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VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES TRAN THI XUAN ENSURING THE RIGHT TO CLEAN-WATER ACCESS IN RURAL AREAS FROM PRACTICE OF PROVINCES IN RED RIVER DELTA Major: Constitutional Law – Administrative Law Code: 9380102 SUMMARY OF DOCTORAL THESIS IN LAW HANOI - 2020 The Doctoral thesis was completed at: Graduate Academy of Social Sciences Supervisor: Assoc Prof Dr Dinh Ngoc Vuong Reviewer 1: Assoc Prof Dr Dinh Xuan Thao Reviewer 2: Assoc Prof Dr Le Thi Huong Reviewer 3: Dr Chu Van Thanh The doctoral thesis will be examined by Examination Board of Graduate Academy of Social Sciences at The doctoral thesis can be found at: - National Library of Vietnam; - Library of Graduate Academy of Social Sciences INTRODUCTION Rationale The right to clean-water access (RCWA) is one of the basic rights to ensure the existence of human, has internationally been recognized and was nationally noted in Vietnam Constitution in 2013 Vietnam is a country with abundant and diverse water resources However, the availability of instant-use sources still remains limited due to uneven distribution; environmental pollution, unsustainable clean-water access projects; the low proportion of residents having clean water The Red River Delta (RRD) is no exception to that challenge, with the goal that 100% of population will have access to clean water in 2020, ensuring water safety by access to rights plays an important role in current stage On the other hand, clean-water access is now remaining restricted and unequal owing to lack of infrastructure, of official water-rights obstructing the management of water resources; this has impeded the development of human from the perspective of health detriments and economic damages To promote clean-water access possibility in rural areas, contributing to enhancement in residential health and water-resource economic value, it is necessary to achieve a overall development strategy ensuring residential cleanwater access; hence, increasing the sense of ownership and the participation of community to meet demands according to content of the RCWA In attempt to devote an overview to above-mentioned issues in order to support and propose solutions to ensure RCWA for rural resident in Vietnam, the topic of the thesis has been chosen with the title: “Ensuring the Right to Clean-Water Access in Rural Areas from Practice of Provinces in Red River Delta” Purposes, targets and hypothesis of the thesis 2.1 Purposes of the thesis The thesis purpose is to research, establish the theoretical basis and the status of ensuring RCWA in rural areas from the practice of provinces in RRD; thence, proposing solutions in order to ensure RCWA towards sustainable development (SD) 2.2 Targets of the thesis - Research, clarify the theoretical basis of ensuring RCWA in rural areas from practice of provinces in RRD under approach of right; - Research, analyze the status of ensuring RCWA in rural areas from practice of provinces in RRD; - Propose solutions to ensure and promote RCWA in rural areas from practice of provinces in RRD towards sustainable development Objects and scope of the thesis 3.1 Objects The thesis focuses on researching theoretical and practical issues related to ensuring RCWA in rural areas under approach of rights 3.2 Scope - Scientific scope: The thesis concentrates on researching the current RCWA assurance in rural areas on the basis of theoretical and practical issues from a legal approach through analysis of the legal system, practical implementation of law on ensuring RCWA in rural areas from practice of provinces in RRD; thence, set up a scientific basis to propose solutions in order to complete legal basis and carry out law towards sustainable development - Spatial and time scope: The thesis researches ensuring RCWA in rural areas from practice of provinces in Red River Delta with data updated from 2010 up to now New scientific contribution of the thesis Firstly, the thesis has clarified general theoretical issues about ensuring RCWA in rural areas from practice of provinces in RRD, in paticular, ensuring RCWA is determined from the basis of local, national guarantee measures, including: legal guarantee and institutional arrangements for implementation Legal guarantee for implementing RCWA is a system that consists of many legal elements created from the basis of the law system, having close relationship and mutual support in order to enforce law guarantee Secondly, the thesis has proposed solutions to complete ensuring and promoting RCWA in rural areas based on analyzing and assessing synthetically results of theoretical and practical researches from the status of provinces in RRD, with the outlook of The State with responsible for ensuring right, sustainable development, human rights, socialization and international cooperation Scientific and practical meanings of the thesis 5.1 Scientific meaning: Result of the research contributes to clarifying the contents of ensuring RCWA in rural areas under approach of human rights 5.2 Practical meaning: The result of research is a useful consultative document for the work of deploying RCWA guarantee in rural areas from practice of provinces in RRD with features of a delta having Hanoi capital and Northern key-economic region This can also be used as document for teaching, studying and scientifically researching in fields of jurisprudence Methodology and research method 6.1 Methodology: The thesis uses a combination of dialectical materialism and historical materialism to perceive the progress of formation and development by approaching rights; approaching interdisciplinarity, multidisciplinarity and perspective of Vietnam to this right 6.2 Research method 6.2.1 Method of synthesis and analysis: collects documents, reports, researches related to the thesis 6.2.2 Method of comparison: conducts comparisons of achieved results among phases, between policies and implementations, among regions; is the basis to propose solutions to ensure RCWA in rural areas from practice of provinces in RRD 6.2.3 Historical method: considers, systemize the law system which involves in ensuring RCWA – the