MINISTRY OF TRAINING AND EDUCATION MINISTRY OF HOME AFFAIRS NATIONAL ACADEMY OF PUBLIC ADMINISTRATION NGUYEN DUC QUYEN REGULATION IMPACT ASSESSENT OF PROVINCIAL GOVERNMENT Specialisation: Public Management Code: 9.34.04.03 EXECUTIVE SUMMARY OF PHD THESIS IN PUBILC ADMINISTRATION HANOI, 2020 This thesis was completed at National Academy of Public Administration Supervisors: Prof., Dr Nguyen Van Tham Dr Ha Quang Thanh Reviewers 1: ……………………………………………… Reviewers 2: ……………………………………………… This thesis will be defensed at the Academy level thesis defense committees Location: Thesis defense and Meeting room … Building ……, National Academy of Public Administration No: 77 Nguyễn Chí Thanh street- Đống Đa District- Ha Noi Time: at ……… h … date … .month … year 2020 The thesis can be found at Vietnam National Library or Library of National Academy of Public Administration PUBLICATIONS OF AUTHOR Nguyen Duc Quyen, Quality of RIA at the provincial Government in Vietnam, Leadership and Policy Innovation in the digital Age, Special numbers for 12/2019 Nguyen Duc Quyen, Research about criteria for RIA at the provincial Government in Vietnam, Journal of Education and Society, Special issue 2, 6/2018 Nguyen Duc Quyen, Research about experience of RIA control of some countries, Journal of Education and Society, Journal of Education and Societ, No - 7/2018 Nguyen Duc Quyen, Improving quality of legal documents by provincial Government in public sector reform- a practical approach, Journal of State Management, 9/2014 Nguyen Duc Quyen, Implementation on Legal document Law in Ho Chi Minh City, Journal of State Management, 10/2014 INTRODUCTION Rationale of study The first reason is due to the important role of legal documents in state management activities of provincial governments Legal documents are one of important tool in the management activities of local governments, including the People's Council and the People's Committee of the province The second comes from the practice of assessing the impact of legal documents of provincial governments This has been the cause of many poor quality documents During the evaluation process, the participation of entities outside the Department of Justice and specialized civil servants is small The actors participating in the evaluation activities have not been methodically instructed; not yet fully publicize the results of the impact assessment report on legislative documents for organizations and individuals to contribute and supervise; limited accountability of legal normative agencies is the source of the limitations in the legal normative impact assessment activities These limitations need to be understood in order to provide appropriate solutions to improve the quality of provincial legal documents Not only that, the important issue is that the impact of the text has not been thoroughly considered and has not created reference standards for the promulgation of legal documents In the long run, the impact assessment of legal documents has been neglected and has not been given adequate attention by issuing agencies Activities of document impact assessment of provincial governments have not been properly focused so the quality is not high In other words, it is imperative and urgent to understand the impact of legislative documents issued by provincial governments to improve the quality of the legal normative document The third comes from the reality of the study on the impact assessment of legal documents of provincial governments In terms of scientific research, there have not been many studies on impact evaluation of legal documents issued by local authorities At present, there is little research in the field of impact assessment of legal documents of People's Councils and Provincial People's Committees Especially the theoretical system of impact assessment of legal documents of the People's Councils and Provincial People's Committees in Vietnam is not only scattered but also fragmented and incomplete, systematic From the above interpretations, the author finds that the study of the impact of legal documents is very necessary, both of high theoretical and practical value and has chosen the topic "Impact assessment of legal documents of provincial governments ”to study and make his doctoral thesis in Public Management The purposes and research tasks of thesis 2.1 Research purposes The dissertation's research purpose is through the study of impact assessment activities before the legal documents of provincial governments to propose solutions to further improve this activity, indirectly contributing to improve the quality of legal documents of provincial governments 2.2 Research tasks of the thesis Firstly, an overview of national and international research works on impact assessment of legal documents of provincial governments Secondly, forming the theoretical framework for pre-impact assessment of legal documents of provincial governments, including: Systematizing theoretical issues on legal documents issued by the local authorities; Systematize theoretical issues related to impact assessment of local government legislative documents; Develop evaluation criteria for impact assessment activities of legislative documents of local governments; Studying practical experiences of some countries related to previous impact assessment activities of legal documents Thirdly, analyzing the status of activities to assess the impact of legislative documents of provincial governments from there to make recommendations and solutions to improve the quality of this activity Whereby: - Conducting survey on impact assessment of legal documents promulgated by local authorities - Identify the status of activities of assessing the impact of local legal documents at the provincial level - The analysis finds the causes that led to the limitations in the implementation