Abstract of Juris Doctor dissertation: Preventing crimes of infringement upon social order in Southeastern Provinces

The dissertation aims at clarifying theoretical perquisites thought reasoning about criminal prevention and evaluating practice of preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam, and proposing solutions for strengthened prevention of crimes of infringement upon social order and security in the Southeastern provinces of Vietnam.

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES DAO XUAN THANH PREVENTING CRIMES OF INFRINGEMENT UPON SOCIAL ORDER IN SOUTHEASTERN PROVINCES Major: Criminology and criminal prevention Code: 38 01 05 ABSTRACT OF JURIS DOCTOR DISSERTATION Hanoi, 2020 This dissertation is completed at GRADUATE ACADEMY OF SOCIAL SCIENCES Academic Supervisor: Assoc Prof., Dr HO SY SON Examiner 1: Prof., Dr Bui Minh Thanh Examiner 2: Assoc Prof., Dr Tran Van Do Examiner 2: Dr Pham Minh Tuyen The dissertation will be defended before the Academy level Council of Dissertation Assessment at the Graduate Academy of Social Sciences - Time: … , day………, month……… year 2020 The dissertation could be found at: - Vietnam National Library - Library of Graduate Academy of Social Sciences PREFACE Rationale The Southeastern region of Vietnam is comprised of Ho Chi Minh city and provinces named Binh Duong, Binh Phuoc, Tay Ninh, Dong Nai, Ba Ria-Vung Tau with total smaller area than other regions (23.6 thousand km2), average population (15 million people, 2014), but leading nationwide in GDP, industrial output and export values Together with the powerful social and economic development and the dark side of market economy, the situation of crimes in general and crimes of infringement upon social order and security in the Southeastern provinces of Vietnam in particular is in complicated development with increasingly sophisticated level of infringement However, the criminal prevention there is not effective, especially for typical crimes in cities, towns and industrial zones like crimes of violating traffic rules, gambling and organizing gambling, disturbing public order, prostitution sheltering and brokerage It shows that criminal prevention by competent authorities has not been effective One of reasons directly affecting this work is that developing and organizing measures of criminal prevention have not been scientific and feasible, in which regional peculiarities have not been embedded and measures of preventing different crimes have not been concretized yet Besides, the coordination in criminal prevention among agencies and departments have not been close and incomplete In some cases, emotional awareness leads to unscientific, incomplete and not objective prevention; Roles, locations, nature, significance, contents and objectives of criminal prevention have not been determined properly by various departments and agencies, which result in superficial performance, lack of sense of responsibility leading to mistakes, omissions, causing difficulties and hassles for criminal prevention activities that lead to various arisen problems in legal, economic, sociopolitical aspects and causing pressing problems in people's life In such fact, it addresses the need of concretizing theory on criminal prevention and assessing actual situation of preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam Through this fact, their regional peculiarities of crimes, especially elements of reasons, conditions of crimes of infringement upon social order and security have been indicated in order to provide scientific reasoning for developing and implementing measures for efficiency improvement of preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam, which is very essential From the demand of fighting against and preventing crimes in general and crimes of infringement upon social order and security in the Southeastern provinces of Vietnam in particular, the study of the topic: “Preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam” is significant in theory, practice and essentiality Objectives and tasks of study 2.1 Objectives of study The dissertation aims at clarifying theoretical perquisites thought reasoning about criminal prevention and evaluating practice of preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam, and proposing solutions for strengthened prevention of crimes of infringement upon social order and security in the Southeastern provinces of Vietnam 2.2 Tasks of study To fulfill the forgoing objectives, tasks of study include the following basic issues: Firstly, study, literature review on domestic and foreign studies related to preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam, from which issues necessary for studies and development are addressed in the dissertation; Secondly, analyze and clarify theoretical issues on preventing crimes of infringement upon social order and security in viewpoints of criminology Thirdly, present and analyze actual situation of preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam Fourthly, set forth scientific forecast about situation of crimes of infringement upon social order and security in the Southeastern provinces of Vietnam and propose solutions for strengthened prevention of crimes of infringement upon social order and security in the Southeastern provinces of Vietnam Objects and scope of study 3.1 Objects of study In the dissertation, scientific perspectives and provisions of the Criminal Law and actually preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam are used to study the dissertation’s aspects 3.2 Scope of study