The relation between openness, transparency and accountability in state governance and the right of access to justice of citizens in vietnam

Cu ently, Vietnam has implemented many legal measu es to ensu e the info mation disclosu e, t anspa ency, and accountability in the state gove nance, the eby ensu ing the ight of citizen[r]

THE RELATION BETWEEN OPENNESS, TRANSPARENC AND ACCOUNTABILIT IN STATE GOVERNANCE

AND THE RIGHT OF ACCESS TO JUSTICE OF CITIZENS IN VIETNAM

_ A/ rof Dr ruong B o Hai1- LLM Dang Viet Dat2

Int oduction

Since the end of the t entieth centu y to the p esent, the te ms ofmfo mation disclosu e, t anspa ency, and accountability a e not unkno n to the esea che s and public policymake s in Vietnam and a ound the o ld These a e o iginated in thei impo tance to the equi ement of gove nance quality enhancement, acco ding to the standa ds of good gove nance

The ight of access to ustice is a fundamental human ight, ecognized by inte national human ights la and the United Nations Development P og amme (UNDP) has conside ed this ight assu ance that is an impo tant pa t of the UNDP’s mission, so as to educe the pove ty and to st engthen democ atic gove nance in the developing count ies3 To accomplish this task, the UNDP tends to p omote the implementation of info mation disclosu e, t anspa ency, and accountability in the state agencies in gene al and udicial o gans in pa ticula

Vietnam is a developing count y, and it has been making effo ts to implement many efo ms since the late 80s of the t entieth centu y, so fa Vietnam has achieved many good esults and become a b ight spot in the Asia - Pacific egion on the

HoChi Mitth NationalAcademy of olitics 2Academy of olitics Region IV

pove ty-alleviation Ho eve , Vietnam still is cu ently facing many challenges, fo example, the economic g o th ate is slo ing n, the lo p oductivity and especially, Vietnam is facing the isk of the middle income t ap ; the social inequality is inc easing; the co uption occu s in a va iety and complicated manne ; the mist ial situation in legal p oceedings still occu s; the global competitiveness index is lo ; etc These facts demonst ate that the gove nance quality in Vietnam is not still high; the human ights, fundamental ights and obligations of the citizens a e not ell gua anteed, especially the ight of access to ustice2 To add ess this eality, Vietnam needs to pe fo m ell in the info mation disclosu e, t anspa ency and accountability in the state agencies

To cla ify the above, this a ticle aim is to ans e the follo ing questions: What ole does info mation disclosu e, t anspa ency, and accountability play in the state gove nance? What is the impo tance of info mation disclosu e, t anspa ency, and accountability fo the ight assu ance of access to ustice of the citizens? What is the elationship bet een the good state gove nance and the ight assu ance of access to ustice of the citizens? Ho does the implementation of info mation disclosu e, t anspa ency, and accountability in gove nance ith the ight assu ance of access to

ustice of the citizens in Vietnam?

2 I format o d sclosure, tra spare cy, a d accou tab l ty - mporta t compo e ts of good gover a ce

Since the 80s, the esea che s on policy and public administ ation have b ought an ent ep eneu ial spi it into the public secto , ith the goal of changing o ganizational and executive thinking in the state secto to effectively use public esou ces ( hich a e cu ently sca ce) to bette se ve society The efo e, the te m “gove nance” is inc easingly used, especially in the p og amme of the Wo ld Bank (WB)> the United Nations Development P og am (UNDP), and the Eu opean Union (EƯ), the O ganization fo Economic Co-ope ation and Development (OECD), the Asian Development Bank (ADB), etc

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce

Kenichi Ohno and Le Ha Thanh, “ he middle-income trap in Vietnam with the current situation and solutions'\ Vietnam Jou nal of Social Sciences, (Hanoi, July 20 5) 2, p 33

2Vietnam La ye s Association, CECODES, UNDP, he Vietnam Lawyers Association, CECODE , UND , Justice index: Assessment ofDistributive Justice and Equalityfrom a Citizen-based urvey in 2012 (Hanoi 20 3) pp 2- 3,

Acco ding to Ma k Bevi , the te m “state gove nance” efe s to the enti e p ocess ofo ganizing and managing the state’s activities ca ied out by many diffe ent sub ects, including the state, ma kets and social institutions th ough fo mal (legal) and info mal institutional systems (customa y la s, ethical no ms, cultu al no ms, eligious no ms, etc ) In pa ticula , the state plays a leading ole, p oactively coo dinating ith othe entities to plan, implement public policy and p ovide public se vices

Although the e a e many diffe ent concepts, the theo y of the state gove nance is to aims at giving measu es in o de to p omote democ acy and human ights, p omote economic p ospe ity, social stability, and cohesion, educe pove ty, p otect the envi onment and make efficient use of natu al esou ces and inc easing the people’s confidence in state institutions In essence, the theo y of gove nance desi es the count ies to un the state acco ding to the standa ds of good gove nance

In the vie of the Wo ld Bank> UNDP and the Eu opean Commission2(this is the mainst eam vie of the cu ent app oach to this te m), the good gove nance is to effectively implement state affai s ith the pa ticipation of many sub ects in society, satisfy social needs, and ensu e the ights of the people and o ganizations This is one of the solutions to ensu e good fo comp ehensive and sustainable development, human ights, and a p ospe ous society Good gove nance leads to the follo ing values: ( ) Expanding the people’s pa ticipation in the state management activities; (2) Making policy on the p inciple of social consensus; (3) Developing a esponsible and t anspa ent administ ation; (4) an efficient and effective accountability; (5) Justice and comp ehensiveness; (6) La -Abiding3

Acco ding to these standa ds, state gove nance must ensu e the pa ticipation of the peopie (the people have a voice in policymaking, have a ep esentative democ acy, and have the f eedom of speech and association); have a society uled bythe la ; have a public and t anspa ent gove nment (the p ocesses and info mation must be accessible to the people, to help them supe vise); the gove nment ca es about the social benefits of ail stakeholde s; c eates b oad consensus in society; t eats fai ly (about oppo tunities to imp ove the quality of all the people's lives); ope ates effectively

JMa k Bevi , overnance: A Very hort Introduction (Oxfo d Unive sity P ess, 20 2), p -3

2Wo ld Bank, overnance: he WorldBank’sExperienceDevelopment in ractice (WB, 6); UNDP, overnmance for sustainable human development - a UND policy document (UNDP, 7)

3T uong Ho Hai, "An overview of the state of tectonic development and good governance”, Jou nal of La (Hanoi, Septembe 20 7) , p

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce

and efficiently (effectiveness of institutions and p ocesses, efficiency compa ed ith invested esou ces); has accountability (policy decision make s a e accountable to the public and esponsible to the public); and finally, leade s have a st ategic vision (b oad and long-te m vision fo the development of national gove nance and human esou ces fo development) Besides the gove nance must aim to ensu e human ights, fundamental f eedoms, and human dignity (including equality, equality bet een men and omen, ega dless of ace, eligion, class); the needs offutu e gene ations must be taken into account hen developing cu ent policies; policies must meet the people’s ishes and be compensated adequately hen the people’s legal ights and inte ests a e violated

