MINISTRY OF EDUCATION AND TRAINING HO CHI MINH NATIONAL ACADEMY POLITICS AND PUBLIC ADMINISTRATION NATIONAL ACADEMY OF PUBLIC ADMINISTRATION Somnith SY LI BOUN LIENG THE DEVELOPMENT AND ADOPTION OF LEGAL NORMATIVEDCUMENTS BY STATE ADMINISTRATIVE AGENCIES IN THE PEOPLE’S DEMOCRATIC REPUBLIC OF LAOS Major : Public administration Code : 62 34 82 01 THE THESIS SUMMARY HA NOI – 2014 The thesis is completed at: NATIONAL ACADEMY OF PUBLIC ADMINISTRATION Academic supervisors: Assoc Prof., Dr Luu Kiem Thanh Assoc Prof., Dr Vu Trong Hach Opponent 1: Opponent 2: Opponent 3: The thesis will be defended in front of the Examination Board of the National Academy of Public Administration At hour date month 2013 Location: Room No Block A – Hall for PhD Thesis defense, National Academy of Public Administration, 77 Nguyen Chi Thanh Street, Dong Da District, Ha Noi The thesis can be found at the National Academy of Public Administration’s library or at the website of the Post-graduate Faculty, the National Academy of Public Administration, Ha Noi branch, Vietnam INTRODUCTION Reasons for choosing the subject State administrative agencies are an important part of the State apparatus The most significant character of State administrative agencies in exercising the executive power is to present the State power Within the scope of their authority, State administrative agencies have the right to adopt legal normative documents (statutory power) or documents referring to legal normativity that are compulsorily executed for individuals, organizations, State agencies and relevant State agencies; the right to examine, supervise the enforcement of documents they adopted; the right to take coercive measures if necessary against individuals, organizations and agencies related for having not self-consciously and strictly abided by documents which were promulgated by State agencies and already came into effect The development and adoption of legal normative documents by State administrative agencies have been paid adequate attention to in the People’s Democratic Republic of Laos over the past years, many scientific works associated with the promulgation of administrative documents, legal normative documents by State administrative agencies have been published; law on the adoption of legal normative documents is continuously completed Legal normative documents are considered as an important tool to ensure the efficiency and effects in the management of State administration, contributing to the stability and development of socio-economic performances The official document of the 9th congress of the Lao People’s Revolutionary Party in 2011 states that: “The most significant factor to bring into full play democracy is the development and completion of legal system and to improve socialist legal system in every activity.” Under the context of the current enhanced renovation, the Resolution of th the National Congress of the Lao People’s Revolutionary Party’s (in 2011) on continuing the development and completion of the People’s Democratic Republic of Laos, with the focus on the reform of State administration, is considered as one of the fundamental standpoint to build and strengthen the State apparatus clean, strong, efficient and effective That is: “Increased socialist legal system, the development of State of law in the People’s Democratic Republic of Laos, and the State governs society in accordance with law and by law.” The Constitution of the People’s Democratic Republic of Laos in 2003 also states in Article 10 that: “The State governs society by law, ceaselessly strengthening socialist legal system” However, the social management and the adjustment of social relations by law in the People’s Democratic Republic of Laos still encounter numerous limitations This requires the Lao State to develop and complete a legal system synchronous, scientific and complete On the other hand, they must ensure the legal system is strictly abided by from the Central to local levels, and ensure the principles of the socialist legal in the spirit of completely respecting for the law The development and adoption of legal normative documents is an important work of State administrative agencies in the People’s Democratic Republic of Laos Together with the reform of State administration, the development and adoption of legal normative documents in general and by State administrative agencies in particular have made positive progresses, gradually enhancing the capacity of the development and adoption of State management documents and initially establishing a system of management documents meeting the requirements and duties of the State administration Nevertheless, the development and adoption of legal normative documents by State administrative agencies still exposes weaknesses and limitations that need to be addressed, particularly mode, standard progress for the adoption, document forms, adoption authority, and manners to punish, examine and handle illegal documents These weaknesses and limitations have decreased the efficiency and effects of the State administrative management This reality requires further study, renovation and improvement of the quality of legal normative documents in general and the development and adoption of State administrative agencies in particular In the People’s Democratic Republic of Laos, legal normative documents as well as the development and adoption of legal normative documents were not attached much importance to previously, thus, there are very few documents and official studies on this issue Only a few of guiding documents by authorized State administrative agencies partly or generally mention this issue, not presenting theoretical and practical issues necessary for this work of State administrative agencies Only until the Law on the Promulgation of Legal Normative Documents was introduced in 2012, was the theoretical and practical issues of the development and adoption of legal normative documents completed a step and more systematic However, the existence of the Law on the Promulgation of Legal Normative Documents does not mean that the development and adoption of legal normative documents by State administrative agencies in particular and by State agencies in general is completed This is only initial foundations for the gradual completion of legal normative documents and issues around this type of documents This can explain the reason why the