The dissertation topic is studied from the viewpoints of criminology and criminal prevention Crimes of infringement upon social order and security are in wide range, including various groups of crimes, however only crimes of infringement upon public safety and order under Chapter XIX of the Criminal Code 1999 (amended in 2009), Chapter XXI of the Criminal Code 2015 (amended in 2017), are studied in the dissertation In terms of space, actual situation of preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam is surveyed in the dissertation; period of survey is from 2007-2017 Methodology and method of study In terms of methodology, to achieve the objectives and complete the foregoing study, dialectical materialism and historical materialism of Marxism-Leninism, Ho Chi Minh ideology, fundamental viewpoints of the Communist Party of Vietnam regarding crime fighting and prevention are applied to the study In addition to such methodology, to match with objects, tasks and objectives of the topic, methods of study such as practice summarization method; analysis method; synthetic method, comparative method, systematic method, survey and investigation method; seminar method and specialist-talk method are applied New findings of the Dissertation Firstly, the Dissertation topic is intensive in criminology of crimes of infringement upon social order Secondly, it is implemented according to the Resolution XII of Vietnam Communist Party regarding the guidelines of patience and development of Marxism-Leninism, Ho Chi Minh ideology to address three main issues of the situation of crimes of infringement upon social order and security in Vietnam Those are : - To apply Marxist theory and awareness to identify and assess actual situation of crimes of infringement upon social order and security in Vietnam for the last 10 years; - To apply Marxist theory on causes and conditions, i.e cause and effect relation to indicate elements causing crimes of infringement upon social order and security in Vietnam in explicit, complete and systematic manner; - To combine outcomes of practical studies in Vietnam and Marxist criminological theory on causes and conditions of crimes, the dissertation has solved the system of measures on preventing crimes of infringement upon social order and security in complete and dialectic manner Theoretical and practical significance of the Dissertation Being the first scientific study of doctor dissertation in preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam, the dissertation’s contribution is to supplement theoretically criminology and criminal prevention, concretize criminological theory to specific location and group of crimes in order to propose effective and feasible solutions for preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam It is a reference material for criminal prevention agencies, also for researches, studies and lectures about criminology and criminal prevention Structure of the dissertation In addition to the Preface, Conclusions and List of reference materials, tables and diagrams, the Dissertation is divided into four chapters: Chapter 1: Literature review on preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam Chapter 2: Theoretical issues on preventing crimes of infringement upon social order Chapter 3: Actual situation on preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam Chapter 4: Forecast and solutions for strengthened prevention of crimes of infringement upon social order and security in the Southeastern provinces of Vietnam Chapter LITERATURE REVIEW ON PREVENTING CRIMES OF INFRINGEMENT UPON SOCIAL ORDER AND SECURITY IN THE SOUTHEASTERN PROVINCES OF VIETNAM 1.1 Situation of foreign studies - Group of general studies about criminology and criminal prevention, Minkovskij G.M (chief editor), “Theoretical basis for criminal prevention”, Matuxcouva, Jurid.Literature, 1977 (Translated by Institution of Social Sciences, 1982) In these works, authors set forth concept of criminal prevention that is to synthetize general methods of society, especially combine these methods in which main directions are identified; integrate tasks of directly fighting against crimes into other tasks in the field of economy, culture, education and society Melinikova E.B, “Why they offend? Situation of offending by youths and teens in capitalist countries”, Matuxcouva, Molodaja Gvardja, 1974 (Translated by Social Science Information Review, published in 1982): in this work, it is indicated by the author that material deprivation of criminals in a capitalist society and material circumstances greatly affect the formation of human identities in their conduct, it is even greater in those who have not adolescents, when they are not completely placed in complex social relationships, without experience in life, without career and unqualified education… the author Shestakob D.A, “Criminology”, Moscow, the Russian Federation, Publishing house of “Legal Affair Center, Preers”, 2006 has mentioned about typical criminal acts, causes of such criminal acts in the society Besides, for the contents of new fields of criminology, the two new crimes, family crime and political crime, are mentioned The author has also indicated a method of criminal prevention that is to find out causes of crimes from which such causes and conditions of crimes are eliminated - Studies about preventing specific crimes and crimes of infringement upon social order Study about preventing physical abuse crime was made by the Author G.I XeTraurop (Crime study sciences, Institute of Police Science Research, Hanoi 1975, Chapter