HO CHI MINH NATIONAL ACADEMY OF POLITICS DO VAN DUONG IMPLEMENTATION OF LAW ON DEMOCRACY IN COMMUNES, WARDS, TOWNS OF THE CENTRAL HIGHLANDS Specialisation : Theory and History of State and Law Code : 62 38 01 01 SUMMARY OF PHILOSOPHY OF LAW DOCTOR’S THESIS HA NOI - 2014 The work was completed at Ho Chi Minh National Academy of Politics Thesis supervisor: Ass Prof. Dr. Trinh Duc Thao Reviewer 1: Reviewer 2: Reviewer 3: . The thesis will be defended before the Board of Ho Chi Minh National Academy of Politics At…: On May 2014 The thesis can be found for study at the National Library and the Library of Ho Chi Minh National Academy of Politics INTRODUCTION 1. Rationales Central Highlands is an important area in terms of socioeconomic and strategic status, defense, security and ecological environment. After many years of legal implementation of democracy in communes, wards and towns, it has achieved initial comprehensive success but is also facing difficulties and challenges due to the negative impact of market mechanisms, international economic integration, the limitations and weaknesses in the leadership and management of a number of Party committees and local governments. A number of party members and civil servants are still not fully aware of democracy law. The violation and hindrance of democracy law implementation has occurred. In some communes, especially ones in remote and ethnic minority areas, the implementation has not been carried out consistently and regularly, failing to meet the requirements of new tasks. In some cases, civil servants have also overlooked or avoided dealing with the concerns of people due to lack of accountability. The policy “people know, people discuss, people do” has not been supervised and implemented specifically such as land clearance and compensation, budget revenues, land planning, movement to build new rural areas, the implementation of programs 134, 135, etc., which led to the loss of people's trust in government and the leadership of the Party. On the other hand, the Central Highlands have specific characteristics on population, ethnicity and a part of the population has low educational level so citizen obligations have not been done properly. Some even have abused democracy to serve group interests without considering community and national interests, cooperating with reactionary Fulro organization inside the country and overseas to cause many obstacles during the process of democracy law implementation. In addition, some provisions of the democracy law for mountainous areas are not suited to practice and have low level of feasibility, which has affected the effective implementation of the law on democracy in communes, wards and towns. Therefore, the comprehensive research of democracy law implementation in communes, wards and towns of the Central Highlands is of practical significance and urgency at present situation. With these reasons, I would like to choose the theme “Implementation of the law on democracy in communes, wards and towns of the Central Highlands” for my Doctoral thesis specialized in Theory and History of State and Law. 2. The purpose and tasks of research 2.1. Purpose of research The purpose of the thesis is on the basis of theoretical research and practical implementation of the law on democracy in communes, wards and towns of the Central Highlands, suggesting solutions to ensure implementation of the democracy law in communes, wards and towns in the Central Highlands. 2.1. Tasks of research To accomplish this purpose, the research focuses on the following tasks: - Provide an overview of domestic and international research relating to the thesis, assess the value of such works and issues for further clarification. - Analysis of the legal concept of democracy in communes, wards and towns; concepts, characteristics, implementation of the law form of democracy in communes, wards and towns; role and the conditions ensuring the implementation of the law on democracy in communes, wards and towns. Refer experience in implementing democracy law in northwestern provinces that can be applied for the Central Highland provinces. - Generalizing the civil law in communes, wards and towns of Vietnam from 1945 to present, at the same time assessing the state of the law on democracy in communes, wards and towns and pointing out the strengths and its limitations; analyzing specific factors that have impact on implementation of democracy law; survey and assess the true state of implementation of democracy law in communes, wards and towns in the provinces of the Central Highlands; draw lessons learned from implementing the law on democratic communes, wards and towns in the Central Highlands, advantages, limitations. - Analysis, viewpoints on proposed solutions to common systems and solutions specifically aimed at ensuring the implementation of the law on democracy in communes, wards and towns in the Central Highlands provinces. 3. Subjects and scope of the thesis 3.1 . Subjects of the thesis The thesis studies in depth theoretical basis and practical issues on implementation of democracy law in communes, wards and towns in the Central Highlands provinces from the perspective of Theory and History of State and Law. Based on the purpose of research, thesis focuses on grassroots party organizations, governments , Fatherland Front and mass organizations at communes, wards, and towns; civil servants and people directly involved in the implementation of the law on democracy in communes, wards and towns . 3.2 . Scope of the thesis For the purpose of in-depth study, the research mainly focuses on assessing the situation and justifying the role and the method to deploy and implement democracy law in communes, villages and hamlets of five Central Highland provinces, including Dak Lak, Dak Nong, Gia Lai, Kon Tum and Lam Dong from 1998 to present. (after the Politburo term VIII issued Directive No. 30-CT/TW dated 02/18/1998 with the focus from 2007 to present, ie when implementing Ordinance No. 34/2007/PL-UBTVQH11 to implement democracy in communes, wards and towns). 