VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES  NGUYEN MANH CUONG STATE MANAGEMENT ON ADMINISTRATIVE BOUNDARIES AT DISTRICT LEVEL IN VIETNAM TODAY Major : Constitutional and Administrative Law Code : 9380102 SUMMARY OF LAW PHD THESIS HANOI, 2019 The work was completed at GRADUATE ACADEMY OF SOCIAL SCIENCES Scientific Supervisor: Assoc Prof Hoang Van Tu Reviewer 1: Prof PhD Hoang Minh Doan Reviewer 2: Prof PhD Nguyen Dang Dung Reviewer 3: Assoc Prof PhD Le Thi Huong The dissertation will be defended before the thesis review council of the Academy at the Graduate Academy of Social Sciences at hour minute, day month year The thesis can be found at: - National Library of Vietnam - Library of Graduate Academy of Social Sciences INTRODUCTION The urgency of thesis: Over the years, the State has issued a number of legal documents regulating the administrative boundary management However, there have been many documents regulating standards, conditions, and management procedures so far of which the contents and regulations are no longer appropriate and not meet the demands of practical management requirements District level (districts, towns, provincial cities) is the administrative units in our country District level also includes island districts The State has issued a number of legal documents regulating the management of administrative boundary throughout the past years In fact, the state management on administrative boundary at district level in our country in recent years has shown its positive results as well as some limitations and shortcomings State management on district-level administrative boundary is an aspect of national sovereignty; an activity and issue of state management for population and territory This is a need that is indispensable and objective for every nation and every state In particular, state management on district administrative boundary helps the State implement its management activities more flexibly and effectively in dealing with changes in development orientation, objectives or requirements, and challenges such as integration, urbanization, climate change or other environmental pollution Recent suggestions have been made about merging small provinces into big provinces The merger of provinces will lead to the merger of districts in those provinces It is the fact that we have merged Ha Tay into Hanoi However, there has not had any comprehensive summary of the effectiveness of this merger It did not include merging districts, on the other hands; more district-level administrative units arose For example, previous Tu Liem district was separated into two districts of Bac Tu Liem and Nam Tu Liem and new districts have been set up Therefore, district administrative units have increased The determination of administrative boundaries between districts in Hanoi is not easy due to the complicated characteristics of the city Through analyzing the situation and good experiences, we can learn, give suggestions and solutions to improve the effectiveness of state management on the administrative boundaries at district level in Vietnam today Therefore, the thesis "State management on administrative boundaries at district level in Vietnam” is really necessary in both theory and practice Objectives and research tasks 2.1 Objectives of the research The research thesis is to clarify theoretical issues on state management on the districtlevel administrative boundaries, analyze the current state management on the district administrative boundaries in Vietnam On that basis, it proposes suggestions and solutions to improve the efficiency of state management on the administrative boundaries at district level in Vietnam today 2.2 Tasks of the research To achieve the objectives of the thesis, the following tasks need to be solved: Firstly, conducting an overview of the research situation, theoretical basis and research method; summary of the contents / issues that have been studied, to clarify and point out the necessity of the thesis Secondly, identify the theoretical issues of state management on administrative boundaries at district level of in Vietnam Thirdly, state the status of state management on the administrative boundaries at district level in Vietnam to give comments and assessments (its strengths, weaknesses and causes) in state management on the administrative boundaries at district level in Vietnam today Fourthly, give suggestions and solutions to improve the effectiveness of state management on the administrative boundaries at district level in Vietnam today Object and the scope of the thesis research 3.1 Object of the thesis The topic focuses on researching state management on the administrative boundaries at district level in Vietnam Specifically, under the perspective of the components of the law, the topic will study the form of law, the content of law, organization of law enforcement in the state management on the district-level administrative boundaries That is, the topic does not focus into the state apparatus of the central government or the provincial government; nor study the district-level administrative units at the natural, geographical and social perspectives 3.2 Scope of the thesis Regarding the content, the thesis studies the basic theoretical and practical issues in state management on the administrative boundaries at district level in Vietnam Accordingly, it gives suggestions and solutions to improve the effectiveness of state management on the administrative boundaries at district level in Vietnam today The thesis does not study the district administrative level of districts having national borders, island districts because the administrative boundaries of these district-level administrative units has specific characteristics which are related to national sovereignty in the land and sea areas In terms of time, the project of state management research on the administrative boundaries at district level in the renovation period in Vietnam focuses on researches from the time of issuing the Constitution (2013) up to now In terms of space, objects, research issues of the topic are some districts and districts in provinces and cities in all three regions of the country Methodology and research methods of the thesis 4.1 Methodology First of all, the approaching of the thesis on state management on the district-level administrative boundaries is a legal activity Therefore, from the identification of research issues to the research, analysis and solving problems are all based on the fundamental principles of legal science and research results are suggestions and requests to improve laws for state management of the district administrative boundaries in Vietnam This approach differs from some other approaches when studying state management on the district-level administrative boundaries such as: (i) approach to territorial sovereignty - in the field of security and defense; (ii) a perspective approach is a technical activity in land management such as defining coordinates, boundaries, and areas Besides, the thesis also uses a logical and systematic approach to solve research issues Specifically, the thesis approaches from theory to practice and from practice to theory, then proposes recommendations Each content, research issue will also be determined and structured appropriately regarding the certain system and logic, which can be based on the criteria of content, characteristic or time The thesis is based on the methodology of Marxism-Leninism on the state and law; Vietnamese Communist Party's policy and views on building the socialist rule-of-law state of the People, by the People and for the People, which is underlined in the Party's Resolutions, in the Constitution and Government’s Law 4.2 Research methods of the thesis The thesis applies many specific research methods such as systematic methods, methods of analysis and synthesis, comparative law methods, statistical methods, specific historical methods, especially the legal-analysis method To complete the purpose of the