Liên hiệp các Hội KH&KT Việt Nam (VUSTA)

Trung tâm Nghiên cứu phát triển hỗ trợ cộng đồng

The World Bank

in Vietnam

Ngân h�ng thế giới

tại Việt Nam

UBTƯ Mặt trận Tổ quốc Việt Nam (VFF)

Trung tâm công tác lý luận

(CTW)

Vietnam Development Report 2010-Modern Institutions

CONSOLIDATED REPORT ON 3 REGIONAL SEMINARS

(Hue city, Ho Chi Minh city and Hai Phong city)

CONTENTS

I. Overall assessment I.1. Backgrounds I.2. Successes I.3. Difficulties and recommendations II. Summary of comments/discussions by chapter II.1. Chapter 2: Central Government II.2. Chapter 3: Local Governance II.3. Chapter 4: Administrative and Direct Services II.4. Chapter 5: Legal and judicial system II.5. Chapter 6: Oversight

Hanoi, February 2010

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I. OVERALL ASSESSMENT

I.1. BACKGROUNDS

The Vietnam Development Report 2010-Modern Institutions (VDR 2010) prepared in partnership by the Asian Development Bank (ADB), Australia (AusAID), Canada (CIDA), Denmark, European Commission, Finland, Japan (JICA), Spain (AECID), Sweden, Switzerland (Swiss Development Cooperation), United Kingdom (DFID), United Nations, United States of America (USAID) and the World Bank, has been issued in Hanoi, 2009.

The Report focuses on long term challenges of the Vietnam’s institution reform process that are reflected in two aspects: (i) Devolution; and (ii) Accountability. These aspects belong the modern institutions that are the essence of Vietnam’s experience in the past two decades.

Contents of the Report have been presented in the following main chapters: The State and Institutional Reform; Central Government; Local Governance; Governance of Administrative and Direct Services; Legal and Judicial Systems; Oversight; Themes and Lessons for Governance Reform.

With the purpose of disseminating and discussing the contents and findings of VDR 2010 to large audience, the World bank (WB) in Vietnam, with the cooperation of the Centre for Theory Work, Viet Nam Fatherland Front (VFF); Centre for Community Support Development Studies (CECODES), Vietnam Union of Technology and Science Associations (VUSTA); and the provincial VFF Committees co-organised three regional seminars on “Vietnam Development Report 2010-Modern Institutions“ in three regions of the Country: (i) in the South; Ho Chi Minh City on 20, 2010; (ii) in Central and High land: Hue city on Jan. 19, 2010; and (ii) in the North: Hai Phong city on Jan. 29, 2010.

The seminars aim to: (i) Have an introduction and dissemination of the key contents as well as the main findings of the VDR; (ii) Have a discussion on the contents of the VDR, including the presentation of three (for each seminar) prepared written papers; (iii) Disseminate the books “Vietnam Development Report 2010-Modern institutions” for participants.

Each seminar was attended by 50 -60, whose participants, apart from representatives of the WB in Vietnam, DFID in Hanoi, organisers, were (i) in the host province: leadership representatives of Party, People Committee (PC), and key departments; leadership of provincial VFF and its membership; research-education institutions; provincial media; (ii) from 9 provinces in the region: leadership of provincial VFF; Chief of provincial PC Office or Director of provincial Department of Home Affaires (DoHA).

With the purpose of presenting and discussing the contents and findings of VDR 2010, the seminar agendas were similarly structured with major focus put on: (i) Presenting the key contents of the VDR 2010 (James Anderson, Senior specialist on governance, the WB in Vietnam); (ii) Presenting the comments (contributions) of three speakers on proposed chapters; (ii) Discussions- Questions/Answers; Conclusions of the seminar. The seminars have been chaired by: The senior specialist on governance, the WB in Vietnam; Director of Centre for Theory Work, VFF;

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Director of CECODES; and President of the provincial VFF of Leadership of provincial PC.

I.2. Successes

1. Urgency of seminar topics for the context of the country and provinces

According to a summary of comments from seminar participants, all three workshops were highly successful, mainly because the topic of the seminars is of high relevance and urgency in Vietnam, not only at the national but also at local levels.

In the opening address, Mr. Nguyen Van Cao, standing member of Provincial Party Committee and Vice Chairman of Thua Thien Hue provincial People’s Committee confirmed: “We are highly appreciated the initiatives of the WB in Vietnam in cooperation with the partners in Hanoi and the provincial VFF to organise this seminar with the topics “Vietnam Development Report 2010-Modern institutions” and we are proud to host this seminar. We hope that the comments, recommendations of the seminar will be useful inputs for the assessment of the Overall Public Administration Reform (PAR) in period 2001-2010 and the development of the key directions for the period 2011-2020 of the provinces in Central part of Vietnam, including Thua Thien Hue.

In the welcome speech at the seminar in the North region, Mr. Hoang Van Ke, Vice Chairman of Hai Phong city People’s Committee stated: “During last years, in Hai Phong devolution has been organized and implemented. Hai Phong leadership highly estimated the urgency of seminar topics of the VDR 2010, and we are proud to host this seminar.

Mr. Phan Hoa, Vice president of Thua Thien Hue province VFF in his comments said “Vietnam Development Report 2010- Modern Institutions” is a precious document, complied meticulously, helping us to understand important role of current institutions in the national development process.

Mr. Do Nam, Vice president of Thua thien Hue VUSTA, at the Hue city seminar has remarked: The seminar gave participants the opportunity to read this report –a document that is not easy to reach by other local people. It is unarguable to say immediately that the “Vietnam Development Report 2010 – Modern Institutions” is a valuable information source for many people not only the manager, official, scientist but also the normal people. Not many people have chance to own this valuable document.

In HCM city seminar, Mr. Pham Duy Nghia, lecturer in Law faculty of HCM city of Economics has expressed: “I am of the opinion that the report was very successful with the role as a prepatory material for discussions between the donors and the Vietnamese competent agencies, especially with the governments, the people-elected bodies, the socio-political organizations. The VDR also is considerably valuable for the teaching and studying work”

Mrs. Pham Chi Lan, a senior independent researcher, in Hai Phong city seminar said “Vietnam Development Report 2010 with its topic of “modern institutions” is raised out at the right time. The year of 2010 will mark a new development stage of Vietnam when it leaves the poor list and prepares itself the development strategy for 10 years of 2011 – 2020. This is the stage to decide whether Vietnam continues to successfully

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become a fairly middle income country or falls into “the trap of middle income country” like other Asia developing countries”.