4. Rationale and methods of the research - The thesis is based on the basic principles of Marxism - Leninism and Ho Chi Minh’s views, guidelines and policies of the Party and State on State and law in general, democracy law in communes, wards and towns in particular, and reference works related to the subject which have been published. - The research is based on the methodology of Marxism - Leninism; using the methods of scientific research and interdisciplinary approach such as system methods, logic method, historical methods, analytical methods - aggregate, statistical methods - comparison and methods of sociological investigation. These methods are used to clarify the basic content of the thesis, ensure scientific and logical characteristics in solving problems in the chapters of the thesis. 5. New contributions of the thesis The dissertation is the first work, relatively systematic and comprehensive on democracy law in communes, wards and towns of the Central Highlands provinces with some new scientific contributions as follows: - Develop concepts of democratic law, implementation of the law on democracy in communes, wards and towns presented throughout the thesis; point out some characteristics, implementation forms of civil law in all communes, wards and towns; the role, conditions ensuring the implementation of the law on democracy in communes, wards and towns. - The thesis analyzes and indicates specific factors on natural conditions, economic, social and cultural impact the process of implementing the law on democracy in communes, wards and towns in the Central highlands provinces. Analysis of the results, limitations of the current status of the democracy law in communes, wards and towns in the Central Highlands; the cause of the advantages and limitations of this reality; 6 lessons from the implementation of the democracy law in communes, wards and towns in the Central Highlands provinces in recent years . - Viewpoints and proposed solutions including general solutions and solutions specific group to ensure implementation of democracy law in communes, wards and towns of Central Highlands provinces. 6. Theoretical and practical meaning of the thesis - In terms of theory The results of the thesis contributes to addressing some theoretical issues currently set for implementation activities in self-determination of the people at the grassroots level, including theoretical issues on implementation of democracy law in communes, wards and towns in the Central Highlands provinces. - In terms of practical meaning The thesis can be used as reference for Party committees, local governments, Front and mass organizations in the Central Highlands provinces to have a basis for planning and directing in comply with democracy law in communes, wards, and towns in the Central Highlands provinces. The thesis will be valuable reference for research and teaching in the Center for Politics and Political fostering of districts in the Central Highlands provinces. 7. Structure of the thesis Besides the introduction, conclusion, list of researchers, the list of references and appendices, the thesis includes 4 chapters, 12. Chapter 1 OVERVIEW OF RESEARCH SITUATION IN RELATION WITH THE SUBJECT 1.1. The research situation in Vietnam Research issues of democracy, democratic law, implementation of democracy law in communes, wards and towns consist of 2 groups: first, research related to democratic and legal law of democracy in communes, wards and towns; second, research related to the implementation of the law and implementing legislation on democracy in communes, wards and towns. 1.2. The situation for international research Research issues of democracy and democratic legislation, implementing legislation has been studied in details. Besides scientists also have projects related to democracy and democratic law on the basis of overseas research including the following two groups: first, the study involved democracy and law on the basis of democracy; second, the research work related to the implementation of the law in general and the implementation of law on the basis of democracy. 1.3. The issues need further study In terms of theory, the research needs to clarify - The concept of democracy in communes, wards and towns, the law of democracy in communes, wards and towns - the conceptual tools to study law concept of democracy implementation in communes, wards and towns. Besides, legal concept of democracy in communes , wards and towns and the content needs to be added to adjust the law on democracy in communes, wards and towns that are not included and should also be further studied and improved. - The concept of implementation of democracy law in communes, wards and towns, the basics to analyze and clarify the content of the actual reasoning of the law on democracy in communes, wards and towns - Rationale of the implementation of the law of democracy in communes, wards and towns, including the characteristics and forms, the factors affecting the role, the conditions to ensure the implementation of civil law in communes, wards and towns ; experience in implementation of democracy in communes, wards and towns of the province with some reference value for the Central Highlands. Regarding practical meaning, the thesis should clarify - Study, assess the process of formation, development, the current status of the democratic law in communes, wards and towns in Vietnam . - Research and analysis to clarify the specific factors affecting the implementation of the law on democracy in communes, wards and towns in the Central Highlands provinces. - Analyze, assess the status of implementation of the law of democracy in communes, wards and towns in the provinces of the Central Highlands in the forms of law implementation, specify the shortcomings, limitations and thereby determine the cause of the current situation, lessons learned in implementing the law on democracy in communes, wards and towns in the provinces of the Central Highlands. From