scientific basis to propose solutions for completing law-implementation assurance in the future 6.2.4 Method of SWOT: analyzes peculiarities of study area to RCWA assurance in rural areas The thesis structure In addition to the introduction, conclusion and references, the thesis consists of four parts: Chapter 1: Overview of research and theories Chapter 2: Theoretical issues of ensuring the right to clean-water access in rural areas Chapter 3: Practical situation on ensuring RCWA in rural areas from practice of provinces in RRD Chapter 4: Perpectives, solutions to complete ensuring RCWA in rural areas from practice of provinces in Red River Delta CHAPTER 1: OVERVIEW OF RESEARCH AND THEORIES 1.1 Overview of researching involved issues 1.1.1 Overview of abroad research RCWA has been recognized globally in UN’s commitments Especially, General Comment No.15 has proposed concept, purposes and theories of standard contents – the basis of collation, implementation, evaluation and supervision at different territorial scales in right-enforcement progress Results of research also show the degree of right recognition in countries as well as proposed solutions to ensure it As a result, the distance in access to advanced water-supply services between rural and urban people is widening In attempt to improve living standard, enhance influences of rural residents, UN, NGOs and governments are making efforts to collaborate in establishing and implementing Clean-and-Safe Water Supply Program for residents with the aim of shortening the difference gap, simultaneously enforcing rights in an effective way with relevant assurance methods Nevertheless, studies are synthesized from practical implementation, so it has not been universal because each distinct territory has its own context, resources and institutions, leading to different implementation tool 1.1.2 Overview of domestic research Several researches have emphasized the role of human-centered approach approach in order to achieve sustainable development; depending on each different stage, there would be different assurance measures through the system of legal documents and enforcement agency from central to local levels The results of studies have pointed out: In spite of many attempts to insure RCWA through National Target Programs, so far, the proportion of people that have access to clean water is still remaining limited, primarily is access to eating-safe water according to National Standard 1.1.3 Overall evaluation of the research and issues that need further study - The theoretical basis: has initially clarified concepts, contents, measures of implementing RCWA through tools that appropriate to the national context In Vietnam, studies have not yet mentioned clearly theories about ensuring right but only stopped at analyzing generally the right-formation progress - The status of implementing right assurance in countries shows that: the distance in access to advanced water-supply services between rural and urban people is widening; rural residents have limited resources, unlikely have opportunity to participate in decision-making progress In Vietnam, RCWA is ensured by the law system, integrated in National Target Programs, especially which of Rural Water Supply and Sanitation - The orientation and solution to effectively enforce RCWA: This has been mentioned in several researches but only in a large scale or suitable to each specific research territory, not comprehensive and systematic Issues that need further study: Clarifying theoretical basis of ensuring RCWA in rural areas; More comprehensive analysis of measures of ensuring RCWA, combines with practical analysis to set up the basis ofoverview assessment; thence, propose solutions to implement efficiently Continue to define context, viewpoints ensuring RCWA, together with practical analysis outcomes of provinces in Red River Delta, which will be the base of relevant decisions 1.2 Theoretical basis 1.2.1 Used theories: Materialism of Marxism-Leninism, Ho Chi Minh Thought on state and law; Theories of management, State management; Theories of right: State’s Power, human rights, right to water access; Theories of approach inter-disciplinarily, multidisciplinarily, approach internationally, Vietnam viewpoint of RCWA 1.2.2 Research questions Question 1: What is Ensuring RCWA in rural areas? Why we need to ensure it? What are the measures and factors? Question 2: How is the practical measure of ensuring RCWA? How is the status of implementing the RCWA assurance in rural areas from practice of provinces inn Red River Delta? Question 3: Which viewpoints and solutions are essential to complete ensuring RCWA from practice of provinces in Red River Delta? 1.2.3 Research hypothesis Hypothesis 1: RCWA is a basic right to ensure the existence of human, accomplish other basic rights, and is a factor contributing to residential living-standard improvement through assurance measures Hypothesis 2: Vietnam has enacted a law system in order to ensure implementation of RCWA, especially recognized in the Constitution with appropriate ensuring institution Accompanying with the effort of political system and residents, together with the international support, has raised the proportion of rural people having access to clean water However, the assurance quality remains limited due to the lack of awareness of regulatory authorities and residents, the illogicality of resources and distribution of them Hypothesis 3: From the viewpoint of promoting internal resources, depending on demand with national support, steadily forms clean-water market in accordance with the direction of ensuring Social Security Solutions need to complete the legal basis of ensuring rights; improve the capacity of implementation institutions as well as guarantee conditions CONCLUSION OF CHAPTER RCWA has been clarified concepts, contents and measures of implementation; nevertheless, in Vietnam, the RCWA has been only studied together with other rights; has not yet defined the theory, characteristics and complexity of right-assurance relationship RCWA has been recognized by most of countries in their institutions with different level; yet, it has not been distinctive