy and quick.; - Create a legal premise to complete the legal system, helping Vietnam quickly integrate with the region and the world; - Help to detect illegal, contrary, overlapping regulations or unsuitable regulations to the development situation of the sector easily for the purpose of proposing to competent state agencies to promptly amend and supplement, replace, suspend the implementation or eliminate violation documents 2.3.3 Practical basis of the document systematization of the sector of education and training For Vietnam's education and training, when it is considered the "top national policy", if lacking a system of documents of the sector that is organized scientifically, it is difficult to catch up with the regional and global education The management of the sector of education and training are still inadequate, limited, sometimes, people and the society still have doubts, lack true beliefs in the fundamental and comprehensive innovation of the sector Especially issues such as training programs, types of training, training institutions, training teams, training funds, training time, training quality, professional ethics, etc These contents are always the subject to debate between the National Assembly and the Minister of Education and Training at parliament of the National Assembly sessions Therefore, it is necessary to review and implement the DSN of the sector timely and comprehensively 2.3.4 Process to systematize the sector's documents 15 The DSN's process is applied in accordance with the Decree No 34/2016/ND-CP of the Government, there should be the following steps: Step 1: Plan to review, implement the DSN of the sector; Step 2: Collect, gather and classify documents; Step 3: Evaluate documents to improve the quality of classified groups of documents; Step 4: Handle results of the review, DSN [34] 2.3.5 Criteria to evaluate the effectiveness and factors affecting the systematization of documents of the education and training sector 2.3.5.1 Criteria to evaluate In order to evaluate management documents of the sector of education and training, it is necessary to base on general characteristics of materials under the sector of education and training [75] Building a set of criteria to evaluate the quality of the review and systematization of legal documents of the Ministry of Education and Training is essential Because it will help the Ministry to monitor and grasp the situation of the review and DSN timely (see PL V, Table 2, Question 8) The Set of criteria should be divided into groups of criteria to make it easier to evaluate the specific performance of each group 2.3.5.2 Factors affecting the systematization of documents of an sector The affecting factors include: institutions, management apparatus, team of civil servants, finance, facilities and IT Attention should be paid to the following factors: team, IT, institutions and finance (see PL V, Table 2, Question 9) 2.4 Experience of foreigners and reference value for systematizing documents of the sector of education and training In Vietnam Firstly, The initial collection often has to cover all documents that may have system rules, etc in the widest way Secondly, It is necessary to connect experts of the systematization with the help of modern informatic tools Thirdly, The systematization process must be made into a strategy and must take a cautious step Fourthly, Systematizing the law is a regular task of state agencies 16 Chapter THE ACTUAL SITUATION OF SYSTEMATIZING DOCUMENTS OF THE SECTOR OF EDUCATION AND TRAINING 3.1 Overview of the Ministry of Education and Training – State Management Agency of the sector of education and training 3.1.1 Summary of development history of Vietnam sector of education and training The Ministry of Education was established on September 2, 1945 In October 1965, the Standing Committee of the National Assembly decided to approve the establishment of the Ministry of Higher Education and Reofessional Secondary Education, separated from the Ministry of Education In 1988, merged the General Department of Vocational Training into the Ministry of Higher Education and Professional Secondary Education to become the Ministry of Higher Education , Professional Secondary Education and Vocational Training In 1990, the Government decided to establish the Ministry of Education and Training on the basis of merging the Ministry of Education, the Ministry of Higher Education and Professional Secondary Education and Vocational Training The organizational structure of the Ministry of Education and Training is stipulated in Decree No 69/2017/ND-CP dated May 25, 2017 3.1.2 Functions and tasks of the Ministry of Education and Training 3.1.2.1 Administrative functions The Ministry of Education and Training is the leading agency under the Government The Minister of Education and Training is allowed to participate in executive activities within the scope of management sector, field by submitting to the Government and the Prime Minister for promulgating relevant institutions [24, 25] 3.1.2.2 Functions to supply public services The Ministry of Education and Training performs the state management for public services under the field of state management of the Ministry of Education and Training in accordance with the law [23,24,25] 3.2 The actual situation of systematizing documents of the sector of education and training 3.2.1 Legal basis of the