2. Participation of key stakeholders in provinces

Thanks to high urgency of the topic, careful preparation and effective coordination between the organising partners, the seminars attracted participation of a good number of senior officials of provincial government agencies who play key role in their local governance.

Each seminar was attended Party and government leadership representatives of host provinces that gave welcome speeches or chaired the seminars (Mr. Nguyen Van Cao, standing member of Provincial Party Committee and Vice Chairman of Thua Thien Hue provincial People’s Committee; Mr. Hoang Van Ke, Vice Chairman of Hai Phong city People’s Committee; Mr. Phan Ba, Chief of Anti-Corruption Steering Committee Office located in HCM city)

3. Frank discussions with high sense of responsibility

The exchanges in the three seminars were open, frank and with high sense of responsibility. Some examples follow:

- Such definitions as “devolution and power handover” and “accountability responsibility” are the most important definitions in this report, but it is brand new in Vietnam. It should therefore need more careful explanation or need textual English so that the readers have source to find its etymology. It should be better to choose a familiar and more understandable word with the Vietnamese. The book is beautifully printed but it carries some technical errors that should not be. However, the feeling to read this report and to have it in hand is wonderful1.

- During last years, the legal system in Vietnam has been clearly advanced and quite sufficient to manage the social relationships, it is basically suitable for the social economic development needs in the new stage. However, there is lots of work to do for a stable legal system, ensuring the inner consistence, high quality, really a “soft infrastructure” with efficient institutions. We have seen that the report merely focused on the unclear parts of the picture thus its evaluation is not really subjective and lack of generalness of the Vietnamese legal and judicial system. The report has only contributed some sketchy dots and outlined basic lines of the Vietnamese legal and judicial system2.

- Regarding the analysis and evaluation of current situation, it should separate and deepen the reasons of the weakness of the devolution and power handover system and accountability responsibility in the provision of public administrative service as well as direct services in Vietnam today3.

- On Legal awareness, I agree with the authors that for more than 10 recent years, the national legal aid agency of Vietnam has played a great role in enhanced legal knowledge by the citizenry. But differing from the authors, I think that legal awareness is also important but less important than confidence in laws and justice. In terms of this extent, the national legal aid agency of Vietnam has just dessiminated, propagated and intepreted well the legal documents, but seemingly lacked many

1 Đỗ Nam, Seminar in Hue city, 19/1/2010 2 Ngô Minh Tuấn, Seminar in Hai Phong city, 29/1/2010 3 Nguyễn Huy Hoàng, Hội thảo tại TP. Hồ Chí Minh, 20/1/2020

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toolkits to help the people whose positions are lower than that of the public powerful bodies seek the justice4.

- May I have a question: Among many issues raised in the VDR 2010, but which problem/issue is the most important one and has the strongest impact on the development process of Vietnam in the next period5?

- In the chapter “Governance at the local level” the Report has new approach, namely accountability of the authorities at all levels. Nevertheless, regarding accountability of the commune authorities, the report only leans on the survey data taken from the poor communes under the program 135 so these communes are unable to represent nearly 11,000 communes and wards with different socio-economic development levels in the country6.

I.3. Difficulties and recommendations

1. Difficulties

- Due to seminars preparing time was limited, the summary of the Report has not been sent to participants. This has also partly reduced successes of the seminar discussions

- Due to the seminars budget was limited the number of participants as well as the number of provinces (out of the host province) is small. This has reduced the opportunities for disseminating and discussing the contents/findings of VDR 2010 to large audience in the country

2. Recommendations

- It is encouraged to organise the regional (multi-provincial) in the country seminars to disseminate and discuss the reports made by international agencies (ie. WB).

- Many issues raised by this report can be further analyzed, studied in a wider scope to become an independent topic. Such issues are (i) Information accessing and sharing, (ii) Information technology application and building the e-Government – a solution for administrative reform and (iii) Regulatory impact assessment (RIA)7.

- Regarding the “Administrative and Direct Service” It is needed to have researches that can be widely applied for some other provinces, cities that are representative for the regions like Northern Central, Southern Central and Highland.

- It is necessary to find effective and feasible solutions to promote role of oversight and social response of Civil Society Organizations, especially the Fatherland Front and its member organizations. It is needed to organize training courses to improve professional qualifications for people who implement task of oversight, especially members of People’s Inspection Board, and Community investment supervision boards8. It should carry deeper research on the political, legal and social backgrounds of the oversight system in Vietnam; the need for the deep research on the organization

4 Phạm Duy Nghĩa, Seminar in HCM city, 20/1/2020 5 Discussion in the seminar in Huế city, 19/1/2010 6 Diệp Văn Sơn, Seminar in HCM city, 20/1/2010 7 Đỗ Nam, Seminar in Hue city, 19/1/2010 8 Phan Hoà, Seminar in Hue city, 19/1/2010

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of civil society in Vietnam. This research carries practical prospects to have such organization functioning the oversight role effectively9.

- There are some hotter issues in Vietnam that are needed to study in next time that is the management of public asset and the national resources. From the time of devolution and empower for localities and other units, the management of these resources becomes dispersed, loose and poorer effective. It is in urgent need to adjust the devolution and empower to promote the transparency and accountability for all-level’s state agencies and public servants. Taking the market-based comparative principle as the main background in allocating resources10.

II. SUMMARY OF COMMENTS/DISCUSSIONS BY CHAPTER

II.1. Chapter 2: Central Government11

1. The governmental agencies have still held too much work

The Report has mentioned the most important body in the state apparatus in any nation. It is more important in Vietnam as the central state of Vietnam has larger scale and undertakes more responsibilities than that of other nations. The chapter 2 focuses on “study about the impact of the devolution and empower system on the central state apparatus and the method that the central state apparatus adjusts and changes to match”.

The reality of Vietnam shows that although there has been the clear changes in the reduction of the clue agencies under the government (ministries, ministry-equal agencies etc), the changes of the function and obligation of the governmental agencies are not so clear and not strong enough. The governmental agencies have still held too much work, from the design of development strategy, making law and policy and conducting the implementation of such strategy, law, policy to the macro management on various areas, management on the state-owned enterprises and monitoring activities of other enterprises, delivering public service including such services that should be empowered to other organizations.

