Public responsibilities of civil servants according to vietnamese law from the practice of the south central provinces

etical research on public responsibilities of civil servants 1.1.1.1. The research related to the definition of civil servants, public duties and public responsibilities of civil servants Firstly, the research related to the definition of civil servants confirm that the definition of civil servants depends on economic, political, cultural and institutional factors but all recognize that civil servants must be citizens of that country, perform responsibility by title, receive salary paid by the budget. Secondly, the research believe that the definition of public duties is the work of civil servants, managing and operating in public organisations, and providing services to the community, reflecting the political - legal nature, influenced by politics but also relatively independent from politics. Thirdly, most of the research on public responsibilities of civil servants on the passive aspect, very few the research on public responsibilities on the active aspect. 1.1.1.2. The researh related to the adjustment of law on public responsibilities of civil servants Including the research on rights and obligations of civil servants; performance public responsibilities of civil servants with the state administrative organisations and social; measures to ensure public responsibilities of civil servants. 7 1.1.1.3. The researh related to factors affecting public responsibilities of civil servants: working environment, equipment, recognized and honored in public service activities; behavior and communication based on legal standards, impact in the operational efficiency of the state; Institutional and capacity factors, ethics affecting the responsibility of the head 1.1.2. The research on the fact of law and the fact of performance of public responsibilities of civil servants In general, the research of foreign and domestic authors only focus on assessing the contents of civil servants management or responsibilities of civil servants on the passive aspect associated with violations in public service activities. , not in-depth research on public responsibilities of civil servants on the active aspect and implementation of public responsibilities in specific local areas. 1.1.3. The research on solutions to enhance the performance of public responsibilities of civil servants The research of foreign and domestic authors proposed solutions such as enhancing knowledge and requiring modern management skills, maintaining the quality of the management team; uphold the duty of the individual; creating motivation to towards the spiritual goals of civil servants, coordinate with social responsibility, and loyalty in the work, in addition to the material values also take care of spiritual values to improve responsibility at work; building office culture, rewarding and honoring professional values to enhance the activeness of civil servants. 1.2. Overall assessment of the research situation Through researching scientific the research related to the topic, the author of the thesis gives some following assessments: 8 Firstly, the definition of civil servants and public duties of countries are all historical, with some similar but different characteristics because of economic, political, cultural, legislative techniques; not researching public responsibilities in active aspect. Secondly, the research on the fact of issues related to the thesis are the law regulations on public responsibilities of civil servants clearly, in detail, the performance of public responsibilities has not been effective. At the same time, the research have not deeply studied the public responsibilities of civil servants such as ethics, rights and obligations of civil servants. Thirdly, the solutions are built on the basis of assessing the situation; however, the author of the thesis has not found raising public responsibility of civil servants related to discuss the awareness solution. Fourthly, the research in the South Central provinces mainly on recruitment, training, retraining, evaluating civil servants or implementing public administration reform, there has been no research on the public responsibilities of civil servants directly. 1.3. Thesis issues must be solved Firstly, theoretical part of the thesis clarify the definition of civil servants, public duties and public responsibilities; the content of law adjustment for public responsibilities of civil servants; measures to ensure public responsibilities of civil servants and influencing factors. Secondly, on the fact of the thesis topic, case studies for civil servants who perform their duties but are unsatisfactory; clarify the ethical standards in accordance with law, things not done in the performance; researching history and collating issues related to public responsibilities of civil servants to propose solutions. 9 Thirdly, in the section on solutions, the author recommends a number of solutions to improve the Vietnamese law and to enhance the performance of public responsibilities of civil servants in the South Central provinces. 1.4. Hypotheses and research questions Rationale of the thesis: To study the thesis's problems, the author uses some typical theories such as: The social responsibility theory of civil servants; The theory of accountability of civil servants; Herzberg's two-factor theory; Victor Vroom's theory of expectations; The theory of justice by J. Stacy Adams. 1.4.1. Research hypotheses Public responsibilities of civil servants have many research but there are many different views on civil servants, public duties and public responsibilities; has not studied public responsibilities in active aspect; the law regulations on public responsibilities of civil servants has not uniform, slowly innovation, many generally regulations; public responsibilities of civil servants in the South Central provinces have achieved many results but still have not achieved the efficiency and expectations of society and therefore, it is necessary to add solutions to enhance the performance of public responsibilities of civil servants. 