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VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES LE ANH TUAN STATE MANAGEMENT OF POSTGRADUATE TRAINING IN VIETNAM TODAY Major: Constitutional Law and Administrative Law Code: 38 01 02 SUMMARY OF DOCTORAL THESIS IN LAW Ha Noi - 2021 The work is completed at GRADUATE ACADEMY OF SOCIAL SCIENCES Science Instructor: Assoc Prof Dr Le Van Long Counter-argument 1: Assoc Prof Dr Nguyen Hoang Anh Counter-argument 2: Assoc Prof Dr Nguyen Minh Man Counter-argument 3: Prof Dr Thai Vinh Thang The thesis will be defended before the Academy-level PhD Thesis Assessment Council at the Graduate Academy of Social Sciences, No 477 Nguyen Trai street, Thanh Xuan, Ha Noi At: dated 2021 Thesis can be found at: - National Library of Viet Nam - Library, Graduate Academy of Social Sciences INTRODUCTION Rationale Firstly, postgraduate training is considered as a method to train highly qualified human resources with the ability to think innovatively, transfer technology and meet the needs of socio-economic development One of the main tasks of postgraduate training is to attach great importance to all three aspects: improving the quality, promoting the efficiency and rationally expanding the scale, in which the quality is the top goal, an important task However, all three of these contents are facing great challenges from the reality Secondly, the role of state management in postgraduate training activities is posing new challenges in order to achieve long-term strategy and achieve high efficiency The state can no longer be the direct holder of training activities In other words, the state only plays a supporting and supervising role of training institutions, so that this process takes place equally and give healthy competitions towards a strong knowledge society, and the a developed economy Thirdly, along with the renovation process of the country, Vietnam's postgraduate training has achieved a number of important achievements However, it has not yet met the requirements of supplying highly qualified human resources for the country in the current period Renovation of postgraduate training is really an urgent issue when Vietnam accelerates industrialization, modernization and international integration To renovate postgraduate training, many factors are needed, one of which is perfecting the law on postgraduate training Finally, the system of legal documents governing this field shows overlap and patchwork State management activities in the field of postgraduate training raise many questions about how the state management role in postgraduate training must be viewed in the market economy today And how does the state fulfill that role? Does the quality of graduate training meet the set goals? Therefore, the author chooses the topic entitled "State management of postgraduate training in Vietnam today" to solve the above-mentioned theoretical and practical problems Aims and objectives of the study 2.1 Aims The aim of the research project is to study and build a theoretical and practical basis for proposing solutions to improve the state management of postgraduate training, responding to the requirements of postgraduate training renovation after training in Vietnam today 2.2 Objectives The objectives of the study are identifying and clarifying the theoretical aspects related to postgraduate training and the state management of postgraduate training, forming a deeper awareness of the characteristics, subjects and contents of the state management of postgraduate training as well as factors affecting the state management of postgraduate training The objectives of the study are also researching and evaluating the state management of postgraduate training in Vietnam, pointing out the advantages, disadvantagess and causes of the situation, thereby identifying issues that need to be solved in order to improve the state management of postgraduate training in our country today The study identifies viewpoints and proposes solutions to innovate and improve the state management of postgraduate training in Vietnam today Objects and scope of the study 3.1 Objects of the study The objects of the study are the scientific perspectives on postgraduate training and the state management of postgraduate training; the policies and laws on postgraduate training and the state management of postgraduate training in Vietnam; the reality of the state management of postgraduate training in Vietnam; the experience of Vietnam and some countries in the world in the state management of postgraduate training 3.2 Scope of the study - Scope of the contents: The thesis comprehensively researches theoretical and practical aspects related to state management of postgraduate training in Vietnam from the perspective of legal science The research focus of the thesis is on theoretical and practical issues of law building and enforcement in order to regulate postgraduate training relations in general and the state management relations of postgraduate training in Vietnam in particular The thesis especially focuses on understanding the legal aspects of the subject, contents, and methods of state management of postgraduate training in Vietnam - Scope of the space: The thesis focuses on researching the state management activities in postgraduate training within the territory of Vietnam The thesis explores the state management model of postgraduate training in some countries around the world (the United States, the United Kingdom, and Taiwan), thereby providing suggestions for the model of state management of postgraduate training in Vietnam - Scope of the time: The thesis studies postgraduate training activities in the period of national renewal, focusing on the promulgation of the Education Law in 1998 until now Methodology 4.1 Research approaches On the basis of the perception of historical materialism, MarxismLeninism's dialectical realism, according to objective dialectical logic, is in common connection with other issues for the research gap