and systemized thoroughly in approach to ensure RCWA in rural areas Simultaneously, proposed solutions to this remain general, implementation basis is difficult to enforce owing to the lack of data base or specific areas only; being attached to several national and international support programs, not yet considered with sustainability and efficiency in maintenance The thesis has deployed researches based on the theoretical basis system together with raised questions and hypotheses; combined with relevant study methods in attempt to achieve the target of this thesis CHAPTER 2: THEORETICAL ISSUES OF ENSURING THE RIGHT TO CLEAN-WATER ACCESS IN RURAL AREAS 2.1 Human rights and the right to clean-water access in rural areas 2.1.1 Human rights Human rights is a system of rights of human, which reflects demands, interests, inherent capacity of all people recognized, respected, protected and guaranteed society by law system 2.1.2 The right to clean-water access in rural areas The right to clean-water access is vital to mankind; accordingly, every single person has right to access to qualified safe-for-health water, responding criteria of fullness, approachability, acceptability on the basis of equality, non-discrimination and autonomy in access Important points of RCWA: (i) RCWA is an indispensable need of human; essential human condition – subject, participation and benefit, the basis for implementing and associating with other rights; (ii) Approach based on human rights; (iii) Fairness; (iv) Nondiscrimination; (v) Autonomy 2.1.3 Meaning of the right to clean-water access in rural areas Ensuring RCWA plays an important role since water is a basic element in maintaining life as well as all human activities The work of ensuring water supply both in quality and quantity is the prerequisite condition towards sustainable development, which can be shown as three aspects: (i) Ensuring clean-water access is: a basic need in daily life, an issue that is getting more and more vital, and the center of 2030 Agenda held by UN and national sustainably development (ii) Ensuring clean-water access contributes to health enhancement, disease reduction, rise in human labor and production Contaminated water source may have a great impact on implementing other basic human rights, like the right to live and the right to health (iii) Ensuring clean-water access is also considered to be an important figure on the way to eradicate hunger, reduce poverty, improve living standard and bring civilization to human 2.1.4 The content of the right to clean-water access in rural areas - Accessibility is determined by following factors: Easy access in safe distance for all residents’ physical health; Affordable price that is suitable for everyone as well as not obstructing the benefit of other human rights; Approach both in laws and practice; Right to search and convey information - Quality: ensure safety according to national standard - Quantity: guarantee 60 liters/day/person at minimum - Sustainability: (i) About water sources: no over-exploitation, naturally replenished; (ii) About constructions: good operation and maintenance, supply water that meets national standard; (iii) Participation of the community; (iv) About technology: ensure supply capacity, approved by the community; (v) About financial economics: respond all expenses, especially of operation and administration; (vi) About organization: have enough capacity and supported in construction, technical assistance and legal system - Fairness: all people have the right to clean-water access, without any discrimination, especially those who are disadvantaged in both legal and practical field 2.2 Ensuring the right to clean-water access in rural areas 2.2.1 Concept of ensuring RCWA in rural areas: By law, ensuring RCWA is a synthesis of legal regulations recognizing right, legal institutions to ensure effective enforcement, promoting the RCWA in rural areas to ensure the core value of the right 2.2.2 Factors that influence on ensuring the right to clean-water access in rural areas - Political factor: plays the most important role in the process of ensuring human rights through establishing, implementing, monitoring guarantee mechanism, thence create a necessary environment for human to benefit rights - Economic factor: is the condition for political stability, improving legislation and solidarity of all classes in society; is the basis of efficient law-enforcement, making rights come real - Legal factor: A mean of formalizing and legalizing social value of natural rights A mean of ensuring the practical value of human rights; plays a role as a tool that helps State to ensure compliance and implementation of human rights of distinguished subjects in society, economic classes to have opportunities to participate in management, exploitation and use of water The system of legal regulations has affirmed to ensure contents of RCWA from legal basis As follows: - Accessibility: Easy access; affordable price for vulnerable groups supported with policies; - Quality: meets the required standards set by the Ministry of Health; - Quantity: 60 liters/person/day at minimum; - Sustainability: Water-supply constructions have to ensure constant and adequate supply in various forms of investment, with deltas: prioritize forms of socialization, public-private partners; disadvantaged subjects need to have appropriate building investment Apply watersupply paradigm suitable to financial fund and support ability On basis, National Target Programs of localities in the RRD have approved planning, plan to implement clean-water supply that fit certain conditions, yet must ensure general requirements related to content of ensuring RCWA in rural areas 3.2.1.2 The law-document system of ensuring the right to cleanwater access through economic interest The system of legal documents through economic measures aims at raising awareness of responsibility in using water, towards logical and environmental-effective use; ensures the harmonious relationship between suppliers and users; simultaneously, ensures stable financial source in maintaining, enhancing and advancing quality as well as accessibility on the