development and adoption of legal normative documents by State administrative agencies remains, in fact, limited; concept, classification, authority and order to adopt documents are still inconsistent That is one of the basic causes to the fact that State administrative agencies promulgate documents incorrectly in regard to capacity, power, and event content, seriously affecting the efficiency and effectiveness of State management activity Therefore, the basic and systematic research of the development and adoption of legal normative documents by State administrative agencies is an urgent and long-term requirement for the People’s Democratic Republic of Laos Based on these theoretical and practical issues, the “Development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos” is of overriding importance and needs to be studied Purpose and task of the research: - Research purpose The study aims to clarify the theoretical and practical foundations of the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos, through which indicates results, limitations and causes of the development of legal normative documents by State administrative agencies in Laos in order to propose solutions to enhance the quality of the development and adoption of legal normative documents by these agencies - Tasks of the research To reach the research purpose mentioned above, the thesis performs basic duties as follows: + To research and apply theoretical achievements available to establish theoretical bases for the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos; + To summarise practical performance of the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos, from which drawing comments, and assessments to use as the ground for the proposal of directions and solutions to enhance the quality of the development and adoption of legal normative documents by these agencies; + To propose directions and solutions to increase the quality of the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos Research subject and scope: - Research subject The thesis concentrates on: + Theoretical basis of the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos; + Experience of some countries in the world in the development and adoption of legal normative documents by State administrative; + The reality of the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos; + Directions and solutions to increase the quality of development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos - Research scope + Space: The thesis focuses on development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos and Vietnam (the country with political regime similar to Laos) + Time: The thesis concentrates on the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos in the period from 2006 to 2012 Methodology and research methods - Methodology The thesis is studied on the ground of the Marxism – Leninism, and standpoints of the Lao People’s Revolutionary Party and the State of the People’s Democratic Republic of Laos on State and law, reform to complete State apparatus, State administrative reform, and legal system perfection The thesis applies the methodology of the Marxism-Leninism philosophy, and studies the topic in accordance with systematic, objective, comprehensive viewpoint, specific historical viewpoint, the relations between the general – the particular, the popular – the specific, cause – effect, and so on - Research methods Based on the methodology of the dialectical materialism and historical materialism, the author has selected specific research methods suitable with the each content of the thesis + The author employs systematic and analytical methods and gathers documents and published scientific works to assess the study related to the topic of the thesis + The author employs analytic, collective, deductive and inductive methods to study concept, characteristic, content, role, requirement and factors that ensure the development and adoption of legal normative documents by State administrative agencies The analytic, comparative, collective methods are used to study the development and adoption of legal normative documents by State administrative agencies in some countries and lessons of experience drawn for the case the People’s Democratic Republic of Laos + The author uses statistical, comparative, analytic methods to generalize documentation and data in order to evaluate the reality of the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos, indicating shortcomings and causes of these shortcomings of this practice + The author uses the systematic, analytic, collective methods to propose theoretical factual foundations for directions and solutions to increase the quality of the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos at present Scientific contribution of the thesis The thesis results in new findings as follows: - The thesis builds up theoretical foundations for the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos, including: characteristic, content, role and factors effective to this practice - The thesis generalizes the development and adoption of legal normative documents by State administrative agencies in some countries and draws lessons of experience for Laos - The thesis analyses, and evaluates the reality of the development and adoption of legal normative documents by State administrative agencies in Laos based on the results, limitations, and causes studied in the 2006-2012 period - The thesis defines orientations and proposes theoretical factual foundations for solutions to enhance the quality of the development and adoption of legal normative documents by State administrative agencies in Laos at present Theoretical and practical significance of the research - the development and adoption of legal normative documents by State administrative agencies targets the legal enforcement and brings law into life, which contributes to better performing functions and duties of the State administrative agencies, focusing on the exercise of authority power - Theoretically, the research result of the thesis helps clarify some theoretical issues on the development and adoption of legal normative documents by State administrative agencies, indicating the reality and causes that hinder the quality of the development and adoption of legal normative documents by State administrative agencies in Laos in the 2006-2012 period, based on which proposes