In that vie , info mation disclosu e, t anspa ency, and accountability a e impo tant elements of gove nance as these a e impo tant platfo ms (launche s) fo building a p ospe ous nation The eby, the people eally t ust and a e illing to sha e the bu dens of management ith the state Additionally, the state ill be st onge

hen eve y citizen ealizes that this is an institution that ep esents them and the cou try w ll prosperous w e everyo e bel eves t at t ey are s ar g t e same mission2 If Deng Zhenglai, Su ian Guo conside that good gove nance must include eight components, such as: ( ) Rule of la , Integ ity; (2) Pa ticipation; (3) Fai ness; (4) info mation disclosu e, t anspa ency; (5) Accountability; (6) Flexible adaptation;

(7) Consensus; (8) Effectiveness, Efficiency (Diagram I ), s Chiavo - Campo and

P S A Sunda am have said that good gove nance must ely on fou pilla s, namely “accountability, t anspa ency, p edictability, and pa ticipation”3 It sho s that accountability, info mation disclosu e, t anspa ency, and Pa ticipation a e al ays specially impo tant in secu ing a mode n and democ atic gove nance

T uong Ho Hai, “An overview ofthe state o ftectonic development and good governance", Jou nal of La (Hanoi, Septembe 20 7) , p 6-7

2T uong Ho Hai, “An overview ofthe state o f tectonic development and good governance”, Jou nal of La (Hanoi, Septembe 20 7) , p

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce D agram : Compo e ts of good gover a ce

ource: Compiled f om Deng Zhenglai, Su ian Guo (20 )

Accountability is “the ability to ans e and take esponsibility fo the consequences” This sho s that,firstly, officials have the esponsibility to pe iodically ans e ho they have used thei autho ity, he e esou ces a e used, ho the esults a e achieved and the eason hy it did not meet the set goal econdly>besides inte nal accountability, officials need to inc ease exte nal accountability to ensu e exte nal cont oi of the quality of public se vice delive y The entity that makes and implements policies and la s is accountable not only to supe io agencies and to elected bodies but also to the p ivate secto and public social o ganizations and the pa ties involved in those egulations hirdly, officials a e esponsible (i e legal esponsibility, political esponsibility) fo the esults of thei official duties Acco dingly, the institutional system must be capable of clea ly defining esponsibilities and holding officials accountable fo the esults of thei official duties, especially heads of agencies and o ganizations Thus, autho ites can be a lack of accountability unless the e a e info mation disclosu e, t anspa ency, and a full and accu ate legal system

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce

The info mation disclosu e and t anspa ency of the state's activities can be conside ed in the follo ing main aspects Firstly, the gove nment must p ovide the info mation on facts elated to policies by itself, such as ho data a e used as a basis fo policy fo mulation, actual effects, consequences, and methods applied in p actice Besides the info mation sou ces and the att ibutes of the info mation (unde standability, consistency, comp ehensiveness, honesty, quality and eliability) also play an impo tant ole in ensu ing the info mation disclosu e and t anspa ency of the gove nment econdly, the ability of the citizens to have access - di ectly o indi ectly “ to the autho ities’s eco ds and documents (except fo matte s elated to national secu ity, inte nal info mation of agencies and o ganizations); publicizing meetings (fo example, the meetings of autho ities at all levels except fo inte nal meetings of agencies o the meetings elated to national defense and secu ity) hirdly, befo e d afting and implementing policies, the gove nment must consult ith elevant stakeholde g oups systematically, including the the dissemination of the info mation and handling of the comments eceived th ough such consultation Fourthly, p ocedu es (administ ative p ocedu es, udicial p ocedu es) fo dealing ith o ks bet een the people and the state agencies o bet een state agencies must be published fully, accu ately, timely Also this p ocedu es must be accessable Fifthly, policies and la s must ensu e elative stability, consistency, and allo fo ecasts about ho the state ill apply in p actice The efo e, the autho ities needs to stipulate specifically the content, time and manne of implementation of the autho ities’ info mation disclosu e, t anspa ence, and accountability to the people and othe autho ities

Thus, info mation disclosu e, t anspa ency, and accountability a e closely-linked to the effectiveness and validity of the gove nance, especially in combating and p eventing co uption In 2008, at the 3th Inte national Anti-Co uption Confe ence (IACC) in Athens (G eece), they identified a dose connection bet een info mation disclosu e, t anspa ency, and accountability fo co uption: Co uption = (Monopoly +No info mation disclosu e, concealing the info mation) - Accountability2 The efo e, in o de to effectively p event and fight against co uption, it is necessa y to inc ease info mation disclosu e, t anspa ency, and accountability

Dao T iƯC,Law-governed state curriculum (Vietnam National Unive sity, Hanoi 20 5) p 37- 38

3 I format o d sclosure, tra spare cy, a d accou tab l ty to e sure t e c t ze s* r g t to t e access to just ce

Access to ustice is one of the fundamental human ights, unde stood as: “The ights of the people to seek and achieve compensation o emedy th ough fo mal and info mal mechanisms unde inte national standa ds of human ights” Acco dingly, access to ustice is conside ed p ima ily in t o aspects2:firstly, the right to a fai t ial3; secondly, the ight to seek compensation o emedy fo the in ustices o damages suffe ed by an individual o a g oup of individuals, especially by vulne able social g oups The efo e, access to ustice is the ight of eve y citizen to equi e the state to take all measu es to ensu e thei legitimate ights and inte ests hen the e a e disputes o inf ingements of thei ights occu

In the p ocess of ensu ing the ight to access to ustice fo the citizens, many sub ects a e involved, but the cou t plays the most impo tant ole because afte all, the natu e of access to ustice is access to the cou t hich implies access to the udicial p ocess and p ocedu es of a t ibunal Mean hile, the cou t is also a public autho ity, an impo tant institution of state gove nance, so this institution must be o ganized and ope ated in info mation disclosu e, t anspa ency, and accountability unde good gove nance standa ds Ensu ing that the ight to access to ustice is the efo e both a goal of udicial activities and a condition to ensu e the enhancement of udicial esponsibility and its level of integ ity Consequently, info mation disclosu e and t anspa ency in udicial activities is the most impo tant equi ement to ensu e that the people can access the cou t hich is access to ustice

Info mation disclosu e and t anspa ency in udicial activities a e impo tant values, especially in udicial activities Justice must be not only enfo ced but also seen to be enfo ced” To info mation disclosu e and t anspa ency, the cou t must ensu e that the people and the media can attend the t ial and it must al ays be available to the public to access to documents in the cou t, especially udgments and othe decisions, as ell as administ ative info mation elated to the cou t

UNDP, rogrammingfor Justice: Accessfor All A ractitioner’s - uide to a Human Rights-Based Approach to

Accessto Justice, (UNDP Regional Cent e in Bangkok, 2005), accessed Septembe 20 » p

2Eu opean Agency fo Fundamental Rights, Eu opean Cou t of Human Rights and Council Eu ope, Handbook on Eu opean la elating to access to ustice (20 6) <https:// ech coe int/Documents/Handbook_access_

ustice_ENG pdf> accessed Septembe 20

3 La ye s Committee fo Human Rights (2000), What is a Fai T ial? A Basic Guide to Legal Standa ds and P actice (2000) <https:// human ightsfi st o g/ p-content/uploads/pdf/fai _t ial pdf> accessed Septembe 20