research, the thesis combines methods in each part of the thesis, in which the method of analysis and synthesis is used the most For each item, there are several major research methods for clarifying research purposes For example, the comparative method is prioritized to be used in the general research of experiences in some countries in the world as well as in Vietnam in Chapter 2; Analysis and synthesis methods are prioritized for use in the status assessment in Chapter New contribution to the science of the thesis Firstly, gather and provide a relatively complete and systematic concept, characteristics, content, and principles of state management on the district-level administrative boundaries in Vietnam Through the study of state management of the same subject in some countries in the world, the author gives readers a more comprehensive view of the theoretical issues of state management on the district-level administrative boundaries in Vietnam in relation to the world Secondly, researches and assess the state management on the district-level administrative boundaries during the renovation period in Vietnam, focusing on research from the time of issuing the Constitution (2013) up to now Thirdly, give recommendations and solutions to improve the effectiveness of state management on the administrative boundaries at district level in Vietnam, meeting the needs and demands of the renovation and international integration in the context of Vietnam taking integration with developed countries The theoretical and practical significance of the thesis 6.1 The theoretical significance of the thesis This topic will contribute to systematizing and clarifying some of the following issues: Firstly, the theoretical issues of management of administrative boundaries; in which, focusing on clarifying the concept, characteristics, content, and principles of state management on the district administrative boundaries in Vietnam Secondly, some contributions of the thesis in theory when studying this issue are to point out the characteristics of the law on state management on the district-level administrative boundaries in Vietnam; point out criteria to improve the law for state management of the administrative boundaries at district level in Vietnam in terms of form, content and implementation Thirdly, the law and experiences of some countries in the world in state management on administrative boundaries will be a great resource for Vietnam to learn from Since then, the thesis has given suggestions and solutions to improve the effectiveness of state management on the administrative boundaries at district level in Vietnam 6.2 The practical significance of the thesis This is a systematic and comprehensive research on the state management of the administrative boundaries at district level in our country starting from the renovation period up to now Accordingly, identify and analyze advantages, disadvantages and causes, limitations and shortcomings The thesis also makes sense for the feasibility study of the merger or separation of district-level administrative units associated with state management on the district-level administrative boundaries Structure of the thesis In addition to the introduction, conclusion and list of published works related to the thesis, the list of references, the content of the thesis consists of chapters as follows: Chapter 1: Overview of the research issues related to the thesis Chapter 2: Theoretical issues of state management on administrative boundaries at district level in Vietnam Chapter 3: Current state management on administrative boundaries at district level in Vietnam Chapter 4: Orientation, recommendations and solutions to improve the effectiveness of state management on administrative boundaries at district level in Vietnam CHAPTER OVERVIEW OF THE RESEARCH ISSUES RELATED TO THE THESIS 1.1 Researches in our country: 1.1.1 Group of researches on general issues of state management in the area of administrative division and determination of administrative boundaries In Vietnam, the research works on state management are huge and are often approached from the perspective of legal science and state management science Accordingly, the theoretical issues of state management have been clarified The typical researches can be listed are the ones by famous authors such as Mai Huu Khue, Pham Hong Thai, Dinh Van Mau, Tu Dien, To Tu Ha… Author Mai Huu Khue with a book on State management theory, comprehensively discussed the theoretical issues of state management, especially its constituent elements (subject, object, form, method), the management principles, administrative procedures and decisions, violations and administrative responsibilities, state administrative competence, inspection, examination and supervision in state management, administrative reforms, complaint settlement complaints and denunciations The contents of this study were supplemented by the research of Pham Hong Thai and Dinh Van Mau in the book of Vietnam Administrative Law and in the textbooks of training institutes such as: Curriculum of Vietnam Administrative Law of Hanoi Law University, National Academy of Public Administration; Textbook of inspection and settlement of complaints and denunciations of Hanoi Law University In addition, administrative reform issues were discussed in depth through the study of Administrative Reform and Economic Reform of the "Local Administrative Reform Dictionary", by the authors To Tu Ha, Nguyen Huu Tri, and Nguyen Huu Duc Complete and modernize the files and maps of the administrative boundaries and build a database on the administrative boundaries by Author Vu Dinh Khang, Ministry of Home Affairs, State Organization Magazine, No 2/2014, p 20 - 21 Methodological basis of the division of administrative divisions and administrative levels in Vietnam – (Ministry-level topic) by Assoc Dr Nguyen Huu Khiem who served as chairman in 2002; Scientific basis of organizing the system of administrative units and the classification of the administrative boundaries – (Ministry-level topic) by TS Chairman Tran Huy Sang (2003) which studied a number of criteria, bases and factors that affected the adjustment of administrative boundaries 1.1.2 Works on administrative boundary management, settlement of disputes over administrative boundaries The project "Investigate the issues, propose solutions to organize the management of the administrative stratification in our country to meet the requirements of industrialization and modernization" by Associate Prof Dr Trieu Van Cuong as a Chairman The project aimed to provide scientific arguments for the Party and the State in management activities; thereby proceed to stabilize the administrative boundaries, meeting the country's rapid and sustainable development in the orientation of "rich people in a strong, democratic, fair and civilized country” Accordingly, on the basis of systematizing some theoretical issues about organization of administrative units and adjusting the administrative boundaries at all levels, studying experiences of organizing administrative units of some countries in the world, systematizing and assessing the issues of division, separation and merger of the administrative boundaries in Vietnam from 1986 up to now; sociological investigation of the impact of the separation and merger of the administrative boundaries to local socio-economic development, the research team proposed a number of specific solutions and recommendations to further improve the management of boundaries of administrative units at all levels in our country today Theoretical and practical basis of establishing administrative units at all levels, meeting the requirements of national stability and development – (State-level independent topic) was headed by Deputy Minister of Home Affairs Tran Huu Thang (2011) This topic has mentioned a number of contents such as: The viewpoint of establishing local administrative units in our country today; foundation to identify state administrative units; a