solutions to enhance the quality of this practice in Laos at present - Practically, the thesis is a material of reference to the study, teaching and learning of the document-compiling subjects in universities of law and administration, and a material of reference for research agencies or practical activities in the People’s Democratic Republic of Laos The research conclusion Besides the introduction, the general overview of research, conclusion, list of references, the thesis is composed of four chapters, specifically: Chapter 1: General overview of the research related to the thesis and issues arising that need further study Chapter 2: Scientific basis for the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos Chapter 3: The reality of the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos Chapter 4: Directions and solutions to the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos currently Chapter I GENERAL OVERVIEW OF THE RESEARCH RELATED TO THE THESIS AND ISSUES RAISED THAT NEED FURTHER STUDY 1.1 General overview of studies related to topic of the thesis 1.1.1 Studies in the People’s Democratic Republic of Laos In the People’s Democratic Republic of Laos, theoretical studies on the development and adoption of legal normative documents, documents by State agencies in general, and by State administrative agencies in particular were not attached much importance to for a long period of time, thus, there are very few published studies in this field They include: Kham Phet Vong Đa La ( 2010), “Reform of legal normative documents on trade and related to ASEAN bloc”, Legal Journal No 4/2010; Chanh Pheeng Si Li Vanh ( 2011), “Completing organization and operation of the National Assembly on the examination of the adoption of laws and legal normative documents in the time being”; Legal Journal No 1/2011; Phou sa khone Meuang wong ( 2010): “Law on the examination and handling of legal normative documents in Laos and Vietnam, study from a comparative angle”, a PhD thesis in law, Ho Chi Minh City University of Law 1.1.2 Studies related to the thesis in Vietnam 1.1.2.1 Scientific works related to the statutory power of State administrative agencies The author studied a number of scientific works related to the statutory power in Vietnam, such as: the textbook “State administrative authority” (2011), Scientific and Technical Publishing House, used in the training programme for bachelor of administration; a PhD thesis in law (2011), “Statutory power of the Government”, by Nguyen Dinh Hoa, Law Faculty, Hanoi National University The scientific works mentioned above discuss a very important and fundamental authority of State administrative agencies, that is the statutory power to enforce law 1.1.2.2 Works related to legal normative documents, administrative documents There are numerous scientific works published in training institutes in Vietnam on administrative documents, legal normative documents by State administrative agencies, including: book “ Document and document work in State administrative agencies” ( 2013), by Assoc.Prof., Dr Van Tat Thu, the National Political Publishing House; PhD thesis “ Codification of law on the adoption of legal normative documents”, completed by Nguyen Thi Minh Ha at the Institute of State and Law in 2006; the research “ The process of adoption legal normative documents” ( 1998), of the project VIE 94/003; book “ Compiling and handling State administration documents”, by Nguyen Van Tham, the National Political Publishing House 2001; book “ The development and adoption of legal normative documents”, by Luu Kiem Thanh, Statistical Publishing House 2003, revised, amended and reprinted 2005; book “ Instructions for compiling statutory documents”, by Luu Kiem Thanh, Statistical Publishing House in 1998 ( reprinted in 2003); book “ The process of developing, adoption and examining legal normative documents” by Duong Bach Long, the National Political Publishing House 2007; book “ Compiling methods for administrative documents”, by Nguyen Minh Phuong, the National Politics - Truth Publishing House 2011; textbook “ Document development and adoption techniques”, National Academy of Public Administration, by lead author Dr Luu Kiem Thanh, Scientific and Technical Publishing House 2009; textbook “ Document compilation”, by lead author, Prof., Dr Nguyen Dang Dung, Hanoi National University Publishing House, 2007; a PhD thesis in Public Administration “Completion of the process of the adoption and enforcement of documents by provincial administrations” by Ha Quang Thanh, 2008, National Academy of Public Administration; book “ Common legal terms in legal normative documents” collected and selected by Nguyen Trung Nam, National Political Publishing House 2005; book “ Process, procedure in the performance of National Assembly” by Legislative Department, Vietnam National Assembly 2005; research “ The development of and investigation into decision adjusting the Law, ordinance development programme – theory and practice” by Vu Trong Hach, 2010; a conference summary record “Enhancing institutional capacity for Government’s Office”, Hanoi Judicial Publishing House, 2011; book “ Organization and operation of Ministries, Ministerial-level agencies, Governmental agencies”, by Van Tat Thu, the National Political Publishing House, 2011; book “ Transparency of administrative decisions”, Institute for Research on Policy, Law and Development, a member of Vietnam Union of Science and Technology Associations, 2012; article “ Viewpoints and criteria to evaluate the adoption of State administration documents”, by Do Duc Hong Quang, Journal of Science, Hanoi National, Legal studies No 25, 2009; article “ The adoption of State administration documents – some causes of shortcomings and remedies” by Pham Tuan Khai, Journal of State Management, No 24, 2008; article “ The development and adoption of documents by local authorities ensures citizen rights – status and solutions”, by Nguyen Thi Phuong, Journal of E-information, Ho Chi Minh City Institute for Development Studies, etc From many aspects, the scientific works mentioned above discuss content and the process of developing and adopting, examining… administrative documents, legal normative documents by State administrative agencies However, none of them focuses on the development and adoption of legal normative documents by State administrative agencies in Vietnam 1.1.3 Studies related