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce

The o ganization system of cou ts must be dete mined on the basis ofp ope and monious combination of the p inciple of te ito y and the p inciple of u isdiction, to ensu e favo able conditions fo the exe cise of the ights to access to ustice of the citizens In the p ocess of esolving a specific dispute, the competent state autho ity must p ovide official info mation in the egulations about the o de , p ocedu es and ievel of cou t fees so that eve yone kno s, hen handling the case, the cou t must clea ly notify die eceipt o non- eceipt of the case file to the plaintiff ithin the time specified Afte that, the cou t must post publicly the time and venue fo opening the t ial so that all the people inte ested can attend and monito the t ial p ocess (except fo cases hich e e hea d in p ivate)

Additionally, info mation disclosu e and t anspa ency in esolving cases o disputes a e one of the conditions fo competent state agencies and society to monito the settlement of cases, the eby cont olling udicial ights The efo e, the cou t must al ays be esponsible fo ensu ing info mation disclosu e and t anspa ency du ing the t ial p ocess unless it is necessa y to keep state sec ets, t aditions and customs of the nation, p otect the mino s o keep p ofessional sec ets, business sec ets, o pe sonal sec ets at the p ope equest of the litigants In such cases, the cou t may hold the t ial in p ivate Ho eve , cases of t ial in p ivate must be clea ly and st ictly stipulated by la so to avoid misuse of this p ovision to conceal the info mation in the p ocess of handling and settling cases

Mo eove , info mation disclosu e and t anspa ency in udicial activities a e aimed at ensu ing the necessa y conditions fo each citizen to imp ove thei ability to access ustice (fi stly the state administ ative agencies and secondly the cou ts) In p actice, not eve yone is able to exe cise the ight to access to ustice ell because of limitations on legal kno ledge, complexity of legal p ocedu es, and lack of esou ces o obst uctions on psychology, cultu e and info mal institutions The efo e, assu ance of the ight to access to ustice fo the people is “the esponsibility of the system of legal agencies, autho ities and la ye s in p oviding p ofessional kno ledge, time and intelligence to help all the people have the ight to expect the ability to access ustice”

Ope ess>Tra spare cy a d Accou tab l ty State Gover a ce

a guments fo those udgments; ensu ing the ight to appeal o p otest (note, if the citizen has appealed to the highest level of the t ial and continues to appeal fu the , the state must have a mechanism to eplace the cu ent mechanism); publishing annual epo ts of the cou t; (2) udges and cou ts must be accountable fo thei affai s; (3) in cases that the people a e negatively affected by a ong decision of a cou t, the u y, especially the udge (p esiding at the t ial) and the cou t must pay compenstation to such people and take legal esponsibility fo the ongdoing by the la

Judicial accountability is a equi ement of ensu ing the ight to fai t ial, the ight to compensation and esto ation of the ights and inte ests of agg ieved the people and the p inciples of ustice, and the ule of la to p event udicial violations of human ights, udicial co uption and othe fo ms of udicial ong doing If a udicia y lacks accountability to the society, it ill iose t ust of society To effectively implement the citizens' ight to access to ustice in public se vice, the citizens must have the capacity and conditions to comment on the state’s decisions, so the state must apply the info mation disclosu e, t anspa ency, and accountability fo its tasks and po e s, especially in complaint settlements, denunciations and administ ative la suits

Ensu ing the ight to access to ustice elated to the exe cise of legal ights and human ights, in any society, the e a e al ays disadvantaged people ho not have the capacity to access ustice themselves, so they need legal aid The efo e, it is the esponsibility ofthe state to p ovide legal aid and suppo t to the people, especially the poo and the disadvantaged, so that eve yone can be t eated equally by the la and a e p otected by the la

4 Good gover a ce a ms to e sure t e c t ze s’ r g t to access to just ce The assu ance ofthe people’s ight to access to ustice is an impo tant equi ement in any la -gove ned society so this is also the goal of good gove nance (Diagram 2) The people should thus have the st ong “suppo t” of la and la enfo cement agency, as ell as adequate compensation hen thei legal ights and inte ests a e violated Ho eve , this obvious thing can only be gua anteed ell hen the state is eally

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce D agram 2: Target t ee d agram good gover a ce

ource: Adapted f om The Wo ld Justice P o ect and Wo ld Wide Gove nance Indicato s2

Acco ding to he WJ ( he World Justice roject) of the Wo ld Bank (WB), the ight to access to ustice is measu ed by: “Access to Civil Justice” and “Effective C iminal Justice” Th ough these facto s, the p o ect believes that the people can peacefully and effectively esolve disputes o acts that violate thei ights by common social no ms instead of eso ting to violence o self- esolution3 In Vietnam, the ight to access to ustice is bullded by the Vietnam La ye s Association (VLA), the Cente fo Community Suppo t & Development Studies (CECODES) and the United Nations Development P og am (UNDP) ith th ee indicato s: ( ) Access to legal info mation; (2) Access to legal se vices; and (3) Affo dability fo legal se vices The ight to access to ustice is one of fou components to measu e the ustice index (access to ustice; fai ness and equality; la enfo cement; and basic ights)4 It comes ith the follo ing gdals:, To p ovide eliable datas - summa ized f om public opinion, ob ective and independent sou ces of the info mation - to the Gove nment, ente p ises and social o ganizations These datas help analyze, evaluate and monito activities of udicial agencies in ensu ing access to ustice, equality and p otection ofthe ights ofthe people, especially the disadvantaged g oups; To facilitate elative analysis and compa isons on

! “The Wo ld Justice P o ect” <https:// o ld usticep o ect o g/> t uy cập ngày / /20

2 World Wide overnance 7«dicữfo s<https://info o ldbank o g/gove nance/ gi/> t uy cập ngày / /20 3Ma k David Ag ast, Juan Ca los Bote o and Ale and o Ponce, Rule of Law Index 2011 (The Wo ld Justice P o ect 20 ) p

the effectiveness of gove nance and la enfo cement to a ds building a ustice system fo the people in the localities; To p ovide a tool to assess the p og ess and impact of udicial efo m on ensu ing access to ustice and the p otection of ights in p atice; To help identify and invest esou ces in p io ity catego ies, t ack and evaluate the esults of efo m p og ams In pa ticula , each of these components is measu ed by the follo ing indicato s as sho n in Table :

_ Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce

Table : Cr ter a for assess g t e r g t to access to just ce

The Wo ld Justice P o ect Vietnam

Access to Civil Justice

- People can access and affo d civil ustice - Civil ustice is f ee of disc imination - Civil ustice is f ee of co uption

- Civil ustice is f ee of imp ope gove nment influence

- Civil ustice is notsub ectto un easonable delay - Civil ustice is effectively enfo ced

» Alte native dispute esolution mechanisms is accessible, impa tial, and effective

2 Effective C iminal Justice

- C iminal investigation system is effective - C iminal ad udication system is timely and effective

- Co ectional system is effective in educing c iminal behavio

- C iminal system is impa tial

- C iminal system is f ee of co uption - C iminal system is f ee of imp ope gove nment influence