number of issues about establishment of administrative units territories; modern urban organization and management model in Vietnam and international integration; procedures, procedures for division, separation and establishment of administrative units at all levels However, the objective, approach of the topic is not about the goal of perfecting the law but more about technical factors Especially ‘the Standard Research Report, conditions and procedures for administrative boundary reforms at district and commune levels in Vietnam’ developed by the Department of Local Government under the Ministry of Home Affairs and the United Nations Development Program (UNDP) identified the standard systems, criteria, conditions and procedures for adjusting the administrative boundary reform under the provincial level The book "Legal provisions on grassroots government apparatus", compiled by the National Political Publishing House (2003) systematized legal documents which were related to the organization and operation of the grassroots government in the period of 1997-2003 The book "System of documents on organization and operation of the state apparatus according to the 1992 Constitution", by Author Duong Bach Long and Nguyen Xuan Anh, Justice Publishing House (2004) also systematized legal normative documents laws on organization and operation of our State apparatus according to the 1992 Constitution, including local governments And the articles Administrative boundary changes of Hanoi capital (1961-2008) by author Do Thi Thanh Loan, Political Administrative Academy (Region 1), Journal of Reasoning Education, No 12 / 2013, p 44 - 49; Hanoi capital continues to develop comprehensively after expanding administrative boundaries by Pham Quang Nghi, Communist Journal (No 816 (October 2010), p 42-47; Completing and modernizing the profile and maps of the administrative boundaries and building a database on the administrative boundaries of the Author Vu Dinh Khang, Ministry of Home Affairs, State Organization Journal, no 2/2014, p 20 - 21 In general, research works on the administrative boundaries and state management on the administrative boundaries are not various They can be mostly mentioned in the research topics of the Ministry of Home Affairs, Ministry of Natural Resources and Environment There is no specific research work on state management on administrative boundaries at district level 1.2 Researches in the world Overseas studies on the administrative boundaries are not as much as other issues, perhaps due to the fact that they have largely been identified in history, with little change However, some works can be found in Japan, the Russian Federation, the United States, and Germany First of all, it must be mentioned - Volkov's book S.N "Determining the administrative boundaries of the administrative units and subjects of the Russian Federation"(Волков С Н "Определение границ административных районов и границ субъектов Российской Федерации") Because the organization of territorial organizations in each country is an indispensable, objective and extremely important task, there are many studies abroad on this issue at various levels, approaches and different goals as well as objectives The general overview of the research in our country and abroad can be evaluated through major projects such as research topics, books, newspapers, magazines that have studied some characteristics, related concepts such as: nation, state form, territorial structure, territorial administrative units, territorial administrative boundaries, state management by territory, urban and rural areas, etc A number of typical works can be listed as follows: The book "Space, Territory and State: New research in international politics" by Ranabīra Samāddāra, Orient Blackswan Publishing, 2002 has introduced the concepts of space, territory, and State The book "Management of Inter-States Boundary Conflicts in Nigeria: An Empirical Approach" was written by Author Fatil, Dorrance Publishing, 2011 In this book, the author discussed the issue of territorial boundaries and adjustments on territorial boundaries in Nigeria, which focused on the Southwest; providing approaches and recommendations for resolving territorial disputes in this country The "Basic Principles of Central Management Theory for Local Governments" by Zulkifli Gazali, the Institute of Social Sciences Publisher, 1970 clarified the characteristics of the state management mechanism according to the central territory management principle (in Socialist countries), in which, emphasizes central government control on local authorities "The Involvement of People in Local Government Autonomy in Eastern European Countries: A Comparative Analysis" by Georgia's Strategic and Development Research Center has shown a step in the law of many Eastern European countries when adjusting the administrative boundaries, which was called a referendum 1.3 Evaluation of research works Based on the study of works related to state management (on district level) of administrative boundaries so far in our country and in the world, the author has given some assessments on the research results that the works achieved 1.3.1 In theory Most of the studies have built and clarified some related characteristics and concepts such as: nation, state form, territorial structure, territorial administrative units, and territorial administrative boundaries, urban, rural; concepts of space, territory, State Some authors have introduced the concept of territorial units and clarified the concept of administrative boundaries, state management by territory, and delineated administrative boundaries, including some criteria with certain bases and foundation Since then, the authors have affirmed that this is a management method that brings about efficiency in state management on the administrative boundaries in general, including district level 1.3.2 In practice The research projects have provided information, gathered, systematized and evaluated the state management of administrative boundaries and administrative units in general, including district level such as competence, conditions, procedure, in which there is a step prescribed by many Eastern European laws when adjusting the administrative boundaries is a referendum The research works reflect the data and practical situation of changes in organization and operation of local governments in several countries or a certain region; including the practice of division, merger, dissolution and adjustment of district-level administrative units, then make analysis and assess the current issue CHAPTER THEORETICAL ISSUES OF STATE MANAGEMENT ON ADMINISTRATIVE BOUNDARIES AT DISTRICT LEVEL IN VIETNAM 2.1 Definition, role of state management on administrative boundaries at district level The administrative boundary according to Vietnamese dictionary, "is the boundary dividing administrative units, is the legal basis to delineate the scope of responsibility of the state administrative apparatus in population and land management, local economy, politics, culture and society” The administrative boundary is determined by tasks on planning on the map, set up on the field and mark administrative boundaries, manage administrative boundaries and solve any disputes on the administrative boundaries The 2013 Constitution stipulated that the establishment of administrative units must collect local people's opinions and follow the procedures prescribed by law (Clause of Article 110); People are the subject of state power Our state is the State of the people, by the people and for the people The administrative boundary division at all levels, in which the district's administrative boundary is related to people's life People have the right to participate in state management, so the people are also considered to be the subjects of State management on the district-level administrative boundaries 2.2.2 State administrative management on administrative boundaries at district level State management on the district level