Accountability of the government in compliance vietnamese law

es to accountability. However, the approaches are closely related to the original view of accountability as a means of ensuring openness - transparency, or seeing public transparency as the goal of accountability or even The press considers accountability to be public - transparent. 1.3. Comment on the research topic 1.3.1. Issues related to the thesis topic have been clearly researched, with unified conclusions and inherited and developed by the thesis in the research. Firstly, the works have clarified many theoretical aspects of accountability such as: the concept of accountability in general has been approached under many different angles. Secondly, the subject that requires government accountability has been listed by a number of works. Thirdly, the content of government's accountability has also been mentioned by a number of works. Fourthly, a number of government accountability methods have also been mentioned and clarified. Fifthly, the consequences of post-accountability have been mentioned by a number of works with a focus on the replacement of government personnel. Sixthly, the legal practice of accountability in Vietnam has also been mentioned by a number of studies. 8 Seventhly, the practice of implementing the state apparatus' accountability in general in public service execution and the government in particular in public policy planning and implementation has also been identified by a number of studies. results as well as shortcomings. Eighthly, a number of solutions to improve the law and improve the efficiency of the state's accountability in general and the government in the public policy sector in particular have also been mentioned. 1.3.2. Issues related to the thesis topic but have not been fully resolved, still have many controversies or have not been researched, there are many problems. Firstly, the current legal concept of government accountability has not been established by any works. Secondly, the role of accountability in terms of an obligation of the government - the highest state administrative body, has not been evaluated comprehensively and focused on this subject. Thirdly, the structures of government accountability such as: subjects, content, methods and consequences of government accountability have not been adequately studied, because the research object is active. accountability of government agencies in general or of the government in certain angles. Fourthly, the legal status and implementation of the law on the government's accountability under the law have not been researched. Fifthly, although there are many proposed solutions to improve the law and improve the accountability of the government, but with the two above-mentioned approaches to practice, the solutions do not focus on accountability. accountability under government law. 1.4. The issues raised need to be researched by the thesis Firstly, further research is needed to clarify the concept of government accountability under the law. Concepts need to detail the implications of accountability in the direction of distinguishing between accountability and concepts that have similarities and unified understanding of government. Secondly, there is a need to continue to clarify the role of accountability for government activities in particular and the control of state power in general. 9 Thirdly, it is necessary to build structures of legal-recognized accountability and deeply analyze those structures, such as: the subject; content; modes and consequences. Fourthly, it is necessary to continue to update, reflecting the current situation of the accountability structures recognized in the Vietnamese legal environment. Fifthly, statistics on the results of the government's accountability performance from the past to the present, especially in the last two terms to show the current situation and trends in the evolution of government accountability. Sixthly, it is necessary to propose perspectives and solutions to improve the law and improve the efficiency of accountability of the Vietnamese government while being associated with Vietnam's political and legal characteristics, but ensuring the learning and absorbing advanced world values, as well as respecting democratic values are increasingly clearly identified in national political life. Summary of Chapter 1 Through an overview of the research situation related to the thesis topic, it can be concluded that traffic accidents has been widely researched in the world and has begun to appear as a potential research trend in Vietnam. Male in recent years. The theoretical issues, the current situation and the solutions to traffic accidents in general have been initially clarified by the researches. These are important values that serve as a foundation for the dissertation's research. However, the identification of traffic accidents is not yet uniform and has many confusion with similar concepts. The research works on traffic accidents in general are large, but research on traffic accidents of the CP is few and mainly focuses on a few certain aspects such as: prevention and combat of corruption; public policy planning and implementation; controlling CP power ... the direct study of traffic accidents under the law of the CP has not been considered by any work in all three aspects: theory, practice and solution. Chapter 2 THEORETICAL ISSUES OF RESPONSIBILITY OF THE GOVERNMENT UNDER THE LAW 10 2.1. Government accountability concept Based on the analysis and assessment of the concept of accountability of domestic and foreign studies that have been done previously and based on the results of author's own studies on accountability, it is possible to define The government's accountability is as follows: The accountability of the Government means the obligation of the Government, its representative or members of the Government, upon request, to provide and explain information to supervisory entities as a basis for This subject assesses responsibility in the implementation and results of the implementation of the Government's authority. 