- Due p ocess of la and ights ofthe accused

Access to legal info mation

- Sou ce of legal info mation is available - Unde standing of the method fo esolving: labo disputes; land disputes; civil disputes; envi onmental complaints; etc

- Unde standing of the la Access to legal se vices

- Civil status se vice: p ocedu e fo ma iage egist ation; bi th p ocedu es; death p ocedu es; etc

- P ocedu es fo ce tificate of land use ight - La ye s and legal aid

3 Affordab l ty for legal serv ces

- Affo dability fo applying ce tificate of land use ight

- Affo dability fo esolving comme cial

disputes

- Affo dability fo esolving land disputes - Resolving envi onmental complaints

ourse: The WJP (20 4)2and VLA, CECODES, UNDP (20 6)3

! Vietnam La ye Association, CECODES, UNDP, Justice Index: he situation of equity and equality based on people’s opinions in 2012 (Hanoi 20 3) p

2 Ma k David Ag ast, Juan Ca los Bote o and Ale and o Ponce, Rule o f Law Index 2014 (The Wo ld Justice P o ect 20 4) p

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce

5 Il e real t es of format o d sclosure, tra spare cy, a d accou tab l ty t e state gover a ce w t e sur g t e r g t of t e c t ze s to access to just ce V et am

Cu ently, Vietnam has implemented many legal measu es to ensu e the info mation disclosu e, t anspa ency, and accountability in the state gove nance, the eby ensu ing the ight of citizens to access to ustice Ihe Politbu o's Resolution on Judicial Refo m St ategy to 2020 specifies: “Rene ing administ ative p ocedu es in the udicial autho ities to c eate favo able conditions fo the people to access to the ustice” , the eby aiming to "Establish a tight cont ol mechanism bet een the agencies in the implementation of udicial activities”2 and “effective cont ol of po e ”3 In that spi it, the legal system of Vietnam continues to be developed, to ensu e the info mation disclosu e, t anspa ency, and accountability in the state gove nance, especially in the field of ustice Fo example, see: A ticle 25, 20 Constitution; La on Access to Info mation 20 6; section , chapte II La on Anti-co uption 20 ; P ess La 20 6; O dinance on the exe cise of democ acy in communes, a ds and to nships 2007; A ticle , La on Handling Administ ative Violations 20 2; A ticle 53, La on Inspection 20 0; A ticle 3, La on Complaints 20 ; Dec ee 0/20 / ND-CP on p esc ibing the accountability of state agencies in implementation of the assigned tasks and po e s; Chapte II, Dec ee /20 / ND-CP dated July » 20 of the Gove nment detailing on a numbe of A ticles and the measu es fo implementation of the La on Anti-co uption; La on supe viso y activities of the National Assembly and People’s Councils 20 5; Civil P ocedu e Code 20 (Clause 2, A ticle p ovides that: The Cou t ill hold hea ings in public In special cases, it is necessa y to keep state sec ets, p ese ve the nation’s fine customs and p actices, and p otect the mino s o keep a sec et on the p ofessional sec ets, business sec ets, pe sonal sec ets, and family sec ets of the pa ties unde thei legitimate equest, the

(Hanoi 20 6) p 2-

Cent al Executive Committee, “Resolution No -NQ/TW dated June 02,2005 on Judicial Refo m St ategy to 2020 of the Politbu o ” <http://hoiluatgiavn o g vn/nghi-quyet-so-4 -nqt -ngay-02-thang-06-nam-2005-cua-bo~chinh“t i-ve~chien-iuoc-cai-cach-tu-phap-den-nam-2020-d563 htmỉ> dated Octobe 02,20

2 Cent al Executive Committee, “Conclusion No 2-KL/TW dated Ma ch 2, 20 of the Politbu o on the implementation continuance of the Resolution No -NQ/TW, dated June 02, 2005 of the IXth Politbu o on udicial Refo m St ategy to 2020” < http://tuHeuvankien dangcongsan vn/hethongvanban/vanbancuadang/ketluansO' 2kIt 2320 4cuabochinht ivevieC'tieptucthuchiennghiquyetso4 -nqt -ngay-262005-cua~bo-chinh-223> dated Octobe 02,20

Ope ess>Tra spare cy a d Accou tab l ty State Gover a ce

Cou t may hold a closed t ial); C iminal P ocedu e Code 20 (A ticle 25 p ovides that: The Cou t ill hold hea ings in public, eve yone has the ight to attend a cou t hea ing unless othe ise stipulated by this Code, In special cases, it is necessa y to keep state sec ets, p ese ve the nation's fine customs and p actices, and p otect any pe son unde yea s of age o to keep the confidentiality of the p ivate life unde the pa ties’ the legitimate equest, the Cou t may hold a t ial p ivately but it must be public ve dict); The La on Administ ative P ocedu e 20 (Clause 2, A ticle p ovides that: The Cou t ill hold hea ings in public In special cases, it is necessa y to keep state sec ets, p ese ve the nation’s fine customs and p actices, and p otect the mino s o keep a sec et on the p ofessional sec ets, business sec ets, pe sonal sec ets, and family sec ets of the pa ties unde thei legitimate equest, the Cou t may hold a closed t ial); La on P omulgation of Legal Documents 20 5; etc

Ho eve , the implementation of info mation disclosu e, t anspa ency and accountability in the State gove nance in Vietnam, is still limited The efo e, the Vietnam 2035 report has commented, “The cu ent institutions of Vietnam ( ), have the eak capacity and lo accountability” This eality is d ived f om the o ganizational mechanism and enfo cement of state po e in Vietnam, hich not ensu e the elative independence, so the mutual accountability of the th ee b anches of po e (i e legislatu e, executive, and udicia y) is p actically quite faint The accountable activities a e mainly and mostly conducted in question-and-ans e sessions of National Assembly delegates and People’s Council delegates at all levels du ing the sessions Ho eve , they a e pe iodically held t ice a yea ; at the same time and because of the limited time, the accountability of the delegates also o ks pe functo ily, sometimes they a e also fo mality

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce

C art : I dex of ope ess, tra spare cy a d accou tab l ty V et am

ource: rocessing datafrom he World Justice roject 2011-20181 and World Wide overnance Indicators 2011-20182

The data sho s that the index of info mation disclosu e, t anspa ency, and accountability in state gove nance in Vietnam tends to slo n and dec ease The accountability Indicato in the State gove nance has not changed significantly ove

ecent yea s (Chart I), as follo s:

Firstly, the decla ations of the income and asset a e conducted ineffectively Most of these decla ations have not been checked, ve ified, and confi med As such, it has not helped the autho ities to cont ol the fluctuation in p ope ty of th officials in positions and po e s Many agencies and units have not fully g asped the o de and p ocedu es fo the decla ation and openness They a e confused about guiding p inciples, scope of asset fluctuations, types of assets and income to be decla ed and explained A numbe of heads of agencies and units have not eally paid attention o p io itized the decla ation and openness of assets and income decla ations; the management and monito ing of the decla ation, openness and ve ification of assets and incomes have non-systematic yet; the income out of sala y is quite popula

ithout having mechanism to cont ol; the application of info mation technology in

“The Wo ld Justice P o ect” <https:// o ld usticep o ect o g/> dated Septembe ,20

cont ol of p ope ty t ansactions and cont ol of income is still limited The situations of taking advantage of cultu al t aditions about giving gifts, thanks fo giving and co uption fo self-inte ested motives, hich a e quite popula ; egulations and the implementation ofthe egulations on gift su ende a e stillfo mality, lack offeasibility, and lo effectiveness, so it is needed to have specific egulations on sanctions and institutionalization by la

econdly, the numbe of leade s that have been sanctioned fo co uption is less than the numbe of co uption cases discove ed The eason of this is the connivance of officials and a lack of dete mination, ega d, and avoidance in handling such cases On the othe hand, in many cases it has put the head in a position of conflict of inte est If it is actively checked and co uption detected inte nally, he may face handling cases that affect the eputation and achievements of himself and his unit

hirdly, the handling of co uption in many cases is still not st ict and timely The measu es to suppo t udicial activities a e still limited, not meeting equi ements, especially the udicial expe tise in the fields of finance, banking, capital const uction investment, science and technology and so on Co upt behavio s a e becoming mo e and mo e sophisticated and complex, so it is difficult to detect and handle them The ate of co upt assets evocation, although inc easing eve y yea , is still much lo e than the amount of app op iated assets; co upt assets in some cases a e dispe sed and hidden, uncont ollable and difficult to ecove In 20 3, the sum of money and co upt assets ecove ed as less than 0%; in 20 4, it as only ove 22% Compa ing the above figu e ith the total actual value of app op iated assets, then the ate is much lo e

In gene al, the ineffective coo dination of la enfo cement agencies (focus on police agencies, p ocu acies, and cou ts) has not c eated a sufficiently st ong legal mechanism to eve se co uption inVietnam in ecentyea s Additionally, it isnecessa y fo the institutions of inspection and independent investigation to be pe fo med ith integ ity and efficiency so as to ensu e the effective Mfxllment of accountability Ho eve , these institutions have not been gua anteed ell yet in Vietnam Cu ently, the count y has th Cent al Stee ing Committee fo Anti-Co uption di ectly unde the Cent al Committee of the Communist Pa ty of Vietnam, the Gove nment

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce

Ope ess>Tra spare cy a d Accou tab l ty State Gover a ce

Inspecto ate di ectly unde the Gove nment, ca ying out the inspection tasks of the State agencies’s activities

Table 2: Corrupt o Percept o I dex (CPI) t e per od o f2006-20

ea G ade Rank

20 33/ 00 7/ 80

20 35/ 00 07/ 80

20 33/ 00 3/ 76

20 / 00 2/ 68

20 / 00 / 75

20 3 / 00 6/ 77

20 / 00 23/ 76

20 2/ 83

20 6/ 78

200 20/ 80

2008 / 80

2007 23/ 80

2006 / 63

ource: T anspa ency Inte national - The Global Anti-Co uption

Although the sco e has inc eased slightly, on a scale of - 00 of the CPI (of hich is high co uption and 00 is ve y pu e), sco es of 33/ 00 in 20 sho that Vietnam has not made significant changes in pe ceptions of co uption in the public secto and they continue to be in the g oup of the count ies he e the co uption is pe ceived to be se ious (Table 2) A se ies of pa ticula ly se ious violations of la had been discove ed and handled in the past, such as La Thi Kim Oanh (Minist y of Ag icultu e and Ru al Development), a co upt case at Vietnam Oil and Gas G oup, the issue of textiles quotas (Minist y of T ade), PMƯ case (Minist y of T anspo t), land co uption in Do Son (Hai Phong), Vinashine case, Vinaiines case, the key co uption cases b ought befo e the XII Cong ess of the Pa ty2, la ge co uption

T anspa ency Inte national - The Global Anti-Co uption, <http:// t anspa ency o g/> dated Septembe 5, 20

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce cases (hea d in 20 8) , 08 g eat co upt cases (hea d in 20 )2, etc

Nguyen The Dung and his accomplices (B T Ngoc, “Hold hea ings the of key co upt cases befo e the XĨI Pa ty Cong ess”, http://nld com vn/ứioi-su-t ong-nuoc/xu-8-vu-an-tham-nhung-t ong-diem-t uoc-dai-hoi-xii-cua-dang-20 50 05054054 htm dated Septembe ,20Ỉ5)

! The case of Dinh La Thang and his accomplices ho committed the c ime of “Delibe ately violating the State’s egulations on economic management, causing se ious consequences” and “Embezzlement” in the Vietnam Oil and Gas G oup (PVN); The case of T inh Xuan Thanh and his accomplices ho committed the c ime of “Delibe ately violating the State’s egulations on economic management, causing se ious consequences” and “Embezzlement” in the Pet o Vietnam Const uction Joint Stock Co po ation- PVC and Pet oleum Po e P ope ty loint Stock Company - PVP Land; The case of Phan Van Vinh (fo me Lieutenant Gene al and fo me Di ecto Gene al of the Police Gene al Depa tment), Nguyen Thanh Hoa ( fo me Ma o Gene al and fo me Di ecto of the Police Depa tment fo Hi-tech C ime P evention), Nguyen Van Duong and his accomplices ho committed the c ime of “Using the inte net to app op iate assets”, “O ganizing gambling”, “Gambling”, “Illegally t ade invoices”, “Money launde ing”, “Giving b ibes” and “abusing position and po e hile pe fo ming duties” in Phu Tho p ovince and some localities; The case of Ha Van Tham and his accomplices ho committed the c ime of “Delibe atelyviolating the State’s egulations on economic management, causing se ious consequences”, “Violating the egulations on lending in the ope ation of c edit institutions “Abusing position and po e to app op iate assets” and “Embezzlement” in Ocean Comme cial Joint Stock Bank- Ocean Bank; The case of T an Phuong Binh and his accomplices ho committed the c ime of"Delibe ately violating the State’s egulations on economic management causing se ious consequences” and “Abusing position and po e to app op iate assets” in the Dong A Comme cial Joint Stock Bank - DAB; The case of Phan Van Anh Vu and his accomplices committed the c ime of “Delibe ately disclosing State sec ets” and “Abusing position and po e to app op iate assets” in the Nova Bac Nam Company and Dong A Comme cial Joint Stock Bank- DAB; The case ofChau Thi Thu Nga and he accomplices ho committed the c ime of “F aud to app op iate assets” in the Housing Const uction and Investment Joint Stock Company - Housing G oup; The case of Pham Cong Danh and his accomplices committed the c ime of “Delibe ately violating the State’s egulations on economic management, causing se ious consequences” in the Vietnam Const uction Bank - VNCB; The case of Hua Thi Phan and he accomplices ho committed the c ime of “Abusing the t ust to app op iate assets” and “Delibe ately violating the State’s egulations on economic management, causing se ious consequences” in the T ust Bank; The case of Huynh Cong Thien and his accomplices ho committed the c ime of “F aud to app op iate assets” and “Violating the egulations on lending in the ope ation of c edit institutions “ in the Joint Stock Comme cial Bank fo Investment and Development of Vietnam(BIDV) - Tay Sai Gon B anch (Ha Cam Phong, “ g eat cases on the economic, co uption and typical cases b ought to t ial in 20 8” <https://tapchitoaan vn/bai-viet/ xet-xu/ 0-vu-an-lon-ve-kinh-te-tham-nhimg'va-cac-vu-an-dien-hinh-duoc-dua- a-xet-xu-t ong-nam-20 8> dated Janua y ,20 )