administrative boundaries includes the following contents: Firstly, issue laws to determine and adjust administrative boundaries and administrative boundaries at district level; Secondly, implementing the law on administrative boundaries at district level; Thirdly, inspecting, supervising and settling district-level administrative boundary disputes Based on the Socio-Economic Development Strategy (2011-2020), the Government has issued the overall program of state administrative reform in the period of 2011 - 2020, which also mentioned the tasks: "Summarize and assess the organizational model and operational quality of local authorities to establish a suitable organizational model, ensuring the right functions, tasks, powers, close to reality, effectiveness and efficiency; building an appropriate model of urban government and rural government ” Organization of territorial-administrative units is part of the organization of the state administrative structure, showing the division of power between the central state and the local territorial communities and is a very crucial issue in each country Vietnam is a single state, with levels of government, including: central, provincial (provinces and cities under central authority), district level (districts, towns, provincial cities and provinces) commune (commune, ward, and town) Each level of administrative units is established, divided, merged, expanded or narrowed by authorized state agencies The adjustment of the administrative boundaries is carried out by the authorities Concerning the formulation and submission of the project of establishing and adjusting administrative boundaries, the Law also assigns to the Government and local authorities in the formulation, assessment and submission to the National Assembly and the Standing Committee of the National Assembly for promulgation legal documents under the authority and deciding the establishment, dissolution, merger, division and adjustment of administrative boundaries; urban classification; naming and renaming administrative units; resolving disputes related to administrative boundaries For the district and commune levels, the Government is the highest authority to build 10 and submit to the Standing Committee of the National Assembly for final decision In particular, the Government assigned the Ministry of Home Affairs to help monitor, guide and organize the appraisal and finalization of the Scheme; assigned the provincial-level People's Committees, which are the local administrations to build and submit to the Government (the Ministry of Home Affairs) The Law on Local Government Organizations has removed the responsibility of the district-level People's Committee to develop a scheme to set up and adjust the administrative review, which is very suitable to practical conditions The district and commune People's Committees only have the authority to decide whether or not to agree with the "policy" of the Project after achieving more than 50% of the people’s agreement Regarding processes and procedures, the Law on Local Government Organization has clearly defined the duties and powers of the People's Councils at all levels in proposing, developing a project to establish, merge, divide and adjust the administrative boundaries in the local However, these are just regulations that define the subjects who take responsibilities and the basic content The current regulations have not clarified the process and procedures for establishing and adjusting the administrative boundaries to ensure the effectiveness of this activity Considering the importance and resolution of the Standing Committee of the National Assembly on the establishment and adjustment of the administrative boundary, which is similar in effect to a legal document, the above procedures and procedures are too simple compared to the process of developing legal documents, thus, easily leads to arbitrary and inadequate preparation and completion of the project 2.2.3 State management principles on administrative boundaries The principles of state management are stipulated in the law as stipulated in the constitution, the law, the sub-law The principles prescribed in the constitution are considered the most basic principle The system of state administrative principles includes: Principles of Party leadership in state administrative management; (ii) Principles of people’s participation in state administrative management; (iii) Democratic centralism; (iv) Principles of equality among ethnic groups; (v) Principles of socialist legislation Secondly, the technical organization principles: (i) Sectorial management principles combined with territorial management; (ii) Sectorial management principles combined with functional management; (iii) Identify functions of state management on economics with production and business management 2.3 Factors affecting the state management of administrative boundaries at district level Factors affecting state management on administrative boundaries can be mentioned as follows: • Historical and cultural factors, natural conditions 11 • Legal factors • Socio-economic factors 2.4 Experience in state management of administrative boundaries in some countries in the world 2.4.1 Russia The Russian Federation is a federal state, including federal entities: autonomous republics, autonomous regions, provinces and frontiers (border areas, province-level units) The Federal State defines the boundaries between the administrative units of the entities Subjects in the Federation define administrative units and regulations on marking administrative boundaries However, the marking is finalized by the Federal Government: signs indicate the boundary of land use The landmark is usually made of wood, 1.5 m high, with a diameter of at least 15 cm At the top of the column, a cut-out figure on it shows the national emblem of the Russian Federation 2.4.2 Japan Decentralized administrative units in Japan: (To dō fu ken), is the first administrative level of the first two official local administrative levels in Japan This administrative level has a total of 47 including ‘to’ (Tokyo), ‘do’ (Hokkaido), ‘fu’ (Kyoto and Osaka), 43 ‘ken’ Provinces are divided into districts, including cities (towns), towns ( 町 cities) and villages (村 villages); Particularly in Tokyo there are 23 special zones ( 村 村 村 special zones) Japanese people use natural terrain to delineate boundaries between administrative units, such as mountains, rivers, lakes and canals There are also boundaries that run through cities, villages and fields and if there are not any signs, it is difficult to recognize them In the case of demarcation among three provinces or districts, there are special landmarks, called sankenkyo or sanzakai This place is the intersection of three provinces; a certain landmark to identify, for example, a sign, a hill or a lake will be used The border among provinces can be located in the middle of the field: on the right is Tochigi province, on the left is Saitama and in the middle (above) is Gunma The tributary branch of this river is used to delineate the boundary among the three provinces of Wakayama, Mie and Nara There are 48 points like this in japan, with clear coordinates 2.4.3 The United State of America In the United States, under Counties are the cities or other names such as Region (or county) (including the mayor and Mayor and Council; Municipal Court and a number of public agencies on fire prevention, firefighting, taxation, police : The cities in the County are separated from the territory and the system of major city management agencies is built according to models: Mayor - Council model; model of council manager; committee model In addition to the national government (federal government), local governments are 12 divided into levels such as the state, the county and city No city government is established in places where there are not enough people as prescribed, but only a town government or a commune government is established Cities, towns or communes are called