THÔNG TIN TÀI LIỆU
VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES TRAN QUYET THANG ACCOUNTABILITY OF THE GOVERNMENT IN COMPLIANCE VIETNAMESE LAW Major: Constitutional Law and Administrative Law Major code: 38 01 02 SUMMARY OF DOCTORAL THESIS IN JURISPRUDENCE HA NOI - 2020 The study is completed at: GRADUATE ACADEMY OF SOCIAL SCIENCES Science instructor: Prof Dr Nguyen Dang Dung Reviewer 1: Prof Dr Nguyen Minh Doan Reviewer 2: Assoc.Prof Dr Nguyen Van Manh Reviewer 3: Assoc.Prof Dr Nguyen Minh Man The thesis is defended at the Academy-level Thesis Assessment Council, which meets at the Graduate Academy of Social Sciences, 477 Nguyen Trai street, Thanh Xuan district, Hanoi Time: at the time of date month year 2020 The thesis can be found at: National Library Library of the Academy of Social Sciences PREAMBLE The urgency of the topic Government accountability is an indispensable requirement to control the work of government in the organization and functioning of contemporary states In Vietnam, the government's accountability with different names has been recognized in the national legal system and has been carried out in practice by the Government over time In particular, in the two terms 2011-2016 and 2016-2021, the accountability of the Government of Vietnam has been identified and institutionalized in many legal documents Issues of subject, content, modes and consequences of the Government's accountability have also been shaped and continuously improved Also during this period, accountability of the Government was implemented and improved, enhanced the effectiveness and efficiency of the monitoring subjects, mainly before the National Assembly and the people However, both the legal practice and the implementation of the Government of Vietnam accountability law still have many limitations such as: - In terms of legal practice: Up to now, the accountability of state agencies in general and the Government in particular has not been recognized by a specific law, instead it is only centralized institutionalization at the level of a sub-law document with Decree 90/2013 / ND-CP dated August 8, 2013 defining the accountability of state agencies in implementing assigned tasks and powers cool in some other legal documents such as the 2010 Inspection Law; Law on Government Organization 2015; The Law on Anti-Corruption in 2018 In each different normative document, the accountability is explained with certain differences It is the lack of aggregation that has made the current legal framework for accountability in Vietnam incomplete and unified At the same time, components of the government's accountability such as subjects, contents, modes and consequences have not been focused, fully, and there are many overlaps and problems - Practical implementation: On the basis of the gaps in the legal corridor, along with the limitations of thinking that in practice, despite the accountability in general and the main accountability Government in particular has been implemented but has not brought the expected results Specifically: the actors in the government's accountability relationship, although there are delineations, have not really operated effectively The National Assembly and the specialized agencies of the National Assembly not yet require and monitor the Government's accountability in a comprehensive manner; The courts not have legal corridors to demand accountability of the Government and people not have deep awareness of their rights and obligations, and lack of mechanisms to access information to request information accountability requirements and oversight of the Government; The contents of accountability of the Government have not been fully implemented due to problems with the scoping mechanism that is not accountable and the monitoring subjects lack the expertise to request and monitor some specific content; the methods of performing accountability are traditional, have not yet applied new methods, in accordance with the requirements of the times and the habits of the society; The legal consequences, especially the adverse consequences to the Government's accountability, are not deterrent enough and are rarely applied in practice From the limitations of legal practice and the implementation of the law on accountability of the Government of Vietnam, there is an essential need for scientific research to establish a theoretical basis for accountability accountability of the Government, while examining the current status of legal institutions and the implementation of legal institutions on accountability of the Government of Vietnam, to provide scientific support for extensive research and propose solutions to improve and perfect the practical issues of Government accountability in the current context of building a new public administration in Vietnam However, the number of studies on accountability in general and the government's accountability under the law in particular is small Up to now, there have been no works that have directly studied the Government's accountability, so the theoretical issue has not been agreed, the contents of the survey and practical assessment are not sufficient, so the solutions Proposals to enhance the Government 's accountability under the law have not made many breakthroughs On the basis of the above practical and scientific needs, it can be affirmed that the study of accountability in general and the government's accountability in particular is an urgent requirement of the present and is a direction Research is gradually gaining popularity in the future The selection and implementation of the topic "Accountability of the Government in compliance with Vietnamese law" in the scale of a jurisprudence doctoral thesis is completely consistent with the requirements of that practice Purpose and mission of the study 2.1 Research purposes The thesis provides theoretical and practical arguments to improve the law and improve the efficiency of law implementation on the accountability of the Government of Vietnam in the future 2.2 Research mission To achieve the research purposes, the thesis identifies and performs the following research tasks: Firstly, collect and systematize typical scientific works on Government accountability, select, analyze, and evaluate these documents according to specific content and make comments thesis on the recent trends in the research of