1.4.2. Research questions To answer the key research question "How to enhance the effectiveness of the performance of public responsibilities of civil servants from the practice of the South Central provinces", the task of the thesis focus on answering the questions following: How are the theoretical issues and legal regulations about public responsibilities of civil servants explained? 10 What is the fact of the performance of public responsibilities of civil servants in the South Central provinces? What solutions to improve the regulations on public responsibilities of civil servants and to enhance the performance of public responsibilities of civil servants in the South Central provinces? Conclusion Chapter 1 Through an overview of the research situation related to the topic, the author points out some conclusions such as: most of the research on public duties, civil service institutions, legal responsibilities of civil servants. The evaluation of domestic and foreign studies also guides a research idea in a specific area to have an exactly view of the performance of public responsibilities of civil servants and so, the author choose the South Central provinces for my research. The issues related to the public responsibilities of civil servants of all countries are historical, dependent on politics, economy, culture and society. Chapter 2 THEORETICAL ISSUES ABOUT PUBLIC RESPONSIBILITIES OF CIVIL SERVANTS 2.1. The definition of civil servants, public duties and public responsibilities of civil servants 2.1.1. The definition of civil servants The definition of "civil servants" by regulations of the most countries has the same characteristics and also has different depending on historical, political, economic, cultural and social factors. On the basis of analyzing the c definition of "civil servants", the author build the scientific definition of "civil servants" that is "civil servants are those who are recruited and appointed to the position of professional 11 titles in the state organisations system to perform public duties within the scope of their competence prescribed by law and take responsibility for such activities, and reiceive salaries from the State budget" 2.1.2. The definition of public duties Public duties are an important element of the national administration. Through the study of the definition of public duties of a number of countries and scientists, the author of the thesis proposes the scientific definition of public duties in the narrow meaning that “Public duties are a kind of powerful and legal of public servants in the state organisations or the subjects are authorized by state organisations to ensure the performance of the state functions and duties for social management and serving citizens”and in within the scope of the topic, the author only research the performance of public responsibilities of civil servants in the state administrative organisations. 2.1.3. The definition and characteristics of public responsibilities 2.1.3.1. The definition of public responsibilities Depending on the purpose of the study and within the scope of my research, the author of the thesis only focuses on researching public responsibilities of civil servants in terms of initiative meaning, so it is possible to understand: public responsibilities of civil servants is the voluntariness, self-awareness of civil servants with their duties, obligations by law in order to fulfill the requirements effectively and to ensure the legitimate rights and interests of citizens and society in the performance of public responsibilities of civil servants. When civil servants do not perform, or perform incompletely their responsibilities or violate the law, they may suffer material, spiritual adverse 12 consequences, prosecution of disciplinary or criminal liability depends on the seriousness and nature of the violation by law. 2.1.3.2. Characteristics of public responsibilities Public responsibilities of civil servants have a number of characteristics such as: public responsibilities of civil servants associated with the implementation of the functions, duties and activities of the State administrative organisations; public responsibilities of civil servants associated with politics; serving the interests of the people and society; regulated by the legal system; showing personal responsibility in official activities. 2.2. Adjustment of the law on public responsibilities of civil servants 2.2.1. Rights and obligations of civil servants Firstly, for civil servants' rights is their ability to handle, the authority to perform their duties within the assigned or decentralized scope according to the regulations of law. Rights of civil servants: material and spiritual benefits. Secondly, the obligation of civil servants is to obey the State’s duties and to promise performance the functions and duties of the state in generally and of civil servants in particularly. In different countries, the specific regulations of obligations is difference, depending on the political, economic, cultural and social. 2.2.2. Performance public responsibilities of civil servants 2.2.2.1. Public responsibilities of civil servants to state administrative organisations Public responsibilities of civil servants to state administrative organisations is to perform the assigned task with rights and conditions within the regulations of the authorities; this is stipulated in the civil 13 law of the Nations. In the process of performing public responsibilities of civil servants to state administrative organisations, relate to a number of specific tasks such as: Advising to the promulgation of documents; performance tasks of managing and using resources; performance tasks related to the provision of public services; performance inspection, examination and supervision of public duties. 