Besides, the research project is carried out due to the views and guidelines of the Communist Party of Vietnam on education and training, combined with the theory of good governance and the practice of state management of postgraduate training The author acquires research thinking and some approaches in Theory of Education, Theory of Human Rights, Theory of National Governance 4.2 Research methods The thesis uses some specific methods such as normative analysis, document analysis, comparíon; historical method, integration, and sociological method Contributions of the study - The thesis complements and deepens the theoretical system of the state management of graduate training In particular, the thesis has clarified the requirements, principles, subjects and contents of state management of postgraduate training At the general level, the thesis has also clarified the factors that can affect the effectiveness of the state management of postgraduate training - The thesis clearly identifies some experience for the establishment of a state management model of postgraduate training in Vietnam from the study of specific models of a number of countries that are effectively deploying these activities - The thesis provides a systematic and complete analysis of the state management of graduate training in Vietnam From a legal perspective, the thesis is the most in-depth study of the results and limitations of the current state management model of postgraduate training in Vietnam - The thesis makes recommendations for a comprehensive reform of the current state management model of postgraduate training in Vietnam in the direction of the state focusing on quality management through monitoring and facilitating postgraduate training In the university development, the state does not change, does not interfere in the internal activities of graduate training institutions On that basis, the thesis builds a key solution on perfecting the state management institution of postgraduate training in Vietnam, meeting the criteria of comprehensive, unified, synchronous, clearly delineated roles of the state and training institutions in postgraduate training in Vietnam today Significance of the study 6.1 Theoretical significance The thesis contributes to perfecting the theoretical system of postgraduate training and the role of the state in postgraduate training management, and at the same time forming a complete thinking on the state management for postgraduate training in Vietnam today 6.2 Practical significance The thesis contributes to the design of a state management model of postgraduate training in Vietnam, aiming to meet the needs of improving the capacity of training high-quality human resources for the country in the new period The thesis directly contributes to perfecting the institution, improving the state management of the subjects, thereby improving the quality of postgraduate training in Vietnam today The research results of the thesis are useful references for managers, researchers in education and postgraduate training in Vietnam Structure of the study In addition to the Introduction, Conclusion, List of References, the contents of the thesis include chapters CHAPTER LITERATURE REVIEW 1.1 Previous research 1.1.1 Previous research on theoretical issues of state management of postgraduate training Research works on state management of postgraduate training have been mentioned by researchers around the world However, foreign studies directly related to the topic are limited due to the relatively young age of graduate training in Vietnam and low integration In the country, a number of in-depth research works on state management in the form of methodologies and practices have improved the state management in the context of a socialist-oriented market economy, international integration in our country has been announced These works only stop at the study of basic theoretical issues of the state management and state management of industries and fields without in-depth studies to solve these specific management problems 1.1.2 Previous research oversea and the reality of state management of postgraduate training in Vietnam There are many scholars who have published studies on the current situation and directions of innovation in higher education and postgraduate training in Vietnam in the trend of globalization and the experience of state management of postgraduate training in Vietnam and in foreign countries The studies have comprehensively and extensively presented the socioeconomic situation of Vietnam, the current situation of higher education and postgraduate training in Vietnam and have offered many solutions to promote education reform, Vietnamese universities and postgraduate training in the direction of assigning autonomy and social responsibility to institutions of higher education and postgraduate training The research works on non-business units, measuring the effectiveness of non-business units are also very rich and interesting In addition, there are also a number of specialized evaluation works on non-business units in the field of Higher Education and Postgraduate Training: “Problems about accreditation of higher education quality in Vietnam today” by Doan Van Dung (2009), “Some evaluations on the results of the implementation of decentralization of the university management in Vietnam today” by Bui Thi Ngoc Mai (2009), "Socialization of education according to current Vietnamese law" Nguyen Thi Nga (2018), "Autonomy of postgraduate training institutions under Vietnamese law" by Dao Thi Ngoc Anh (2019), and "The autonomy of public higher education institutions in in Vietnam today" by Nguyen Trong Tuan (2019) 1.1.3 Previous research on proposals to improve the law and the efficiency of state management of postgraduate training in Vietnam There have been some research works on perfecting the law on the state management of postgraduate training from different angles and levels, and making many proposals on the improvement of education legislation: "Improving the law on management of universities and colleges to meet the current requirements of Vietnam's higher education renovation" by Nguyen Duc Cuong (2009), "Completing the current policy of Vietnam's higher education development" Nguyen Ba Can (2009), "Improving the state management in higher education" by Nguyen Thi Thu Ha (2012), and “Improving the law on higher education in Vietnam today” by Le Thi Kim Dung (2012) 1.2 Comments on the previous research and the research gap 1.2.1 Comments on the previous research The research works associated with the thesis topic are approached from many directions with different levels of relevance This is an advantage as well as a big challenge for the thesis research implementation The results of the research works have provided an important amount of knowledge about postgraduate training, the role of state management in postgraduate training, and models of state management of postgraduate training To a certain extent, there are theoretical and practical aspects related to the subjects, contents, methods, and degrees of legal adjustment to the state management of postgraduate training as well as the influencing factors The impact on the state management of postgraduate training has been mentioned in a number of studies However, research activities on the theory and practice of the state management of postgraduate training in Vietnam have many gaps, many differences, and multidimensional, inconsistent and complex information The complexity of the problem is not a small obstacle, and at the same time poses a heavy responsibility for the research of the thesis topic In general, there is currently no research work that systematically, fully and comprehensively researches the state management of postgraduate training in Vietnam at present, so that the finding of the thesis proposes a breakthrough change in the model and makes specific and feasible recommendations for the actualization of the model, towards improving the state management of postgraduate training in Vietnam 1.2.2 Research gaps Firstly, theoretically it is necessary to clarify the following issues: The concept of the state management of postgraduate training; Features of the state management of postgraduate training; Principles and subjects of state management of postgraduate training; Contents of the state management of postgraduate training; Decentralization of the state management of postgraduate training; Experience in the state management of postgraduate training of some countries in the world Secondly, in terms of the actual situation and practice of graduate training management, it is necessary to clarify the following issues: The formation and development of the state management of graduate training in Vietnam; The current status of the Vietnamese legal system governing the organization and state management of graduate training; The practice of state management of postgraduate training in Vietnam Thirdly, it is necessary to clarify the views and solutions to improve the postgraduate training: Perspectives on improving the state management of postgraduate training; Some solutions to improve the state management of postgraduate training in Vietnam today 1.3 Research hypothesis and research questions 1.3.1 Research hypothesis The thesis assumes that the state management of postgraduate training is acting closer to international standards, helping Vietnam's state management model of postgraduate training (basically a centralized management model) gradually moving towards autonomy and approaching international training standards In terms of legal reforms, it should be guided by policies that support the free development of science and academia, instead of constrained management thinking 1.3.2 Câu hỏi nghiên cứu: To decipher the research hypothesis, the thesis focuses on answering the following research questions: - How should the state management of postgraduate training be understood? What are the different characteristics? What aspects of the state management of postgraduate training need to be regulated by the law? What factors affect the effectiveness of the state management of postgraduate training? - What is the current state management model of postgraduate training in Vietnam? How is this model being applied in practice? What are the challenges and prospects? - How should the trend of the state management model of postgraduate training in Vietnam be improved? In the immediate future, what solutions are needed to improve the state management of postgraduate training in Vietnam today? Chapter conclusion The literature review shows that the previous research works have studied the status of postgraduate training, the state management of postgraduate training in Vietnam and have proposed many solutions to promote the state management of training, Vietnamese postgraduate training in the direction of assigning autonomy and social responsibility to postgraduate training institutions The authors believe that innovation in thinking is a prerequisite, in which management innovation is the leading task in the breakthrough of the higher education and postgraduate training system in Vietnam The strengthening of state management of postgraduate training is still a relevant requirement, especially in the process of strong international integration The role of postgraduate training is increasingly important and is decisive in training high-quality human resources, serving industrialization and modernization of the country The state does not interfere deeply in the operation of postgraduate training institutions, but the state management role in this field must be strengthened in the direction of perfecting the legal system, creating a legal corridor It is safe for the state agencies, universities, colleges, social organizations as well as all citizens when participating in social relations about postgraduate training The results of the assessment of the research situation help the postgraduate students identify the main research