2.2. The Role of Government Accountability Accountability of government has four basic roles: Firstly, accountability is an instrument of controlling government power. Secondly, government accountability is an important component of good governance. Thirdly, accountability of the Government is the basis for building and maintaining Government integrity. Fourthly, accountability is a vehicle for the Government to promulgate and implement public policy effectively. 2.3. Subject and Government accountability content 2.3.1. The actors in the government's accountability relationship 2.3.1.1. Subject to accountability Firstly, the government is accountable as a collective. Secondly, the members of Government are personally accountable. - Responsibility of the head of Government: The head of government can be accountable as the head of government - the "first minister" and as a member of the government. 11 - Vice president / deputy prime minister: The vice president or deputy prime minister is accountable as a "second minister" and accountability as a member of government. - Minister: The Minister is accountable in two capacities: an executive officer (a government member - a politician) and an administrative civil servant (minister). 2.3.1.2. Subject requires government accountability - Parliament /National Assembly: Parliament includes: general parliament, professional parliamentary committees, parliamentary inspectors, auditors and parliamentarians. Parliament requires accountability of government to ensure oversight of government activities - which is created by parliament. - Court: The court requires the government to be accountable to ensure compliance with the constitution and the law. This right can be obtained by the constitutional court or the constitutional function of the ordinary court. - Head of state: The head of state demands accountability of the government as the head of state and the executive head. - Citizen Citizen include: individual citizens, social organizations, private economic organizations ... these are the people who are directly affected by the activities of exercising the authority of the government. 2.3.2. Content of government accountability Firstly, legal policy. Legal policy is the legislative ideology, opinion, and initiative of the government. Secondly, the legal documents issued by the government. The government is empowered to issue its own documents to exercise its authority. The Government must be accountable to these documents to 12 ensure their legality, reasonableness and do not fall into the danger of abuse of power. Thirdly, construction and implementation of public policies. Public policy promulgation and implementation are central to government activities. A country that flourishes or is depressed depends strongly on the quality and effectiveness of the government's policies. Therefore, the government inevitably has to be accountable for these policies. Fourthly, use the state budget. The use of this budget has a potential for corruption, inefficiency or loss or waste. Accountability will constrain government to more informally and efficiently spend the budget. Fifthly, the issue of government personnel. Government personnel accountability ensures public choices with adequate criteria for talent and virtue. At the same time, the performance of government members will be closely monitored by those who have the authority to demand accountability. Sixthly, public service. Although the government does not directly provide public services, it does play a decisive role in the content, quality and price of public services. Seventhly, administrative procedures. The government again plays the role of setting the content, order, fees ... and other issues of administrative procedures nationwide. Therefore, the government must be accountable for the issues in this area. 2.4. Methods and consequences of implementing the Government's accountability 2.4.1. Government accountability mode Firstly, the Government regularly reports on its activities to the Parliament and to the people. Secondly, the Government answers questions before the Parliament. 13 Third, the Government participates in testifying before the Committees of the Parliament. Fourthly, the Government answers the questions of MPs in the monitoring process. Fifthly, the Government reports and participates in hearings in court proceedings. Sixthly, the Government responded to people's requests. Seventhly, the Government exercises accountability through the media and social networks. 2.4.2. Consequences of Government accountability Firstly, the consequence is that the government has to change its policy. Secondly, the consequences of the Government must change personnel. Thirdly, as a consequence, the Government may be dissolved. Summary of Chapter 2 Through research, it can be seen that the government's accountability is a controversial concept in the world. However, any approach has its own merits. The richness in concept does not make the problem elusive, but on the contrary, creates an opportunity for the inference of accountability to become more complete. Within the research scope of the thesis, chapter 2 approaches the government's accountability in terms of an obligation to provide and explain information to review and evaluate the government's responsibility in real activities. public service execution by entities authorized to oversee government. This may be an approach that continues to cause controversy, but will bring a new perspective on the research problem. Accountability of government is an indispensable requirement of most contemporary democratic countries in the world. It is not only a means to help control and balance power but also is the basis for the operation of a modern, integrity and efficient government. Although each institution has its own rules about this activity, the biggest thing that is noted in common is 14 