to the thesis in other countries Book “The adoption of legal normative documents, plan and route of the Federal Republic of Germany”, by translators Nguyen Si Dai and Nguyen Kim Thoa, the National Political Publishing House, Hanoi, 2003 The book mentions information and perspectives on legal documents and their significance, role, compiling process to ensure every legal document be constitutional 1.2 Issues that the thesis needs further study 1.2.1 Theoretically - To distinguish legal normative documents from other administrative documents issued by State administrative agencies in order to define authorities, adjustment scope, form, and process of adopting legal normative documents by adjust social relations, mostly arising in the process of execution and management 2.3.2 Characteristic: To be creative; restricted within the scope of executive power; quickly affects the legitimate right and interests of individuals, organizations 2.3.3 Principles: To ensure the constitutionality, lawfulness; to abide by statutory authority, form, order and procedure; to ensure the openness and transparency; to ensure the feasibility; to ensure specific regulations 2.3.4 The process of developing and adopting legal normative documents by State administrative agencies - The process of developing and adopting legal normative documents by State administrative agencies must satisfy requirements as follows: to ensure the unification of principles of the State of law; to define the functions of developing and adopting legal normative documents of State administrative agencies with other functions; to specify the responsibility of those authorized in the development and adoption of legal normative documents; to be streamlined in conformity with specific characteristics of each State administrative body; to ensure the standardization and unification of current legal normative documents - The process of developing and adopting legal normative documents by State administrative agencies is performed through stages as follows: Stage 1: Initiative and drafting; Stage 2: Gathering opinions for the draft; Stage 3: Draft assessment; Stage 4: Consideration, approval; Stage 5: Announcement; Stage 6: Disseminate and keep as archives 2.4 Experience of developing and adopting legal normative documents by State administrative agencies in some countries and lessons drawn for the case of Laos 2.4.1 France 2.4.2 Germany 2.4.3 Vietnam’s experience 2.4.4 Lessons drawn for the People’s Democratic Republic of Laos 2.4.4.1 It is necessary to ensure some fundamental principles in the development and adoption of legal normative documents 2.4.4.2 It is imperative that the preparation of steps for the development and adoption of legal normative documents be really scientific 2.4.4.3 It is necessary to expand and bring into full play the participation of organizations, enterprises, and individuals into the process of developing and adopting legal normative documents 2.4.4.4 It is essential to continuously improve the quality of the drafts of legal normative documents 2.4.4.5 It is essential to accelerate scientific research related to the legal construction in general and the development and adoption of legal normative documents in particular CONCLUSION OF CHAPTER Chapter THE REALITY OF THE DEVELOPMENT AND ADOPTION OF LEGAL NORMATIVE DOCUMENTS BY STATE ADDMINISTRATIVE BODIES IN THE PEOPLE’S DEMOCRATIC REBPUBLIC OF LAOS 3.1 The reality of legal institutions for the development of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos In the past years, the People’s Democratic Republic of Laos has continuously established and issued legal normative documents, and completed institutions for the adoption of legal normative documents by State administrative agencies; first and foremost, Constitution, laws on State organization and especially the Law on Promulgation of Legal Normative Documents dated 2012 3.2 The reality of the development of legal normative documents by State administrative agencies 3.2.1 The reality of organizations charged with developing and adoption legal normative documents in State administrative agencies 3.2.1.1 Ministry of Justice The Ministry of Justice is tasked to help the Government outline programmes of establishing laws and ordinances on issues within the competence of the Government, to submit to the Government and Prime Minister bills, ordinances, and drafts of other legal normative documents related to the ministry’s State management areas; and bills and drafted legal normative documents as assigned by the Government and Prime Minister In addition, the ministry is directly involved in all phases of the developing and promulgating legal normative documents 3.2.2.2 Prime Minister’s Office The drafting and verifying legal normative documents at the Prime Minister’s Office is assigned for three units (departments) of the Prime Minister’s Office in accordance with content and quality of each type of legal normative documents According to general regulations, the Department of Legal Affairs of the Prime Minister’s Office is commissioned to draft and verify bills and ordinances through the participation into drafting committee Other departments of the Prime Minister’s Office can assign staff to join the editing team upon the request of the offices presiding over the work and to co-ordinate with the Department of Legal Affairs to verify bills, and ordinances with areas they are in charge of 3.2.2.3 Legal affairs organizations in Ministries and Ministerial-level bodies In order to perform duties related to the development and adoption of legal normative documents, Ministries and Ministerial-level bodies have strengthened personnel organization and enhance capability and performing efficiency of legal affairs agencies To now, 18 out of 21 Ministries and Ministerial-level bodies have established Department of Legal Affairs All of these legal affairs departments are operating in line with specific regulations issued by Ministries and Ministerial-level bodies, which clearly define their functions, duties, rights, working regime, and work relations with relevant offices and units Nevertheless, the capability of legal affairs departments of ministries and ministerial-level bodies remains inadequate with their duties, consequently, affecting the results of document drafting of ministries and ministerial-level agencies 3.2.2.4 Agencies directly involved in drafting