three types of county-governed governments In addition, the country also has a non-specialized governmental organization that belongs to the county such as special school districts, specialized functional areas such as special fire zones, special water supply zones It may be attached to a city or county depending on each state's regulations That is, depending on the constitution of each state, the town or commune belongs to the county or city In addition, the central government also has special zones for Native Americans, Washington DC special zones 2.4.4 Germany In Germany, there are two types of administrative units, the district (known as Kreise) [82] which is an administrative level but not the upper level of the grassroots level (commune level) It is a representative level of the locality, considered to be "association of communes", "regional representative", "public legal representative" The self-governing administrative unit has additional duties to support administrative management work for communes and operates as the "association" Some states in Germany not have this level or are called the district but it is considered the lowest level After reunification, Germany is now organized into 16 states with a total of 14,561 local administrations with independent political positions, including 8,513 localities in the territory of the former states (old West Germany ) and 6,048 localities in new states (former East Germany) After reforming the local administrative boundaries in the states, only cities of 200,000 or more are called big cities Thus, only more than 40 localities in Germany are classified into this level and distributed equally throughout Germany Currently, about 24.4% of the population lives in big cities with more than 200,000 inhabitants About 42.4% of the population lives in localities with less than 200,000 inhabitants Therefore, small villages and urban centers occupy the majority in Germany today Changing the boundaries of voluntary administrative units can be the merging of localities or connection of localities together The simplest form to create rich localities is to conduct local reforms in the form of mergers It is possible to merge many localities into a new locality or merge small localities into a new locality, especially in suburban cities In the year of 60s-70s, this form of reform took place throughout the former West German territory As a result, the number of localities has decreased significantly, from 24,282 (1968) to only 8,513 administrative units (2006) 13 CHAPTER CURRENT STATE MANAGEMENT ON ADMINISTRATIVE BOUNDARIES AT DISTRICT LEVEL IN VIETNAM 3.1 Legal issues on state management of administrative boundaries at district level In 1995, it was considered as a milestone of the whole country to establish the administrative files, maps of 53 provincial-level administrative units, 568 district-level administrative units and 10,182 commune-level administrative units This is the first time in history that our country has had a set of documents, the map of the administrative record with a unified technical process in the whole country which has legal value to serve the task of socio-economic development, maintaining political security and social order and safety Recently, the relevant ministries and agencies have submitted to the Government and the Prime Minister for promulgation according to their authorized legal documents on the administrative boundaries and dossiers and maps of the administrative boundaries at all levels, including: a) Decree No 119 / CP of September 16, 1994 of the Government promulgating regulations on management, use of dossiers, topographical maps and landmarks of the administrative boundaries at all levels; b) Decree No 12/2002 / ND-CP dated January 22, 2002 of the Government on geodetic and cartographic activities; c) The Prime Minister's Decision No 83/2000 / QD-TTg, July 12, 2000 on the use of Vietnam's National Reference System and Coordinate system; d) Circular No 28 / TCCP-ĐP, March 17, 1995 of the Government Commission on Organization and Personnel (now the Ministry of Home Affairs) guiding the implementation of Decree No 119 / CP of September 16, 1994 of the Government on issuing regulations on management, use of profiles, geographic maps and landmarks of the administrative boundaries at all levels; e) Joint Circular No 06/2006 / TTLT-BTNMT-BNV-BNG-BQP dated June 13, 2006 of the Ministry of Natural Resources and Environment, the Ministry of the Home Affairs, the Ministry of Foreign Affairs and the Ministry of Defense on guiding and managing the measurement of the map of the administrative and national boundaries f) Decision No 12/2008 / QD-BTNMT dated December 18, 2008 of the Ministry of Natural Resources and Environment promulgating the national technical regulation on the delimitation of the administrative record and compiling the dossier of the administrative boundaries at all levels Currently, the number of district and commune administrative units which does not meet the natural area standards, the population size as stipulated in Resolution No 1211/2016 / UBTVQH13 of the National Assembly Standing Committee is very large 14 There are 588/713 district-level administrative units (accounting for 82.47%) that have not met the standards of area and population; of which 259 units (accounting for 36.33%) have not yet reached 50% of of the area or population standards, with 18 units (accounting for 2.52%) and have not reached 50% of both criteria area and population standards There are 9,434 / 11,162 communal administrative units (accounting for 84.51%) that not meet the standards of area and population; of which 6,191 units (accounting for 55.46%) have not yet reached 50% of of the area or population standards, 637 units (accounting for 5.71%) and have not reached 50% of both standards area and population The digitized data of the administrative boundary map of all levels, established according to Directive 364-CT, has been digitized by the Government Commission for Organization and Personnel (now the Ministry of the Home Affair) and put into management in the computer system at HN 72 Coordinate system and has not been transferred to the VN-2000 coordinate system, especially the construction of the database of the administrative boundaries has not been implemented in accordance with national regulations on basic geographic information issued by the Ministry of Natural Resources and Environment 3.2 State Management of Administrative Boundaries at District level in our Country The current management of the administrative boundaries has been in order and modernized Implementing the 1992 Constitution on division of administrative units of the Socialist Republic of Vietnam is to clearly define the scope of management by territorial areas among provinces and centrally-run cities; among districts, towns, provincial cities and among communes, wards and towns on land and sea Securing the road of the administrative boundary at all levels and unifying with the national border line On May 2, 2012, the Prime Minister issued Decision No 513 / QD-TTg on approving the project "Completing, modernizing the profile and maps of the administrative boundary and building a database of administrative boundaries’ with the aim to build a set of administrative documents, maps and databases of the administrative boundaries at all levels, ensuring scientific, complete, legal accuracy and unification as a legal basis in state management of the administrative boundaries and formulate strategies, plans for socio-economic development in the whole country, territories and localities The resolution of the land disputes related to the administrative boundaries is carried out and settled by the involving inter-central and local authorities through practical survey, plans submitted to authorities Using specialized software to build a database of information on the administrative boundaries (GIS geographic information); building management software and use information on the administrative