basis of relevant price, fee, tax; thence, ensures efficient implementation of RCWA content Regulatory documents, including: Water resource tax; Rural living-water price; Subsidy, support (living-water price, investment in water-supply infrastructure) Above-mentioned legal basis has contributed to: Ensuring accessibility to water safely; creating financial source to support and maintain Clean-Water Access Programs Ensuring fairness: all residents, especially disadvantaged ones, have cleanwater access; the more user consume, the more they must pay Ensuring sustainability in supplying water: Encourage solutions to exploit and use effectively, reasonably, avoid wasting and environmentally polluting; encourage technology development and application of efficient administration paradigms 11 3.2.1.3 The law-document system of implementation of ensuring RCWA through regulations in control and monitoring Technical measures which hold the roles of State control and supervision in quality and environmental elements of water supply, including: Monitoring the service quality through the flow measured by water meter as well as physical and chemical tests; Assessing water environment, zoning area protection of taking water supply; Applying geographic-information system and procedure of producing clean water This law-document system has contributed to: Ensuring monitoring, check of the water-supply constancy and safety; Ensuring the sustainability of water sources, technology as well as management organization; Regulating community participation in supply water management and monitoring activities The unification of standard, requirements and techniques systems of water and technology qualities has facilitated the management of water according to content of the right to clean-water access 3.2.1.4 The law-document system in ensuring the right to cleanwater access through regulations of violation penalty Administrative-violations penalty: The Government has enacted regulations of sanctioning administrative violations in the field of water resources according to Decree no 33/2017/GD; Criminal Law, 2017 Chapter XIX regulates environmental criminals; Article 235 regulates environmental-violation crimes, accordingly the fines are from million to billion VND for environmental-violation activities Criminal penalty: Criminal Law, 2017 Chapter XIX regulates environmental criminals; Article 235 regulates environmentalviolation crimes, accordingly imprisonment penalties are from months to 10 years for environmental-violation activities, including water environment 3.2.2 Ensuring the right to clean-water access through institutional arrangements for implementation 3.2.2.1 State management system in Central The Government unifies the management of state in water-supply activity in Vietnam; enacts and directs implementation of strategies, orientations of water-supply development in national level (Clause 1) Ministry of Agriculture and Rural Development takes the responsibility for performing State-management function in water 12 supplying in rural areas (Clause 3); the Ministry’s permanent authority is General Department of Irrigation Ministries, departments, people’s committee of localities have the responsibility for cooperating with Ministry of Agriculture and Rural Development to deploy the implementation of Rural Water-Supply Target under their functions, missions 3.2.2.2 State management system in Local level - Province’s State management agency: establishes Steering Committee under Provincial People’s Committee Department of Agriculture and Rural Development is the professional advisory body Other professional bodies have the duty to associate according to assignments of Provincial People’s Committee and guidance of The Department of Sector Management - District’s State management agency: People’s Committee in District level takes the responsibility for implementing effectively the State management function with local Agenda, arrange department of specialized coordination - Commune’s State management agency: People’s Committee in Commune level is responsible for receiving and organizing management, exploitation, maintenance and protection of constructions assigned to the Committee to administer and use; under the technical management of professional-management department Through institutional arrangements for implementation, legal bases related to contents of RCWA in rural areas has been deployed efficiently, not only ensuring the unification in National level, but also ensuring the local and territorial peculiarity However, this institution is operational and responsible to superior authorities in order to ensure set targets, especially not leaving anyone behind (AGENDA 2030) in the way to achieve clean-water access 3.3 Implementation status of ensuring the right to clean-water access in rural areas 3.3.1 Accessibility: The proportion of rural residents guaranteed to have safely water access during 2010-2015 period has risen 10-23% on average Up to the end of the year 2018, this has become 98.24% of the whole region; risen nearly 5% and 20.4% in comparison with 2015 and 2010 consecutively; in which, several localities have the proportion of 100% residents having access to hygienic water sources 13 (Hanoi, Hai Duong, Thai Binh) Nevertheless, the proportion of residents using clean water, according to National Standard 02:2009, has risen too slow, on average approximately 4.5% during 2015-2018 period; Hanoi was the lowest that only reached 48% About water sources: underground water, which is not refined or quality-tested, accounts for a large proportion About water-supply technology: some proper scientific and technological advances have been applied in localities, for instance: rain system and sand filter to handle iron and arsenic pollution from wells using shallow underground water About management paradigm and mechanism: so far, there have been 04 centralized water-management paradigms; in which, the model of businesses and cooperatives management is dominant and evaluated to be relatively effective 3.3.2 Sustainability: Water-supply sources is now deteriorating in quality due to the surface-water pollution and decrease