the binding mechanisms that make this activity a binding responsibility rather than an option. government. Chapter 3 LEGAL SITUATION AND LAW IMPLEMENTATION OF THE GOVERNMENT'S RESPONSIBILITY OF VIETNAM 3.1. Current state of the Vietnamese government's accountability legislation 3.1.1. Entities in the Government of Vietnam accountability relationship 3.1.1.1. Subject to accountability The subject of accountability of the Government of Vietnam also has similarities with CP of countries under the Great Institution in the world when there exist two groups: Firstly, the Government is accountable to the collective. Secondly, Government members are personally accountable to three groups: - The Prime Minister is accountable as head of Government - "First Minister" and as a member of the Government in the collective leadership mechanism. - Deputy Prime Minister is accountable as the second person of the Government - "Second Minister" and as a member of the Government in the collective leadership mechanism. - The Minister is accountable as the head of the sector or field - The Minister and as a member of the Government in the collective leadership mechanism. 3.1.1.2. Subject requests the government's accountability Firstly, the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, the professional committees of the National Assembly and members of the National Assembly. The subjects of this group include: - Congress. - National Assembly Standing Committee. - Ethnic Council and professional committees of the National Assembly. - Congressman. 15 Secondly, the State President. Thirdly, the People's Court. Fourthly, People. 3.1.2. Content of accountability of the Government of Vietnam Firstly, accountability for draft laws. Secondly, public policy accountability. Thirdly, accountability for regulatory activities. Fourthly, increased accountability for personnel issues and asset origins. 3.1.3. The Government of Viet Nam's approach to accountability Firstly, the Government reports to the National Assembly, the National Assembly Standing Committee and the President. Secondly, the Government answers questions before the National Assembly. Thirdly, the Government has contact with the people. Fourthly, the Government resolves complaints and denunciations. 3.1.4. Consequences of the Government of Vietnam accountability Under current law, the consequences if the accountability fails, the Government will have to bear the following: the prime minister is dismissed, immune; Deputy Prime Ministers and Ministers are dismissed and dismissed; abolishing legal documents of the Government, the Prime Minister, ... Especially since 2001, the National Assembly has the right to vote with confidence in the posts elected or approved by the National Assembly, including people Head and other members of the Government 3.2. Current status of implementation of the Vietnamese Government on accountability legislation 3.2.1. The period from 1946 to 2001 This period was marked by the establishment of the republican government with the introduction of the State of the Democratic Republic of Vietnam 1946, to 2001 - the time when the 1992 Constitution was amended and supplemented. This is the period of recognition of many events and changes of the country with three periods: the first period of the war for national liberation; the second phase of building the economy under a centralized model; and the third stage of country renewal. 3.2.2. Period from 2002 to present The period after 2002 up to now, with open integration policies, besides economic progress, political and legal issues have been renewed in the direction of introducing many progressive values of the world. . The year 2002 is also the first year the 1992 Constitution was amended and 16 supplemented in 2001 into social life. Accountability of the Government has also been focused and constantly improved to this day. 3.3. Assessment of the current state of Government of Vietnam accountability 3.3.1. Assess the current status of actors in the accountability relationship of the Government of Vietnam 3.3.1.1. Assessment of the current state of the subject of accountability by the Government of Vietnam - The Government is increasingly accountable to the National Assembly and the People, especially in the field of public policy. - Accountability of individuals in the Government is also established and step-by-step heightens collective accountability. - Responsible actors in the Government have positively changed their perception of accountability. However, the practice still has some of the following limitations: Firstly, the Government operates according to the collective principle, according to this principle the Prime Minister will be the "First Minister". However, in reality, in exercising the accountability, the Prime Minister participated in answering questions before the National Assembly, regardless of the answer within the competence of the Prime Minister personally or the Government collective. At the same time with the presence of Deputy Prime Ministers, the prime minister's responsibilities are divided as the authority itself. The problem of determining the direct responsibility of the Prime Minister after the accountability has not been clearly implemented. Secondly, the position of Deputy Prime Minister is held by many members. This multi-level hierarchy does not increase accountability, but in turn becomes a hindrance to identifying the focus actor to be held accountable and, therefore, the consequences of accountability will not be imposed. for the right people to suffer. Thirdly, the Minister, although defined with two roles, but in reality, the legal regulations focus on the role of the head of ministries and branches rather than the role of a member of the Government. 