accountability; identify new research content on accountability of the Government; Secondly, explain the general theoretical issues about the Government's accountability such as: concepts; role; the components of accountability, including: subject, content, method, and consequences; Thirdly, review and assess the current state of legal regulations and the implementation of the current legal provisions on accountability of the Government of Vietnam Thereby pointing out the advantages, disadvantages and causes, creating a premise for proposing solutions; Fourthly, propose perspectives and solutions to improve the law and strengthen accountability of the Government of Vietnam in the future Object and scope of the study 3.1 Research subjects The research object of the thesis is the Government's accountability under the law in terms of: theory; legal and practical practices; solution 3.2 Research scope - Scope of content: The thesis studies the accountability of the Government in terms of Constitutional Law and Administrative Law In which: The Government in the thesis is considered as an organization leading the executive, meaning "cabinet" - narrow meaning Do not study the Government as the executive apparatus - broad sense; The dissertation only focuses on research on the accountability of the Government in accordance with the law, but does not study accountability before the political party - Spatial scope: The thesis researches the theory of the Government's accountability in the world and researches the current situation and solutions to improve the accountability of the Government within Vietnam - Scope of time: The thesis studies the practical accountability of the Government of Vietnam in historical periods from 1945 up to now In which, focusing on analyzing the current accountability situation of the Government in two terms (2011-2016 and 2016-2021) - a period of dramatic changes in the organization and operation of the state apparatus and the progress of democratic values in the country At the same time, on the basis of these facts, the author forecasts the changing trend of the factors constituting the accountability of the Government in the next ten years in order to propose solutions to improve accountability laws of the Government of Vietnam for the period 2020-2030 Research Methodology and Methods 4.1 Research methodology The thesis uses methodology which is the principles of MarxistLeninist Philosophy, Ho Chi Minh's thought on state organization and law; the Party's views, lines and undertakings on the supervision of state power; Legal institutions recognize the oversight of state power in general and the government's power oversight in particular and the government's legal provisions on accountability Besides, the thesis also uses the methodology "Social Contract" on the power cycle, where sovereignty belongs to the people 4.2 Research Methods During the implementation of the thesis, the author uses a combination of many different research methods depending on theoretical or practical issues Basic research methods include: Group of theoretical research methods include: Analysis method and theoretical synthesis; Theoretical classification and systemization method; Modeling method; Method of describing institutions; Historical method; Comparative jurisprudence method Practical research methods include: Scientific observational method; Analysis and synthesis of experience; Professional solution New scientific contributions of the thesis The author identifies new scientific points of the thesis including: Firstly, the thesis contributes to study systematically scientific theories about the government's accountability Thereby providing the concept, meaning and constituents of the government's accountability laws Secondly, the thesis contributes a comprehensive assessment of the legal status and implementation of the law on accountability of the Government of Vietnam in recent years, pointing out the shortcomings, limitations and shortcomings of existing laws and problems in current Vietnamese government's current accountability law implementation practices Thirdly, the thesis contributes proposing scientific requirements and solutions to improve the law and improve the efficiency of accountability of the Government of Vietnam in the coming time With those new contributions, the author wishes to establish the urgency for the trend of accountability research in legal science in Vietnam today The theoretical and practical significance of the thesis 6.1 Logical meaning The research results will enrich the knowledge system, understanding the content of accountability; At the same time, to a certain extent, the thesis is a valuable reference for the future related research Thereby, suggesting new research direction on the issue of accountability in particular and control of government power in general 6.2 Practical significance The research results can be used as a reference value for the development, promulgation of laws and other relevant documents governing government accountability; The solutions, if agreed by managers, can also become reference options or application options to improve the efficiency of the Government's accountability in the future; in addition, research can also become an additional content to the curriculum of modules: Constitution Law; Administrative Law and State Management modules The structure of the thesis The thesis is structured into two groups of contents, including: The first group, the contents related to the thesis content include: Introduction, Conclusion, List of the author's research published related to thesis and reference list The second group includes the main contents of the thesis is structured according to the layout: chapters, 14 sections and sub-sections Chapter OVERVIEW OF RESEARCH RELATED TO THE THESIS 1.1 Research situation in foreign countries Accountability has been studied by many foreign works in various aspects: theoretical, practical and proposed solutions with different approaches Can be mentioned as: - To study accountability as a mandatory requirement of the organization and operation of a political system Under this approach, accountability is established as the basis for ensuring control of state power from both inside and outside - Research accountability as a requirement of publicity and transparency of the government This aspect shows that, in