legal normative documents Over the past time, agencies directly involved in drafting legal normative documents have been reinforced and consolidated to improve the effects of the development of legal normative documents However, the capacity of agencies directly involved in drafting legal normative documents remains limited and inadequate with the requirements for the construction of legal normative documents which is increasing in number and pressing in time during those days The responsibility of ministries and ministerial-level bodies in developing legal normative documents has not been given prominence to; the process of drafting and verifying documents remain non-synchronous, inconsistent, and restricted; spending for drafting and adopting legal normative documents is still faced with weaknesses; and expenditure allotted for the operation of legal affairs departments remains limited 3.2.2.5 State administrative agencies in localities Due to the work requirements, workforce and conditions of organization and personnel, many localities have incorporated other models to establish and strengthen the development and promulgation of legal normative documents in specialized agencies under mayors of provinces, cities and capital Accordingly, some specialized agencies establish their own department of legal affairs, others incorporated legal affairs with others like administrative – general affairs to establish department/sections under their management Some specialized agencies only assign certain staff to deal with their legal affairs, others allocate certain staff to deal with legal affairs beside other tasks 3.2.3 The real capacity of personnel involved in developing and promulgating legal normative documents 3.2.3.1 Capacity of Ministry of Justice’s personnel involved in developing and promulgating legal normative documents of the Ministry of Justice The professional qualification of the staff of the Ministry of Justice is mainly in law and politics, not in other disciplines There is no female staff The majority of staff are in the age group of 30 to 50 3.2.3.4 The real capacity of personnel involved in developing and promulgating legal normative documents at ministries and ministerial-level bodies The staff involved in works related to legal documents was mostly trained in law and other majors As compared to Ministry of Justice, Prime Minister’s Office, it is necessary that the personnel of ministries and ministerial-level bodies receive further training to improve their professionalism (post-graduate), and further training in State management, foreign language, and computer skills 3.2.3.5 Capacity of personnel involved in the development of legal normative documents in localities Regarding quantity, all specialized agencies under mayors of provinces, cities and capitals have allocated specific staff for the establishment and promulgation of legal normative documents, between one and seven On average, each agency has from one to three staff assigned to work in the development and promulgation of legal normative documents Regarding quality, most of legal affairs personnel in specialized agencies are university graduates in law or other majors Regarding professional ability, the ability of legal affairs staff in specialized agencies under majors of provinces, cities and capitals are initially trained and enhanced 3.2.3.6 General assessment of the capacity of personnel directly involved in the development of legal normative documents Advantages: Ministries and ministerial-level agencies have paid adequate attention to intensifying the personnel directly involved in the development of legal normative documents in terms of quantity and quality through further training The contingent of staff directly involved in the development of legal normative documents are trained with fundamental background knowledge, and possessed of firm political will, fair virtuous character, awareness about and responsibility towards their work, and basically well complete duties allotted Limitations: the number of staff directly involved in the development of legal normative documents in ministries and ministerial-level agencies remains insufficient The professional ability has been improved, but many bachelors of laws display limited specialized knowledge, and vice versa those with adequate specialized knowledge have not earned a Bachelor’s degree in laws, affecting the work efficiency The framework of the contingent directly involved in the development of legal normative documents remains inadequate with requirements of the duty, responsibility, and position The knowledge and ability to analyse policies, and to forecast the impacts of legal documents on socioeconomic life, and capacity to organise and implement work of some staff remain restricted 3.2.4 The reality of the process of developing and adopting legal normative documents 3.2.4.1 The reality of the process of adopting legal normative documents by the Government The Law on Promulgation of Legal Normative Documents has recently been enacted but lacks of specific and scientific regulations on the process of developing and adopting legal documents by the Government and Prime Minister 3.2.4.2 The reality of the process of adopting legal normative documents by ministers and heads of ministerial-level agencies There is a shortage of specific regulations on the process of making and adopting legal normative documents by ministers, and heads of ministerial-level bodies, limiting the quality of making and adopting legal normative documents by these bodies 3.2.4.3 The reality of the process of making and promulgating legal normative documents by local authorities Due to the lack of general regulations, the promulgation of legal normative documents in localities does not follow a consistent process, making the order and procedures of adopting legal normative documents different among localities, thus, restricting the quality of making and adopting legal documents 3.2.5 The reality of co-ordination mechanism, financial regime, and material facilities, and conditions for the making and adopting legal normative documents 3.2.5.1 In regard to duty performance and co-ordination mechanism among State administrative agencies in making and adopting legal normative documents Advantages: regulations on the process of making and adopting legal normative documents have been introduced to put the work in order Working