XVIII; Violence in schools, CAN UEDA (Extracted in Crimes and Criminology in modern Japan, Publishing House of People’s Police, 1994); Reference book titled “Black hand” was edited by Ngu Minh Tam, translated from Chinese version by Nguyen Thi Nai, published by Kim Thanh Publishing House, Beijing and the translation was published by Publishing House of People’s Police in 2004; Reference book titled “Black Profile” was edited by Ngu Minh Tam, translated from the Chinese version published by Kim Thanh Publishing House, Beijing by Nguyen Ba Cao and the translation was published by Publishing House of People’s Police in 2004 1.2 Situation of studies in Vietnam 1.2.1 Theoretical studies about general criminal prevention Reference book titled Modern criminology and criminal prevention, Publishing House of People’s Police, 2001 by Prof.Dr Nguyen Xuan Yem indicates comprehensively criminal prevention, of which is crime of infringement upon social order Reference book titled Handbook for fighting against crimes and social vices, Publishing House of Labor and Society, 2003 This work indicates tricks of crimes and effective measures for criminal prevention that may be applied in specific situation by reads Reference book titled Organizational crimes, history and problems today, Publishing House of People’s Police, 2007 by Prof.Dr Ho Trong Ngu; State-level scientific project (1996 - 2000), Social Sciences 2007-2008 by Prof Dr Nguyen Phung Hong, Assoc Prof Dr Ho Trong Ngu and et al about “Criminal prevention and fighting in new period” have determined important theoretical and practical basis for a state-level criminal prevention and fighting strategy in the times of industrialization and modernization Book titled “Some theoretical issues about crime situation in Vietnam” was written by Assoc Prof Dr Pham Van Tinh, published in 2007, whose content is to supply basic knowledge for studies about crimes in Vietnam, also to develop the more detailed theory about crime situation, meeting demands of criminological studies 1.2.2 Studies about preventing a group of crimes or a specific crime International Workshop on Prevention of Human Trafficking: International Perspectives, ASEAN and Vietnam was held by the Faculty of Law, Vietnam National University, Hanoi on December 2, 2010 in Hanoi Competent authorities were proposed to review, study and make consultancy and proposal to Vietnamese government for developing and adopting legal instruments related to prevention of human trafficking The Juris Doctor Dissertation of Nguyen Ngoc Binh titled “Fighting and preventing violence crimes in Vietnam today” was defended in 2010, which introduced some theories about general criminal prevention, viewpoints of the Party and the State in fighting and preventing crimes in general and violence crimes in particular The Juris Doctor Dissertation of Le Huu Du with title “Fighting and preventing child sexual abuse in the present period” was depended in 2015, in which concepts about general crime situation, causes and conditions of such crimes and preventive measures were introduced by the author 1.2.3 Studies about preventing crimes in the Southeastern provinces of Vietnam The Juris Doctor Dissertation titled Crime of property robbery in the Southeastern region of Vietnam: situation, causes and preventive measures is of Author Pham Van Trung, Graduate Academy of Social Sciences, in which theories and legal signs of property robbery in the Southeastern region of Vietnam for period from 2007 to 2016 were analyzed; causes and conditions of crimes of property robbery in the Southeastern region were analyzed and found out with various elements, of which were economic, social conditions and shortcomings of the subject of crime fighting and prevention The Dissertation titled Crimes of infringing upon possession of properties in Ho Chi Minh City: Situation, causes and preventive measures of Candidate Doan Cong Vien, defended at the Graduate Academy of Social Sciences in 2018 clarified specific causes and conditions of crimes of infringing upon possession of properties that pertained to characteristics of geographic locations related to the crimes in Ho Chi Minh city It also analyzed personal characteristics of criminals and supporting situations and circumstances and proposed preventive solutions for the crimes of infringing upon possession of properties in Ho Chi Minh City The Dissertation titled “Criminal prevention at industrial zones in Dong Nai province” by Author Le Ngoc Quang, defended at the Graduate Academy of Social Sciences in 2018 analyzed and assessed actual situation of criminal prevention at industrial zones in Dong Nai province; Clarified crime situation, causes and conditions at industrial zones in Dong Nai province; set forth forecasts about crime situation at industrial zones in the coming time In the Dissertation titled “Personal records of criminals infringing upon human dignity and honor from the practices of the Southeastern provinces of Vietnam” by Author Nguyen Vinh Huy, defended at Graduate Academy of Social Sciences in 2019, it clarified personal records of criminals infringing upon human dignity and honor in Chapter THEORETICAL ISSUES ON PREVENTING CRIMES OF INFRINGEMENT UPON SOCIAL ORDER 2.1 Awareness on crimes of infringement upon social order 2.1.1 Concept of crimes of infringement upon social order Crimes of infringement upon social order and security and public security are dangerous for society, intentionally or unintentionally harming safety and order in the fields of transportation, production, labor, construction; management