document system of the sector of education and training 17 Legal bases of the document system of the sector of education and training include: Constitution, Law, Legal Documents and documents under the promulgating authority of the Minister of Education and Training related to education and training 3.2.2 Implementing the review and systematization of documents of the sector of education and training 3.2.2.1 Advandtages and difficulties a) Advantages: There are institutions; Leaders of the Minister pay attention, team of civil servants implement this work with their experience and responsibility spirit; The Department of Legal Affairs actively assists the Minister b) Difficulties: Because the Law and guiding Decree have many new points, sometimes, the inspection and review of systematization of legal documents have not been implemented timely; Some leaders of the unit still remain their old way of thinking, they have not yet seen the importance of reviewing and systematizing documents; Human resources are insufficient and lack professional skills; Legal documents issued beyond the authority; Funds remain limited; the application of IT are limited There are no specific evaluation criteria 3.2.2.2 Legal bases of the system of documents of the sector of education and training Include the State's legal documents related to the Ministry of Education and Training, to the field of education and training together with legal documents of the Ministry of Education and Training to form a legal basis for the document system of the sector of education and training 3.2.2.3 Implememting the review of the group of legal documents Review legal documents in accordance with Decree 34/2016/ND-CP, according to: types of documents; validity; time of promulgation; level of promulgation; name of document The review also is: regular and thematic There are still many violating documents, even many documents contrary to the provisions of the law [8,9,10] 3.2.2.4 Implementing the revieư the group of administrative documents This is the group of documents used the most for the management of the sector In the massive the Ministry's documents issued annually, there is a huge amount of administrative documents In fact, the quality of these types of documents is very 18 various, there are many violations, especially documents that are not legal documents but contain legal norms, although the Ministry has many guiding documents to follow general regulations of the state [11,12,13] 3.2.2.5 Thực rà sốt nhóm văn chun ngành Implementing the review of the group of specialized documents Through the inspection and review, it shows that there are still many shortcomings, many cases of issued documents are still inaccurate, illegal and violate the law, especially in the field: training programs, association of training, diplomas, certificates, admission regulations, contrary to decisions promulgated by the Minister [10], (See PL VI, VII) 3.2.3 The result of the systematization of documents of the sector of eduation and training from 2008 up to now The total documents in the list sent from the units: 662 documents (02 documents of the Ministry of Politics, 13 legal document, 01 Resolution of the National Assembly, 03 Resolutions of the Central Government, 97 Decrees of the Government, 79 Decisions, Directives of the Prime Minister, 467 documents promulgated or jointly promulgated by the Ministry of Education and Training) Among 662 documents reviewed, results include: a) Removal from the list of documents to be reviewed: 313 documents Reason: The documents has expired; The documents are identical ; Documents are not legal documents; Documents prepared by other ministries, sectors b) Supplements to the list of documents to be reviewed: 75 documents Reason: lacking valid legal documents c) After reviewing, the remaining total include: 425 documents, results: - Documents proposed for amendments and supplements: 70 documents (04 decrees of the Government; 03 decisions of the Prime Minister; 63 documents under the Minister's authority) - Documents proposed for replacement: 43 documents (04 decrees of the Government; 03 decisions of Prime Minister; 36 documents under the Minister's authority) 19 - Document proposed for new promulgation due to legal gaps: 12 documents (all documents are under the authority of the Minister) - Documents proposed for rejection: 05 documents (all documents are under the authority of the Minister) Until October 30, 2017, the Department of Legal Affairs and units (20/20 units) have continued to review, in details: Reviewed documents: 516 documents, results: a) Documents proposed for amendments and supplements: 63 documents (04 decrees of the Government; 03 decisions of the Prime Minister; 56 documents under the authority of the Minister) b) Documents proposed for promulgating replacement documents: 65 documents (01 decree of the Government; 06 decisions of the Prime Minister ; 58 documents under the Minister's authority) c) Documents proposed for new promulgation: 41 documents (06 decisions of the Prime Minister; 40 documents under the Minister's authority) d) Documents proposed for rejection: 17 documents (all documents are under the authority of the Minister) e) Documents declared as invalid: 02 documents (all documents are under the authority of the Minister) In addition to gathering legal documents according to the time of promulgation, the