its law enforcement, the government generally uses accountability as an important and optimal means of disclosure and transparency - Research accountability as an effective anti-corruption method This is a popular research direction in the world and has been studied in practice in many international organizations such as monetary institutions, banking institutions, non-governmental organizations - Accountability study is an inevitable requirement of the decentralization trend between central and local governments Accordingly, the trend of decentralization is a process of giving more authority to the local government and means that the government has more accountability to the central government for its official acts In addition, there are many other research approaches to accountability Although clear research trends have not been established, but these research angles contribute to diversifying research content on accountability in the world 1.2 researches in our country Unlike the research situation in foreign countries, in the country, the accountability has not been many researches, so the approach angle is not diverse, the concept of the concept of accountability There is also no general consensus Some of the research trends in accountability include: - Accountability is one of the four pillars of good governance This view holds accountability with: citizen participation; transparency; Prediction becomes the four components of good governance In which accountability plays a central role - Accountability is a means of publicity and transparency to prevent corruption Although this research trend coincides with the world research trend, but domestic studies have shown that the goal of publicity transparency is to ensure the purity of the state apparatus, to avoid risks of corruption and abuse of power - Accountability is a condition of educational autonomy trends This research angle mainly comes from articles analyzing the conditions of university autonomy Accordingly, the scope of autonomy is directly proportional to the scope of accountability by universities - Accountability is a requirement in formulating and implementing public policy Although the approaches of these studies are incomplete, a research orientation on the role of accountability in the public policy cycle in the coming time has been built Besides, there are also many different approaches to accountability However, the approaches are closely related to the original view of accountability as a means of ensuring openness - transparency, or seeing public transparency as the goal of accountability or even The press considers accountability to be public - transparent 1.3 Comment on the research topic 1.3.1 Issues related to the thesis topic have been clearly researched, with unified conclusions and inherited and developed by the thesis in the research Firstly, the works have clarified many theoretical aspects of accountability such as: the concept of accountability in general has been approached under many different angles Secondly, the subject that requires government accountability has been listed by a number of works Thirdly, the content of government's accountability has also been mentioned by a number of works Fourthly, a number of government accountability methods have also been mentioned and clarified Fifthly, the consequences of post-accountability have been mentioned by a number of works with a focus on the replacement of government personnel Sixthly, the legal practice of accountability in Vietnam has also been mentioned by a number of studies Seventhly, the practice of implementing the state apparatus' accountability in general in public service execution and the government in particular in public policy planning and implementation has also been identified by a number of studies results as well as shortcomings Eighthly, a number of solutions to improve the law and improve the efficiency of the state's accountability in general and the government in the public policy sector in particular have also been mentioned 1.3.2 Issues related to the thesis topic but have not been fully resolved, still have many controversies or have not been researched, there are many problems Firstly, the current legal concept of government accountability has not been established by any works Secondly, the role of accountability in terms of an obligation of the government - the highest state administrative body, has not been evaluated comprehensively and focused on this subject Thirdly, the structures of government accountability such as: subjects, content, methods and consequences of government accountability have not been adequately studied, because the research object is active accountability of government agencies in general or of the government in certain angles Fourthly, the legal status and implementation of the law on the government's accountability under the law have not been researched Fifthly, although there are many proposed solutions to improve the law and improve the accountability of the government, but with the two above-mentioned approaches to practice, the solutions not focus on accountability accountability under government law 1.4 The issues raised need to be researched by the thesis Firstly, further research is needed to clarify the concept of government accountability under the law Concepts need to detail the implications of accountability in the direction of distinguishing between accountability and concepts that have similarities and unified understanding of government Secondly, there is a need to continue to clarify the role of accountability for government activities in particular and the control of state power in general - Vice president / deputy prime minister: The vice president or deputy prime minister is accountable as a "second minister" and accountability as a member of government - Minister: The Minister is accountable in two capacities: an executive officer (a government member - a politician) and an administrative civil servant (minister) 2.3.1.2 Subject requires government accountability - Parliament /National Assembly: Parliament includes: general parliament, professional parliamentary committees, parliamentary inspectors, auditors and parliamentarians Parliament requires accountability of government to ensure oversight of government activities - which is created by parliament - Court: The court requires the