of underground-water level, which are caused by over-exploitation Some places depend on the seasonality of irrigation works Residential participation: propaganda work has not been extensive leading to not attracting many approvals About technology, watersupply construction mainly bases on traditional technology, so the quality of constructions are not high About economy and finance, they depend on State budget and funding sources; combining with low water-price has impacted on financial sustainability of watersupply facilities About organizing, management has not followed the market economy principle and the participation of private element in management remains restricted, operational-administration level has not been professional, equipment for water-quality internal inspection and problems handling stay poor, has not yet promoted the efficiency of water supply stations About constructions sustainability, since the sustainability of technology, financial economy and organization have not yet ensured, several rural water-supply constructions have been now extremely deteriorated, affecting the ability to clean-water access of residents 3.3.3 Fairness: About accessibility, the difference of proportion of residents having clean-water access is quite clear by regions and localities Capital distribution remains unreasonable, while structure is still mainly public investment capital; the preferential credit 14 source, despite holding an important role, has unstable interest About water source, water-resource distribution is uneven and drastically changed over time, leading to lack in dry seasons; rural water-supply system, mainly small-scale water-supply stations, water wells are not regularly checked because of limited funding and asynchronous management of water-source quality 3.4 Overall evaluation of the status of ensuring the right to clean-water access in rural areas 3.4.1 About the measures of ensuring RWCA 3.4.1.1 Ensuring the contents implementation of the right to cleanwater access based on legal basis RCWA is ensured by law, concretized in law-document system, including: documents of general directions, documents that regulate the economic interests, as well as control and monitoring Contents of RCWA are all shown, integrated in law documents and ensured by reasonable legal basis 3.4.1.2 Ensuring the right to clean-water access from practice of provinces in the Red River Delta Applying legal basis: Localities have applied legal bases of the State; simultaneously, enacted related legal documents proper to local conditions, context and resources, ensuring “not leaving anyone behind” principle in clean-water access in each specific stage Institutional arrangements for implementation ensures the enforcement of RCWA under general regulations and guidance of the State 3.4.2 About practical implementation About accessibility: Results have contributed to improving safe water supply, which means ensuring stable water supply, stabilizing adequate pressure, constancy and quantity, ensuring water quality according to regulatory standards Localities has applied and abided all legal, economic and technical measures in attempt to achieve National Target Programs on the basis of efforts to take advantage of resources in order to invest in upgrading infrastructure and awareness of related sides, thence completes important items of the project, raises the proportion of residents having safe-water and clean-water access In addition, some localities have approached breakthrough development paradigms, applied properly the Joint Circular 37/2014/TTLT-BNNPTNT-BTC-BKHĐT; from that, completing the 15 target of supplying water to 100% rural residents ahead of schedule, for example: Thai Binh Existing challenges: The lack of official rights for water resources has made difficulties in sustainable-water source management under approach of rights Policy mechanisms remains inadequate and weak to attract participation of economic elements, including private sector Capacity of administration and operation in localities is limited leading to the validity and effectiveness deterioration of policies, agencies and organizations established to supply water service have not gained the self-accounting and selfplanning ability, not ensured enough resources to maintain watersupply system in exploitation and operation progress The participation of residents remained restricted Check and monitoring implementation of law regulations have been loose, causing undetected violations as well as not handle in time Lack of financial potentials; conflicts in water access and management paradigm still remain in several localities CONCLUSION OF CHAPTER Vietnam has recognized and steadily deployed solutions to ensure RCWA proper to specific conditions of each territory Safe-water access has become a legal right of every individuals, not just a welfare service Together with that, Vietnam has enacted as well as enforced many measures in order to ensure rights implementation in a fair and transparent way through dissemination widely and call for water-resource support and protection from all over the society as well as ensuring that residents have many opportunities to fair wateraccess environment The RRD has one of the highest proportion of people having hygienic-water access in Vietnam; yet the gap of localities is still big: while many others have had flexible measures that can be considered breakthroughs to attract investment under the direction of socialization, some are still confused in efficient deployment and management for water-supply constructions, causing waste of investment capital; especially inadequate finance is the major reason why there remain difficulties in implementation progress 16 CHAPTER 4: VIEWPOINTS, SOLUTIONS TO COMPLETE ENSURING THE RIGHT TO CLEAN-WATER ACCESS IN RURAL AREAS FROM PRACTICE OF PROVINCES IN THE RED RIVER DELTA 4.1 General context The need of ensuring RCWA: RCWA in rural areas has been concretized in law and related documents of the water sector Target of ensuring clean-water access has been deployed in stages yet limited outcomes and low sustainability still exist The major reason is that the capacity