problems of the topic, including issues that need to be clarified theoretically in order to complete the theoretical framework, assess the current situation and practice of research problems and solutions to perfect the law on the state management of postgraduate training 2.1.3 Roles of state management of postgraduate training Firstly, the state management of graduate training plays a role in orienting the development of high-quality human resources Secondly, the state management of graduate training has the role of regulating training activities in a balanced manner, in line with the goals of science technology and socio-economic development Thirdly, the state management of graduate training plays the role of inspecting, supervising and handling errors in all postgraduate training activities Fourthly, the state management of postgraduate training is the basis for completing the legal provisions for postgraduate training activities 2.2 Contents and methods of state management of postgraduate training 2.2.1 Contents of state management of postgraduate training - Developing policies and promulgating laws on postgraduate training - Organizing the state management apparatus for postgraduate training - Organizing and implementing the state management activities on postgraduate training 2.2.2 Methods of state management of postgraduate training - The state management method of postgraduate training is the way to influence and adjust postgraduate training activities There are two basic management models, and at the same time representing two typical state management methods: the centralized management method and the decentralized management method The centralized state management method emphasizes the control of management entities over the implementation of policies and laws related to training activities Decentralized state management method emphasizes the decentralization of autonomy for training institutions, the management agency only controls the output or through independent inspection processes to monitor and handle when there is a violation - So far, there have been a number of countries that have applied a mixture of both methods above and tend to form a mixed management model The mixed method takes advantage of the advantages of both methods as well as eliminates the disadvantages 2.3 Factors affecting the effectiveness of state management of postgraduate training 11 Factors affecting the effectiveness of state management of postgraduate training are the role of the state in guiding policy for postgraduate training, the degree of perfection of the legal system for postgraduate training, the socio-economic conditions, the impact of cultural traditions, and the impact of the trend of international integration and cooperation on higher education 2.4 Some models of state management of postgraduate training in the world and reference values for Vietnam 2.4.1 Some models of state management of postgraduate training in the world It involves state management model of decentralized postgraduate training (US model); state management model of centralized postgraduate training (typically the model of the United Kingdom and Taiwan) 2.4.2 Reference values for Vietnam Firstly, the state management of postgraduate training needs to be established according to the philosophy and stable development model Secondly, the state management of postgraduate training needs to shift to the quality management Thirdly, it gives autonomy to graduate training institutions in the state management of postgraduate training Chapter conclusion Firstly, the author analyzes and clarifies the two concepts of "postgraduate training" and "state management of postgraduate training" Accordingly, postgraduate training is understood as “a form of higher education for students who have graduated from university and are considered for entry to study and research at a more advanced level” State management of postgraduate training “is an organized and regulated influence by state power on graduate education and training activities, by state educational management agencies” from the central to the grassroots level to perform the functions and tasks authorized by the state in order to develop the cause of education and training, in which improving the quality of higher education, maintaining order and discipline in order to improve the people's intellectual level, train human resources and foster talents for the country." Secondly, it generalizes the current state management models of postgraduate training in the world, namely the centralized model and the decentralized model The research results show that the current models are no longer too specific, no country has rigidly applied state management to 12 graduate training activities because each of the above models has disadvantages Therefore, in each country, there is mainly a tendency to combine the above two models, depending on the content of graduate training management Thirdly, develop the contents of the state management of graduate training and point out the factors affecting the effectiveness of the state management of graduate training CHƯƠNG PRESENT REALITY OF STATE MANAGEMENT OF POSTGRADUATE TRAINING IN VIETNAM 3.1 An overview of postgraduate training in Vietnam According to the report of the Ministry of Education and Training, in the 2018-2019 school year, there are 237 higher education institutions (including about 140 doctoral training institutions and nearly 180 training institutions) master's level), 43,656 new enrollments for graduate training, 85.94% of students at public institutions and 16.36% of non-public postgraduate students, of which 42,160 students master's degree, 1,496 PhD students; scale of training for masters and doctors is: 108,134 people with 97,134 master students, 11,000 doctoral students This data does not include defense, security and international schools Thus, each year, there are an average of more than 1,500 doctorates and more than 36,000 master's degrees Similarly, in terms of training