government to be accountable to ensure compliance with the constitution and the law This right can be obtained by the constitutional court or the constitutional function of the ordinary court - Head of state: The head of state demands accountability of the government as the head of state and the executive head - Citizen Citizen include: individual citizens, social organizations, private economic organizations these are the people who are directly affected by the activities of exercising the authority of the government 2.3.2 Content of government accountability Firstly, legal policy Legal policy is the legislative ideology, opinion, and initiative of the government Secondly, the legal documents issued by the government The government is empowered to issue its own documents to exercise its authority The Government must be accountable to these documents to 11 ensure their legality, reasonableness and not fall into the danger of abuse of power Thirdly, construction and implementation of public policies Public policy promulgation and implementation are central to government activities A country that flourishes or is depressed depends strongly on the quality and effectiveness of the government's policies Therefore, the government inevitably has to be accountable for these policies Fourthly, use the state budget The use of this budget has a potential for corruption, inefficiency or loss or waste Accountability will constrain government to more informally and efficiently spend the budget Fifthly, the issue of government personnel Government personnel accountability ensures public choices with adequate criteria for talent and virtue At the same time, the performance of government members will be closely monitored by those who have the authority to demand accountability Sixthly, public service Although the government does not directly provide public services, it does play a decisive role in the content, quality and price of public services Seventhly, administrative procedures The government again plays the role of setting the content, order, fees and other issues of administrative procedures nationwide Therefore, the government must be accountable for the issues in this area 2.4 Methods and consequences of implementing the Government's accountability 2.4.1 Government accountability mode Firstly, the Government regularly reports on its activities to the Parliament and to the people Secondly, the Government answers questions before the Parliament 12 Third, the Government participates in testifying before the Committees of the Parliament Fourthly, the Government answers the questions of MPs in the monitoring process Fifthly, the Government reports and participates in hearings in court proceedings Sixthly, the Government responded to people's requests Seventhly, the Government exercises accountability through the media and social networks 2.4.2 Consequences of Government accountability Firstly, the consequence is that the government has to change its policy Secondly, the consequences of the Government must change personnel Thirdly, as a consequence, the Government may be dissolved Summary of Chapter Through research, it can be seen that the government's accountability is a controversial concept in the world However, any approach has its own merits The richness in concept does not make the problem elusive, but on the contrary, creates an opportunity for the inference of accountability to become more complete Within the research scope of the thesis, chapter approaches the government's accountability in terms of an obligation to provide and explain information to review and evaluate the government's responsibility in real activities public service execution by entities authorized to oversee government This may be an approach that continues to cause controversy, but will bring a new perspective on the research problem Accountability of government is an indispensable requirement of most contemporary democratic countries in the world It is not only a means to help control and balance power but also is the basis for the operation of a modern, integrity and efficient government Although each institution has its own rules about this activity, the biggest thing that is noted in common is 13 the binding mechanisms that make this activity a binding responsibility rather than an option government Chapter LEGAL SITUATION AND LAW IMPLEMENTATION OF THE GOVERNMENT'S RESPONSIBILITY OF VIETNAM 3.1 Current state of the Vietnamese government's accountability legislation 3.1.1 Entities in the Government of Vietnam accountability relationship 3.1.1.1 Subject to accountability The subject of accountability of the Government of Vietnam also has similarities with CP of countries under the Great Institution in the world when there exist two groups: Firstly, the Government is accountable to the collective Secondly, Government members are personally accountable to three groups: - The Prime Minister is accountable as head of Government - "First Minister" and as a member of the Government in the collective leadership mechanism - Deputy Prime Minister is accountable as the second person of the Government - "Second Minister" and as a member of the Government in the collective leadership mechanism - The Minister is accountable as the head of the sector or field - The Minister and as a member of the Government in the collective leadership mechanism 3.1.1.2 Subject requests the government's accountability Firstly, the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, the professional committees of the National Assembly and members of the National Assembly The subjects of this group include: - Congress - National Assembly Standing Committee - Ethnic Council and professional committees of the National Assembly - Congressman 14 Secondly, the State President Thirdly, the People's Court Fourthly, People 3.1.2 Content of accountability of the Government of Vietnam Firstly, accountability for draft laws Secondly, public policy accountability Thirdly, accountability for regulatory activities Fourthly, increased accountability for personnel issues and asset origins 3.1.3 The Government of Viet Nam's approach to accountability Firstly, the Government reports to the National Assembly, the National Assembly Standing Committee and the President Secondly, the Government answers questions before the National Assembly Thirdly, the Government has contact with the