of mobilizing and contributing resources, as well as the awareness of implementation agency and residents, are challenging Therefore, the need of ensuring basic rights for human in general and RCWA in particular holds an important role, always exists, and is considered to be one of the solutions to achieve SD target Potential and challenge in water-supply source in RRD provinces: The abundant water resource is created mainly by the combination of the Red River-Thai Binh River system and favorable socio-economic condition However, the quantity of water distributes seasonally, some points have shown the pollution phenomenon; along with the difference of each local resources leading to the need of solutions depending on appropriate perpectives in order to promote territorial advantages and bright spots in ensuring rights to enhance, multiply and overcome disadvantages of ensuring rights, towards the target: ensuring all rural residents can access to National-standard water, at minimum 60 liters/person/day 4.2 The viewpoint in ensuring the right to clean-water access in rural areas 4.2.1 The viewpoint of the State in taking responsibility for ensuring RCWA: The State must be responsible for organizing implementation of ensuring the right through suitable control and enforcement mechanisms 4.2.2 The viewpoint of sustainable development: To obtain sustainability, it is essential to: Ensure to have a constant and timely financial source; be sustainable in use; be sustainable in operating In attempt to ensure sustainability and fairness in clean-water access, there is vital to: Improving the role of user in water-supply 17 construction decisions; Do as the principle “User must pay” for building and management activities The government only supports disadvantaged subjects; simultaneously, “The one who pollutes water sources must pay” 4.2.3 The viewpoint of right-based approach: allows enhancing service quality and living standard for all people 4.2.4 The viewpoint of socialization and community approach: the participation of community not only helps with promoting RCWA in rural areas but also raises the general voice of disadvantaged subjects as well as converts accessing methods to assist them in performing their rights 4.2.5 International integration in water use on international river basins and ensuring rights implementation: Enhance association, ensure fairness and reasonability in exploiting, using and protecting the water resources basing on the principle: ensuring national sovereignty, territorial integrity and national interests; ensuring the systematic drainage basins, unseparated by administrative boundaries 4.3 Solution to ensure the right to clean-water access in rural areas 4.3.1 Complete the legality of ensuring RCWA 4.3.1.1 About accessibility: It is necessary to apply and perform the Law on Environmental Protection, Water Resources Law and other related precisely to decrease problems in sustainable management and allocation of water resources under the approach of rights At the same time, proper mechanism is needed for residents to achieve access to transparent information about the source and quality of supply water Also, there should be more specific encouragement policies in using water sparingly and more efficiently; assurance of fairness in exploitation and use of water among regions and localities And, complement as well as complete specific guidance documents for investigation, statistics and evaluation of the supplywater quality through finishing the National Technical Standard System of the supply source, safety and cleanliness of water Supplement and integrate the principles of approaching human rights in related law documents, thence contributing to raising the responsibility of the State for implementing simultaneously the 18 functions of protection and assurance of human rights in waterproduct value chain 4.3.1.2 About ensuring sustainability and fairness: Establish the proper legal frameworks of punishments of water resource violations, ensure the validity and strictness in maintaining water-supply source; deploy plans of supplying safe water; establish mechanism of encouraging the link of potential regions and advantages based on creating legal corridor to form stable national resources and environment; resources are planned into territories with different use targets, and need determining clearly the boundary of territories on maps and lands; the policy of resource allocation/share, policy of addressing conflicts among localities/territories in resource-use link and environmental protection must be unified, ensuring the systematic and aggregated approach in national scale with appropriate set of economic tools; establishing the executive management institution under market mechanism, creating legal environment to boost investment-encouraging mechanism according to forms of socialization and public-private partner 4.3.2 Improving capacity of institutional arrangements for implementation Water resource is controlled consistently from centrality to locality and completed in decentralized management In attempt to guarantee the effectiveness in deploying activities related to ensuring RCWA in rural areas, it is vital to: Have adequately strong agency in coordinating and cooperating while using resource and protecting environment in localities; Have long-term resources planning based on the viewpoint of integrated approach; have monitoring mechanism, check the implementation progress to ensure efficiency of plans; improve the capacity of State Monitoring agencies in performing functions, missions related to rural water-supply; increase accountability, transparency level for residents to gain access to statistics of how effective the enforcement is; decentralize in an aggregated way, all in resources, targets and tasks; with water-supply units: raise the right to possess and participate of residents in watersystem management; increase the number of private water-supply units and public-private partners It is also need to enhance checking 19 and monitoring units that are given permissions to administer, use and exploit water-supply constructions 4.3.3 Solution of establishing