scale: 88.28% of students participate in graduate training programs at public institutions, 11.72% of non-public students (12,428 masters, 242 doctorates) As of 2019, private universities have about 60 schools, accounting for 25.5% of the total number of universities across the country, distributed in 29/63 provinces/cities 3.2 Present legal regulations on state management of postgraduate training in Vietnam - The law on management of postgraduate training in Vietnam in terms of historical progress dating back to 1976 when the Prime Minister issued Decision No 224-TTg dated May 24, 1976 on University training 13 Accordingly, two (2) forms of postgraduate training are implemented in the form of in-service and focused training, namely associate doctorate and doctor of science degrees In 1993, Decree No 90/CP dated November 24, 1993 of the Government agreed on the form of postgraduate training in Vietnam, including: postgraduate training (granting master's degrees) and postgraduate students (Doctoral degree) from two (2) pre-existing postgraduate training systems: the former Soviet Union's training model of associate doctorate, doctorate and postgraduate training (master's degree) - 1998 marked the development of the law on educational management in general and postgraduate training in particular when the Education Law 1998 - the first legal document in the field of education was promulgated The thinking and consciousness of state management of education have been significantly changed and enhanced with the introduction of the first specialized legal document, which regulates all social relations arising in the field of education - Next, the Education Law 2005 and amended in 2009 created a legal basis to continue building and developing the country's education in the period of industrialization and modernization Many obstacles in educational management activities have been removed in accordance with the new situation - In 2012, the Law on Higher Education was passed, creating a step forward in state management of higher education in general and graduate training in particular with the purpose of specializing in state management in Vietnam In particular, the Law on Higher Education 2012 stipulates a number of fundamental new issues such as university stratification, higher education socialization, autonomy of higher education institutions, and training quality control, in which the autonomy of higher education institutions is consistently and transparently expressed in the provisions of the Law This law was amended and supplemented in 2018 14 - The 2013 Constitution is the most important legal basis for the development of legal documents governing educational activities and state management of graduate training - The 2019 Education Law, consisting of chapters and 115 articles, is promulgated, which is the current legal document with the highest legal validity after the 2013 Constitution, which regulates the contents of state management of general education, in which, new points on postgraduate training were noted such as regulations to raise the standard level of training of university lecturers; allocate the education budget, ensure that the state budget is spent on education; recognition of foreign diplomas At the same time, the Education Law 2019 is recognized with the merger of the Higher Education Law of 2012, amended and supplemented in 2018 with respect to the contents of higher education curricula, educational institutions, higher education diploma State management requirements in building and perfecting the legal system are also reflected in the review, amendment and supplementation of other laws such as the 2019 Law on Public Investment; Law on State Budget 2015; Law on Cadres and Public Officials and the Law on Public Officials amended in 2019; Labor Law 2019, Law on Management and Use of Public Property 2017, Law on Science and Technology 2013, Law on Inspection 2010 and other relevant legal documents, in order to ensure the safety of employees and create favorable conditions and effectively implement postgraduate training management at educational institutions 3.3 Practical implementation of state management of postgraduate training in Vietnam 3.3.1 Practical organization of the state management of postgraduate training: Operating on the principle of sectoral and territorial coordination, the state management apparatus for postgraduate training is built according to the system: the Government is unified in management, the Ministry of Education and Training is the focal agency for implementing the postgraduate training perform; Ministries, ministerial-level agencies and 15 agencies attached to the Government are responsible for management and coordination in accordance with the Government's regulations; Provincial People's Committees shall perform the management according to the decentralization of the Government; Postgraduate training institutions operate and take responsibility according to the provisions of the law on postgraduate education both in terms of administrative apparatus organization and professional quality It should be noted that the construction and consolidation of the entire state management apparatus for graduate training lies not only in the development of legal documents and regulations on organization of post-graduate training, but also in the requirements for improving the quality of postgraduate apparatus management and staff management 3.3.2 Practical implementation of the contents of state management of postgraduate training: (i) Practically developing training orientations for graduate training institutions: firstly, to expand the training scale to meet the requirements of the industrialization and modernization cause, in accordance with the conditions of the socio-economic of the country; secondly, to adjust the structure of occupations and forms of human resource training to improve the quality training, and conduct training according to social needs; thirdly, to establish schools according