of explosives, inflammables, toxins and radioactive substances; fire prevention, foodstuff hygiene; health activities; environmental protection, social order and socialist legal order In board meaning, public order and security are order and security in terms of citizen’s life, health and property at public places 2.1.2 Criminal signs of crimes of infringement upon social order Objects of crimes: Crimes of infringement upon public order, State's regulations on public security and order; life and health of citizens, properties of the State and citizens Objective side of crime: Majority of crimes are committed by specific actions, such as crimes of infringement upon State’s regulations in different fields Majority of crimes specified in this Chapter are constituted with material crimes, i.e it relates to signs of consequences harmful to the society Subjective side of crime: Majority of crimes are committed with unintentional faults Subject of crime: means a person capable with criminal liability and reaching age as prescribed in Article 12 of the Criminal Code There are a number of crimes for which signs of special subject are required 2.2 Concept, objective and meaning of preventing crimes of infringement upon social order Criminal prevention is a system of State’s and society’s measures for overcoming causes and conditions of crime offence, detecting, managing and educating persons capable for crime offence, reducing crimes, preventing crimes and leading to eliminate crimes from the social life 11 Criminal prevention is comprised of the following elements: Objectives of criminal prevention are to detect and overcome causes, conditions of crime offence in order to restrict, reduce and lead to eliminate crimes from the social life Criminal prevention is to prevent an negative social phenomenon, in which numeral measures are performed completely: general prevention measure (social measure), special prevention measure (professional measure) Criminal prevention is closely pertained to crime investigation and handling Preventing crimes of infringement upon social order and security is the application of completely economic, political, administrative and legal profession measures by agencies, organization and citizens under the Party leadership in order to eliminate or invalidate causes and conditions of crimes of infringement upon social order and security; preventing crime occurrence and conduct necessary measures to timely detect and handle crimes to reduce crimes and lead to completely eliminate crimes of infringement upon social order and security from the social life Meaning of preventing crimes of infringement upon social order: From the aspect of criminology, studies on preventing crimes of infringement upon social order and security are essentially significant in establishing preventive measures and reviewing subjects’ responsibility of prevention in the work of political and social security and order assurance; with immediate and long-term strategic significance, positively serving the cause of industrialization and modernization of the country in the Southeastern region; Criminal prevention measures contribute to maintaining the social order and security by professional and even coercive measures Therefore, criminal prevention makes sense in terms of social management 2.3 Principles of preventing crimes of infringement upon social order and security Preventing crimes of infringement upon social order and security must base on the following principles: legal system principle, democracy principle, coordination and concreteness principle, humanitarianism 12 principle, principle of concretizing in criminal prevention and scientific principle 2.4 Theoretical, practical and legal bases for preventing crimes of infringement upon social order Theoretical basis for preventing crimes of infringement upon social order and security is theory of causes and conditions of criminal situation To effectively prevent crimes of infringement upon social order, it is necessary to determine causes and conditions of crimes of infringement upon social order It must rely on theory of nature of preventing crimes of infringement upon social order, which is to adopt social and public administrative measures to affect the causes and conditions of the crimes in order to prevent its occurrence Legal basis for preventing crimes of infringement upon social order and security is the Party’s guidelines and the State’s legal instruments on criminal prevention, which is the very important legal and political bases for preventing crimes of infringement upon social order and security and vice versa such prevention is the very implementation of such guidelines and regulations Practical basis for preventing crimes of infringement upon social order: crimes of infringement upon social order and security are considered as one of rather complicated crimes Their danger is that the more dangerous it is, the more complicated tricks are and the more organizational crime occur, etc 2.5 Subject, content, method of preventing crimes of infringement upon social order National Assembly: Proactively and timely adopt acts, resolutions, legal instruments on criminal prevention; complete legislation in step-bystep manner, which is basis for public agencies, social organizations and each citizen to successfully implement criminal prevention; supervise the prevention of crimes of infringement upon social order and security of other subjects Vietnamese Communist Party: The Party sets forth, frequently inspects, speeds up and requests competent authorities