people Fourthly, the Government resolves complaints and denunciations 3.1.4 Consequences of the Government of Vietnam accountability Under current law, the consequences if the accountability fails, the Government will have to bear the following: the prime minister is dismissed, immune; Deputy Prime Ministers and Ministers are dismissed and dismissed; abolishing legal documents of the Government, the Prime Minister, Especially since 2001, the National Assembly has the right to vote with confidence in the posts elected or approved by the National Assembly, including people Head and other members of the Government 3.2 Current status of implementation of the Vietnamese Government on accountability legislation 3.2.1 The period from 1946 to 2001 This period was marked by the establishment of the republican government with the introduction of the State of the Democratic Republic of Vietnam 1946, to 2001 - the time when the 1992 Constitution was amended and supplemented This is the period of recognition of many events and changes of the country with three periods: the first period of the war for national liberation; the second phase of building the economy under a centralized model; and the third stage of country renewal 3.2.2 Period from 2002 to present The period after 2002 up to now, with open integration policies, besides economic progress, political and legal issues have been renewed in the direction of introducing many progressive values of the world The year 2002 is also the first year the 1992 Constitution was amended and 15 supplemented in 2001 into social life Accountability of the Government has also been focused and constantly improved to this day 3.3 Assessment of the current state of Government of Vietnam accountability 3.3.1 Assess the current status of actors in the accountability relationship of the Government of Vietnam 3.3.1.1 Assessment of the current state of the subject of accountability by the Government of Vietnam - The Government is increasingly accountable to the National Assembly and the People, especially in the field of public policy - Accountability of individuals in the Government is also established and step-by-step heightens collective accountability - Responsible actors in the Government have positively changed their perception of accountability However, the practice still has some of the following limitations: Firstly, the Government operates according to the collective principle, according to this principle the Prime Minister will be the "First Minister" However, in reality, in exercising the accountability, the Prime Minister participated in answering questions before the National Assembly, regardless of the answer within the competence of the Prime Minister personally or the Government collective At the same time with the presence of Deputy Prime Ministers, the prime minister's responsibilities are divided as the authority itself The problem of determining the direct responsibility of the Prime Minister after the accountability has not been clearly implemented Secondly, the position of Deputy Prime Minister is held by many members This multi-level hierarchy does not increase accountability, but in turn becomes a hindrance to identifying the focus actor to be held accountable and, therefore, the consequences of accountability will not be imposed for the right people to suffer Thirdly, the Minister, although defined with two roles, but in reality, the legal regulations focus on the role of the head of ministries and branches rather than the role of a member of the Government 3.3.1.2 Assessment of the current state of the subject requiring accountability of the Government of Vietnam - The National Assembly has become the most effective and essential requesting and monitoring institution of Government accountability - The Committees of the National Assembly have also had a deep specialization in order to increase the ability to listen to government 16 accountability and to monitor activities of taking responsibility after accountability - Citizens and civil society organizations are more active in requiring the Government to be accountable However, at present, the Government's accountability requirements and oversight activities still have the following limitations: Firstly, regulations on the right to hold the Government accountable and impose political consequences of the National Assembly and its agencies are not direct and clear, leading to a lack of legal bases for these entities require and supervise Secondly, the National Assembly and other institutions of the National Assembly have not yet ensured the requirement, listening and monitoring of Government accountability effectively - The Vietnam National Assembly is not really professionally organized and operated to request the Government's accountability in an objective way and listen to accountability effectively: + The National Assembly works according to the conference regime + The National Assembly of Vietnam is formed on the principle of universal suffrage But in reality, the ideology of representation dominated this formation + Full-time National Assembly deputies now account for only 35% of the total number of National Assembly deputies + Immunity mechanism in speech, speech and voting of Delegates has not been established - The Standing Committee of the National Assembly has difficulty getting the Government to be accountable because the diversity of members of this organization does not cover all areas of CP management to be able to request and listen effective accountability - Ethnic Councils and Technical Committees also face a similar problem when they cannot monitor all aspects of government activities to demand accountability - The National Assembly Inspector's institutional defect Thirdly, the courts not play an important role in requesting and overseeing the accountability of the Government Fourthly, the actual role of the Vietnam Fatherland Front in requesting and monitoring the Government's accountability is not guaranteed Fifthly, social institutions, including the people, social organizations and businesses, have not yet obtained specific legal records to require the Government to be accountable 17 3.3.2 Assess the current state of the content of accountability of the Government of Vietnam - The distinction of three powers: legislative; Law enforcement and judiciary go to clearly be the basis to