The 20 Constitution p ovidesmo e detailed p ovisions on udicial ights and the udicial autho ities Along ith that, the Constitution also stipulates ne contents on the udicial activities to ensu e the quality of udicial activities, the p otection of ustice; the p otection of human ights, civil ights and p otection of the host socialist egime; the p otection of the State; and the legitimate ights and inte ests of o ganizations and individuals In pa ticula , the 20 Constitution stipulates a numbe of ne and impo tant a eas fo the mode n udicia y in line ith the equi ements of building the ule of la , such as: “Hie p inciple of litigation in the t ial gua anteed” (Clause 5, A ticle 03); The defense ights of the accused and defendants and the p otection ight of the involved pa ties’ legitimate inte ests gua anteed (Clause 7, A ticle 03) This is an impo tant basis fo the National Assembly to p omulgate the C iminal P ocedu e Code 20 5, hich dea ly stipulates the p inciples of p ocedu e such as: Respecting and p otecting human ights, legal ights and inte ests of individuals ( A ticle 8); the p esumption of innocence (A ticle 3); Litigation in the t ial gua anteed (A ticle 26) and the egulations ensu ing the ight to emain silent of the accused and defendants As stated: “Ilie accused shall be deemed not guilty until he is p oven in the o de and p ocedu es as stipulated by this Code and have legally effective udgments of the Cou t” (Clause , A ticle 3) “The esponsibility fo p oving the c ime ests ith the competent p ocedu al autho ities The accused is entitled but not obliged to p ove his innocence ’’(A ticle 5)

Besides the achieved esults, the assu ance of human ights in gene al and the gua antee ofhuman ights in the udicial field in pa ticula , the e a e still sho tcomings and inadequacies, as detailed belo

Firstly, the udicial system ofVietnam is still in a pe iod ofsepa ation f om othe po e ful b anches of the state, so “The lo level of udicial independence makes the cou t not an effective channel to supe vise the activities of the gove nment” As such, the udicial activities of some officials to p otect the p ope ty ights of the citizens, to udge the ight people and the ight c imes, and to p event the abuse of po e a e still eak

Acco ding to the epo t of the Cent al Civil Judgment Enfo cement Administ ation, the success ate of udgment enfo cement in the p ovinces and cities

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce

is ve y lo The ma o ity is less than 40%* In pa ticula , the p otection of o ne ship ights fo the elevant pa ties th ough the official dispute settlement mechanism in Vietnam is still inadequate and it needs to be fu the imp oved

econdly, the situation of an un ust ong is still complicated as many ong cases cause f ust ation in public opinion The c iminalization of civil and economic cases in some localities has c eated aves of negative public opinion fo the udicia y2, so “The eality that the people and businesses a e still hesitant to choose to the use of the cou t system to esolve disputes needs to conce n”3

In ustice in legal p oceedings, especially c iminal p oceedings in Vietnam is still ongoing, such as the case of M T an Van Them (bea ing an in ustice udgment fo ove 40 yea s), the case of M Huynh Van Nen (un ustly imp isoned fo yea s), M Nguyen Thanh Chan (un ustly imp isoned fo yea s), etc4 Du ing the pe iod f om Octobe , 20 to Septembe 30, 20 4, “the p oceedings-conducting agencies have instituted and investigated ,506 cases ith 338,37 suspects and give in ustice udgement fo cases (accounting fo 02%) Fu the mo e, the Investigation Agency suspended suspects due to no c ime; suspects ho fail to p ove the c ime afte the expi y of the investigation time limit; The P ocu acy suspects suspects due to no c ime; the Cou t decla ed no offense of cases and the udgment as legally effective”5 Additionally, in ustice cases still exist in p osecuting, investigating, suspending investigations, and suspending cases due to acts that not constitute c imes and a e exempted f om c iminal liability, such as the case ofT an Van De (Binh Phuoc) as p osecuted and imp isoned fo “C ime of not complying ith the ve dict” sho s signs of in ustice, because the legally effective civil udgment decision has illegal content, fo cing M De to ca y out the p ocedu e of t ansfe ing the land use ight

Dinh Minh Tuan and Pham The Anh, From A Commanding tate o A Developmental tate (T i Thuc (Kno ledge), Hanoi, 20 6) p 84-85

2P ime Ministe Nguyen Xuan Phuc has ust asked the P esident of Ho Chi Minh City People’s Committee to equest autho ities to immediately stop p osecuting the c iminal case of “Hello” coffee and Pho shop o ne and cla ify elated esponsibilities ( Thanh, Vien Su, rime Minister proposed to stop criminalizing the shop Hello <https://tuoit e vn/thu-tuong-de-nghi-dung-hinh-su-hoa-vu-quan-xin- chao- 0880 htm> dated Ap il ,20 6)

3 Wo ld Bank G oup, Minist y of Planning and Investment, Vietnam have Report 2035: owards prosperity, innovation, justice and democracy (Hong Due 20 6) page 485

4 Ngoe Quang, “5 famous in ustice cases that shocked Vietnam” <http://giaoduc net vn/Xa-hoi/5~vu-an-oan-noi-tieng-lam-chan-dong-Viet -Nam-postl48206 gd> dated August 4,20

5The Standing Committee of National Assembly, Report No 870/BC-ƯB VQH dated 20/5/2015 reports on the monitoring results of “Injustice in the application of laws on criminal criminal procedure and compensation for unjustly affectedpersons in criminalproceedings in accordance with the law’XHanoi 20 5)

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce

to M T an Van Nang in cont avention of the Land La so he could not execute the udgment; the case of Dang Cong Van and Bui Van Quynh (Management Boa d of Dong Xoai Ma ket, Binh Phuoc) has been enfo ced the decision of administ ative handling, disciplina y punishment fo mo e than 03 yea s, then being p osecuted fo “C ime of intentionally violating the State’s egulations on economic management causing se ious consequences”, hich is unla ful, sho ing signs of in ustice because they have dealt ith t ice the same act of la violation

In addition to the numbe of people being un ustly p osecuted f om Octobe , 20 to Septembe 30, 20 4> the e a e still some un ust cases being conside ed and esolved These sho that the in ustice to innocent people in thei activities in C iminal p oceedings a e still se ious Cases of in ustice have a g eat influence on the hono , dignity, health, and p ope ty of the un usứy accussed people The e a e some pa ticula ly se ious cases that have caused public ange , dist ust of the people fo ustice, educing the p estige of ia enfo cement agencies such as the case of 07 un ustly imp isoned people in the case of “Mu de ” and “Stealing p ope ty” hich occu ed in 20 in Soc T ang A numbe oflocalities have seen many cases of in ustice such as Soc T ang (07 people); Khanh Hoa (06 people); Thanh Hoa (05 people); Vinh Phuc (04 people); Dak Lak (04 people); Can Tho (04 people); Ben T e (03 people); Binh Phuoc (03 people); Quang T i (02 people); Ca Mau (02 people); Da Nang (02 people), etc2