and agencies to 13 report about social security and order, crime fighting and prevention according to tasks of each authority and agency, from which guidelines, directions as specified in resolutions on preventing crimes of infringement upon social order and security are provided to local governments, agencies and authorities in order to timely meet demands of the fight from time to time and in each specific location Governments and People’s Committees at all levels: These subjects execute legislation through adopting instructive instruments for enforcement of the law on criminal prevention adopted by the National Assembly; Deploy social measures such as developing and implementing the plan of economic, cultural and educational development, etc nationwide to enhance the material and sprit life of people in an effort to prevent crimes Procedural authorities: Their tasks are to directly detect, inspect and clarify criminal acts to apply necessary measures in legal procedure, judging or sending to reformatories for education and training purpose; demonstrating its own measures for general and specific prevention Procedural authorities include police agencies, procuracies and courts Organizations and individuals in the society: Through education, inspection and supervision of officials, staffs, youth union members or members of such organization, these organizations fulfill criminal prevention on social order, supply information and materials of general criminal prevention, of which is social order crimes, for competent authorities to integrate with other topics to perform criminal prevention programs Content of preventing crimes of infringement upon social order: - Restricting and eliminating causes and conditions of crimes of infringement upon social order, preventing its occurrence; Timely preventing occurrence of new criminal acts; Preventing recidivism Measures of preventing crimes of infringement upon social order: Pursuant to scope, grade of their impact: general criminal prevention measures, crime-typed prevention measures, specific crime prevention measures 14 Pursuant to content and characteristics of measures: Socioeconomic measures, socio-cultural psychological measures, social organization and management measures, legal measures Pursuant to locations and fields where crimes are to be prevented: national criminal prevention measures, regional and local criminal prevention measures, specific criminal prevention measures applied to sector or field of operation Chapter ACTUAL SITUATION ON PREVENTING CRIMES OF INFRINGEMENT UPON SOCIAL ORDER AND SECURITY IN THE SOUTHEASTERN PROVINCES OF VIETNAM 3.1 Situation and characteristics of crimes of infringement upon social order and security in the Southeastern provinces in the past time From 2007 to 2017, the number of crimes of infringement upon social order and security throughout the country rapidly increased As compared to 2007, it increased to 149% and the number of defendants to 171% in 2013; It increased to 154% and the number of defendants to 169% in 2014; It increased to 170% and the number of defendants to 184% in 2015; It increased to 149% and the number of defendants to 156% in 2016; It increased to 148% and the number of defendants to 154% in 2017; Specially by 2013, the numbers of cases and defendants in crimes of infringement upon social order and security increased sharply In terms of offending, according to research of 1,327 cases of crimes infringing upon social order, there were 862 cases occurred in daytime accounting for 64.90% and 465 cases occurred in nighttime accounting for 34.10% In terms of venues of crimes, analytical outcomes show that cases of crimes of infringement upon social order and security occurred indoor accounted for 31%, on streets for 27%, at public places for 17%, at deserted places for 25%, According to personal record of criminal: By analyzing judgments to identify qualification of criminals infringing social order, it shows that 15 two of 314 defendants were undergraduates, accounting for 0.6%, 73 graduates of high schools accounting for 23.6%, the remaining persons at primary or secondary school qualification Of the 220 first-instance judgments of crimes infringing upon social order, there were 314 defendants, of which 265 defendants were jobless or unemployed, accounting for 84%; only 15 defendants had occupation and jobs accounting for 5%; 33 defendants were pupils and students accounting for 11% In the actual trial from 2007 to 2017, the number of female criminals infringing social order was varied and increased continuously It increased unregularly from 66 female criminals in 2007 to 77 in 2010, then downed to 42 in 2010 3.2 Actual situation of preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam in the past time Actual situation of theoretical awareness on preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam The theoretical system of criminology in the Southeastern provinces was born after 1975; just focused on studies made at universities and was rather backward and restricted Scientific research projects, doctor dissertation and master theses, textbooks on the prevention of crimes of infringement upon social order and security in the Southeastern provinces and cities have not been mentioned and interested In the actual process of preventing crimes infringing upon social order and security in particular, there will be many inadequacies, new issues need to be summarized in practice and added to the theoretical system, but not yet timely and completely Actual situation of organizing forces for preventing