ensure differentiation of Government authority and to clarify the relationship between the Government and other agencies, the contents must be accountable by the Government because The position is specified - The scope of government's authority is increasingly expanded, so the government's accountability content is also increasing - The contents of public policies in recent years have had legal mechanisms and social pressure on the Government's accountability in both planning and implementation However, in practice, the contents of the Government's accountability still have some limitations such as: Firstly, the draft law Under current law, the Government's accountability for a draft law can only be held once before the National Assembly This is different from "three readings" in many countries around the world The limited number of times leads to two problems: The government cannot pursue to defend its legal policy to the end of the National Assembly and the Government is not responsible for the failure of a bill Secondly, public policy Compared with the current legal grounds, the Government's regulations on the accountability of public policy have not been concretized Thirdly, identify the contents that are not subject to accountability The right to identify information belonging to state secrets is vested in the executive instead of the legislature, coupled with the lack of strong constitutional mechanisms that easily cause public administrations to arbitrarily identify content belonging to state secrets to avoid accountability 3.3.3 An assessment of the current state of government of Viet Nam's accountability modalities - The Government answered questions before the National Assembly and the Committees showed outstanding efficiency - Direct methods of carrying out accountability are more widely used, meaning that indirect methods will be gradually limited - Many methods based on multimedia communication have been exploited and brought about high efficiency initially However, the application of current government accountability modalities still has the following limitations: 18 Firstly, the main method according to current law is still documents Secondly, although there are many changes in the way of answering questions in a more flexible direction, in practice, the implementation of "quick questions, short answers" still has limitations Thirdly, the website of the Government has not created the interaction between the people and the government's representatives Fourthly, the resolution of complaints, denunciations and complaints by petition letter also faces limitations when in practice the multi-tiered implementation Fifthly, the use of the media platform, although being applied more widely and more openly, but in fact, activities such as "People ask, the Minister answers" has not responded meet the demands of society when the demand for accountability from the people is limited and censored 3.3.4 Assess the current situation of the consequences of accountability of the Government of Vietnam - The activities of taking votes of confidence and vote of confidence have been carried out and basically reflect the current situation of the confidence of elected deputies to the Government - In recent years, many Government members have been dismissed for wrongdoings The consequences of changing or rejecting government policies have also been applied by the National Assembly in recent years However, the consequences of government accountability still have some of the following limitations: Firstly, the number of policies rejected or revised by the National Assembly is limited Secondly, as a result of personnel changes, the National Assembly will require members of the Government to resign or be considered for dismissal after the National Assembly takes a vote of confidence However, this consequence is only limited to the vote of confidence Conclusion Chapter Through research it can be seen, the accountability of the Government of Vietnam, although in recent years there have been positive changes in the direction of: increasing the scope of subjects; establishing central content of accountability; diversifying in the use of methods and initially having adverse consequences when accountability fails However, in general, with the accountability standards of many governments around the world, especially in developed countries, the accountability of the Government of Vietnam still has many limitations such as: individual 19 accountability not guaranteed; subjects have the right to request and oversee the Government's accountability activities that have not fully brought into play their authority; the content of accountability is still general, the problem of accountability for legal policies lacks detail; Many methods of accountability are used in a formal manner, making it difficult for people to access information Hearings before professional committees have not yet been applied; consequences in the case of ambiguous accountability failure, lack of mechanisms for checking and monitoring promises or the consequences of accountability consequences Chapter VIEWPOINTS AND SOLUTIONS TO IMPROVE THE GOVERNMENT'S RESPONSIBILITY UNDER VIETNAM LAW 4.1 The Government of Viet Nam's view to develop accountability solutions Firstly, the solutions to improve the accountability of the Government must ensure they are consistent with the current Vietnamese political regime Secondly, the solutions to improve the accountability of the Government must be legal and reasonable Thirdly, the solutions to improve the accountability of the Government must have reference and selection from international experiences, especially those of developed administrative countries to ensure timely updates reform of the world Fourthly, the solutions to improve the accountability of the Government must ensure democracy in the organization and operation of the state administrative apparatus Fifthly, the solutions to improve the accountability of the Government must ensure that it does not affect the government's independence and regular operation 4.2 The Government of Vietnam Accountability Solution 4.2.1 Solutions to improve accountability of subjects a Solution for responsible actors Firstly, to perfect the law on the accountability of the Government and its members in the direction of aggregating a specific document and directly adjusting the