2.2.2.2. Public responsibilities of civil servants to society In the scope of the topic, public responsibilities of civil servants to society are that performance functions and duties of the state in accordance with the law and towards protection and usefulness conditions for individuals, organisations and enterprises to reiceive maximize their lawful rights and interests; at the same time to develop society. On the basis of the thesis's public responsibilities of civil servants that is the self-discipline to performance functions, duties and nature of civil service in Vietnam depends on the the political and so public responsibilities of civil servants to society includes political responsibilities, moral responsibilities and accountability. 2.2.3. Measures to ensure public responsibilities of civil servants In the performance public responsibilities of civil servants, in addition to rights, obligations, salaries and other welfare, a number of measures can be mentioned: rewards for civil servants; employment of civil servants; training and fostering. Moreover, creating a working environment, making public explanations and apologies for public service activities are also measures to ensure public responsibilities of civil servants. Besides, in order to ensure order and discipline in public service activities as well as to enhance the public responsibilities of civil servants, the countries are concerned about the liability of civil 14 servants to prevent violations as well as creating forced to performance responsibilities otherwise will incur adverse consequences. 2.3. Factors affecting public responsibilities of civil servants 2.3.1. Capacity, awareness and consciousness of civil servants Civil servants must be capacity, awareness and consciousness, which is assessed through promulgation of decisions and this is confirmed "Leadership, management is always a decision-making process". 2.3.2. Public ethics of civil servants Public ethics of civil servants is a part of civil servants morals, a system of principles, rules of conduct in the performance of public responsibilities to adjust attitudes, behaviors, responsibilities, obligations of civil servants in public service activities. 2.3.3. The politics, the legal Research shows that public service activities of civil servants in particularly, the public service of each country in generally depends on political or legal factors and these factors affect the public responsibilities of civil servants with different degrees can be positive or negative, directly or indirectly. It is that affects the results of civil servants to achieve the goal of State administrative organisations. 2.3.4. Economic, cultural and social conditions The factors of economic, cultural and social conditions are also factors that affect the performance of public responsibilities of civil servants to different degrees, so it is the development of economy and society to decide participation and examination of the people in the activities of the State administrative organisations, requirements for civil servants are increasing and therefore, civil servants must always have a positive attitude, voluntarily to perform their duties. 15 Conclusion Chapter 2 By studying the theoretical issues of public responsibilities of civil servants, the author of the thesis draws some conclusions such as: civil servants of all countries are historical, reflecting the characteristics of civil services. The civil servants have similar characteristics but there are some differences; public responsibilities of civil servants are things that must be done, should be done, done or not done, associated with the job position voluntarily to ensure the exercise of the lawful rights and interests of the other and to determine the law adjustment on public responsibilities of civil servants. Chapter 3 THE FACT OF LAW AND THE FACT OF PERFORMANCE PUBLIC RESPONSIBILITIES OF CIVIL SERVANTS IN THE SOUTH CENTRAL PROVINCES 3.1. The fact of the law on public responsibilities of civil servants in Vietnam from 1945 to the present 3.1.1. The law on public responsibilities of civil servants in Vietnam from 1945 to 2008 3.1.1.1. The period from 1945 to 1954, there were no specific regulations on obligations, rights, public ethics, and criteria for assessing civil servants; regulations on rewarding; on discipline of civil servants such as warnings, reprimand, postponement of promotions within one or two years, mandatory resignation, dismissal, etc. 3.1.1.2. The period from 1954 to 1975. Civil servants in this period was formed from many different sources; the centralized mechanism was formed, so civil servants worked in a lack of creativity, stagnation, increasing embezzlement and wastefulness; also add some form of reward and discipline. 16 3.1.1.3. The period from 1976 to 1986. This period still uses the term workers and employees, there have been many changes in the concept of public responsibilities but the law has not changed substantially in terms of rights, obligations, and measures implemented. 3.1.1.4. The period from 1986 to 2008 During this period, implementing a comprehensive reform including the reform of civil servant's activities, the State issued a series of documents to improve the civil servants institution; However, there are also some very confusing contents such as public duties, rights and obligations of civil servants, the measures to ensure the implementation still be unchanged from the previous period, which reduced the spirit of voluntary. 