legal value, the promulgating authority, etc The Ministry of Education and Training also gathers legal documents according to subjects related to the field of education and training of the sector After reviewing, the Ministry implemented the next steps, including the DSN of legal documents for numbers of documents each year As a result, reviewed documents have been handled, promptly replaced, added to the Ministry's annual program of legal documents , with a total of 513 legal documents (from 2012 to 2018) included in the program of document drafting [8,9,10], (see PL VI, VII) 3.2.4 Results of gathering and codifying the law of the Ministry of Education and Training 3.2.4.1 Results of gathering 20 Review and gather many valid legal documents and publish such document system files together with their lists, etc This is the result of gathering legal documents achieved during the past time by the sector of education and training sector, this has a significant contribution to the completion of the state management document system of the sector of education and training 3.2.4.2 Results of codifying The Ministry issued Decision No 1889/QD-BGDDT dated June 9, 2015 to establish a group to implement the codification of the legal norm system under the field of education Implement the codifycation according to the Heading under the authority of the Ministry of Education and Training, Heading 1: Education; Heading 2: Higher Education Legal norm contents under 02 Headings are relatively complicated, the number of legal documents is very large (about 600 documents / Headings)) 3.3 The actual situation of resources to implement the systematization of document of the sector of education and training 3.3.1 The actual situation of human resources In fact, during the past many years, the human resources who has implemented the review of the systematization of state management documents in general and legal documents of the sector in particular have not met both the quantity and quality, especially the qualification and professional capacity still remain limited The Ministry's Department of Legal Affairs assigned by the Minister as the focal unit in charge of the inspection, handling, review and systematization of documents of the Ministry also has many difficulties in human resources, especially there is only one person to implement the post-inspection work and other works 3.3.2 The actual sistuation of expense and material conditions 3.3.2.1 Expenses The "application" in accordance with documents of the Government to create funds for meeting the operational needs of this work is still an unsolvable problem that the Ministry of Education and Training as well as other agencies are trying to seek According to the actual survey (through questionnaires) on the factors affecting the 21 document systematization of an sector, "financial factors" is the opinion showed by many people 3.3.2.2 Material conditions Currently, conditions in terms of facilities, equipment and office area are still very "modest" The Ministry of Education and Training is gradually improving to meet conditions in a better way 3.3.3 The actual situation of the application of information technology The Ministry issued many documents to request units in the Ministry'e agencies to strengthen the application of information technology to gather data for inspecting, reviewing and systematizating documents of the sector According to the result of actual survey by “Questionaires”, “Factor of information technology” is the opinion showed by many people 3.4 Some assessments on the systematization of documents of the sector of education and training from 2008 up to now 3.4.1 Main advantages 1) The results show that the inspection, handling, review and systematization of legal documents of the sector of education and training has been increasingly concerned 2) Annually, the Minister has issued decisions on implementing the inspection of documents which identifies key tasks and assigns specific tasks to each unit 3) The Ministry has developed a plan for review and systematization according to subjects and stages with ensuring the accuracy, objectivity and science and with the coordination of units in the sector 4) In recent years, the team of cadres and civil servants who has been assigned tasks has many positive changes, especially in the awareness of the importance of the systematization of documents of the sector of education and training 3.4.2 Shortcomings, restrictions 1) The review and systematization is mainly carried out every months and evaluated after one year of issuing documents However, it is still limited compared to general requirements, slow to innovate, it lacks breakthroughs in solutions 2) The handling of documents after reviewing and systematizing is still slow, fails to 22 meet the requirements 3) The organization of review and systematization in stages has not ensured the consistency, many outdated documents or documents contrary to the provisions of the law have not been included in the proposals to amend, supplement, replace or issue 4) The collection of documents as a basis for reviewing and systematizing is incomplete Many important documents are still omitted In announcing that the set of systematization of vaild documents and the lists of documents (from 2008 to 2014), some legal documents have not been reviewed fully 5) The coordination among units in reviewing