to the policy of educational socialization, expanding the network of non-public training institutions; fourthly, to pay attention to regional structure and social and policy objects in graduate training management (ii) The practice of managing postgraduate training programs: Training programs have a strong impact on training quality, and in recent years, Vietnamese universities have regularly updated and supplemented their training programs due to the country's conditions, circumstances and economic progress (iii) State management practice on human resources (lecturers) for postgraduate training: Academic year 2018-2019, total workforce structure 16 is 83,587 people with 0.87% managerial staff, 11, 42% staff, 87.71% full-time faculty Annually, the percentage of full-time lecturers with doctoral and master's degrees increased to 28.79% and 60.98%, respectively However, the current rate can be seen as very low compared to the world, and the story of real quality is still a difficult problem for training institutions (iv) State management practice in finance of graduate training: The financial mechanism including budget expenditure and state budget allocation for higher education shall comply with the provisions of Decree No 43/ 2006/ND-CP dated April 25, 2006 and Decree No 16/2015/ND-CP dated February 14, 2015 of the Government Regarding the mechanism of management of state budget expenditures for higher education (investment and recurrent expenditures and methods of allocating state budget for higher education): comply with the general provisions of the Law on Public Investment in 2019; Law on State Budget 2015 and guiding documents (v) The practice of assigning autonomy and self-responsibility to higher education institutions: Law on Higher Education 2012, Decree 73/2015/ND-CP of the Government dated September 8, 2015 providing stratification criteria, ranking framework and higher education institution ranking criteria Accordingly, higher education institutions are divided into floors: research-oriented higher education institutions; applicationoriented higher education institutions and practice-oriented higher education institutions However, the stratification and classification of higher education institutions by type are still difficult in practice because the regulations on the basis of classification or the concept of stratification and classification are still controversial and difficult to understand and apply The assignment of autonomy to training institutions is an issue that has been discussed and initially implemented in practice for many years Up to now, the Government's Decree 99/2019/ND-CP dated December 30, 2019 guiding the implementation of the revised Law on Higher Education is considered the latest legal corridor to create a mechanism to expand the scope and improve the quality of life and university autonomy in practice 17 (vi) Input and output quality management practices in graduate training: About input quality management practices: subjects of graduate students and graduate students, enrollment criteria, training scale The training level of the schools is adjusted annually in accordance with the actual conditions of quality assurance On the practice of output quality management: one of the changes in state management thinking in education is the transformation of the evaluation mechanism based on the completion of the annual state plan assigned to an accrediting and evaluation mechanism The price is based on the system of quality assurance criteria 3.3.3 Inspection, examination, supervision and handling of violations in postgraduate training Education inspection, examination and supervision include: Inspection of the implementation of laws and policies on education; Detecting, preventing and handlìg according to their competence or propose competent state agencies to handle violations of the law on education; Verifing and proposing competent state agencies to settle complaints and denunciations about education After the revised Education Law and the Higher Education Law came into being, the inspection and examination in education changed significantly: the inspection activities were transformed in the direction of changing the content from professional inspectors to the inspection of the management; no comprehensive inspection educational institutions as well as teacher pedagogical activities 3.3.4 International cooperation of postgraduate training Regarding foreign cooperation and investment in the field of education and training, there are currently the following forms: linking education and training with foreign countries; foreign-invested educational institutions; representative office of foreign education and training in Vietnam 3.4 Evaluation of the state management of graduate training in Vietnam 3.4.1 Advantages and causes Advantages: State management thinking about postgraduate training in Vietnam has begun to be renewed, although it still follows the centralized 18 management model There have been changes in the direction of flexibility and more autonomy to the training position It expands academic and research space for schools and institutes, allows private participation in the training process, and promulgates many legal documents with the scope of regulation covering most fields of educational activities Many regulations have been adjusted and supplemented to suit practical requirements; a number of documents are promptly issued to regulate activities that are still new to postgraduate education In the implementation of the law on state management of postgraduate training, although there are many shortcomings, there are still certain achievements that are in the trend of giving autonomy to training institutions as a management process based on the principle of minimal intervention, leaving academic freedom for training institutions Causes: First, the Communist Party and State of Vietnam have always paid attention to the development of higher education and postgraduate training, and management