government's accountability Secondly, redefine the organization and operation of the Government Thirdly, redefine the authority content of the ministries in the direction of not participating in production and business in order to 20 streamline authority, thereby establishing the details and objectivity for the accountability of the exercises Fourthly, in addition to the changes in determining authority to delineate the accountability of each subject, it is also necessary to improve the cognitive capacity and behavior of the subjects b Solutions for entities that have the right to demand accountability of the Government Firstly, perfecting laws related to the subjects who have the right to request and oversee the accountability of the Government Secondly, consolidate and improve the activities of the National Assembly in the direction of more professionalism and quality Thirdly, enhance the role of requesting and overseeing the Government 's accountability of the Court Fourthly, strengthen the role of the Viet Nam Fatherland Front in the Government's accountability requirements and oversight Fifthly, raise the attention and capacity to demand and listen to accountability of the Government of the People and civil society institutions 4.2.2 Solutions for completing the accountability content of the Government of Vietnam Firstly, perfecting the legal provisions on the content of the Government's accountability Secondly, the Government must pursue the same accountability of draft laws Thirdly, ensure accountability of government policies to policy beneficiaries, influenced by policies and organizations and individuals with policy monitoring function Fourthly, ensure the asset accountability of the Government members before the time of ratification and annually 4.2.3 Solutions for enhancing the efficiency of the GoV's accountability modalities Firstly, perfecting legislation on the use of government accountability modalities Secondly, increase the time for questioning and answering questions at the National Assembly's questioning session Thirdly, apply the hearing method on the Committees of the National Assembly Fourthly, the mode of exercising written accountability should be limited to ensuring that, in certain groups of people, the Government is accountable by means of integrity continued 21 Fifthly, adopt an online accountability approach as the core of the future Sixthly, there is a policy of more open management to the private media, ensuring freedom in press activities to diversify and diversify communication issues in the process of implementing the Government's accountability Seventhly, to strengthen the mode of direct dialogue between representatives or members of the Government with the people and social organizations 4.2.4 Solutions to ensure application of the consequences of accountability of the Government of Vietnam Firstly, perfecting the law on the consequences of accountability of the Government Secondly, it is necessary to change the levels of government membership votes Thirdly, there should be a clearer mechanism for the consequences of resignations of government members Fourthly, there must be a mechanism to ensure a post-accountability commitment 4.3 The conditions for implementing the solutions Guarantee first, build and maintain the rule of law Guarantee second, to select and unify the appropriate form of state government Guarantee third, the legal documents on the CP's accountability must be drafted by the National Assembly or a third party Guarantee fourth, there must be the participation of citizens in the legislative process related to accountability of the Government Guarantee fifth, establishing a complete and unified thinking of accountability Conclusion Chapter Through research, it can be seen that enhancing the accountability of the Government is an urgent requirement for the current conditions of Vietnam Accountability will be the basis for building a tectonic Government - the model of government that Vietnam is pursuing However, the reform does not mean mechanical change of existing things with a model with a completely new operating mechanism Solutions must ensure the inheritance of current values, ensure no disturbances in the national politics and legal system, and select international experiences to ensure that the streams are updated political flow, world administration The proposed solution groups aim to increase accountability in all four issues governed by 22 the law on this content: subject, content, method and consequences of accountability CONCLUDE Through research, we can see that the government's accountability is a new content, there is no consensus in the theoretical issue Basically, current popular thinking views accountability as the obligation to provide information to ensure openness and transparency in government activities Further research, however, provides that accountability is a consequential activity Specifically, it is an obligation and obligation to provide information for competent entities to review and evaluate the performance of the Government's competence The consequences here are the adverse consequences in terms of policies and personnel that the Government has to bear, in case the information provided shows that the Government made a mistake Accountability is constituted by four basic elements: subject, content, method and consequence The four factors have different manifestations of national legislation This difference is governed by characteristics of the institutional model that the country pursues; government organization and operation; or the level of development of the national administration Despite these differences, but in general: the subject of the accountability is divided into the subject of accountability and the subject that requests the accountability In which, the Government in the collective capacity and members as individuals are the subject of accountability Institutions that oversee state power such as the Parliament, Courts, Civil society organizations and citizens become subjects with the right to request accountability of the Government; the content of government's accountability focuses on planning and implementing public policies; The government's method of implementing accountability mainly includes: answering questions before the Parliament, participating in hearings before specialized agencies of the Parliament