and systematizing documents is still limited Leaders of units have not really been interested in this task and have not considered that this is an important task 6) The cooperation in the whole sector is still facing many difficulties, there are ministries and agencies that have not paid attention to closely and promptly 7) In addition to legal documents, other important documents in the sector's system of state management documents have not been reviewed and systematized Especially for the administrative documents that contain legal norm contents but are not legal documents, gathering has not been implemented fully and specific solutions have not yet provided 3.4.3 Basis reasons of restrictions 1) The inadequate awareness of the importance of reviewing and systematizing documents leads to the failure to detect overlapping documents and documents contrary to current law timely 2) The systematization fails to organize scientifically , lack guiding documents, specific and timely guidelines of the State as well as leaders of the Ministry of Education and Training to help this task have enough favorable conditions to be implemented quickly 3) The team of cadres reviewing and systematizing documents of the sector of education and training lacks in quantity and remains limited in professional skills 4) The source of documents has not been provided in a timely and fully The central and local gazette system for the review and systematization has not been ensured timely 23 5) Legal documents are proposed to be amended, supplemented, replaced, eliminated or promulgated after reviewing, however the process of amendment, supplementation, replacement or promulgation is still slow 6) The mechanism of monitoring the promulgation for legal documents still lacks the steadiness and comprehensiveness; The remedy of consequences caused by the implementation of illegal documents has not been resolved thoroughly 7) Funding for this activity is limited, beside, there is no specific regulations, it fails meet the requirements of the task and needs to invite collaborators Material facilities, especially, equipment and facilities for this task have not met the requirements The application of information technology is still limited 3.4.4 Experience Firstly, strengthen the strict and comprehensive leadership and direction of the Ministry's leaders, heads of units under the Ministry in reviewing and systematizing legal documents Secondly, Strictly comply with the provisions of the law on order and procedures for constructing, reviewing and systematizing legal documents Thirdly, Units under the sector need to have a true awareness of the importance and meaning of reviewing and systematizing documents, thereby, build specific plans and organize the implementation with high results Fourthly, determine that reviewing, systematizing document is a very important and complicated task, requiring the careful and meticulous implementation with a high sense of responsibility and a team of cadres with comprehensively legal knowledge Fifthly, Build a database for reviewing and systematizing documents Promote the application of information technology in reviewing and systematizing documents Sixthly, It is necessary to identify the systematization of documents as an activity of the sector Therefore, it is necessary to innovate from awareness to action in a specific and timely manner 24 Chapter SOME VIEWPOINTS AND SOLUTIONS TO STRENGTHEN THE SYSTEMATIZATION OF DOCUMENTS OF THE SECTOR OF EDUCATION AND TRAINING 4.1 Viewpoints on the document systematization in education and training sector 4.1.1 Consider the task of document systematization in education and training sector as a regular important political task of the leading management agency 4.1.2 Determine specifically and appropriately the objectives of the document systematization in education and training sector 4.1.3 Research methods, contents and requirements of document systematization with specific characteristics in the education and training sector 4.2 Some solutions to promote the document systematization in education and training sector 4.2.1 Continue to improve the institution of document systematization 4.2.2 Research scientific organization of the state management document systematization in education and training sector 4.2.3 Strengthen the organizational structure and personnel performing the management and document systematization in education and training sector 4.2.4 Promote to apply information technology for the document systematization in education and training sector 4.2.5 Develop a reasonable financial mechanism for the document systematization in education and training sector 4.2.6 Develop a set of criteria to evaluate the quality of the document systematization in the education and training sector CONCLUSION Education and training always play an important role in the development of a nation Our Party and State have affirmed that "Education is the top national policy" In the context of an increasingly deep international integration of the country, the industrial revolution 4.0 is going on strongly, the role of education and training becomes 25 even more important For many years, the system of legal policies on education and training has always been concerned Especially in recent times, the Party Central Committee has issued Resolution 29 on fundamental and comprehensive innovation of education