agencies at all levels have recognized the importance of graduate training innovation Second, it involves the active participation of the private sector in higher education and research activities Third, it is due to international training cooperation 3.4.2 Disadvantages and causes Disadvantages: Firstly, the state management model of graduate training is still slow to innovate Secondly, it is the challenge of meeting the increasing demands of society and the economy for highly qualified human resources Thirdly, it is under the impact of the process of integration and globalization, high-quality and highly qualified human resources are flowing strongly from developing countries to industrialized countries Fourthly, the big challenge for the state management of postgraduate training is the way in which to organize the content of the training program to the learners Fifthly, state management activities for postgraduate training have not been innovated in a timely manner, from training management to home administration Sixthly, the issue of management innovation is both at 19 the macro level and at the grassroots level for graduate education and training Causes: Group of objective causes: Firstly, from the old mechanism to the new management mechanism (by law), many new problems in management have arisen, causing the scope of regulation to change, the capacity of state management agencies to change does not cover all areas of activity; Secondly, postgraduate education develops rapidly, diversely and comprehensively in the trend of international integration, making it difficult for state management of graduate education to keep up; Thirdly, the state's financial capacity is still limited, and the training conditions have not kept up with the increasing requirements for human resource quality Group of subjective causes: Firstly, state management thinking on graduate education is influenced by centralized management thinking, which tends to be administrativeized; Secondly, the legal system on postgraduate education is not complete and synchronous; Thirdly, the quality of teachers and administrators in the state management of graduate training institutions is still uneven Fourthly, it has not kept up with the development requirements of postgraduate education Fifthly, the capacity of specialized managers in higher education, quantity and quality, are not commensurate with the workload and management subjects; Sixthly, there is a lack of a viable, long-term development strategy and integration with the world's higher education development trend Chapter conclusion Firstly, in the past few years, Vietnam has basically followed the centralized management model and achieved certain results, although it has not been up to the expectations and potential of Vietnam The reasons indicated include subjective reasons (such as: management thinking is administrativeized and not keeping up with the trend of higher education training) and objective causes (such as the transformation of mechanism subsidies to the market mechanism, socio-political changes make postgraduate training activities not yet transformed and modernized)… 20 Secondly, Vietnam also shows a tendency to gradually move to a decentralized model, as evidenced by the process of giving autonomy to training institutions, which is still ongoing and shows that this trend will get high approval of training institutions CHAPTER VIEWPOINTS AND SOLUTIONS TO IMPROVE THE STATE MANAGEMENT OF POSTGRADUATE TRAINING IN VIETNAM 4.1 Viewpoints on improving the state management of postgraduate training in Vietnam today - State management of postgraduate training must be associated with the guidelines of the Party and State on educational innovation - State management of postgraduate training must ensure the human right to study and conform to the requirements of the socialist-oriented market economy - State management of postgraduate training must be associated with the modern state governance process of the era of the industrial revolution 4.0 - State management of postgraduate training must be associated with the process of integration and selective absorption of foreign experience 4.2 Solutions to improve the state management of postgraduate training in Vietnam Firstly, it involves renovating the postgraduate training model and state management of postgraduate training - Renovating the postgraduate training model: Building an educational philosophy in general and postgraduate training in particular and raising awareness and new thinking about the postgraduate training development model in the overall development strategy of the country are necessary - Renovating the state management model of postgraduate training: The solution to this issue should focus on building, reviewing and perfecting legal documents, policies, institutions on management stratification and state management in postgraduate training Secondly, it involves perfecting the legal system on postgraduate training The direction of perfecting the law on state management of 21 postgraduate training in Vietnam today needs to be determined based on the change of management thinking The work of perfecting the legal document system on educational management should be recognized and conducted in the direction of considering graduate training institutions as legal entities with high autonomy Thirdly, it involves completing the state management of postgraduate training under the model of empowering autonomy and expanding academic space, which should be put in place in terms of reviewing the legal system regulating employment, defining clearly the functions, scopes and operational obligations of agencies in the state management apparatus of postgraduate training At the same time, it involves reviewing and reorganizing the grassroots governance of the constituent agencies themselves Fourthly, strengthening organizational capacity and effectively implement financial and investment policies for postgraduate training is also essential Fifthly, strengthening