the analysis of theoretical basis and practical implementation of the law of democracy in communes, wards and towns in the provinces of the Central Highlands. The thesis develops arguments and specific solutions to ensure the implementation of the law of democracy in communes, wards and towns in five provinces of the Central Highlands. Conclusion Chapter 1 The results of the first study show that there have been many research works published inside and outside the country, involving the following basic groups of problems: - The research related to performance issues and legislation on democratic democracy in communes, wards and townships: the works in this group refers to a number of theoretical issues and practical implementation of democracy in society; content, implementation mechanisms, implementing some forms of direct democracy; refers to a number of theoretical issues of law democracy in communes, wards and towns. At the same time at different levels of reality works mentioned are the laws of democracy in communes, wards and towns; on that basis, point out the limitations and weaknesses of the law and propose measures to improve the law of democracy in communes, wards and towns. - The research related to the implementation of the law and implementing legislation on democracy in communes, wards and towns: these works are mainly studied in terms of implementation of the law and implementing legislation on democracy in communes, wards and towns; the success, limitations and problems set forth in the construction and implementation of the law on the basis of democracy in general and localities in particular. - The works of international and Vietnamese authors study the implementation issues of democracy, democratic law, implementing the law on the basis of democracy, having reference value for Vietnam. Chapter 2 RATIONALE FOR IMPLEMENTING LEGISLATION ON DEMOCRACY IN COMMUNES, WARDS AND TOWNS 2.1. Concept, regulation content of democracy law in communes, wards and towns 2.1.1. The concept of democracy in communes, wards and towns Democracy in communes, wards and towns is the form that people exercise their right conducted from the commune to village and group level, following the policy: people know, people discuss, people do and people check and benefit in terms of economy, politics, culture for people at the grassroots level in certain forms in accordance with the principles and rules of law. 2.1.2 . Legal concept of democracy in communes, wards and towns Law of democracy in communes, wards and towns is synthesized in the legal system of legal documents by state agencies issued under the authority or coordination with other organizations to adjust social relations, contributing to ensuring democracy, socio-economic development and social stability and order. 2.1.3 . Content governed by the laws of democracy in communes, wards and towns Law on the exercise of democracy in communes, wards and towns includes provisions on the implementation of laws principles of democracy in communes, wards and towns; regulations implementing the law on the rights of democracy in communes, wards and towns; regulations on prohibited behavior and sanctions for violations of the law of democracy in communes, wards and towns. 2.2. Concepts, characteristics, implementation of democracy law in communes, wards and towns 2.2.1. The concept of implementing legislation on democracy in communes, wards and towns Implementation of the law on democracy in communes, wards and towns aims to make the provisions of the law on democracy in communes, wards and towns into actual behavior, expanding and promoting the rights of people, contributing to building a law-governed socialist State. 2.2.2. Characteristics of the implementation of the law on democracy in communes, wards and towns 2.2.2.1. Implementation of the law on democracy in communes, wards and towns conducted by multiple law subjects Implementation of the law on democracy in communes, wards and towns is the legal provisions in many different fields, the responsibility of many people. To make the democracy law effective in communes, wards and towns, legal entities must be incorporated. 2.2.2.2. Implementation of the law on democracy in communes, wards and towns is regularly active, constantly taking place in communes; villages and hamlets and groups Implementation of the law on democracy in communes, wards and towns first is still the principle "all state power belongs to the people" but placed in broader context, namely communes, villages, groups - the residence and activities of the great majority of the strata. This is where people can feel the reality of their ownership at the commune level, which is not the district, provincial and central government. 2.2.2.3. Implementation of the law on democracy in commune, wards and towns have implemented content on all areas of social life Implementation of the law on democracy in communes, wards and town has extensive content, including content on all areas of social life, directly related to the rights and interests of citizens to ensure the law is implemented well in communes, villages and groups. Democratic law also stipulates the construction of rules or social conventions, community, contributed to security and order where villages and hamlets, groups and ensuring the peaceful life of people. 2.2.3. Legal forms to implement democracy in communes, wards and towns Legal compliance in implementing the law on democracy in communes, wards and towns is implementing legal form, in which the legal entity itself is not done to curb the behavior, measures activities of democracy law in communes, wards and towns which are prohibited, not allowed being implemented. "Prohibition" in the legal exercise of democracy in communes is primarily defined in Ordinance Implementing democracy in communes, wards and towns, the Law on Complaints and Denunciation Law, the Law on Ombudsman, Law anti-Corruption, Criminal Law Second, the observance of the law of democracy in communes, wards and towns