In this context, both top-down and down-top accountability is also difficult to implement. That will give more room for the current bureaucracy, corruption, misspending and difficult to remove. The society and citizen are not asked for the governmental organization and because of information shortage, on the other hand, they could not supervise the governmental agencies on this area.

2. The Public Administration Reform is going far slower than Economics Reforms

Regarding the Management of public administrative reform, in the reality, the public administrative system of Vietnam is quite underdeveloped compared with other regional countries and there is still big gap compared with the modern administration. Although it has implemented for 10 years now, and mentioned by the government as an important content for the annual action plan, the reform in the public administration is going far slower than reforms in the economic areas and the poor public administrative system is still seen as an obstacle for the so-economic

9 Nguyễn Ngọc Thao, Seminar in HaiPhong city, 29/1/2010 10 Phạm Chi Lan, Seminar in HaiPhong city, 29/1/2010 11 Phạm Chi Lan, Seminar in HaiPhong city, 29/1/2010

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development in Vietnam. There are many reasons for this situation, at least it comes from the reason of the thought, awareness, knowledge, the machine capacity, motivation as well as method of reform. The thought, role and interaction among the state, market and the society are not so coherent among the central state and local officers. The awareness regarding the state to serve the citizen has not been popular, the understanding of the state governance tools is also simple, the capacity of the machine and officer is limited. As a result, the administrative processes and procedures are still the main tools and and the easiest-to-use tools to show the power and the implementation of the state in relation between the state agencies and the citizen or among the state agencies. With such shortcomings, the administrative apparatus itself has no strong motivation for reform, not mention the private interest of the related state agencies and the officers. The reform plan is very large requiring the participation and cooperation of various agencies but lack of a mechanism strong enough to create or bind such participation and cooperation. Other related bodies as enterprise, press and people are not treated as the insider to positively participate, consult and oversight. The role of the Assembly, the local elective agencies, the law court is still vapid. Consequently, though the society is in urgent need, it can not create enough pressure for a serious and effective public administrative reform. 3. Legal system, Human resource and Public finance management do not promote the administrative reform

The laws and legal documents system of Vietnam has not created the background to promote the administrative reform. There is a worth worrying tendency that the agencies are now using more Degrees, Regulations, and the number of such official documents contained by the legal and normative contents is dramatically increasing. This results in a mass of legal documents thus the relationship becomes specially important”.

In the part of Human resource management, the report has raised out the problem of “brain drain”, recruitment, salary policy and human motivation in the state agencies. Such problems are the reality at almost state agencies and have close relationship. The statement said “basic salary accounts only 30% in total salary, bonus and allowance” is worth ringing. It reflects the distortion, sham and chaos in the treatment and income system at the state agencies.

In the part of Public finance management, the report has fully and clearly presented the issues of public budget and finance in Vietnam. In the reality, both income and expenditure management currently carry imperative issues for the society, specially due to the existing losses in these two processes and the poor effectiveness, losses, corruption in the national budget expenditure have been prolonged and seemly deepened. The reason is not only the shortcomings in the devolution, accountability and empower of the related state agencies but there is also the role of the interested groups, big state-owned enterprises in the state investment (the biggest part of national budget expenditure).

II.2. Chapter 3: Local Governance

1. Seminar in Hue city, 19/1/201012

(1) Devolution and Power handover issues

12 Đỗ Nam, Vice VUSTA Thua Thien Hue province

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The report mentioned issues are all existing at local at different degrees of success or un-success.

the report also shows that the reforming process including the allocation, devolution and power handover to lower level authorities is implemented slowly and its effectiveness is not as expected. Right of people to participate in the planning, budget use decision, authorities’ activities oversight is formalism. Although information is defined as the vital factor to ensure the effective implementation of responsibility and performance of all levels, industries, there is much obstacle in the information accessing and sharing in which the biggest obstacle is existed in the awareness of each servant, leader, and officer. The information transparency has been limited thus places negative impact on the result of the anti-corruption battle. If we make a comparison of the devolution and power handover between “the Government to the provincial People Committee (PPC)” and “the PPC to provincial department and divisions”, we can easily understand that the first one is more, stronger and faster than the later one. For instance, the PPC has just recently empowered to its department and division for their initiation in recruiting their official (recruiting the public servant is still the right of the provincial level), appointing department head for units under department and division. Similarly, the department and division have their right in proposing the demand for the recurrent budget and infrastructure construction budget. However, the right to decide the budget allocation for this or for that is totally under the provincial People Committee. Some departments as Planning and Investment or Financial Department (normally called “super department”) miss-understand the coordination function with the controlling and managing functions.

(2) People and Information Issues

Even the planning process carries such changes in term of strong devolution and power handover, the provincial planning body is not easy to change as the old people is still there with traditional way of understanding and thinking. As they are so strongly empowered that there is no need to change.

About the information accessing and sharing, there is a very accurate statement in the report said “leader, official, enterprise and citizen all do not know or recognize that the information kept by the authorities is the people’s asset”. It should be added that information is the people’s asset as it is created by the national money and tax contributed by people.

2. Seminar in HCM city, 20/1/201013

(1) Devolution and Accountability at local level

Recommendation: The localities should be decentralized to recruit, designate, suspend the titles in accordance with their management competence and they don’t need to get opinions from the central ministries and sectors for such work. They should be allowed to active prepare and give essential decisions relating to the personnel selection and arrangement (for example: recruitment, designation, reasonable remuneration policies for the civil servants, policies to support cadres in the remote mountainous poor areas of the province, policies to take up the talents)

13 Diệp Văn Sơn, Senior specialist on PAR, Former department director, MoHA

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Regarding accountability at the provincial level, the most importance issue is that there has not been a mechanism and mode enabling the people to access the information on budget utilization, let alone the citizenry’s direct participation in the decision-making process for the provincial budget utilization!

(2) Shortcomings and Recommendations on Governance at local level

Shortcomings, restraints and limitations in organizational and operational structure of the communes’ grassroots authorities are possibly summarized as follows: (i) The commune people’s councils are essentially the formalistic bodies; (ii) Formalism in the resolutions ratified by the commune people’s councils is a restraint preventing their oversight role towards performances of the commune people’ committees; (iii) Number of the grassroots cadres at present is plentiful but not enough capable so it is abundant but still deficient; (iv) the grassroots authorities are not really active about the budget.