crimes of infringement upon social order and security in the Southeastern region of Vietnam - Outcomes obtained from the political and legal aspects: Directive No 18-CT/TW dated September 4, 2012 of the Central Secretariat Committee of the Party (Session XII) on "strengthening the 16 Party's leadership in ensuring traffic safety in roadway, railway and inland waterways and overcoming traffic jams”; Resolution No 28NQ/TW dated October 25, 2013 of the Central Committee of the Party (Session XI) on "The Fatherland protection strategy in a new situation"; Conclusion No 95-KL/TW dated April 2, 2014 of the Central Secretariat Committee of the Party (Session XII) on further implementation; Directive No 46-CT/TW dated June 22, 2015 of the XI Politburo on "strengthening the Party's leadership in the task of assuring security and order in the new situation”; Decision No 2270/QD-TTg 2013 on the plan of implementing the Conclusion No 28-KL/TW on tasks, solutions for socio-economic development, security and defense assurance in the Mekong River Delta by 2020 The Constitution 2013; the Criminal Code 2009, the Labor Code 2013, the Civil Code 2015, the Law on Children Protection, Care and Education 2004, the Law on Education 2005, the Law on Handling Administrative Violations 2012, the Law on Execution of Criminal Judgments 2010, the Ordinance on Enforcement of Imprisonment Judgments and the Ordinance No 01/2017/UBTVQH 12 in 2007 on amending and supplementing a number of articles of the Ordinance on Enforcement of Imprisonment Judgments, the Decree No 02/2014/NDCP in 2014 stipulating the application of measures for handling administrative violations, sending to reformatories and compulsory educational establishments On the basis of such guidelines, resolutions and legal instruments of the Central Executive Committee, the National Assembly and the Government, from time to time, the Provincial Party Committee, the People’s Councils, the People’s Committees of the Southeastern provinces and cities can prepare resolutions and action plans to grass-root levels - Restrictions on political and legal bases of preventing crimes of infringement upon social order and security: The Party’s Committees, Governments of the Southeastern provinces and cities have not been proactive in setting forth their regional statutory guidelines, plans and 17 regulations There have not been regulations on multidisciplinary coordination for performance, which resulted in relying on directions from upper levels, waiving accountability, not paying proper attention to criminal prevention Actual situation of organizing forces for preventing crimes of infringement upon social order and security in the Southeastern region: Forces directly implementing functions and tasks of criminal prevention: In terms of the current law propaganda and dissemination force, according to statistics of the Departments of Justice of the provinces and cities in the Southeastern region, there are 518 province reporters, 965 district reporters, 4560 grassroots reporters and about 5974 propagandists, 314 legal assistance collaborators, 6,357 mediation teams with 28155 grassroots mediators Public security departments of wards, communes and towns were currently comprised of 3,099 people with professional qualifications: 87 people at primary level accounting for 2.80%, 1,705 people at intermediate level accounting for 55%, 1,289 people at higher education level accounting for 41.59%; In terms of political reasoning: 1,670 people at primary level accounting for 53.88%, 1,286 people at intermediate level accounting for 41.49%, 183 people at high level accounting for 5.9%; In terms of titles: 2,067 scouts accounting for 66.69%, 946 investigators accounted for 20.52%, 86 people of advisory and logistic forces accounting for 2.77% Restrictions in the staff of criminal prevention: Qualifications of legal reporters were not equal while reporters with university degrees or higher were mainly in the group of legal reporters of the provinces and cities The force of detecting and handling crimes was insufficient as compared to working demand, which resulted in “over workload” directly affecting their performance of such criminal prevention in the Southeastern provinces and cities Coordination among subjects of preventing crimes of infringement upon social order: 18 In the mechanism of coordinating propaganda for criminal prevention, activities of the Council of law propagation, dissemination and education were still formal in direction and implementation The coordination was often not continuous, even administrative in some places, reflecting in documents but not in practice; Criminal prevention was deemed to be responsibility of specialized agencies leading to a lack of sense of responsibility, not caring about crime prevention by the Party’s committees and leaders of some departments and agencies It was lack of frequent and proactive concern of the governments, agencies in calling for educating objects, but relying on Public Security departments Co-ordinations in exchanging criminal information, in criminal prevention among provinces inside and outside the Southeastern region, among adjacent locations were still restricted and not clearly specified in its mechanism of coordination Actual situation of deployment, application of measures for preventing crimes of infringement upon social order and security in the Southeastern region of Vietnam Actual situation of deployment, application of measures for crimes of infringement upon social order There have not been effective and strategic policies