mechanism, mode and manner of agencies directly involved in the making of legal normative documents have been innovated, and improved in the direction of increased responsibility and enhanced quality as planned Shortcomings: regulations on the process of making, verifying and adopting legal normative documents were introduced late and have revealed weaknesses and limitations after a short period of enforcement which need to be revised and supplemented to conform to the reality The co-ordination mechanism among agencies, units and individuals involved in the making of legal normative documents, and the contribution and receiving of suggestions to help complete drafts are still limited, weak and formal, affecting the progress and quality of legal normative documents promulgated 3.2.5.2 In regard to the management and usage of expenditure for making and adopting legal normative documents The State administrative agencies have paid due attention to and properly used the expenditure for making and adopting legal normative documents However, the mobilization of financial contributions for the making and adoption of legal normative documents remains challenging: the expenditure, in fact, falls short of actual requirements; regulations on the management and usage of expenditure after a certain period of time displays weaknesses, and difficulties that need to be amended and supplemented soon 3.2.5.3 In regard to material facilities, equipment and conditions necessary to the duty performance Working conditions and equipment for bodies involved in making and adopting legal normative documents have been improved Nevertheless, the investment into new informatics facilities to promote the application of information and technology in making and adopting legal normative documents remains restricted 3.3 Certain difficulties, limitations, and shortcomings in making and adopting legal normative documents by State administrative bodies in the People’s Democratic Republic of Laos 3.3.1 Difficulties, limitations and shortcomings The making and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos still encounters difficulties and shortcomings, such as: institutionally inadequate; difficulties still exist in the deployment of works related to making and adopting legal normative documents; organizations involved in making and adopting legal normative documents fail to satisfy work requirements; the quantity and quality of staff involved in making and adopting legal documents is still insufficient and weak; the co-ordination mechanism among related agencies remains unsatisfactory; there is a shortage of regulations on responsibility of management bodies towards the making and promulgation of legal normative documents; and there lacks mechanisms ensuring conditions for the deployment of works related to making and adopting legal normative documents 3.3.2 Causes Firstly, the awareness of the leadership in some ministries, sectors and localities about the position, role and importance of making and adopting legal normative documents remains limited, causing the deployment of works related to making and promulgating legal normative documents to fall short of practical requirements Secondly, being faced with requirements of the renewal, establishment and completion of legal system, judicial reform, administrative reform, State-owned enterprises equitisation, the transformation of organising and operating models of State-own enterprises Thirdly, documents adjusting works related to making and adopting legal normative documents fall short of practical requirements, and not closely follow the criterion to make laws for the State management The research on making policies and laws on the making and adopting of legal normative documents has not been paid adequate attention to Fourthly, the monitor, management, examination, and supervision of organization and operations of organizations involved in making and adopting legal normative documents has not been attached much importance to, without a system of criteria assessing the efficiency of deploying works related to making and adopting legal normative documents Fifthly, the organization of the system and staff involved in making and adopting legal normative documents remains rather limited Sixthly, financial sources for legal affairs in general and for the making and adopting of legal normative documents are not guaranteed completely CHAPTER CONCLUSION Chapter ORIENTATIONS AND SOLUTIONS TO MAKE AND ISSUE LEGAL NORMATIVE DOCUMENTS BY STATE ADMINISTRATIVE AGENCIES IN THE PEOPLE’S DEMOCRATIC REPUBLIC OF LAOS 4.1 Policies of the Lao People’s Revolutionary Party and the State of the People’s Democratic Republic of Laos on the completion of legal normative documents by State administrative agencies 4.1.1 Policies of the Lao People’s Revolutionary Party and the State of the People’s Democratic Republic of Laos on making and completing legal system To ensure the efficiency and effects of the works of making and adopting laws, including legal normative documents, by State administrative agencies, the Lao People’s Revolutionary Party has introduced numerous viewpoints and policies manifesting novel legal thoughts of building a legal system under the context of building a socialist state of laws These viewpoints and policies are written in documents of Party congress, and resolutions of the Party’s Central Committee…and have been concretised in legal normative documents Specifically: Firstly, legal normative documents institutionalise the Party’s paths and policies of the Party and represent people’s will; Secondly, developing legal normative documents accords with requirements for building a socialist state of laws of the people, by the people and for the people; Thirdly, the system of legal normative documents must exist and be feasible in the reality; Fourthly, the development of legal normative documents must aim to manage the whole society consistently 4.1.2 The development of legal normative documents by State administrative agencies satisfies requirements for administrative reform and administrative institution completion In order to realize administrative reform targets, it is necessary to continue completing administrative institution, mechanism and policies in conformity with the national development, first and foremost institutions in economics, organizations and performance of the administrative system Legal