There are the measures to strengthen capacities of the local governments so that they are strong enough to deploy the policies in the rural areas as follows: (i) Every action of the local governments should be open and transparent for the people. A mechanism to encourage the citizenry participating in discussing, making decision and overseeing implementation of the local missions should be applied; (ii) Oversight capacity of the commune people’s councils should be strengthened; (iii) There should be a proper remuneration policy to attract participation of the methodically-trained students in the grassroots authorities; (iv) An appropriately-specific program should be outlined to train key incumbents like Commune Party committee secretaries, chairmen of the commune people’s councils and people’s committee, chairman of the commune’s VFF... especially incumbents of administrative division, finance division, land office and justice division at the commune level; (v) Open and competitive recruitment of the commune’s civil servants and direct voting for the designate as chairman of the commune people’s committee.

(3) Land use- Critical issues

Actually, land use and land management are critical issues in terms of theory and practice, micro and macro aspects, policy making and policy implementation, both citizens and authorities have copped with shortcomings and restraints in land use and management. Unemployment, social evils and seasonal labor reflect somewhat a picture about the farmers whose land were revoked for construction of industrial and processing zones, urban areas... Till now, generation of jobs for the land-revoked farmers has been a critical issue being discussed on the media and a hardly-solvable problem of the authorities at various levels. Retrieval of the agricultural and housing land has therefore impacted on the livelihood of the about 2.5 millions farmers for the last 5 years. In some suburb areas of the Red river delta, before the land had been revoked, only 10% laborers did the hired-work but after that this ratio is 17%.

Solutions proposed: (i) A supportive fund for job generation should be formed; (ii) It is necessary to allot the service land to the farmers whose land was revoked; (iii) The state needs an evident development strategy for the whole country and for each region. There should be issued the land use plans and these plans should be legalized.

II.3. Chapter 4: Administrative and Direct Services

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1. Seminar in Hue city, 19/1/201014

(1) It is needed to have Devolution in Administrative and Direct Services

The Report has presented issues in terms of power devolution in the administrative and direct services in Vietnam. With the research approach of two functional devolutions that are: (i) The responsible devolution for the standing administrative division under local authority or for such divisions under the ministry in order to evaluate and reorganize the relationship between the state and the citizen, and it also redirects the responsible devolution between the citizen and the enterprise; (ii) The responsible devolution for such service providers as health units and school. The right-at-the-beginning consistent qualitative standards are guaranteed through the supply of such services.

(2) Citizen satisfaction on administrative and direct services reduced

Agreed with authors of the Report, if the objective is to reduce the dissatisfaction, then the administrative reform has had significant improvement. If the objective is to increase the degree of satisfaction, then the reform has not met its objective thus need to have more improvement in the quality of administrative and direct services.

A potential impact of the self-control power handover and socialization policies is the increasing in financial burden for the service user and lead to the limit in service access of citizen. In both the Health and Eduction, the household expense rate has been increasing and accounted for a ratio in the total expense of the Health Industry. Specially, the rural households have suffered the financial burden for Health far more than and faster-pace increasing than that of urban households.

2. Seminar in HCM city, 20/1/201015

(1) Devolution and handover is to make such service closer to the citizen

The Vietnam Development Report 2010 (chapter 4) has focused on the devolution and power handover, accountability responsibility in providing services through the survey and evaluation on the current situation, advantages and shortcomings. This is very useful and necessary to help Vietnamese Government at all levels in assessing and issuing such suitable adjustment in the coming years.

The reality has proved that the advantage of the handover of the public service provision function for the local authority is to make such service closer to the citizen and, at the same time, to enforce the accountability responsibility and the dynamics for the local authority.

The Report has confirmed the core issues related to Vietnam context as follows: (i) The administrative and direct services in Vietnam examined in the system of devolution, power handover and accountability responsibility are an urgent requirement treated as the generation need and the requirement for ascending development of a modern administration; (ii)The system of accountability responsibility is the base of success or failure in providing the public service; (iii) There is the trend that services in Vietnam have been clearly improved. At the same time, it proved that the people have increasing demand on both quantity and quality of service; (iv) The increasing application of the self-control mechanism in finance for service providers will lead to the limit of service benefit for the poor and

14 Nguyễn Thị Như Liêm, Former Rector, Da Nang University of Economics 15 Nguyễn Huy Hoàng, HCM city National Academy of Public Administration

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disadvantageous people. Consequently, it should be accountability to ensure the fairness; (v) The corruption in fields of education and health and other public service provision has also resulted in the worry of fairness, limited the social development.

(2) Recommendations on reasons of weakness

Recommendations: To solve and deepen the followings: (i) It should provide the experience about the organization and management of public service as well as comparative data within this field of some other countries to make it clearer the development level of this service in Vietnam; (ii) Regarding the analysis and evaluation of current situation, it should deepen the reasons of the weakness of the devolution and power handover system and accountability responsibility in the provision of public administrative service as well as direct services in Vietnam today.

II.4. Chapter 5: Legal and judicial system

1. Seminar in HCM city, 20/1/201016

(1) Governance and making laws

Actually, governance is a new concept in Vietnam. the Vietnamese people are acquainted with a society where the state plays a role as a “bandmaster”; the state uses the laws as a management tool for ruling the society. If any problem occurs that can not be explained clearly, it is usually blaimed on “mechanism”. But as described in the report, the state is considered as a component in an interaction with the media, citizens, civil society and various actors in the whole society. Therefore, the laws should be applied to organize a stronger, better, more effective and more accountable state. The importance is not that how many laws are made, but that the process of making laws should be carried out more strictly with participation and counter-arguments of the people.

(2) The process of making laws

In order to boost up active participation of the people in discussing the draft laws, the emerging issues that should be carried out are: firstly, the legal policies should be made clear and succinct in accordance with that law’s spirit, who benefits and suffers from such policies, the citizens only pay attention to such policies in case they benifit from them; secondly, the citizens should be empowered to give their feedbacks through the forums, interest groups, associations. Almost individual opinions have not been paid attention, only public comments have possibly an influence to the policy-makers. Moreover, the media needs to provide credible informations and news to create forums for public diclosure of miriads interests.

(3) Dispute resolution

It would be a fiction and a little bit odd if the legislation was accounted as a toolkit to minimize disputes because a tranquil society without dispute seems to be in depression. The dispute is not a bad thing, on the contrary, it is a signal of a flexible and plentifully-vital society. The disputes possibly befall between individuals, between the employers and employees, between the citizens and governments, but it seems that role of the courts in resolving such disputes has not been really brought into play. It is explained by a difference between the Oriental and Occidental cultures.