of legal document assessment activities of the provincial governments Fourth, seek solutions to improve the impact assessment activities of provincial governments to contribute to improving the quality of provincial legal documents Research focus and scope 3.1 Research focus In the scope of this thesis, the author focuses on clarifying the impact assessment activities before the legal documents issued by the provincial governments 3.2 Research scope Locations of research: Provincial governments in Vietnam Scope of content: focus on analyzing and clarifying impact assessment activities before legal documents of provincial governments Time range: The thesis conducted the survey from March 2016 to September 2016 Secondary data was collected from 2015 to the present Methodology and researh methods 4.1 Research methodology The methodology is the principles of dialectical materialism and historical materialism, the Party's views and policies 4.2 Research methods The first is the method of collecting secondary documents Secondly, the method of sociological investigation is also used in this thesis In order to carry out the research, the thesis conducts a survey of civil servants in some localities including Binh Phuoc province, Ho Chi Minh City Can Tho City HCM City Da Nang, Lam Dong, Hung Yen, Bac Lieu, Phu Yen and Vinh Phuc Thirdly, methods of analysis and synthesis The documents, information and data collected were analyzed, evaluated and reviewed by the author on aspects of legal science and public policy science The author also summarizes conclusions about the practical work of elaborating and promulgating legal documents of provincial governments in Vietnam today Scientific hypotheses and research questions 5.1 Scientific hypotheses Impact assessment of legislative documents of local governments in Vietnam is currently not guaranteed, indirectly making the quality of legal documents issued not good Accordingly, there should be solutions to improve the quality of this assessment From the general hypothesis above, the thesis offers the following specific hypotheses: - Impact assessment activities before legal documents of provincial governments mainly focus on aspects in accordance with the legal system, the system of administrative procedures that overlook or ignore the Other aspects such as economic, social and gender aspects - Provincial governments mainly use qualitative methods in impact assessment documents - The impact assessment activities before the legal documents of the provincial governments have not been carried out according to a scientific and unified process - The problem of controlling and evaluating the impact of legal documents has not really been considered in the impact assessment activities of the provincial authorities 5.2 Research questions - The most general research question is: How is the impact assessment activity before the current provincial legal documents? - Accordingly, there are specific research questions as follows: - Is the content of impact assessment before existing provincial legal documents guaranteed? - How is the impact assessment before the legal documents of provincial governments take place? - Is the actor of the impact assessment before the legal documents of local governments guaranteed? - How is the impact assessment method applied to legal documents of provincial governments? - How is the control of the impact assessment activities before the current provincial legal documents? - What causes the limitations of valuable activities impacting on legal documents of provincial governments? - What solutions are needed to make this activity more secure? Scientific and practical significance of the topic Regarding scientific significance: The thesis has made positive contributions to the systematization of the theory of prior impact assessment of legal documents which are still scattered in the context of research in Vietnam; propose criteria (content) to assess the previous impact of legislative documents of provincial governments In terms of practical significance: The thesis provides an objective view of the current status of the previous assessment of legal documents at this level of government Thereby making recommendations to relevant state agencies at the central and local levels on solutions to improve the quality of pre-legal assessment activities of provincial governments Not only that, the thesis is also an essential reference for teaching about laws and promulgating legal documents in domestic training institutions New points of the thesis Through the research process, the thesis has some new points below: Firstly, the thesis does not focus on text impact assessment like RIA studies, but focuses on analyzing and evaluating the impact assessment process before legal documents This is a new research content that has little research in Vietnam Secondly, the thesis has built a theoretical framework to evaluate the impact assessment process before legal documents This theoretical framework both helps the thesis analyze and assess the status of this activity, while bringing new values to the development of RIA implementation standards of provincial governments Thirdly, the thesis also mentioned a very new issue of the implementation of impact assessment before legal documents of provincial governments, which is the control of evaluation activities This is new content, little research in Vietnam The thesis has presented the theory and the reality of control activities This is the value and new point that the thesis has achieved Structure of the thesis In addition to the introductory nature, the main content of the thesis is structured with four chapters: Chapter Overview of research topics Chapter Rationale for prior impact assessment of legislative documents issued by provincial governments Chapter Actual