conditions to ensure RCWA 4.3.3.1 The economic solution Solution of capital: Create mechanisms to ensure equality as well as fairness for all economic subjects participating in supplying clean water in order to gain access and loan suitable to each region and water-source cycle; facilitate for economic subjects, especially private sector, to have approach to capital and supports from financial organizations proper to market mechanism About investment support from budget: Depends on regulations of policy and budget of localities which support enterprises in the method of support after the completion and come-in-use of constructions; it is necessary to ensure the competitiveness in rural clean-water business, prioritize systems with large scale, sustainability, cutting-edge technology, good water quality and affordable price Apply appropriately mechanisms and policies to encourage enterprises to invest in agriculture, countryside Investment policy needs to be proper to the characteristics of water-supply scale, to each activity paradigm of producing and selling clean water to ensure the possibility in using capital And also selective investment for subjects from the basis of studying the ability of making use of capital, avoid the status of scattered investment in wrong subject or wrong rational use It is important to research and enact suitable water-price frameworks to ensure water-supply companies are financial independence, simultaneously protect user’s rights Support in development investment of infrastructure and cleanwater business under the principle: the work of investment and construction the infrastructure must be proper to overall planning of socio-economic development of all the region, attached to planning and distribution of residents, arrangement of manufacture and protection of ecological environment; Water-service fee needs to be modified to steadily embody precisely the financial cost for supplying water, operating and maintaining as well as further investments in attempt to improve water-supply service, water quality and ensure the efficiency and sustainability of system Mobilize, encourage private sector to join in clean-water supply 20 4.3.3.2 Solutions of water-input protection: it is necessary to work out solutions to improve water-input protection, contributing to decrease handling cost; ensure the quality of water supplied to consumers with reasonable price 4.3.3.3 Solutions of science and technology: Enhance deployments of research programs and applications of scientific and technological advances to constructions of clean-water supply; Diversify the watersupply technology properly; Set up encouragement policy and application support in order to develop solutions for modern technology, water saving, energy saving in the field of rural water supply; management through automatic monitoring system associated with sudden investigations and checks Boost the application of suitable management paradigm: Prioritize the paradigms of public administrative units; paradigms of administrative enterprises; paradigms resulted from the association of public units and enterprises 4.3.3.4 Social solutions to ensure community and fairness in cleanwater access Propaganda and educate to raise awareness and responsibility of local government, water-supply units and residents in supplying and using clean water meeting national standards both in quality and quantity Bring information and communication regularly to residents through community-based activities, focus on changing awareness as well as behaviors; Improve more and more participation of residents during implementation progress; thence, create motivations and considerations that the resident is the major subject in achieving the targets of decreasing poverty and building new countryside There is also vital to mobilize and encourage people to actively use cleanwater sources; raise awareness of clean water and the duty to protect water sources and health Enforce the diversification of contents as well as propaganda forms, integrate in activities held by social organizations through electronic information page Enhance trainings, labor developments, both in long-term and short-term Consolidate and establish community organizations related to the management of water-source development and preservation Ensure the disadvantaged subjects, including: the poor, policybenefited families to benefit water price with suitable subsidy 21 mechanism, access measure integrated with flexible mechanisms to ensure that all residents have clean-water access at minimum degree; thence, implement the social-security paradigm of approaching the basic social services, steadily guarantee better enforcement of residential basic rights, appropriate to the socio-economic development status of locality, of nation, getting asymptotic to international standards Ensuring social security for disadvantaged subjects is defined as an important part of social policies – the condition to ensure the socialist direction for the development of market economy, reflecting the beautiful essence of our regime, contributing to the assurance of a secured, equal and happy life of all people CONCLUSION OF CHAPTER - Ensuring RCWA has been always defined as one of the most important missions of the political system; integrated and implemented in National Target Programs to step by step guarantee the access abilities of residents with national-standard water, getting asymptotic to international commitments of the right to water access Localities in the RRD are considered to have many favorable conditions of socio-economic potentials as well as water-supply sources; nevertheless, while implementing assurance measures, there still remains issues; therefore, rights assurance is always emerged in nowadays stage, so that not only achieve proposed targets but also response residential demand in specific context - Major viewpoints, applied to ensure RCWA, include: sustainabledevelopment viewpoint, right-approach viewpoint, socialization and community-approach viewpoints; international integration Those are directive outlooks, holding essential role towards the target of improving the right to approach