and resolving civil complaints; The consequences of accountability to be borne by the Government include a change in government personnel (including the risk of dissolution of the Government) and a change in policy (including policy deletion and compensation) On the basis of that theory and practice in the world, compared to the current legal situation and practice in Vietnam, it can be seen that basically the accountability structures of the Government are also supported by Vietnamese laws Nam noted many different aspects However, the difference comes from the issues: the accountability of the Government has not been recognized by law in a specific, direct and complete document This fact stems from the thinking about the nature and 23 role of accountability in Vietnamese political life that is incomplete, reflecting opinions in legislative thinking about accountability is inconsistent and lacking instructions in the Constitution on the structure of Government accountability; The Government's accountability practice has also not met social expectations and lacks imperfections when compared with this work of advanced governments around the world The cause of that situation stems partly from the lack of a legal corridor, the rest from the lack of clarity in the central authority If the legal corridor ensures accountability is enforced by the Government as an obligation, then horizontal decentralization is the basis of requesting, monitoring and implementing accountability of actors Vietnam lacks both, so the situation reflected is objective and can be predicted Thus, due to the limitations of legal practice and the implementation of the Government's accountability, it is urgent to improve the law and the efficiency of this activity In that spirit, solutions towards improving the structure of accountability include: subject, content, methods and consequences In which, attaching importance to establishing legal provisions on accountability as an obligation and duty of the Government in exercising authority; redefining the relationship between the Government and the National Assembly and especially with the Court, ensuring the reflection of the control between actors clearly; establishing and enforcing in practice the political and legal consequences for Government members when mistakes occur and controlling the responsibility for enforcing postaccountability commitments; enhancing freedom of communication and creating an open civil environment, ensuring associations can operate in accordance with the spirit of the Constitution, contributing to increasing concern and ability to hold the Government accountable from entities outside the state The solutions implemented in practice will contribute to help the accountability become complete, effective and professional From there, building a transparent, responsible and constructive Government However, every reform has its own drag, and so does accountability The mechanisms of assurance will be the basis for determining the success or failure of the reform, in which the thinking of actors, especially the Government on accountability becomes the core value It is not a replacement from one cognitive basis for another, but a courseed change in the demand and impact of the times 24 PUBLISHED WORKS RELATED TO THE THESIS Tran Quyet Thang and Hoang Thi Thuy Van 2015 "Accountability of local authorities in Vietnam today", Journal of Democracy and Law online Tran Quyet Thang and Hoang Thi Thuy Van 2016 “Building the rule of law state under the light of Ho Chi Minh's ideology”, Journal of Internal Science Research, No 12, p 47-53 Tran Quyet Thang 2017 "Lawsuit Quy Tam - a number of suggestions for anti-corruption in Vietnam today", Journal of Theoretical Activity, No (142), p 48-52 Tran Quyet Thang and Tran Thu Ha 2017 "Practice of public policy advocacy in some countries in the world and experiences for Vietnam", Journal of Internal Science Research, No 16, p 60-70 Tran Quyet Thang 2017 Identification of the Rule of Law, Da Nang Publishing House, Da Nang Tran Quyet Thang 2017 Effects of capacity of communal cadres and civil servants on local governance - research from practice in Ngu Hanh Son district, Da Nang city School-level topic, Hanoi University of Home Affairs Tran Quyet Thang 2018 “Accountability in Government Integrity Activities”, Journal of Internal Science Research, No 26, pp.26-33 Tran Quyet Thang 2018 "Basic theoretical issues on local governance", Scientific Workshop on Local Administration - Theoretical and practical issues, Hanoi University of Home Affairs Tran Quyet Thang 2019 "The scientific basis of the mechanism to ensure accountability for the organization and activities of the Government for creation and development", Annual International Scientific Conference on Sustainable Development in Central Vietnam , Central Vietnam Institute of Social Sciences and Academy of Social Sciences 10 Tran Quyet Thang and Ta Quang Duy 2019 "Explanation in inspection activities according to Vietnamese law", Annual International Scientific Conference for Sustainable Development of Central Vietnam, Central Institute of Social Sciences and Academy of Social Sciences 11 Tran Quyet Thang 2019 "Subjects of Government accountability under Vietnamese law", Journal of Internal Science Research, No 29, pp.24-32 12 Tran Quyet Thang 2019 "Accountability in the Government for Creation and Development", Conference of Publicity and Transparency in the Organization and Operation of State Administrative Agencies in Vietnam: Theoretical and Practical Issues, Law Faculty, National University of Hanoi 13 Tran Quyet Thang 2020 "Discretionary Rights in State Administration", Journal of Internal Science Research, No 35, pp.11-20 ... methods depending on theoretical or practical issues Basic research methods include: Group of theoretical research methods include: Analysis method and theoretical synthesis; Theoretical classification... Government of Vietnam in the coming time With those new contributions, the author wishes to establish the urgency for the trend of accountability research in legal science in Vietnam today The theoretical... GOVERNMENT'S RESPONSIBILITY OF VIETNAM 3.1 Current state of the Vietnamese government's accountability legislation 3.1.1 Entities in the Government of Vietnam accountability relationship 3.1.1.1
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