16 Phạm Duy Nghĩa, Lecture on law, HCM city University of Economics

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The oriental people have plentiful ways and means to save honour and keep their living together with the community amicably by themselves, and they rarely have to lean on an arbiter.

(4) Desire of more professional courts

Vietnam has enterred itself in a state model with less attention to the courts. Chief justices of the provincial people’s courts are evaluated as equivalent as directors of the provincial other departments. It is possibly said that establishment of an independent court in Vietnam is a dificult work, more feasibly the courts in Vietnam should be made more professional with higher social prestige. I am in the same opinion with the authors that these performances can be only implemented with a beginning of each small step, i.e extension of the tenure of an arbiter, separation of the court’s financial budget, change of the designation process and alike innovations.

(5) Legal awareness

For more than 10 recent years, the national legal aid agency of Vietnam has played a great role in enhanced legal knowledge by the citizenry. In additional, legal data and information of Vietnam are quickly and sufficiently accessible on Internet, not worse than that of the Western countries. Even many precedents and comments given by the university professors have been made public on Internet. An atmosphere of transparentizing legislation is unfolding. Number of lawyers has been increasing, many professions assisting the judiciary have been socialized, but I am afraid that demands on the defence lawyers for seeking justice in the adversarial process amongst the prosecutors and lawyers have not been sufficiently met. The importance is that conception on lawyer profession and ethics for the lawyer profession have not been paid much attention. The lawyers are understood as businessmen rather than an arm for defending the justice. Responsibilities of the justice ministry in legal development have not really been clear. I feel that role of the Justice Ministry in developing a group of pro and responsible arbiters has not been really brought into play.

The national legal aid agency of Vietnam has just dessiminated, propagated and intepreted well the legal documents, but seemingly lacked many toolkits to help the people whose positions are lower than that of the public powerful bodies seek the justice.

2. Seminar in Hai Phong city, 29/1/201017

(1) Devolution

As the nature of legal norm is the general treatment principle regulated and ensured the enforcement by the state, the issuing of legal normative documents needs to be focused to ensure a consistent legal frame, prevent and settle conflicts. In practice, there are two group of issue in the process of making legal normative documents, devolved for the local authority as bellows: (i) The issues that, in the central documents, are only regulated in principle and in frame. When it is implemented locally, in order to make it suitable with local condition, each locality needs its local detailed regulations. However, such local detailed regulations can not be beyond the authorized scope devolved by the central bodies; (ii) The issues occurred in the local practical management. Such local specific

17 Ngô Minh Tuấn, Vice director, Department of Justice Hai Phong city

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issues that have not been regulated in the legal normative documents issued by the central bodies require the legal normative documents to meet the local management needs, the local authority should regulate them but make sure that such regulations are legally and in line with the central regulations.

Such devolution has facilitated the initiatives, creativeness and flexibility in the local state management. It can solve the problem of shortage in law to meet the practical requirement. However, the allowance for various state authorities or even grass-roots authority levels evolved in the issuing of the legal normative documents regardless their limited legal knowledge, insufficient and weak managerial skills, is one of the reasons to make the legal system bulky, inconsistent, contradictory, overlapped and easily unsystematic upon application.

(2) Law making

A stable and predictable legal system will be credible for the enterprises and investors. We would also add that a stable, predictable and feasible legal system will enable the state authorities and policymakers. With current condition and our implementing law-making method, we are in the shortage of an architect in the law-making sector which is said to be non-professional. The legal system would not be a qualitative, consistent, stable and effective.

the collection of idea from the law implementing objects is one of the steps to assess its impacts, to ensure that the implemented laws can reflect the real needs, carry feasibility, equality and transparency. Up to now however, the collection of ideas from citizen, enterprise and law must-implement objects is facing with difficulties. The biggest difficulty is the limited legal knowledge, there hardly people to participate upon being asked. Out of such participants, the majority only cares about the interest that law can bring them, does not really care about the balance between the common interest and other objects’ interest. The collection of participation idea is still formalism.

(3) Dispute resolution

The mediation is one of the methods for dispute resolution (settlement). We can temporarily divide the mediation into three kinds: Grass-roots mediation, administrative mediation and mediation settled by the court of law. Each kind of them has its own conducting body with different orders and procedures. Among them, grass-roots mediation is a typical activity in Vietnam. The grass-roots mediation organization is a self-managed body to undertake the small mediation arisen in the life of people. For the unsuccessful cases, the mediation organization guides the concerned parties to the competent bodies for settlement. Beside grass-roots mediation, some dispute cases are settled by the state agencies or local authority (administrative mediation) or some are resolved by the court of law.

(4) For the law-court system

There should be the careful analysis to see that it needs an independent lawcourt system, how can it be independent when it is a part of the state apparatus. The objective of law-court reform is to ensure that it can undertake its own judgment function under the constitution’s base which states that, during the judgment, the judger and people’s juror are independent and they comply with the law only.

14

(5) Legal awareness

When law is fully acknowledged, it will enable the citizen right and human right to be implemented, enabling the stable social development. In recent years, the effort to facilitate the ability to access and the legal and policy awareness in all levels of people are improved. However, due to various reasons, the activity for providing legal service in Vietnam is still limited and has not met the increasing demand of the life.

II.5. Chapter 6: Oversight

1. Seminar in Hue city, 19/1/201018

(1) General comments

The oversight part of the report focuses on the institutions playing the role of overseeing such activities of authorities, presents the challenges in the state governance that the Vietnam Fatherland Front has mentioned in the report sent to the National Assembly. Controlling the corruption is understood as the vital factor in the effort of developing such an averaged-low income country as Vietnam. As if the corruption is not controlled, it will obstruct the investment, losing the resource and eroding the people’s trust.

The report analyzed profoundly the shortcomings of the institutions which are being applied in Vietnam. Firstly, they are weaknesses in the process of legal implementation of the State bodies such as the Government Inspectorate, the State Audit. There have been still much of people’s complaint and denunciation including over- level complaint and denunciation. The issues of publicity and transparency of budget allocation, project approval, land and property compensation in the process of ground clearance and resettlement still have been insufficient, which wasn’t got completely agreed by some people. Phenomena of corruption, waste and bribe are not reduced. It is not really effective that the Civil Society Organization, the Technology and Scientific Organizations participate in supervising and social responding. People’s inspection boards and Community investment supervision boards with role of supervising still have weaknesses.