for coping with urbanization, particularly in vocational orientation and job placement in new environment There have not been support policies for people, or such supports were available but not timely or below the actual damages; effects to production stabilization, life and spiritual improvement for people were just short term, but not sustainable in permanent strategy Propaganda on the law on crime and social vice prevention was not regular Education on preventing and fighting against crimes and social vices in the general education system in the Southeastern provinces and cities has not been given attention yet 19 Actual situation of deployment and application of professional prevention measures Outcomes in detecting and handling crimes of infringement upon social order: The Public Security forces of the Southeastern provinces and cities established 1578 special reconnaissance investigations and prosecution investigations to eliminate 2,745 criminal gangs; arrested 15,172 subjects, and made records for education in communes, wards and towns of 11,551 subjects violating laws at localities From 2006 to 2017, these forces conducted 45,499 criminal investigations, prosecuted, arrested, handled with 64,245 subjects, eradicated 17,684 establishment of gambling, prostitution, drug abuse with 78,772 subjects; arrested and mobilized for surrendering of 4,822 wanted subjects Restrictions in detecting and handling crimes of infringement upon social order: The coordination among investigation, prosecution and trial remained confused The relationship between criminal investigation forces and others has not been brought into play in investigation activities Detecting and taking subjects into management were just formal, lack of coherence and subjects were omitted The assignment and decentralization in subject management at some agencies and localities were not reasonable, mostly assigned to regional police forces, Public Security of communes were in charge of social security and order Propaganda, mobilization and instruction remained restricted, irregular and uneven in development at localities 3.3 Comments and assessments on preventing crimes of infringement upon social order and security in the Southeastern provinces in the past time; Causes of restrictions on preventing crimes of infringement upon social order and security in Southeastern provinces Theoretically and practically, there have not any comprehensive and intensive study on preventing crimes of infringement upon social order and security with characteristics of the Southeastern region The Party’s Committees and governments have not interested in leadership and steering the criminal prevention and fighting, which have not been 20 determined as one of key and routine tasks; resolutions and programs for effectively performing guidelines and plans for criminal prevention, periodical review, situation and performance assessment; strengthening follow-up and inspection, timely handling and resolving obstacles have not been proposed Criminal prevention has not been associated with the peculiarities of crimes, causes of crimes of infringement upon social order and security in the Southeastern region Personnel works at all agencies were weak and shortcoming, with less forces that failed to meet demand of criminal prevention Qualifications of legal reporters were uneven; those who were highly qualified, experienced often took leadership position and did not have much time to participate in actually reporting The economic, social security, labor and employment policies in the region have not been effectively implemented Chapter 4: FORECAST AND SOLUTIONS FOR STRENGTHENED PREVENTION OF CRIMES OF INFRINGEMENT UPON SOCIAL ORDER AND SECURITY IN THE SOUTHEASTERN PROVINCES OF VIETNAM 4.1 Forecast of crimes of infringement upon social order and security in the Southeastern region in the coming time Crimes of infringement upon social order and security in the Southeastern provinces and cities in the coming time will be in fluctuation in number of cases and arrested persons from time to time However it mostly tends to increase as compared to the last years; Tricks of criminal activities are becoming more sophisticated, reckless and spontaneous; Crimes related to traffic safety and disturbing public order, high-tech crimes; weapon manufacturing, trading, storing and using; terrorism; prostitution will account for a high proportion, focusing on certain criminal groups 4.2 Solutions for strengthened prevention of crimes of infringement upon social order and security in the Southeastern region 21 It is to complete theoretical basis about criminal prevention and preventing crimes of infringement upon social order; Complete political and legal bases for preventing crimes of infringement upon social order and security in the Southeastern provinces and cities Strengthen preparation and completion of measures for preventing crimes of infringement upon social order and security in the Southeastern region Renovate and improve quality and effectiveness of legal propaganda and education for people regarding criminal prevention in general and preventing crimes of infringement upon social order and security in particular in the Southeastern provinces and cities Develop and consolidate to improve quality of the entire people’s movements of Fatherland security protection; prevent, detect and denounce crimes of infringement upon social order and security; manage, educate and help criminals to integrate into community Successfully organize administrative management, investigate to grasp situation