normative documents by administrative bodies in the People’s Democratic Republic of Laos are a component of the administrative institutions Hence, in order to complete the administrative institutions, it is essential to pay attention to the development and adoption of legal normative documents by State administrative agencies 4.2 Solutions to enhancing the quality of developing and adopting legal normative documents in the People’s Democratic Republic of Laos 4.2.1 Solutions to completing institutions in the development and adoption of legal normative documents Laws must supplement regulations on the examination and treatment of legal normative documents, such as: it is important to define typical signals of legal normative documents to use as foundations for exactly identifying subjects that need to be examined and dealt with It is necessary that concepts of legal normative documents are consistent to be used as a base to specify which types of documents are legal normative documents in order to facilitate agencies that adopt as well as examine and deal with legal normative documents to clearly identify the documents; it is essential to unify content of examinations in regard to the lawfulness and reasonableness of legal normative documents to ensure the consistence and comprehensiveness; it is important to complete regulations on the authority to examine and handle legal normative documents; it is necessary to complete regulations on procedures and order of examining and dealing with legal normative documents; to complete regulations on the handling of legal normative documents and to require violators to bear legal responsibility for illegally handling, adopting and acting as a counsellor for the adoption of legal normative documents Developing regulations on assessing the quality of drafted legal normative documents in regard to: build a system of criteria assessing the quality of a drafted legal normative document, criteria assessing the quality of documents appraised; assessing the necessity to adopt documents; assessing adjustment objects and scope of documents; assessing the suitability of the content of documents with the Party’s paths and policies; assessing the constitutionality and lawfulness of documents and the unity of documents in accordance with legal system and the compatibility with related international treaties that the country is a signatory; assessing the feasibility of documents; assessing language and document compiling techniques 4.2.2 Solutions to consolidating organizations involved in the development and adoption of legal normative documents in State administrative agencies It is significant to consolidate organizations involved in the development and adoption of legal normative documents in State administrative, specifically: to consolidate bodies directly involved in the development of legal normative documents; to establish a Advisory Council to assist the Government, Prime Minister, ministers, heads of ministerial-level agencies in the development of legal normative documents It is necessary to set up a model of advisory council on the development of legal normative documents to help State administrative agencies, especially those in the Central, to effectively develop drafts of legal normative documents These councils must ensure the representation of: Ministry of Justice; Prime Minister’s Office; managers, scientists, practical activists, and leading experts in all fields 4.2.3 Solutions to enhancing the capacity of staff involved in the development of legal normative documents in State administrative agencies It is important to build up a contingent of personnel directly involved in the development of legal normative documents, sufficient in number and competent in qualification, capable, modern, and professional to satisfy requirements of the development of legal normative documents Specifically: the number of staff directly involved in the development of legal normative documents must be sufficient and meet the requirements of tasks assigned, and suitable with the practical circumstances of the organisations; those involved in the development of legal normative documents in State administrative agencies must be capable, and of professional qualification satisfying requirements for the development and completion of laws in the framework of administrative reform, and development of a socialist state of law 4.2.4 Solutions to completing techniques of developing and adopting legal normative documents by State administrative agencies It is necessary to soon complete the process of developing and adopting legal normative documents by State administrative agencies in both Central and localities 4.2.5 Solutions to mobilizing the participation of experts, scientists, practical activists, objects that directly under the influence of legal documents, and people into the development and adoption of legal normative documents Mobilising and drawing the participation of experts, scientists, practical activists, objects that directly under the influence of legal documents, and people into the development and adoption of legal normative documents must closely follow principles: openness; the rights to freely expressing opinions, rights to protecting scientific viewpoints; the people should be encouraged to participate from the development of documents; diversified participation modes; the State’s assure to facilitate people participation; the people’s rights to supervising the process of developing and adopting legal normative documents; the usage of mass media, especially the Internet, to increase the participation of people Based on the experience of some countries, it is possible to adopt some measures to draw the participation as follows: Firstly, to encourage the active participation of people, an open model should be adopted, which is based on the principle of the people’s rights to be informed about drafted legal normative documents; Secondly, to attract the participation of scientists and practical activists, besides traditional modes, some models can be adopted based on theoretical and practical study results, such as: some suggestions put forth can be employed in the framework of provisions of the current laws on the process and procedures of developing and adopting legal normative documents without prompt changes; some suggestions are transitory, which means they can be experimented as bases for the