status of impact assessment activities before provincial legal documents Chapter Improving the impact assessment activities before the provincial legal documents Finally, the conclusion and the list of references CHAPTER OVERVIEW OF THE RESEARCH SITUATION RELATED TO THE TOPIC AND PROBLEMS CONTINUED TO RESEARCH 1.1 Overview of research situation related to the thesis This thesis summarizes the research situation related to the topic in two groups: studies related to the promulgation of legal normative documents of provincial governments and groups of studies related to impact assessment activating legislative documents of provincial governments For researches relating to the promulgation of legal documents of provincial-level local governments In Vietnam, there are many studies related to the promulgation of legislative documents of provincial governments, and often focus on important issues such as: studies on the competence to promulgate legal documents violating laws of provincial governments; studies on the promulgation and implementation of legal documents of provincial governments In general, the research works on legal documents of foreign scholars contain a lot of content related to the analysis of basic skills to develop a legal document, serving mainly in the field of litigation in developed countries The application of this knowledge in Vietnamese conditions requires careful research and refinement as appropriate Group of studies related to impact assessment of legal documents of provincial governments The domestic research on impact assessment of legislative documents is not much and focused mainly on some important contents such as the concept, role, process, method and actors of impact assessment legal documents 1.2 Evaluate research works and issues that need further study After reviewing the scarce capital studies on impact assessment of legal documents published in Vietnam and in the world related to the thesis topic, the author of the thesis found that: - The studies of provincial-level local governments in the state system help the thesis author clearly recognize the role and position of provincial-level local governments to understand the operation of issuing legal documents laws of this level, as a basis for analyzing the status of the impact assessment of legislative documents - Researches related to the issuance of legal documents provide the author with the knowledge related to the process of promulgating legal documents of provincial governments This is the basis for the author of the thesis to understand the impact of the assessment of legal documents in the process of developing legal documents - The research team involved in the text impact assessment has many good content and can be inherited the most for this thesis It is the impact assessment process, the evaluation method, the requirements for the assessment and the issues to be considered when conducting the impact assessment These are contributions both in terms of theory, practice and solutions This knowledge was acquired by the author in the process of understanding the status of impact assessment of legal documents, as well as solutions to improve this activity In addition to the acquired knowledge presented above, there are still many issues related to the thesis topic which needs further study Can be stated as follows: Firstly, the impact assessment activities before the legal documents of the provincial governments have been little studied Studies have not focused on clarifying the status of this activity Most of the research focused on RIA assessment, not on the organization of impact assessment of legal documents of local governments Secondly, there are many theoretical issues on impact assessment of legal documents, but very few theoretical studies related to the organization of impact assessment of legal documents In other words, the theoretical framework of activity assessment (organization) assessing the impact on legal documents of provincial governments has been mentioned and researched by some authors but still brings generality and not associated with local government Accordingly, the dissertation needs further research so that it can provide the contents related to the theory of impact assessment activities before the legal documents of provincial governments Thirdly, the issue of controlling the impact assessment activities is still a new issue and has not been studied by domestic researchers Therefore, in this thesis, the author continues to study the issue of control in impact assessment activities before legal documents of provincial governments Control of impact assessment of legal documents plays an important role in making assessment activities scientific, public, transparent and quality However, at present in Vietnam, this important issue has not been adequately studied and researched Fourth, another issue that is left out of research is the solution to improve impact assessment activities before legal documents The 2.1.4.2 The system of legal documents Currently according to the Law on Promulgation of Legal Documents 2015, the system of legal documents in our country is divided into 15 categories, as shown in the Table below: - Constitution - Code, law (collectively referred to as law), resolutions of the National Assembly; - Ordinances and Resolutions of Standing Committee of the National Assembly; joint resolutions between the Standing Committee of the National Assembly and the Presidium of the Central Committee of the Vietnam Fatherland Front; - Orders and decisions of the President; - Decrees of the Government; joint resolutions between the Government and the Presidium of the Central Committee of the Vietnam Fatherland Front; - Decision of the Prime Minister - Resolutions of Judges Council of the Supreme People's Court - Circulars of Chief Justice