boundaries to fully meet the needs of state 15 management in an open, easy type to update, supplement necessary information, apply and use In the state management of administrative boundaries, the Ministry of Planning and Investment hosts and coordinates with the Ministry of Finance in allocating annual budget plans to ensure the project implementation schedule; guide and examine the use and settlement of project funds according to the regulations of the State Budget Law Local authorities, namely People's Committees of provinces and cities (directly under the Central Government) are responsible for developing detailed plans and giving cost estimates to ensure the implementation of the project in the locality according to progress as in the annual plan The Provincial People's Committee organizes the measurement, marking of the landmark coordinates, drawing diagrams of the landmark and preparing administrative boundary files and maps at all levels in the local After burying the landmark, the Provincial People's Committee organizes a legal signing conference for the files and maps of the administrative boundaries at all levels for the local administrative units and adjacent administrative units Ministry of Home Affairs established a Project Management Board to help Ministry Leaders and Committee implement the project The Ministry of Home Affairs organized training classes: For ministries and central agencies: leadership representatives and officers of specialized departments whose work related to the management of the administrative boundary, measurement and mapping (each ministry and central agency introduces 02 officers); For provinces and cities (directly under the Central Government): representatives of leaders, experts of the Department of Home Affairs, Department of Natural Resources and Environment (each unit introduces 02 officers); For rural districts, urban districts, provincial capitals and towns: representative leaders, specialists of the Home Affair Department, Department of Natural Resources and Environment (each department introduces 02 persons); For communes, wards and townships, including: the chairman of the People's Committee, the cadastral official and the village head or the head of the population group The provinces and cities directly under the Central Government clearly determine the administrative boundaries at the provincial level Localities develop plans for administrative boundary management of the district level according to steps specified in Decision No 513 / QD-TTg dated May 2, 2012 of the Prime Minister and the Project of the Ministry of Home Affairs The Provincial People's Committee establishes a Committee to guide and implement the project, complete and modernize the profile and maps of the administrative boundaries and to build a database on the provincial administrative boundaries Provincial People's Committee assigns the Department of Home Affairs to advise the Chairman of the Provincial People's Committee to set up the Committee for Project Implementation; chair and coordinate with the Department of Natural Resources and 16 Environment to organize a training workshop to guide the implementation of the Project; coordinate with relevant departments, agencies to develop the Technical Design - specific cost estimates for the Project work items and report to the Provincial People's Committee and submit to the Ministry of Home Affairs and the Ministry of Natural Resources and Environment for evaluation and approval; To take the prime responsibility for, and coordinate with the concerned departments, branches and branches in, inspecting and finalizing the field boundary lines and landmarks and organizing consultations and agreements on the determination of the plains between districts; Chairing the consultancy, The provincial People's Committee directs, urges and inspects the implementation and completion of modernization records and maps in the whole province under the guideline of the Prime Minister and the Ministry of Home Affairs People's Committees of districts and towns set up district-level assisting teams to carry out the inspection and acceptance of the administrative records of districts and communes State management for the administrative revisions of districts, towns and provincial cities shows the implementation of the Prime Minister's Decision No 513 / QD-TTg dated May 2, 2012 on approving the Project " Completing and modernizing administrative boundary records and maps and building a database on administrative boundaries " and Decision No 785 / QD-BNV dated August 31, 2012 of the Minister of Home Affairs on promulgation Implementation plan of the project "Completing and modernizing the profile and maps of the administrative boundaries and building a database of administrative boundaries 3.3 On-site landmark management of administrative boundaries at district level The Government regulates the prohibition of relocation, demolition of the landmark, deforming, taking advantage of it to serve or use for personal purposes or to cause obstacles to cover boundary signs People's Committees at district level are responsible for managing boundary landmarks within their scope of the management Commune People's Committees are responsible for protecting in site boundary landmarks, organizing propaganda and mobilizing people to participate in the protection and management of local boundary landmarks In case the boundary signs are shifted and damaged, they must promptly report in written form to district-level People's Committees District People's Committee synthesizes the cases under the approval authority of the City People's Committee to report in written form to the Department of Natural Resources and Environment to have a plan to fix it up Annually, the urban and land planning management agencies at all levels have to organize the inspection of boundary management, the boundary placement dossiers and assign localities to manage as regulated 17 3.4 Administrative boundary disputes and settlement at district level 3.4.1 Authorities of settlement of administrative boundary disputes According to the provisions of Clause 4, Article 29 of the Land Law 2013, the settlement of the administrative disputes between the administrative units is jointly carried out by People’s Committee of those units In case of failing to reach agreement on the delimitation of the administrative boundaries or the settlement changes the administrative boundary record, the settlement authority is prescribed as follows: • In case of a dispute related to the boundaries of the administrative units of provinces and cities directly under the central government, the Government will submit to the National Assembly for decision; • In case of a dispute related to the boundaries of the administrative units of districts, towns and cities of the province, communes, wards and townships, the Government submits to the Standing Committee of the National Assembly for decision • Ministry of Natural Resources and Environment, land management agencies of provinces, cities under Central authority, districts, towns and provincial cities are responsible for providing necessary documents and coordinating with state agencies to resolve the administrative disputes 3.4.2 Settlement of administrative boundary disputes at district level A summary of years of implementing Directive No 364-CT (1991-1995) recorded 53/53 provinces and cities directly under the Central Government; 568/568 administrative units of districts, towns, provincial cities and 10,182 / 10,182 administrative units of communes, wards and towns in the country have solved 5,479 areas of land disputes related to the administrative boundary at all levels, including 406 provincial disputed areas; 5,073 disputed areas at district and commune levels At the same time, a set of administrative documents and maps has been built at all levels as a legal basis for the state management of administrative boundaries However, after the implementation of Directive 364-CT, there