3.3.1.2. Assessment of the current state of the subject requiring accountability of the Government of Vietnam - The National Assembly has become the most effective and essential requesting and monitoring institution of Government accountability. - The Committees of the National Assembly have also had a deep specialization in order to increase the ability to listen to government 17 accountability and to monitor activities of taking responsibility after accountability. - Citizens and civil society organizations are more active in requiring the Government to be accountable. However, at present, the Government's accountability requirements and oversight activities still have the following limitations: Firstly, regulations on the right to hold the Government accountable and impose political consequences of the National Assembly and its agencies are not direct and clear, leading to a lack of legal bases for these entities require and supervise. Secondly, the National Assembly and other institutions of the National Assembly have not yet ensured the requirement, listening and monitoring of Government accountability effectively. - The Vietnam National Assembly is not really professionally organized and operated to request the Government's accountability in an objective way and listen to accountability effectively: + The National Assembly works according to the conference regime. + The National Assembly of Vietnam is formed on the principle of universal suffrage. But in reality, the ideology of representation dominated this formation. + Full-time National Assembly deputies now account for only 35% of the total number of National Assembly deputies. + Immunity mechanism in speech, speech and voting of Delegates has not been established. - The Standing Committee of the National Assembly has difficulty getting the Government to be accountable because the diversity of members of this organization does not cover all areas of CP management to be able to request and listen. effective accountability. - Ethnic Councils and Technical Committees also face a similar problem when they cannot monitor all aspects of government activities to demand accountability. - The National Assembly Inspector's institutional defect Thirdly, the courts do not play an important role in requesting and overseeing the accountability of the Government. Fourthly, the actual role of the Vietnam Fatherland Front in requesting and monitoring the Government's accountability is not guaranteed. Fifthly, social institutions, including the people, social organizations and businesses, have not yet obtained specific legal records to require the Government to be accountable. 18 3.3.2. Assess the current state of the content of accountability of the Government of Vietnam - The distinction of three powers: legislative; Law enforcement and judiciary go to clearly be the basis to ensure differentiation of Government authority and to clarify the relationship between the Government and other agencies, the contents must be accountable by the Government because The position is specified. - The scope of government's authority is increasingly expanded, so the government's accountability content is also increasing. - The contents of public policies in recent years have had legal mechanisms and social pressure on the Government's accountability in both planning and implementation. However, in practice, the contents of the Government's accountability still have some limitations such as: Firstly, the draft law. Under current law, the Government's accountability for a draft law can only be held once before the National Assembly. This is different from "three readings" in many countries around the world. The limited number of times leads to two problems: The government cannot pursue to defend its legal policy to the end of the National Assembly and the Government is not responsible for the failure of a bill. Secondly, public policy. Compared with the current legal grounds, the Government's regulations on the accountability of public policy have not been concretized. Thirdly, identify the contents that are not subject to accountability. The right to identify information belonging to state secrets is vested in the executive instead of the legislature, coupled with the lack of strong constitutional mechanisms that easily cause public administrations to arbitrarily identify content belonging to state secrets to avoid accountability. 3.3.3. An assessment of the current state of government of Viet Nam's accountability modalities - The Government answered questions before the National Assembly and the Committees showed outstanding efficiency. - Direct methods of carrying out accountability are more widely used, meaning that indirect methods will be gradually limited. - Many methods based on multimedia communication have been exploited and brought about high efficiency initially. However, the application of current government accountability modalities still has the following limitations: 19 Firstly, the main method according to current law is still documents. Secondly, although there are many changes in the way of answering questions in a more flexible direction, in practice, the implementation of "quick questions, short answers" still has limitations. Thirdly, the website of the Government has not created the interaction between the people and the government's representatives. Fourthly, the resolution of complaints, denunciations and complaints by petition letter also faces limitations when in practice the multi-tiered implementation. Fifthly, the use of the media platform, although being applied more widely and more openly, but in fact, activities such as "People ask, the Minister answers" has not responded. meet the demands of society when the demand for accountability from the people is limited and censored. 3.3.4. Assess the current situation of the consequences of accountability of the Government of Vietnam - The activities of taking votes of confidence and vote of confidence have been carried out and basically reflect the current situation of the confidence of elected deputies to the Government. - In recent years, many Government members have been dismissed for wrongdoings. The consequences of changing or rejecting government