completion of legal regulations on the procedures of developing and adopting legal normative documents; the delimitation among scientists, practical activists and experts should be relative 4.2.6 The completion of legal regulations on management mechanism, financial regime and material facilities, and conditions for the development and adoption of legal normative documents The completion of legal regulations on management mechanism and financial regime for the development and adoption of legal normative documents aim to establish a mechanism to mobilize financial sources to better equip material facilities and equipment for agencies and personnel involved in the development and adoption of legal normative documents Apart from regulations on the change and supplementation of financial regime, it is necessary to improve the conditions of other material facilities and equipment in order to ensure the quality of the development and adoption of legal normative documents, specifically: establishing and developing a database of legal normative documents for the development of legal normative documents; ensuring the finance for the development of legal normative documents as defined; gradually modernizing material facilities and equipment of agencies and personnel directly involved in the development of legal normative documents It is necessary to develop legal regulations to facilitate the close coordination in providing favourable conditions for agencies and personnel that directly exercise duties, renovate and standardize processes of developing, adopting and enhancing the quality of legal normative documents in order to put the development of legal normative documents in order CHAPTER CONCLUSION CONCLUSION The development and adoption of legal normative documents is one of the significant practices of State administrative agencies in their operating process Apart from contributing to developing and completing the legal system synchronous, uniform, feasible, public, and transparent, this work also helps with bringing into full play the role and efficiency of laws, ensuring effective social management, political stability, economic development, and increased integration into the region and the world Nevertheless, due to various reasons, the development and adoption of legal normative documents by the State administrative agencies still encounters with numerous weaknesses Through the research “The development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos”, the thesis has achieved some fundamental findings as follows: - To systematise fundamental theoretical bases on the development and adoption of legal normative documents Specifically, the thesis has mentioned some issues on the development and adoption of legal normative documents by State administrative agencies, including concept, role, and function of legal normative documents in the general legal system The thesis also specifies the authority to develop and adopt legal normative documents (statutory power) of State administrative agencies through defining position of the executive authority interrelation of State power with legislative power and judicial power Of note, the thesis analyses criteria to assess the development and adoption of legal normative documents by State administrative agencies in Laos currently - To analyse and assess the reality of the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos Besides certain achievements, the thesis points out limitations and shortcomings in the development and adoption of legal normative documents by Stae administrative bodies, indicating causes to these weaknesses - To study the theoretical as well as practical experience in the development and adoption of legal normative documents in countries with high legislative and statutory standards like France and Germany Particularly, the thesis thoroughly studies the development and adoption of legal normative documents in Viet Nam, the country that bears numerous resemblances to the People’s Democratic Republic of Laos in terms of political, economic, State and social institutions Based on the experience, the author draws lessons for the development and adoption of legal normative documents by Stae administrative bodies in Laos - Based on policies and directions of the Party and State of the People’s Democratic Republic of Laos on legal development, including the development and adoption of legal normative documents, together with the research of theoretical and practical system of this work, the thesis introduces a system of six solutions to complete the development and adoption of legal normative documents by Stae administrative bodies in the People’s Democratic Republic of Laos in the future During the research process, the author gathered and used some documents, and data by domestic and foreign scientists, managers and experts besides opinion exchange and interviews to clarify research standpoints on the the development and adoption of legal normative documents SCIENTIFIC RESEARCHES RELATED TO THE THESIS THAT HAVE BEEN PUBLISHED ON JOURNALS Somnith SY LI BOUN LIENG The completion of system of legal normative documents of the People’s Democratic Republic of Laos, Journal of State Management, No 189, October 2011 Somnith SY LI BOUN LIENG The process of developing and adopting legal normative documents of the People’s Democratic Republic of Laos, Journal of State Management, No 209, June 2013 Somnith SY LI BOUN LIENG Developing the People’s Democratic Republic of Laos into a real State of law of the people, by the people and for the people Journal of Democracy and Law, July issue (256), 2013 Somnith SY LI BOUN LIENG The completion of institutions for the development and adoption of legal normative documents by administrative bodies in the People’s Democratic Republic of Laos, Journal of State Organization, issue No , 2013 ... administrative agencies in the People’s Democratic Republic of Laos Chapter 3: The reality of the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic. .. documentation and data in order to evaluate the reality of the development and adoption of legal normative documents by State administrative agencies in the People’s Democratic Republic of Laos, indicating... on the development and adoption of legal normative documents by State administrative agencies, indicating the reality and causes that hinder the quality of the development and adoption of legal