inspection and examination in the state management of postgraduate training, unifying and clearly defining responsibilities in the management, supervision and inspection of the operation of training institutions and comprehensive solutions are needed Strengthening the capacity of the inspection agency, especially the operating staff through professional training and vocational training is neccesary Sixthly, it involves strengthening international cooperation in state management of postgraduate training, training linkages within the framework of negotiations, bilateral cooperation at the state level, autonomy and signing between Vietnamese training institutions and foreign training institutions Chapter conclusion On the basis of the policies of the Communist Party and State of Vietnam, the socio-economic basis and the goal of building a market economy and knowledge economy, the author proposed six solutions to improve the state management of postgraduate training as follows: firstly, it involves renovating the postgraduate training model towards gradually reducing management and giving more autonomy to postgraduate training 22 institutions and renewing the state management model of postgraduate training by building, reviewing and perfecting legal documents, policies, institutions on stratification of state management in postgraduate training; secondly, perfecting the legal system on state management of postgraduate training based on changing management thinking is necessary; thirdly, strengthening the entire state management apparatus of postgraduate training under the model of empowering autonomy and expanding the academic space needs to be put in place in terms of reviewing the legal system that provides for clarification functions, scopes and operational obligations of agencies in the educational management apparatus; fourthly, it involves strengthening organizational capacity and effective implementation of financial and investment policies for postgraduate training; fifthly, it also involves strengthening inspection and examination in the state management of postgraduate training It is necessary to determine the position and independence of the ombudsman in postgraduate training; sixthly, strengthening international cooperation in state management of postgraduate training is essential CONCLUSION So far, there have not been many systematic studies on the state management of postgraduate training activities in Vietnam, especially approaches based on theoretical foundations of models This thesis, on the basis of inheriting previous studies, has initially approached the state management of postgraduate training in all aspects of the state management of postgraduate training Legislative status and management practice show that in recent years, Vietnam has basically followed the centralized management model and has achieved certain results At the same time, Vietnam also shows a tendency to gradually move to a decentralized model, as evidenced by the process of giving autonomy to training institutions, which is still ongoing and shows that this trend will get high approvals from postgraduate training institutions On the basis of the reasons indicated, the author has proposed solutions to promote the effectiveness of the state management of postgraduate training activities, including recommendations that can be implemented such as consolidating the entire management apparatus 23 according to the model of giving autonomy and expanding the academic space in terms of reviewing the regulatory legal system on clarifying functions, scopes and obligations, activities of agencies in the educational management apparatus, and inspection and examination in the state management of postgraduate training In addition to the research results indicated above, the thesis shows that there are still many aspects that have not been resolved such as Vietnam's general education generally appreciated, but in later levels of education, especially postgraduate, lag behind developed education systems Another equally important aspect is that the modernization process of postgraduate education is involving many actors, including foreign countries or using foreign training institutions These issues will be the premise for future studies Finally, accessing documents only in Vietnamese and English also causes certain limitations of the thesis With a history influenced by France and the Soviet Union, a lot of valuable research works in these two languages that have not been translated into Vietnamese and English will limit the scope of the research problem With the author's efforts and guidance of a dedicated mentor, the candidate tried to overcome this shortcoming to complete the thesis with the above research results 24 PUBLISHED WORKS BY THE AUTHOR RELEVANT TO THE THESIS Le Anh Tuan (2017), "Some issues of the state management of postgraduate training in Vietnam today", Journal of Human Resources and Social Sciences, ISSN: 0866-756X, December 12 issue 2017, pp 35-41 Le Anh Tuan (2020), "Some current state management issues of postgraduate training in Vietnam", Journal of Science, Hanoi Open University, ISSN: 0866-8051, No 73 November 2020, pp.48 -59 Le Anh Tuan (2020), "Solutions to improve the state management of postgraduate training in Vietnam today", Journal of Law Profession, ISSN: 0866-756X, December 2020, pp 64-69 ... state management of postgraduate training in Vietnam; the reality of the state management of postgraduate training in Vietnam; the experience of Vietnam and some countries in the world in the state... education according to current Vietnamese law" Nguyen Thi Nga (2018), "Autonomy of postgraduate training institutions under Vietnamese law" by Dao Thi Ngoc Anh (2019), and "The autonomy of public... Vietnam; The current status of the Vietnamese legal system governing the organization and state management of graduate training; The practice of state management of postgraduate training in Vietnam

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