basic human needs through concretizing strategies, policies of the Party and the State - Based on analyzing the status of recognizing rights and directive viewpoints, the thesis has proposed groups of solutions to ensure as well as boost RCWA, including: Complete the legality of ensuring RCWA; Enhance the efficiency of implementation of ensuring RCWA in rural areas; Solutions of establishing conditions of ensuring RCWA in rural areas 22 CONCLUSION The thesis has determined basic theoretical issues related to ensuring RCWA in rural areas, for instance: the concept and content of right and guarantee of RCWA in rural areas Simultaneously, it has clarified significance, influence factors and major measures in ensuring RCWA in rural areas Based on the results of research in theory, the thesis has proposed a theoretical framework relating to thesis’s purposes Accordingly, ensuring RCWA has been a global issue concerned for ages through rights to life and health In Vietnam, this subject has also been recognized in researches and law policies of the Party and Government with appropriate ensuring measures for each specific development phase of the country and of each locality The results have analyzed status of ensuring RCWA from practice of provinces in RRD through the measures of ensuring rights and practical implementation, show that: RCWA is recognized in Vietnam Constitution and law system; Regulatory authorities have enacted measures to ensure RCWA in legal aspect and reasonably implementation institution; thence, having a significant influence in steadily ensuring details of right about accessibility, specifically focused on vulnerable cases, in order not to leave anyone behind with reasonably mechanism Localities of RRD have applied flexibly them to ensure RCWA and made practical deployment effective; therefore, accessibility, sustainability and fairness in RCWA have been preliminarily determined, the resident have rights to take part in more development decisions – this has been pointed out in legislation and practical implementation Nevertheless, the execution quality of National Rural Clean-water supply Program still has drawbacks due to ineffective use of capital and attached solutions, not having plan of establishing, managing exploitation and supplying with integrated approach leading to capital waste for investment, not having many residents use despite completed construction, operating management work remaining inadequate Administrators and residents’ awareness, especially short of finance for maintenance, improvement and development are the major reasons causing them 23 In attempt to address above-mentioned problems, contribute to the efficient implementation of National strategy on rural clean-water supply on the basis of viewpoints: Approach of SD, human right, socialization and international cooperation It is essential to complete the legal-document system through integrating the principles of human right, which is considered to be a key point to ensure and enhance basic values of human right; to respect and promote the power of solidarity, to have correctly organizational measures and flexibility and appropriately policies with national and international circumstance in order to encourage and attract all members of society to participate in the exploitation, use and protection of clean-water source Only that can RCWA in rural areas be ensured and promoted, simultaneously complete the targets and missions of National Rural clean-water Supply Program There is need to be aware and enforce socialization in clean-water access right thoroughly, proper to socio-economic characteristics of each region, to achieve the benefits of the subjects, of all the society, and, at the same time, the sustainable development of water resources In addition, it is necessary to multiply good experiences related to ensuring the right to use of the rural resident, especially joint-venture and cooperation paradigms in attempt to promote the efficiency of capital and services to meet requirements to enhance right to clean-water access in long-term Besides, it is necessary to promote scientific and technological researches into chain of cleanwater supply and produce; as well as propaganda to raise people’ awareness about their responsibilities and duties./ 24 LIST OF AUTHOR’S PUBLISHED WORKS “General issues on basic right of human in access of clean-water source” Human Resources of Social Sciences Journal, No 11/2016 “Basic tools for ensuring enforcement of clean-water access” Human Resources of Social Sciences Journal, No 10/2018 “The tools for ensuring enforcement of clean-water access in rural area of RRD” Human Resources of Social Sciences Journal, No 10/2019 “The right of clean-water source access in Vietnam urban” The scientific research topic of Graduate Academy of Social Sciences level, Storage of Library of Graduate Academy of Social Sciences, Hanoi, 2016 “Basic measures for ensuring enforcement of the right to cleanwater access in rural areas” The scientific research topic of Graduate Academy of Social Sciences level, Storage of Library of Graduate Academy of Social Sciences, Hanoi, 2018 “Practical situation on ensuring the right to clean-water access in rural areas of Red River Delta” The scientific research topic of Graduate Academy of Social Sciences level, Storage of Library of Graduate Academy of Social Sciences, Hanoi, 2019 “The solutions for ensuring the right to clean-water access in rural areas of Red River Delta” The scientific research topic of Graduate Academy of Social Sciences level (ongoing) ... in Local level - Province’s State management agency: establishes Steering Committee under Provincial People’s Committee Department of Agriculture and Rural Development is the professional advisory... to assignments of Provincial People’s Committee and guidance of The Department of Sector Management - District’s State management agency: People’s Committee in District level takes the responsibility... agency: People’s Committee in Commune level is responsible for receiving and organizing management, exploitation, maintenance and protection of constructions assigned to the Committee to administer