of the Supreme People's Court; circular of the Chairman of the Supreme People's Procuracy; circulars of ministers and heads of ministerial-level agencies; joint circular between the Chief Justice of the Supreme People's Court and the Head of the Supreme People's Procuracy; joint circulars between ministers, heads of ministerial-level agencies, and presidents of the Supreme People's Court and the chairman of the Supreme People's Procuracy; decisions of the State Auditor General; - Resolutions of People's Councils of provinces and cities under central authority (hereinafter referred collectively to as provincial level); - Decisions of provincial People's Committees; - Legal documents of local governments in special administrative - economic units; - Resolutions of People's Councils of rural districts, urban districts, towns, provincial cities and centrally run cities (hereinafter referred collectively to as district level); - Decisions of the district people's committee; - Resolutions of People's Councils of communes, wards and townships (hereinafter referred collectively to as communal level); - Decision of the People's Committee of the commune 2.2 Impact and impact assessment before legal documents of provincial governments 10 2.2.1 Impact assessment and impact before legal documents of local governments at provincial level 2.2.1.1 The concept of impact assessment and impact assessment of legal documents The impact assessment of legislative documents of provincial governments is a summary of the steps organized by provincial governments in a process to serve the expected impact results policy options and provide appropriate explanations or recommendations for the enactment of a local legal document, making an important contribution to improving the quality of the promulgated legal normative documents 2.2.1.2 The role and significance of impact assessment of legislative documents Impact assessment of prescribed legal documents is a mandatory step right from the stage of proposing law formulation Impact assessment helps to anticipate the necessary measures to minimize negative impacts In this respect, the legal impact assessment contributes to the dissemination of policies and laws of the state Assessing the legal impact of attracting the participation of the parties, the parties feel their role in that policy and law As a result, mobilizing their participation in the implementation of state policies and laws will become easier and more effective Thanks to the policy impact assessment activities in the promulgation of legal documents, the inflation situation of legal documents has been improved because it was only issued after having considered relatively enough social and economic impacts and see the benefits of implementation outweigh the costs 2.2.2 The content of impact assessment of legal documents According to Nguyen Van Cuong, the content of interest in policy impact assessment includes the following basic contents: Economic impact assessment; Social impact of the policy; Gender impact of policy; Impact of administrative procedures (if any); Impact on the legal system 2.2.3 Process of evaluating legal documents According to author Nguyen Van Cuong, it is possible to offer a text impact assessment process (what the author calls the policy impact assessment process) has five steps from planing, implementing, alternative choice, consultation and completing the final RIA 2.2.4 Actorss assessing the impact of legal documents 11 In a different approach, the impact assessment actorss are those that carry out the impact assessment of policies The author identifies four main target groups involved in the impact assessment These actorss may include: civil servants working in the field related to the policy being implemented; experts in the related field or field; organize independent assessments; and policy implementation organization 2.2.5 Method of policy impact assessment The assessment method is approached according to two contents: the method of information collection and the method of conducting policy impact assessment activities Methods to carry out policy impact assessment activities include: qualitative evaluation methods and quantitative evaluation methods 2.3 Controlling and assessing the impact of legal documents of provincial governments 2.3.1 Objectives and concepts of controlling and evaluating the impact of legal documents of provincial governments Impact assessment of legislative documents is the scientific process of examining and correctness of the impact of legal document impact assessment The objective of controlling and evaluating the impact of legislative documents includes 04 goals First of all, the control and evaluation of legislative documents by provincial-level governments to ensure the science and accuracy of the impact assessment of legal documents Second, control and evaluation of legal documents by provincial governments to control the cost of implementing this activity Thirdly, to control and evaluate legislative documents of provincial governments to ensure the evaluation of legal documents of provincial governments to ensure evaluation information, assessment content be public, transparent, get the public's approval Fourth, the purpose is to increase the accountability, and accountability of the agency conducting the impact assessment of legislative documents on impact assessment results 2.3.2 The content of controlling and evaluating the impact of legal documents of provincial governments 2.3.2.1 Transparency in policy evaluation consultations There are many ways to ensure the transparency of the assessment such as publicizing the impact assessment to the public as soon as possible compared with the time of considering the approval of the competent 12 authority; Clearly and scientifically presenting the opinions of the