of potential subjects and criminal conditions in an effort to prevent such crimes Successfully receive and handle news of criminal denunciations when criminals are involved, investigation, prosecution and trial for any criminals; contribute to strictly and properly handling subjects and crimes in accordance with law Strengthen manpower for preventing crimes of infringement upon social order and security in the Southeastern provinces Strengthen subjects and coordination relations in preventing crimes of infringement upon social order and security in the Southeastern provinces; Improve technical infrastructure for preventing crimes of infringement upon social order and security in the Southeastern provinces 22 CONCLUSIONS Preventing crimes in general and preventing crimes of infringement upon social order and security in particular are always concerned and directed by leaders of the Southeastern region; performed frequently, continuously and strictly by local departments and agencies The performance is attached completely to National key programs for crime and drug prevention; Integrated with policies of social security, poverty reduction, well-off household increase, building cultural life in community and annually reviewing experiences from practice, therefore, appropriate and breakthrough solutions have been proposed to solve problems that are causes of crimes and social vices Crimes of infringement upon social order and security remain complicated in development, however thanks to proper forecast and strengthened grasping circumstances and tricks of such crimes, they were eliminated Such achievements are originated from people’s and society’s awareness on crimes and sense of criminal prevention Active measures should be developed to enhance people’s awareness on crimes and criminal prevention; further improve the State’s management; complete legal system for assuring justice, strict and clear laws and social order In association with actual situation of criminal prevention, results obtained and restrictions in terms of theoretical, political and legal bases, organization of the force of criminal prevention and the actual situation of deployment and application of measures for preventing crimes of infringement upon social order and security are assessed thereof It can be considered that initial results of preventing crimes of infringement upon social order and security at the Southeast provinces and cities are in fact obtained However, there are certain restrictions in these activities Strengthening measures are also proposed in terms of theoretical, political and legal bases; strengthening the force of criminal prevention; strengthening the application of measures for preventing crimes of infringement upon social order and security These three measures are closely related, supported one another, of which strengthening the 23 theoretical system and legal bases takes a key role in orienting a subject’s activities in deploying the criminal prevention measures The Southeastern provinces and cities have to rely on general theoretical and legal bases to flexibly and creatively apply them to match well with local peculiarities, proactively promulgating guidelines, policies related to preventing crimes of infringement upon social order and security in the localities In the proposal for deploying and applying measures for criminal prevention, it focuses on two main solutions: social preventive measures (i.e educating political ideas, culture and society, economic development for improved living standard), professional preventive measures of judicial agencies and specialized criminal prevention agencies (such as propaganda and education of laws, campaigning movements of denouncing criminals, administrative management measures and preventive measures in criminal investigation, prosecution and trial activities) Of the above mentioned measures, the socio-economic measure takes a prerequisite role in eliminating criminal causes and conditions, being a platform for enhancing sense of legal compliance, abiding by laws in society At the same time, measures of detecting, investigating, prosecuting, adjudicating and enforcing criminal judgments should also be paid due attention when the crimes of social order and security are still complicated in the current period Preventing crimes of infringement upon social order and security must be carried out completely using various solutions with multidisciplinary participation of agencies, departments and subjects responsible for crimes prevention, so they should coordinate and support one another, aiming at a common target of preventing to reduce crimes 24 DANH MỤC CÁC CƠNG TRÌNH KHOA HỌC 1) Những vấn đề lý luận phịng ngừa tình hình tội phạm trật tự an tồn xã hội, Tạp chí Cơng thương, số tháng 4/2018, tr.39-43 2) Thực trạng giải pháp tăng cường hiệu cơng tác phịng ngừa tình hình tội phạm trật tự xã hội địa bàn miền Đông Nam Bộ, Tạp chí Cơng Thương, số 4, tháng 4/2018, tr 9-13 25 ... Content of preventing crimes of infringement upon social order: - Restricting and eliminating causes and conditions of crimes of infringement upon social order, preventing its occurrence; Timely preventing. .. on preventing crimes of infringement upon social order and security in the Southeastern provinces of Vietnam Chapter 2: Theoretical issues on preventing crimes of infringement upon social order. .. infringement upon social order and security from the social life Meaning of preventing crimes of infringement upon social order: From the aspect of criminology, studies on preventing crimes of infringement