3.1.2. The fact of the law on public responsibilities of civil servants since the Law on cadres and civil servants in 2008 up to now in Vietnam 3.1.2.1. Regulations on rights and obligations of civil servants The rights and obligations of civil servants in public service activities are prescribed mainly according to the Law on Cadres and Civil Servants in 2008 and the Law on Amendments and Supplements to a Number of Articles: Civil servants' rights: on salaries and salary-related regimes; material benefits; about equipment and other working conditions. Regulations on general obligations of civil servants; obligations related to political institutions, the State regimes and the people; need to implement regulations on public ethics; culture of communication with the people, at work; civil servants are not allowed to do. 3.1.2.2. Regulations on public responsibilities of civil servants to the State administrative organisations 17 Civil servants are assigned tasks and carried out properly and fully according to the regulaions of law, the operation regulations of the State administrative civil servants and take responsibility for the results of implementation; must be inspected and reported on tasks in the course of implementing policies and laws of the higher levels; advise the upper-level the State administrative organisations to issue policies, laws and ways to handle the assigned tasks. 3.1.2.3. Regulations on public responsibilities of civil servants to society Based on the functions, duties and nature of civil service, the social responsibilities of civil servants is associated with different types of responsibilities: political responsibility, moral responsibility and accountability. To assess that political responsibility is a lack of confidence and in this case can be resigned or dismissed; moral responsibility must answer and explain their actions to public opinion and their self conscience; modes of explanation through conferences, responses and accountability at the request of citizens and special attention to the mechanism of handling administrative complaints and handling comments the people. 3.1.2.4. Regulations on measures to ensure public responsibilities of civil servants Performing commendation, using, training and retraining needs the right people and right jobs, that is the requirement to assess civil servants in the performance of public responsibilities exactly; regulations on dealing with violating civil servants such as resignation, dismissal, administrative responsibility, compensation liability of the state, criminal responsibility ... 18 3.1.2.5. Assessment the fact of law on public responsibilities of civil servants Firstly, on the achieved results: The system of legal documents on public responsibilities of civil servants is relatively abundant, creating a legal basis for the adjustment of public responsibilities of civil servants; The content of the law adjustment on civil responsibilities of civil servants is also quite clearly. Secondly, limitations and causes The concept of civil servants and public responsibilities of civil servants has not been clarified, civil servants have been determined too broadly; on public responsibilities of civil servants have not been consistent in legal documents; the law still has fairly general regulations; on the rights and obligations of civil servants, the law stipulates that civil servants are given the rights commensurate with their duties; on public responsibilities of civil servants to the State administrative organisations, to social responsibilities overlap on functions and duties; not effectively serve the needs of society; on measures to ensure public responsibilities of civil servants are not appropriate. 3.2. The factors affecting public responsibilities of civil servants in the South Central provinces 3.2.1. Politics and law. The Party's policies, views and specific regulations to implement have created a change in cadre work in order to build professional, dynamic, transparent and effective civil servants. 3.2.2. Economic, cultural and social. All provinces in the South Central are bordered by the sea; the economy is mainly in the field of agriculture; agricultural cultural personality 3.2.3. Civil servants. Ensuring the quality of civil servants concordant local practical conditions; however, in the current context, 19 the above regulations have not met the requirements of management and development of civil servants; have not promoted positive, creative and voluntary responsibilities. 3.2.4. Administrative reform. In the administrative reform, is increased the quality of public services by the State's administrative organisations; especially at present, the South Central area is developing tourism economy, attracting investment requires further strengthening of administrative reform. 3.3. Performance public responsibilities of civil servants in the South Central provinces 3.3.1. Results of issuing regulations on public responsibilities of civil servants. In general, local regulations have been issued quite sufficiently and clearly, creating a completly legal basis to enhance the effectiveness of public responsibilities of civil servants, but regulations on rights is often mixed with regulations on obligations of civil servants and mainly in documents often focus on obligations and responsibilities of civil servants. 3.3.2. Performance public responsibilities of civil servants to the State administrative organisations Civil servants must obey the hierarchy, discipline and administrative order, internal rules, regulations and perform their tasks according to their decentralized competence; manage and use the assigned equipment in public service activities; advising competent persons to issue documents; polite communication, thoughtful explanation when citizens contact work, have obligations in case of difficulties, problems should be reported to the immediately superior to direct the settlement. 20 3.3.3. Performance public responsibilities of civil servants to the society public and transparent information help citizens who can easily access public services; to receive the comments of the Vietnam Fatherland Front Committee, socio-political organisations and the people involved in building government; coordinate to receive and handle feedback and proposals of individuals and organisations on administrative regulations. 3.3.4. Performance measures to ensure public responsibilities of civil servants Besides to implement measures prescribed by competent the State organisations, the South Central provinces also have regulations on timely encouragement and reward measures for organisations and individuals that have well implemented discipline a