and training, the Government has also issued an action plan to implement In order to overcome shortcomings and limitations to further strengthen the fundamental and comprehensive innovation of education and training, the Ministry of Education and Training is required to study and propose effective measures to continue to effectively implement the Government's Action Program to implement the the Resolution 29 of the Central One of the measures is to build a system of state management documents of the Ministry strong enough to be an effective tool for state management in the whole sector From the research results, the review and document systematization in the education and training sector still exist many shortcomings and limitations because: - Awareness of some leaders on the position and role of the legal document systematization is incomplete, not really interested in this work or interested but not yet regularly, not yet set this work in right position and importance in the general operation of the sector - The qualifications and capacity of the cadres and civil servants working on the legal document systematization have not met the requirements set forth; have not been trained professional skills basically in reviewing and document systematization - In the process of organizing the implementation, the comments of the units and the concerned ministries and branches are sometimes still formalistic and perfunctory - There are currently no official documents of the State stipulating specific funding levels for material conditions to cover the legal document systematization - In the massive volume of documents of the education and training sector, many documents, including legal documents are low quality, overlapping and contradictory - At the Ministry of Education and Training, the legal scientific research serving the task of building a document system of the sector has not been given adequate attention to create a theoretical basis for preparing, inspecting and reviewing and controling the legal document systematization In order to overcome the above shortcomings and limitations and further improve the quality and effectiveness of the document systematization in the education and 26 training sector, including legal documents and other important documents, the thesis offers some of the following feasible solutions: Firstly, perfect the provisions of the law on review and legal document systematization, especially, build a Set of criteria for evaluating the systematization of documents of the education and training sector Secondly, consolidate the organization, strengthen the full-time staff to review and systematize the legal documents Thirdly, strengthen to train and practice professional skills regularly on the legal document systematization, in addition to the legal documents, it is necessary to pay special attention to specific types of documents of the sector practically and effectively Fourthly, ensure funding and other conditions for the document systematization, pay attention to funding, equipment and facilities to meet the requirements of the tasks set Fifthly, build a database system to apply informatics into the work of reviewing and systematizing the documents Sixthly, aquire and learn experiences of the world, especially experiences implemented in advanced countries with high efficiency for economy and society Seventhly, build the systematization of documents of the sector of education and training It is necessary to realize that the DSN is not just a simple scientific term, it must be considered an activity Once it is an activity, the Government, agencies, ministries and departments must join in, build a roadmap to impact on it so that it can positively impact the state management of each ministry and sector with different characteristics The above solutions will help the sector of education and training to organize the task of documents of the sector scientifically for getting effect and serve the effect and effectiveness for management activities, especially in the period of fundamental and comprehensive innovation of education in Vietnam 27 THE LIST OF STUDIES OF AUTHORS AND ARTICLES OF RESEARCH SUDENTS RELATING TO THE TOPIC OF THE THESIS “The document systematization in the Ministry of Education and Training”, Magazine of State management, No 210, July 2013 “Principles of codifiation, an important basis to complete the legal system”, Magazine of State management, No.189, October 2011 “Some solutions to complete document system specialized in Education and Training”, Education Magazine, No 226, part 2, November 2009 “The systematization of legal documents of the Ministry of Education and Training in the current context of education and training innovation.”, Magazine of State management, No 276, January 2019 28 ... effectively in the coming time Objective and scope of the study 3.1 Objective of the study The thesis' object of the study is the DS of the sector of education and training 3.2 Scope of the study... research the theoretical basis of the SMD in general and the SMD for the sector of education and training in particular, the thesis mainly uses methods of researching materials and data - The thesis. .. with the law [23,24,25] 3.2 The actual situation of systematizing documents of the sector of education and training 3.2.1 Legal basis of the document system of the sector of education and training