still existed 26 areas of land disputes related to the administrative boundary between the provinces and cities directly under the Central Government The Ministry of Home Affairs has chaired and coordinated with relevant ministries, branches and localities to resolve land disputes related to the administrative boundaries of provinces Up to now, 11 areas of dispute have been completely resolved, including: 01 area between Binh Thuan and Ba Ria - Vung Tau province: 02 areas between Quang Binh and Ha Tinh province; 08 areas between Hoa Binh province and Hanoi city Administrative boundary dispute and settlement between Quang Tri and Thua Thien Hue province, between Gia Lai and Kon Tum province has been reported and summited to the Government so that the Government will submit it to the National Assembly for final decision Currently there are 13 areas of dispute that need to be solved in the upcoming time: administrative boundary dispute between Kien Giang and Bac Lieu province at the area 18 next to Canh Den; between Quang Ninh province and Hai Phong city in 02 areas - Nha Mac beach and the North area and Eastern area of Cat Ba Island; between Hai Duong province and Hai Phong city in Quy Cao farm area; between Hoa Binh and Ninh Binh province in 04 areas - Mang Ech area, Lim Hill center area, Han stone area and Cat Dun temple area; between Hoa Binh and Thanh Hoa province in Van Mai area; between Vinh Phuc province and Hanoi city in the area of Chan Chim mountain range; between Khanh Hoa and Dak Lak province in Hoa Ninh - Ea Trang area; between Dong Nai province and Ho Chi Minh City in Go Gia area; between Thua Thien Hue province and Da Nang city in Hai Van area In addition, in recent years, the Ministry of Home Affairs has chaired and coordinated with related ministries, branches and localities to solve some of the district administrative disputes that arise due to inconsistency between records, map with management among localities such as Hoa Binh and Phu Tho province, Bac Kan and Thai Nguyen province, Vinh Phuc and Thai Nguyen province, Nghe An and Ha Tinh province Regarding authority to settle disputes: In this case, the forest in dispute is not entirely in the territory of village X but encroached on the neighboring commune, so according to the Land Law 2003 13/2003 / QH11, land disputes related to boundaries between the administrative units will be jointly resolved by the People's Committees of those units; In case the agreement is not reached or the settlement of the administrative boundary changes the original boundary record, the issue is set out as follows: 1) The dispute related to the administrative boundary of the administrative units of the province or centrally-run city is due to the National Assembly settlement; 2) In case of disputes related to boundaries of the administrative units of districts, towns, provincial cities, communes, wards and townships, the Government will settle it 3.5 Assessment of state management of administrative boundary at district level 3.5.1 Achievements a) Advantages of building and completing law on administrative boundary at district level Considering the process, the law on the administrative boundary at all levels in general and district in particular has been taken care by the Party and the State; which is increasingly complete both in form and content Especially, after the 2013 Constitution was promulgated, the content and legal form of the administrative boundary changed fundamentally With the change in authority from the Government to National Assembly Standing Committee, there has been a fundamental change in processes and procedures Besides, the regulations, principles, standards, criteria for classifying administrative units as well as the establishment, dissolution, merger, division and adjustment of the administrative reform at district level have been improved specifically, more focused in legal documents with high legal 19 value Many regulations have been upgraded from legal documents to laws and resolutions of National Assembly Standing Committee The construction, forms and contents of the scheme of localities; proposals and appraisals from the Government, as well as the verification process of the National Assembly Standing Committee to review, discuss and decide on the establishment, dissolution, merger, division and adjustment of the administrative boundary at district level are implemented uniformly 3.5.2 Shortcomings and causes 町 Shortcomings: Although the current law on the district's administrative boundary has been improved compared to the previous periods, there are still some limitations and shortcomings such as: 町 First of all, it has not been focused yet and the legal value is not very high 町 Secondly, the issuance of guiding documents and detailed regulations has been still slow, leading to a lack of action and practice 町 Thirdly, there are still regulations that not ensure consistency and synchronization 町 Fourthly, it has not kept up with some new and particularly important guidelines of the Party on reforming the state apparatus, especially on reducing the apparatus and staff, so it has not shown a common tendency policy which is recommended to merge instead of separating 町 Fifthly, new regulations for the implementation of the authority to establish, dissolve, merge, divide and adjust the boundaries below the provincial level have not shown the difference when National Assembly Standing Committee performs various acts such as establishment, dissolution, merger, division or adjustment of boundaries 町 Sixthly, there has been no guarantee of completeness, detail and specification CHAPTER ORIENTATION, RECOMMENDATIONS AND SOLUTIONS TO IMPROVE THE EFFECTIVENESS OF STATE MANGAMENT ON ADMINISTRATIVE BOUNDARIES AT DISTRICT LEVEL IN VIETNAM 4.1 Orientations to improve the effectiveness of state management of administrative boundary at district level Firstly, in long term, it is recommended to study and amend the current Constitution and regulations to increase the authority for the executive and local authorities in the decision to establish, dissolve, merge, divide the administrative units and adjust the administrative boundary at district level Secondly, it must be consistent with the views and guidelines of the Communist Party 20 of Vietnam and the ideology of the 2013 Constitution on local authorities Research should be made to simplify the authority to develop a scheme on establishment, dissolution, merger, division and adjustment of administrative boundaries The local government organization law has been simplified but it is still complicated The continued simplification is necessary and suitable for some of the following reasons: First of all, the political system of our country has a high unity; in which the authorities from the province to the district have a high agreement on the general guidelines and policies, Therefore, it is not necessary to organize a resolution at all three levels of commune - district - province when setting up a scheme on establishment, separation, merger, dissolution and adjustment of the administrative boundaries at the provincial level Secondly, most of the guidelines, policies and starting proposals are derived from the provincial-level committees and authorities on administrative boundary in the province Although the law stipulates that the district will propose the establishment, separation, merger, dissolution and adjustment of administrative boundaries, then submit to the Department of Home Affairs for appraisal and submit to the provincial People's Committee for approvals However, in fact, most of these are policy ideas from provincial leaders Thirdly, the qualifications of cadres and civil servants in local governments in general, especially at district and commune levels are very limited It is necessary to ensure consistency, synchronization, and detail to create a strong legal basis for implementation: Firstly, the improvement of the law on the administrative boundary at all levels of local authorities must