The Standing Committee of National Assembly, Report No 870/BC-UB VQH dated 20/5/2015 reports on the monitoring results of “Injustice in the application of laws on criminal, criminal procedure and compensation for unjustly affectedpersons in criminalproceedings in accordance with the law”(Hanoi 20 5)

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce C art 2: V et am’s just ce dex over t e years

Sou ce: Adapted f om Wo ld Justice P o ect 20 -20

This fact sho s that in ecent yea s, although Vietnam has made g eat effo ts to imp ove the quality of state gove nance, inc eases info mation disclosu e, t anspa ency, and accountability, but the ustice index in Vietnam is not significantly imp oved

Thus, although the manifestation of violations in each p oceedings is diffe ent, the common consequences caused by the p ocedu al pe sons a e damages to p ope ty, health, hono , and p estige, mo ale and pe sonal f eedom of the pe sons held in custody, detention, p osecuting, investigating, p osecuting and ad udicating; especially unde mining the people’s confidence in the integ ity of Vietnamese ustice

Table 3: Ra k g of V et am’s c v l a d cr m al just ce dex over t e years Year As a reg o k gC v l just ce Global Cr m al Just ce

ra k g As a reg o k g k gGloba!

20 0/ 50/66 0/ 32/66

20 0/ 79/97 9/ 37/97

20 0/ 79/97 9/ 37/97

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce

20 0/ 73/ 0/ /

20 2/ 76/ 02 8/ / 02

20 / 80/ 8/ 5 /

20 3/ 2/ / 52/

20 3/ 2/ / 52/

20 / 4/ 26 0/ 60/ 26

Sou ce: Adapted f om Wo ld Justice P o ect 20 -20

Although Vietnam’s civil and c iminal ustice index has imp oved ove the yea s, compa ed to the index of many count ies in the egion and a ound the o ld, this level of imp ovement is limited This has not imp oved Vietnam's position compa ed to othe count ies in the egion and the o ld ( able and Chart 3)

C art 3: Just ce dex of V et am a d ot er cou tr es t e reg o 20

Vietnam Afghanistan

Bangladesh Cambodia

Thailand Singapore

Philippines _*_civilJ stice Myanmar

Malaysia

- A —J stice index

Japan ndonesia

Sou ce: Adapted f om Wo ld Justice P o ect 20

Acco ding to the above data table, this fact d ives f om many easons, some of hich a e: ( ) Dispute esolution p ocedu es a e not clea , the p ocessing time is

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce

long and the effectiveness of esolution is still lo , hich a e the main easons hy people have the psychology to solve by themselves o choose info mal methods to esolving disputes, athe than inte acting ith g ass oots udicial institutions; (2) Hie effectiveness oflocal state agencies’assistance in solving legal p oblems and complaints ofthe people is lo ; (3) Access to the cou t is limited due to cost, p ocedu al, and beliefs in the me its of the udges and cou t officials; (4) Realistically, the e exist inequalities among social g oups The poo , the lo ly educated, and those ithout social positions face many ba ie s stemming f om pe sonal and social esou ces, so they face limited access to the info mation and equipment g ass oots udicia y, legal aid se vices; etc

6 Co clus o

Hie good implementation of info mation, t anspa ency, and accountability is the most impo tant issues to imp ove the quality of state gove nance unde the standa ds of good gove nance, the eby ensu ing good access to ustice of the citizens

Fo Vietnam, the nation is in the p ocess of socio-economic t ansfo mation, the system of institutions and institutions of state gove nance has not been completed yet, so it has not fully met good state management standa ds, especially info mation disclosu e, t anspa ency, and accountability in state agencies and activities a e not ell gua anteed, hich g eatly affects the gua antee of the citizens’ ights to ustice The efo e, in the cu ent pe iod, Vietnam needs to actively imp ove the full and accu ate system of institutions of gove ncance unde the standa ds of good gove nance, especially good implementation of info mation disclosu e, t anspa ency, and accountability in o ganizating and ope ating of all the levels of the gove nment, the eby ell ensu ing the ights of access to ustice fo the citizens and human ights in p actice

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2 Vietnam Communist Pa ty elect onic ne spape , “Recove y of co upt assets -Vietnam situation and inte national expe ience” <http://cpv o g vn/phap-luat/thu-hoi-tai~

san-tham-nhung-thuc-t ang-viet-nam-va-kinh-nghiem-quoc-te"2 4226 html>, accessed on Ma ch 3,20

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Eu opean Agency fo Fundamental Rights, Eu opean Cou t of Human Rights and Council Eu ope, Handbook on European law relating to access tojustice (20 6) <https:// ech coe int/Documents/Handbook_access ustice_ENG pdf> accessed 5Semptembe 20

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Ope ess>Tra spare cy a d Accou tab l ty State Gover a ce

4 Vu Cong Giao, Nguyen Hoang Anh, Dang Minh Tuan and Nguyen Minh Tuan (Edito ), Good gove nance: Theo y and P actice (National Politics - T uth 20 7)

5 T uong Ho Hai, “An ove vie of the state of tectonic development and good gove nance” Jou nal of La (Hanoi, Septembe 20 7)

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7 La ye s’ Association, CECODES, UNDP, Justice Index 20 - owards a justice systemfor thepeople (Hanoi 20Ỉ6)

8 La ye s’ Association, CECODES, UNDP, Justice Index: The situation of fai ness and equality based on people’s opinions in 20 (Hanoi 20 3)

La ye s Committee fo Human Rights (2000), What is a Fair rial?A Basic uide to Legal tandards and ractice (2000) <https:// human ightsfi st o g/ p~content/ uploads/pdf/fai _t ial pdf>accessed Semptembe 20

20 Dinh Van Minh, "Good gove nance and anti-co uption”, Nguyen Thi Que Anh, Vu Cong Giao and Nguyen Hoan Anh, theo ies, models, app oaches on state gove nance and anti-co uption ( Hong Due 20 8)

2 “Dissecting the” sto y “of Vinashin: times of inspecting but not detecting

mistakes”, c https:// baomoi com/mo~xe-cau-chuyen-vinashin- -lan-thanh-kiem-t

a-nhung-khong-phat-hien-sai-pham/c/4787838 epi> dated August 20

22 Chu Thi Ngoc, “Ensu ing the ight to access to ustice - a equi ement in ensu ing the human ights of the cou t”, Jou nal of Hanoi National Unive sity Science, La , (Hanoi National Unive sity, Hanoi) Vol 33,20 7)

23 B T Ngoc, “Handling key co uption cases befo e the 2th Pa ty Cong ess”, http://nỉd,com vn/thoi“Su-t ong-nuoc/xu-8"Vu-an-tham“nhung"t ong-diem-t uoc*-dai-hoi“ xii-cua-dang-20 50 05054054 htm dated Septembe 20 5)

24 Wo ld Bank G oup and Minist y of Planning and Investment, Vietnam Repo t 2035: To a ds P ospe ity, Innovation, Justice and Democ acy (Hong Due 20 6)

25 Kenichi Ohno and Le Ha ĩĩiạnh, Hie middle-income t ap in Vietnam ith the cu ent situation and solutions, Vietnam Jou nal of Social Sciences, (Hanoi, July 20 5)

Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce

20 8” <https://tapchitoaan vn/bai-viet/xet-xu/ 0-vu-an-lon-ve-kinh-te-tham-nhung-va-cac-vu-an-dien-hinh-duoc-dua- a-xet'xu-t ong-nam-20 8> dated Janua y 20

27 Nguyen Minh Phuong, Vu ĩh ì Thu Hang> “Right to access to ustice in Vietnamese public se vice”, in Dao T i Uc and Vu Cong Giao, Justice and ight to access to ustice (Hong Due 20 8)

28 Ngoe Quang, “5 famous in ustice cases that make Vietnam shocked” <http:// giaoduc net vn/Xa'-hoi/5-vu-an-oan~noi-tieng-lam-chan-dong-Viet-Nam-postl48206 gd> dated 04 August 20

2 V V Thanh, Vien Su, The P ime Ministe asked to stop c iminalizing the Xin Chao case <https://tuoit e vn/thu-tuong-de-nghi-dung~hinh-su'hoa-vu-quan-xin-chao- 0880 htm> dated Ap il 20

30 “The Wo ld Justice P o ect” <https:// o id usticep o ect o g/> accessed Semptembe 20

3 T inh Quoc Toan, Dang Minh Tuan, “Judicial explanation esponsibility -inte national standa ds and expe ience of some count ies in the o ld”, Jou nal of Hanoi National Unive sity Science, La , vol 35, No , 20 , 7-26

32 T anspa ency Inte national - The Global Anti-Co uption, <http:// t anspa ency o g/> accessed Semptembe 20

33 Dinh Minh Tuan and Pham The Anh, f om Executive state to Tectonic development state (Kno ledge, Hanoi, 20 6)

34 Dao T i ƯC, Cu iculum State ofla ight (Hanoi National Unive sity 20 5) 35 Dao T i ƯC, “The Natu e, Cha acte istics and Key P inciples of Judicial Rights” in Dao T i ƯC and Vu Cong Giao (Co-Edito ), Judicial Refo m fo a Integ ity of Justice (Hanoi National Unive sity, 20 4)

36 Dao T iƯCand Vu Cong Giao, Justice and the ight to access to ustice (Hong Due 20 8)

37 UNDP, overnmanceforsusta ablehuman development -a UND policydocument

(UNDP, 7)

38 UNDP, rogrammingforJustice: Accessfor All A ractitioner's - uide to a Human Rights-Based Approach to Access to Justice, (UNDP Regional Cent e in Bangkok, 2005)

apla s/publication/en/publications/democ atic-gove nance/dg-pubỉications-fo - ebsite/ access-to- ustice-p actice-note/Justice_PN En pdf> counte date 07/ 0/20

40 United Nations Office on D ugs and C ime, “Guidelines fo capacity building and

udicial integ ity”<https:// unodc o g/documents/southeastasiaandpacific/20 4/04/

udicial“Vietnam/UNODC„-„Judicial„Integ tiy„Vietnamese pdf> accessed 02 Octobe 20 United Nations Office on D ugs and C ime, “Commenta y on the Bangalo e P inciples of Judicial Conduct” <https:// unodc o g/ es/ i/impo t/inte national standa ds/comm enta y on_the„bangalo e„p inciples_of_ udiciaỉ_conduct/bangalo e_ p inciples_english pdf> accessed 02 Octobe 20

42 ĩhe Standing Committee of National Assembly, Report No 870/BC-ƯB VQH dated 20/5/2015 reports on the monitoring results of Injustice, wrongstatus in the application of laws on criminal criminal proceedings and compensation for unjustly affected persons in

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A O NTAB L TY N ADM N STRAT VE A T V T ES -T EORY AND PRA -T AL -TY N V E-TNAM

A/ rof Dr Nguyen HoangAnh1- Nguyen Due huong2

Accou tab l ty: co cept a d class f cat o

Accountabilityis a fai lyne te m, appea ing in the context hen the development coope ation activities, the dono s and the People expect commitment f om the gove nment Acco ding to OECD: To be accountable, th ee main pilla s a e needed:

i) T anspa ency: citizens have the ight to access info mation elated to commitments made by the gove nment;

ii) Accountability: citizens can equest the gove nment to espond thei activities; iii) Efficiency: citizens can punish if the gove nment violates the commitment standa ds3

Acco ding to the Wo ld Bank G oup: The te m "accountability” implies that the e is accu ate and accessible info mation on hich to udge hethe the ob is being done ell, and it assumes that the e a e mechanisms to e a d good pe fo mance and discou age bad pe fo mance ”4

Acco ding to Schola Robe t s Bake , “The gove nmental accountability - that is, the duty of public officials to epo t on thei actions to the citizens, and the ight of

chool o fLaw, Vietnam National University, Hanoi

2Office o fNational Assembly o f Vietnam _

3Sou ce: Hudson and GOVNET (200 ), cited in: ACCOUNTABILIT AND DEMOCRATIC GOVERNANCE: ORIENTATIONS AND PRINCIPLES FOR DEVELOPMENT © OECD 20 4, http:// oecd-ilib a y o g Wo ld Bank, Vietnam Development Repo t 20 0» “Mode n Institutions”, p 04 > see at: http://documents

the citizens to take action against those officials hose conduct the citizens conside unsatisfacto y - is an essential element, pe haps the essential element of Democ acy” Thus, accountability is al ays associated ith the ight to complain, claim, denounce and fight against co uption

In the State’s activities, accountability is unde stood as the esponsibility of gove nment bodies - that have eceived po e s and autho ities f om the People and have set a goal of exe cising po e fo the People and have the duty to espond, explain and take esponsibility fo all thei activities Accountability is the State agency’s p ovision, explanation and cla ification of info mation on the pe fo mance of assigned tasks, po e s and its esponsibility fo the pe fo mance of such tasks and po e s

Acco ding to the OECD, Accountability consists of t o g oups: ve tical accountability and ho izontal accountability Ho izontal accountability is the - checks anh balances mechanism among the th ee b anches of the legislative, executive and udicial po e s Ve tical accountability is the elationship bet een citizens and gove nment bodies - those ho a e empo e ed to make decisions, but citizens have the ability to ce tainly influence that decision-making p ocess2

In theVietnam DevelopmentRepo t20 0,the Wo ld BankclassifiesAccountability as follo s:

+ Accountability ensu es compliance (up a d accountability system): Individual o o ganization that places emphasis on top-do n p inciples, egulations and cont ols, emphasizing compliance ith ules, dictates and inst uction coming f om ithin the hie a chy

+ Accountability fo pe fo mance (do n a d accountability system): The n a d accountability system focuses on the esults that the pe son o body is ent usted to delive , and have mechanisms in place to ensu e that individual o o ganization that does ong things ill suffe f om consequence, and individual and o ganization that ell ill be e a ded”3

_ Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce » _

1 Robe t s Bake , “Accountability in Gove nment and Its Limits”, in “Accountability in Gove nment” ƯS Depa tment of State’s Elect onic Jou nal, p 8, see at:

photos state gov/lib a ies/vietnam/86 6/t ansdoc/t ans_Accountability_Gove nment pdf