(2) Local situation

Many urgent matters in social life are attracting the attention and consideration of people at all levels; the situations of bureaucracy, corruption, waste, inconvenience of a part of cadres, civil servant haven’t been stopped effectively. Some activities having formalizing expression such as request of publicizing property and revenue of some state cadres or request leader of organization to do internal inspection, if having a breach, will treat as per authority then report to investigating body. The issue of promoting real grassroots democracy at some locality has been limited. The administrative procedures of some works are still complicated, wasting time and effort of people. The functions of oversight and social response are issues which are in need of being considered and promoted more.

(3) Recommendations

18 Phan Hoà, Vice president VFF Thua Thien Hue province

15

- It is essential to research the ratio of delegates in charge in the National Assembly and the People’s council at all levels in order to implement function of a delegate voted by people, in which having function of oversight and reducing interest conflict when these delegates hold important positions in the State apparatus.

- It is essential to research the training modality to improve professional qualifications for people who implement task of oversight, especially members of People’s Inspection Board, Community investment supervision boards.

- It is necessary to research methods of recruitment of people who have good virtuous character, loyalty with national and community interests to do task of oversight in order that activities are implemented with right purpose, healthily and effectively, reducing corruption and negative impact.

- It is necessary to find effective and feasible solutions to promote role of oversight and social response of civil society organizations, especially the Fatherland Front and its membership organizations.

2. Seminar in Hai Phong city, 19/1/201019

(1) General comments

Chapter Oversight in the Report is a quite systematic covering a series of important issues such as anti-corruption, main measures to discover corruption, basic approaches for anti-corruption, state organizations and civil society organizations in the oversight system.

The report has suitable approaches for the oversight issues of Vietnam: Selecting the anti-corruption issue as the focus for the analysis of the oversight system in Vietnam. Such approaches help report covering the whole story of current oversight issues in Vietnam with its strengths and weakness, suggesting further researches in order to further improve the oversight system in Vietnam.

For associations, the report had significant analysis, clarified the oversight efficiency of such organizations. At the same time, it has also listed out the difficulties in oversight activities of the society and associations. For the science and technological organizations, the report states that, their functions of research, analysis and policy advocacy can play a vital role in oversight. This is an important and accurate statement. The anxiety about the possible contribution of such organizations for the accountable system in Vietnam is a worth noting issue.

(2) Local situation

Hai Phong is an industrial city, however, the rural area carries bigger part. The agricultural cultural aspects are currently placing big impact on the thought, lifestyle and behavior of Hai Phong people. This created obstacles for building an effective social oversight system for the city.

Typical difficulties and challenges of Hai Phong are the poor level of people awareness, vapid legal awareness; citizen and the social organization have not gotten the habit to base on the legal regulations to undertake the social oversight activities. Generally speaking, the oversight activities are still formalism.

(3) Recommendations

19 Nguyễn Ngọc Thao, Vice president VUSTA Hai Phong city

16

- It should carry deeper research on the political, legal and social backgrounds of the oversight system in Vietnam. It helps bringing the full and objective analysis about the good and the bad of the oversight system of Vietnam.

- It is needed for the deep research on the organization of civil society in Vietnam. In practice these organizations have potential functions on the oversight role effectively.

- The interaction link in the oversight system of the political, political-social, political-social- professional organizations or industrial association organizations needs to be mentioned and carefully studied. In the reality, this link is still very weak. There should be measures to overcome and effectively promote./.

17

Annex

LIST OF PARTICIPANTS IN SEMINARS

“Vietnam Development Report 2010-Modern Institutions”

(Hue city, Ho Chi Minh city and Hai Phong city)

I/ In Hue city, 19/01/2010 NN Name Organisation

1 Mr. Ngô Hoà Vice chairman of People Committee (PC), Thua Thien (TT) Hue provine

2 Mr. Nguyen Van Cao Standing Vicew Chairman of PC TT Hue province

3 Mr. Trần Phùng President of VFF Committee, TT Huế province

4 Mr. Hoàng Văn Hiển Huế University

5 Mrs. Phạm Thị Lan Women Union of Thua Thien (TT) Hue provine

6 Mr. Nguyễn Ngọc Nam People Committee of Quảng Nam province

7 Mr. Lê Văn An Huế University

8 Mr. Hoàng Hải Centre for Theory Works, Central Committee VFF

9 Mr. Nguyễn Lê Minh Tuấn Department of Industry & Commerce, TT Huế province

10 Mr. Phan Nguyên Khánh Department of Education-Training, TT Huế province

11 Mr. Phạm Bá Vương Department of Labour & Social Affairs, TT Huế province

12 Mr. Lê việt Sỹ Agric. & Rural Dev. Bank of TT Huế province

13 Mr. Hoàng Hữu Hè Department of Agriculture & Rural Dev., TT Huế province

14 Mr. Hồ Đức Hưng Union of Science &Techn (S&T) Assoc. of TT Huế province

15 Mrs. Ngô Thị Hiền Newspaper Huế Old Capital

16 Mr. Trần Công Vinh Trade Union of TT Huế province

17 Mr. Nguyễn Thăng Sơn VFF Committee of TT Huế province

18 Mr. Mr. Bùi Khắc Bằng People Committee of Hà Tĩnh province

19 Bà Nguyễn Thị Hồng Hạnh Party Committee of Education of TT Huế province

20 Mr. Nguyễn Huy Thái People Committee Office, Thua Thien Hue provine

21 Mr. Tạ Công Dũng Department Of Home Affairs (DoHA), Quảng Ngãi province

22 Mr. Trần Thanh Phương VFF Committee of TT Huế province

23 Mr. Lê Trường Danh UB MTTQ tỉnh Nghệ An

24 Mrs. Nguyễn Thị Hồng UB MTTQ tỉnh Nghệ An

25 Mr. Hồ Xuân Nghĩa VFF Committee of TT Huế province

26 Mrs. Dương Thu Hương VFF Committee of TT Huế province

27 Mr. Đoàn Văn Tịnh VFF Committee of TT Huế province

28 Mr. Lương Trung Thông VFF Committee of Quảng Trị province

29 Mrs. Nguyễn Thị Tuyết VFF Committee of Quảng Trị province

30 Mr. Trương Văn Mười VFF Committee of Quảng Nam province

31 Mrs. Hoàng Thị Phương VFF Committee of TT Huế province

32 Mr. Lê Công Chiến VFF Committee of Quảng Nam province

33 Mr. Trần Ngọc Đạo VFF Committee of Bình Định province

34 Mr. Dương Thanh Bình VFF Committee of Bình Định province

35 Mr. Cao Mạnh Hùng VFF Committee of TT Huế province

36 Mr. Ngô Văn Hoà Vice president of VFF Committee of Bình Phước president

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37 Mr.Nguyễn Quang Tiệng Vice president of VFF Committee of Hà Tĩnh province