originate from a comprehensive point of view to effectively implement the establishment and separation, merger, dissolution and adjustment of administrative boundaries Secondly, the organization and operation of the administrative boundary in general depends on many areas of law on land, resources, planning, construction, finance Thirdly, it must originate from practice and ensure the stability of the administrative units and effectiveness of local authorities and meet the requirements of state management, socio-economic development, human rights and citizenship Fourthly, it must be based on and comprehensively enforce the Local Government Organization Law Fifthly, focus on completing the process and procedures in the establishment, separation, merger, dissolution and adjustment of the district-level administrative boundaries Sixthly, continue to build and fulfill standard quantitative and qualitative sets for the establishment, separation, merger, dissolution and adjustment of administrative boundaries Seventhly, it is necessary to clarify the conditions, standards, processes and procedures of type of activity and the relationship between them 21 4.2 Solutions to improve the effectiveness of state management of administrative boundaries at district level 4.2.1 Establish and issue legal documents related to the administrative boundaries at district level In order to establish, dissolve, merge, divide the administrative units and adjust the administrative boundaries at district level, National Assembly Standing Committee and the concerned individuals and organizations must refer many relevant legal provisions, especially the model of local government organization, administrative unit classification, planning of socio-economic development plan 4.2.2 There should be specific legal regulations on administrative boundaries at district level Regarding the authority to make decision, it is necessary to specify more clearly the content of authority; on the other hands, the study is to redefine the authority to ensure the rationality and feasibility Firstly, it is important to standardize concepts and terms to ensure the scientific, accurate, unified understanding of the content of the authority of National Assembly Standing Committee Secondly, it is recommended to supplement some regulations to clarify the content of authority distinction between decisions to constitute this authority of the National Assembly Standing Committee (the current law does not regulate this issue) This is particularly important, specifically, it is recommended to issue a new Ordinance or Resolution by the National Assembly Standing Committee or revising the Law on Local Government Organization to supplement important content 4.2.3 Limit the separation and adjustment of administrative units regarding the principle of ensuring the stability of the administrative unit system Limit the separation and adjustment of the existing administrative boundary and only adjust in case there is no other alternative; overcome and stop looking for solutions to separate the administrative units whenever there is an increase in population, economic growth, even when there is disagreement or interest conflict among the local leaders and managers 4.2.4 Expeditiously review the overall administrative boundaries at all levels, including district level Firstly, reviewing the overall administrative assessment at all levels in general and district level in particular, especially in urban areas to determine the reasonableness in the establishment, dissolution, merger and adjustment of the administrative boundaries with the aim to re-evaluate the results and limitations in the establishment, dissolution, merger, division and adjustment of the district-level administrative boundaries 22 Secondly, build a comprehensive plan on administrative boundaries of all levels at the national aspect in line with the socio-economic development planning as a basis for promulgating regulations on controlling the establishment, separation, and merger of administrative boundaries in the whole country so that the provinces and central cities have a legal basis to implement effectively 4.2.5 Modernize and build a database on administrative units and administrative boundaries Speeding up the progress of the project "Completing, modernizing the administrative boundary records and maps, building a database of administrative boundaries" and promulgating legal documents on management, use and updating Database of the administrative boundary which is the basis for the establishment, merger, dissolution, separation and adjustment of the administrative boundary in the future in the scientific and systematic orientation 4.2.6 Maximizing and realizing the role and participation of the people In addition, the author also recommended a few solutions to solve the problems of the administrative boundary as well as conservation for relics and heritage located in the disputed area Thus, the improvement of the law on the establishment, separation, merger, dissolution and adjustment of the district administrative boundary must aim at strengthening the responsibility of the drafting agency; clearly identify the role of people in the organization and implementation of the relevant regulations CONCLUSION State management of the administrative boundary at district level is a need and an important requirement of each country to create a legal framework for territorial state management and organizational innovation and operation, to maximize the advantages and capacities in all aspects of administrative units, thereby contributing to ensuring national defense, security, social order and socio-economic development Therefore, in Vietnam as well as other countries in the world, it is very important to build and fulfill the law on this issue and consider it a regular task to be studied In order to re-establish discipline in this issue, the 2013 Constitution had new ideas on state power organization, organization and operation of local governments; accordingly, change the authority to decide on the establishment, dissolution, merger, division and adjustment of the administrative unit of the district level to Standing 23 Committee of the Committee instead of assigning it to the Government as the 1992 Constitution To bring the 2013 Constitution into life, it needs to be institutionalized, concretized into legal normative regulations under the constitution It can be seen that the 2013 Constitution has changed fundamentally in terms of authority - as a result of new awareness in this issue in the relationship between legislative and executive factor The change in authority determination will lead to changes in law on this issue Recognizing the necessity, urgency and importance of the problem, the thesis has studied and clarified the theoretical and practical basis, thereby proposing solutions to improve the state management on the district-level administrative boundary in the upcoming time The results of theoretical research have clarified the concepts and characteristics of related issues; determined the role, content and form of state management on the district-level administrative boundary as well as build a criteria system for state management on the district-level administrative boundary This is a theoretical foundation to identify research issues, study and evaluate practices, propose views and recommend relevant solutions 24 ... report in written form to district-level People's Committees District People's Committee synthesizes the cases under the approval authority of the City People's Committee to report in written form... in Decision No 513 / QD-TTg dated May 2, 2012 of the Prime Minister and the Project of the Ministry of Home Affairs The Provincial People's Committee establishes a Committee to guide and implement... boundaries Provincial People's Committee assigns the Department of Home Affairs to advise the Chairman of the Provincial People's Committee to set up the Committee for Project Implementation; chair