parties to the impact assessment report; Inform stakeholders, interested parties about the plan, draft impact assessment; Define a specific time for the consultation process and have clear, detailed documentation to help the consulting parties effectively participate in the consultation 2.3.2.2 Accountability and quality control of evaluation reports Accountability is understood as the obligation to provide information, explanation and willingness to face the consequences that may occur during the evaluation process In terms of policy impact assessments, accountability needs to be clearly defined: The agencies conducting the assessment are responsible for the quality of the policy process they develop and the evaluation documents that they create; Impact Control agencies are responsible for the quality of the audit control and the relevant functions they perform; Agencies issuing legal documents are responsible for the quality of legal documents they issue 2.4 Criteria frame for assessing the status of activities of assessing the impact of legal documents of local governments The first criterion is the criteria for the impact assessment The second criterion is about impact assessment method The third criterion is the impact assessment process The fourth criterion relates to the actors of impact assessment The fifth criterion is related to control issues in impact assessment 2.5 Impact assessment of legal documents in some countries and reference values The author studies experiences from 03 countries, Australia, New Zealand and Poland, and draws some lessons learned The Government has clear and detailed instructions on how to carry out the impact assessment of legislative documents The process of assessing the impact of legislative documents is detailed in the instruction manual Experience from both New Zealand and Australia shows that they value training for the public officials conducting policy impact assessments Another lesson to be learned is that it is necessary to consider and well the control of the evaluation of legal documents The important and very interesting point is that in Australia there is a legal document control department called RGU The effectiveness, effectiveness, and reasonableness of the cost of conducting legal impact assessments are also studied, investigated, evaluated and reported annually to all Australian states The evaluation, comparison of effectiveness and quality of policy impact assessment in Australia shows an important 13 lesson that it is necessary to control this process in localities to ensure that the assessment has efficiency and quality Chapter CURRENT SITUATION OF ASSESSMENT OF THE LEGAL IMPLEMENTATION OF LEGAL REGULATIONS OF LOCAL GOVERNMENT OF THE PROVINCE 3.1 Current practice of assessing the impact of legal documents of provincial governments in Vietnam at present 3.1.1 Regarding the content of impact assessment of legal documents of provincial governments Table 3.1: Contents of previous evaluation of legal documents Criteria No Yes Number % Number % Economic impact 208 80,6 50 19,4 assessment (Costs and benefits) Social impact 182 70,5 76 29,4 Gender impact 193 74,8 65 25,2 Impact of administrative 95 37,8 163 63,2 procedures (if any) Constitutional and legal 146 56,59 112 43.41 Suitabilit 75 29,07 183 70.93 Consistency 193 74,81 65 25.19 Compatibility with 246 95,35 12 4.65 international commitments to which Vietnam is a member (Source: Survey) 3.1.2 Regarding the method of evaluating the impact of legal documents of provincial-level local governments Regarding the method of collecting information, the survey results are shown in Table 3.2 as follows: Table Methods of collecting information Methods of collecting Số trả lời khơng Số trả lời có information Interview on the spot 228 88.37% 38 11.63% Send questions 234 98.78% 24 9.3% Organize meetings 81 31.40% 177 68.60% 14 Survey Step Others Organisati Cost estimation of administrative procedure legal document drafting organisations Collect comments about administrative procedure control from legal document drafting organisations Independent assesment of administrative procedure and RIA of issuing organisations 159 61.63% Organisations of RIA control 99 38.37% Organisations of 15 RIA control5.81% ons of RIA (Source: Survey) control Participants provide comments Stakeholders implement 3.1.3 their Regarding the process of assessing the impact of legislative independe of provincial governments documents Organisations of Consulation of legal document issuing organisations The process of assessing the impact of legislative documents is shown in the following diagram: Organisations of Collect opininions from relavant organisations and 243 target population 94.19% policy Send legal document to issuing organisations RIA control Figure Process of impact assessment of legislative documents of local governments before promulgation (Source: Ministry of Justice 2010) 3.1.4 On the actors of impact assessment of legislative documents of provincial governments Table 3 Impact assessment actorss of legal documents Agency in charge Department of Justice Outsource Respondents % Respondents % Respondents % 65 25 185 71 (Source: Survey) With the desire to clarify the role of the Department of Justice in document impact assessment, the thesis asks the next question, "The role of the Department of Justice in evaluating legal documents is shown how?" This question has four options for answering: playing a leading role, organizing implementation; plays the role of consultancy, technical and content support; plays the role of critic and commenter; act as the final reviewer Bảng Roles of Department Justice Roles Number Tỷ lệ % Leading and organizing implementation 168 65.1% Serving as a consultant, technical and 53 17% content support Play the role of criticism and comments 151 