38 Mrs. Võ Thị Thu VFF Committee of TT Hue province

39 Mr. Bùi Quyền Department Planning & Investment, TT Hue provine

40 Mr. Phan Hoà Huế University

41 Mr. Bùi Quang Tình People Committee of TT Huế province

42 Mr. Phạm Công Tuyên Party Committee of Education of TT Huế province

43 Mr. Thích Công Đạt Buddhism Association of TT Huế province

44 Mr. Vĩnh Xuân Phương Party International Coop. Department, TT Huế province

45 Mr. Nguyễn Khắc Vẽ Department of Nat. Resource and Env. TT Huế province

46 Mr. Lê Xuân Bình Department of Culture and Sports, TT Huế province

47 Mr. Trần Ngọc Tuấn Department of Justice, TT Huế province

48 Mrs. Ngô Hương Thuỷ Party Department on People promotion, TT Huế province

49 Mr. Ngô Văn Lý Department 25 Security Agency, TT Huế

50 Mr. Trung Hữu Hue TV

51 Mr. Thanh Bảo Hue TV

52 Mr. Nguyễn Lương Bình PC Office of Quảng Bình province

53 Mr. Đỗ Nam Vice president VUSTA TT Hue provine

54 Mrs. Nguyễn Thị Như Liêm Đà Nẵng University

55 Mrs. Hà Thị Minh Phượng VFF Committee, Đà Nẵng City

56 Mr. Nguyễn Văn Hùng Youth Union of TT Huế province

57 Mr. Trần Gia Công Youth Union of TT Huế province

58 Mr. Minh Văn TT Huế province Newspaper

59 Mrs. Trần Thị Lan Hương World Bank in Vietnam

60 Mrs. Phùng Thị Tuyết World Bank in Vietnam

61 Mr. James Anderson World Bank in Vietnam

62 Mrs. Maria Delfina World Bank in Vietnam

63 Mr. Đặng Ngọc Dinh CECODES

64 Mrs Lê Thị Nghê CECODES

II/ In Hồ Chí Minh city, 20/01/2010

1 Mrs. Lương Bạch Vân Vice president, VFF Committee of HCM city

2 Mrs. Trần Huỳnh Mến VFF Committee of Đồng Tháp province

3 Mrs. Nguyễn Thị Minh Lý VFF Committee of Tây Ninh province

4 Mrs. Hoàng Thị Lan VFF Committee of Bà Rịa Vũng Tàu province

5 Mr. Nguyễn Thanh Trường PC Office of Tiền Giang province

6 Mr. Võ Lê Tuấn VFF Committee of Long An province

7 Mr. Mạnh Hà PC Office of Cần Thơ province

8 Mr. Nguyễn Trung Hiếu VFF Committee of Cần Thơ province

9 Mr. Pham Duy Nghia Law Faculty Hanoi University

10 Mr. Nguyễn Xuân Chiến VFF Committee of Đồng Nai province

11 Mr. Hoàng Hải Director, Centre for Theory Works, Central Committee VFF

12 Mr. Nguyễn Văn Quê DoHA of Tây Ninh province

13 Mr. Nguyễn Phong Giang Veterant Association of HCM city

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14 Mr. Phúc Huy Tuoi tre Newspaper

15 Mr. Phạm Minh Tân Director Department of S&T of HCM city

16 Mr. Diệp Văn Sơn Senior researcher on Public Admin. Reform

17 Mr. Từ Nguyên Vũ Interpreter

18 Mr. Từ Xuân Sơn VFF Committee of Bình Dương province

19 Mr. Lê Hồng Quân Vice Director DoHA, Bình Dương province

20 Mr. Nguyễn Huy Hoàng HCM city University of Economics

21 Mr. Ngô Duy Thượng UB MTTQ tỉnh Tiền Giang

22 Mr. Đỗ Hữu Tuyết Representative of Ministry of Transport in HCM city

23 Mrs. Đỗ Thị Bích Ngọc Repres. Agency of MOST in HCM city

24 Mr. Phạm Khắc Hoè Repres. Of Primer Minister in HCM city

25 Mr. Phạm Ngọc Bình Phương Department of Agr. and Rural Dev. of HCM city

26 Mr. Phan Bá Office of Steering Committee for Anti-Corruption

27 Mr. Lưu Đức Tiến Department of Education-Training, HCM city

28 Mrs. Bùi Thuý Hoa Repres. Agency of MOST in HCM city

29 Mrs. Phan Thị Cần Vietnam News Agency in HCM city

30 Mr. Hồ Việt Tiến HCM city University of Economics

31 Mr. Nguyễn Thành Giang DoHA of Đồng Tháp province

32 Mr. Trương Minh Hậu Department for Agr. & Rural Dev., HCM city

33 Mrs. Tấn Mỹ Dung Vietnam Women Union

34 Mr. Minh Cường Law Newspaper of HCM city

35 Mrs. Giang Kim Loan HCM city TV

36 Mr. Nguyễn Hoàng Phúc HCM city TV

37 Mr. Nguyễn Quốc Tuấn HCM city TV

38 Mr. Lịch An Sài Gòn Liberation Newspaper

39 Mr. Nguyễn Thành Long Repres. Agency of MOST in HCM city

40 Mr. Quốc Định Solidarity Newspaper

41 Mr. Nguyễn Trọng Hoà Institute for Development Studies of HCM city

42 Mr. Nguyễn Công Thanh CP Office of Bình Dương province

43 Mr. Nguyễn Quốc Lê VFF Committee of Bà Rịa Vũng Tàu province

44 Mrs. Nguyễn Thị Hồng VFF Committee of Bà Rịa Vũng Tàu province

45 Mr. Trần Văn Định Today Newspaper

46 Mr. Nguyễn Thị Thu Vân Famers Union of HCM city

47 Mr. Nguyễn Thái Law and the life Newspaper

48 Mr. Nguyễn Thanh Bình Department of Construction of HCM city

49 Mr. Vương Tịnh Mạnh Institute for Development Studies of HCM city

50 Mrs. Vũ Ngọc Anh Institute for Development Studies of HCM city

51 Mr. Lê Minh Khánh Repres. Agency of MOST in HCM city

52 Mr. Bá Hảo Online Newspaper “Việt nam net”

53 Mrs. Đỗ Xương Mai Repres. Agency of Ministry of Construction in HCM city

54 Mr. Phạm Ngọc Minh Repres. Agency of MOST in HCM city

55 Mr. Nguyễn Quảng Sơn Centre for Information of HCM city

56 Mr. Huỳnh Văn Tùng HC Company

57 Mr. Bùi Gia Hiệp Repres. Agency of MOST in HCM city

58 Mr. Lê Nét LCT Lawyers Association of HCM city

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59 Mr. Nguyễn Quang Huy Lawyers Association of HCM city

60 Mrs. Nguyễn Thị Thu Trang Voice of Vietnam in HCM city

61 Mr. Lê Bá Phước Inspectorat of Long An city

62 Mr. Ngô Minh Dũng Department of DoHA, Đồng Nai

63 Mrs. Trần Thị Lan Hương World Bank in Vietnam

64 Mrs. Phùng Thị Tuyết World Bank in Vietnam

65 Mr. James Anderson World Bank in Vietnam

66 Mrs. Maria Delfina World Bank in Vietnam

67 Mrs Lê Thị Nghê CECODES

68 Mr. Đặng Ngọc Dinh CECODES CECODE

III/ In Hải Phòng city, 29/1/2010

1 Mr. Hoàng Văn Kể Vice chairman PC, Hải Phòng city

2 Mr. Phạm Quốc Huynh Party Committee member; Chairman VFF of Hải Phòng city

3 Mr. Lê Văn Nhã Vice president VFF Committee of Hải Phòng city

4 Mr. Nguyễn Đức Hiếu VFF Committee of Hà Nam province

5 Mrs. Nguyễn Thị Kim Liên Ministry for Development, England

6 Mr. Nguyễn Đức Hữu VFF Committee of Hải Phòng city

7 Mr. Vũ Anh Thư VFF Committee of Hải Phòng city

8 Mr. Ngô Duy Điệp VFF Committee of Hải Phòng city

9 Mr. Nguyễn Thái Hùng VFF Committee of Thái Bình province

10 Mr. Trần Văn Dũng DoHA of Thái Bình province

11 Mr. Hoàng Duy Đỉnh Trade Union Hải Phòng city

12 Mr. Nguyễn Quốc Mây Veterans Association of Hải Phòng city

13 Mr. Ngô Thanh Hà Farmers Union of Hải Phòng city

14 Mr. Đặng Văn Tây Department of labour & Social Affairs, Hải Phòng city

15 Mr. Nguyễn Văn Hưng Dep. Of Planning & Investment, Hải Phòng city

16 Mr. Hoàng Hải Director, Centre for Theory Works, Central Committee VFF

17 Mr. Bùi Đình Hưng Hải Phòng University

18 Mrs. Phạm Chi Lan Senior independent researcher

19 Mr. Nguyễn Ngọc Dinh Personnel Dep. Central Committee VFF

20 Mr. Vũ Đăng Minh Office Central Committee VFF

21 Mrs. Phạm Thị Hồng Centre for Theory Works, Central Committee VFF

22 Mrs. Vũ Thị Minh Phương Centre for Theory Works, Central Committee VFF

23 Mrs. Phạm Thị Kim Cúc Centre for Theory Works, Central Committee VFF

24 Mr. Nguyễn Đình Huấn CECODES

25 Mr. Trần Ngọc Nhẫn Former Director Dep. Law-Democracy, Central Comm. VFF

26 Mr. Lương Hùng Tiến VFF Committee of Nam Định province

27 Mr. Nguyễn Ngọc Thái VUSTA of Hải Phòng city

28 Mr. Phạm Văn Hoàn PC Office of Hải Dương province

29 Mr. Phạm Quang Sản VFF Committee of Hải Dương province

30 Mr. Đỗ Thế Hùng Department of Education-Training, Hải Phòng city

31 Mrs. Lê Thị Mai VFF Committee of Hải Phòng city

21

32 Mr. Lê Quang Vinh VFF Committee of Hải Phòng city

33 Mr. Vũ Ngọc Hà DoHA of Ninh Bình province

34 Mr. Đào Trọng Lê DoHA of Hải Phòng city

35 Mr. Phạm Thành Trọng DoHA of Hải Phòng city

36 Mr. Bình Xuân Thăng VFF Committee of Phú Thọ province

37 Mrs. Maria Delfina World Bank in Vietnam

38 Mrs. Phùng Thị Tuyết World Bank in Vietnam

39 Mr. James Anderson World Bank in Vietnam

40 Mrs. Trần Thị Lan Hương World Bank in Vietnam

41 Mr. Ngô Duy Độ VFF Committee of Hải Phòng city

42 Mr. Trần Văn Thức Centre for seminar of Hải Phòng city

43 Mrs. Phạm Hải Yến Women Union of Hải Phòng city

44 Mrs. Lê Thị Nghệ CECODES

45 Mr. Nguyễn Đức Trị CECODES

46 Mr. Phạm Quang Dũng People Newspaper

47 Mr. Đàm Đức Hiệp PC Office of Hải Phòng city

48 Mrs. Đinh Hải Âu Centre for Theory Works, Central Committee VFF

49 Mrs. Nguyễn Minh Thu VietnamNews Agency

50 Mr. Phạm Văn Phương Sở công thương TP Hải Phòng

51 Mr. Vũ Thanh Tân Department og Industry & Commerce, Hải Phòng city

52 Mr. Lê Hiệp Hải Phòng University

53 Mr. Thanh Phong Hải Phòng University

54 Mr. Đỗ Văn Hạ Hải Phòng College

55 Mr. ĐàoVăn Liên Oldmen Association, Hai Phong city

56 Mr. Vũ Ngọc Sơn DoHA of Phú Thọ province

57 Mr. Phạm Văn Hiệu VFF Committee of Ninh Bình province 58 Mr. Đặng Ngọc Dinh CECODES59 Mr. Bùi Thanh Tùng Department of S&T, Hải Phòng city