58.5% Acting as the final reviewer 19 7.4% (Source: Survey) 15 In order to further clarify the role of non-governmental organizations in the evaluation of legal documents, the dissertation raises the question: “Could you please let the NGOs participate? impact assessment activities legislative documents of provincial governments or not? ” The results are shown in Table 3.5 below Table Participation of NGOs in impact assessment Participation No participation Number % Number % 226 87.94 31 12.06 (Source: Survey) 3.1.5 Regarding the control and evaluation of legislative impact of provincial-level local governments 3.1.5.1 Transparency in consultation process Regarding the publication of the text impact assessment results, the survey results show that: Table 6: Publication of results of impact assessment of legal documents Not public There are public Number % Number % 184 71.32 74 28.68 (Source: Survey) Of the 74 Yes answers (28.68%), the thesis continues to ask more deeply, "If the answer is" yes ", please tell me, the results of the impact assessment are public Where is dad? " This question has four options for answers: within agency leadership; for everyone in the agency; on the mass media; on the agency's website The survey results show that the publication of the analysis results of the text impact assessment through the listed channels is not guaranteed The survey results are shown in Table 3.7 below Table 7: Location of impact assessment legal documents Location of NO Yes Publicity Number % Number % Inside leadership 227 89.98 31 12.02 Inside the agency 220 85.27 38 14.73 Mass media 235 91.09 23 8.91 Agency website 227 89.98 31 12.02 16 (Source: Survey) Another content related to transparency in the consultation process is to provide clear and scientific guidance to the parties involved in the impact assessment of legal documents so that these actorss understand regulations, processes, procedures that participate, interact more effectively in the impact assessment process of legal documents The basis for evaluating this aspect is the issuance of documentation Survey results in Table 3.8 below Table Guidelines for stakeholders Yes No Number % Number % 24 9.3 234 90.7 (Source: Survey) 3.1.5.1 Accountability and quality control In order to find out about the accountability of the actors who carries out the impact assessment of legislative documents, the law raises the question, ”Could you please tell us the impact assessment agency is willing to answer the question? questions about related parties' reports on the impact of legal documents? ” Table Willingness to answer questions Yes No Number % Number % 18 6.98 240 93.02 (Source: Survey) For further consideration of the accountability of the legal impact assessment actors, the dissertation continues to ask questions, ”Could you please tell us that the impact assessment organization organizes inquiries on related parties' questions about the impact of legal normative reports? Table 3.10 Organizing the interviewing session Yes No Number % Number % 17 25 9.69 233 90.31 (Source: Survey) 3.2 General assessment of the impact assessment of legal documents of provincial governments in our country today 3.2.1 Positive results Department of Justice has shown its important role in impact assessment of legal documents The issue of assessing the impact of legal documents of local governments at provincial level has been more and more concerned by the authorities than before Provisions on impact assessment of legislative documents of provincial governments in particular and legal documents in general were initially codified in the Law on Promulgation of Legal Documents 2015 The participation of individuals, scientific and technological organizations and nongovernmental organizations is increasing more and more than before 3.2.2 Negative results Firstly, the participation of entities outside the Department of Justice and specialized cadres and civil servants has been expanded, but still accounts for a low proportion Second, more notably, the agency that plays the role of the actors assessing the impact of legislative documents does not pay much attention to guiding other entities to participate in the impact of normative documents laws of provincial governments Few agencies have issued handbooks to guide stakeholders involved in the impact assessment of legislative documents of provincial governments Thirdly, the issue of publicizing the results of the impact assessment report on legal documents has not been paid enough attention Fourthly, the announcement of the results of the impact assessment of legal documents is not only focused but the channel of publication is also monotonous and has not been fully exploited Fifth, the accountability of the legal impact assessment agency is still limited Sixthly, the content of assessing the impact of the text is not comprehensive and only focuses on one aspect which is “relevance to reality” with little focus on other aspects such as “cost and benefit aspects” ” Seventh, the evaluation process is still general in lack of details The current review process only focuses on two steps: the self-assessment of the drafting agency and the evaluation of the legal document control body 3.3 The cause of the limitations Firstly, one of the reasons for limiting the quality of provincial government impact assessment activities is the skill in developing and 18 issuing legal documents of provincial governments is not guaranteed Secondly, besides, our country is currently lacking specific and detailed guidelines for the evaluation of legal documents of provincial governments Thirdly, the evaluation process has not been guided in detail and detail Fourthly, the regulations on accountability for text impact assessment activities are not specific, detailed and clear, creating many shortcomings Fifth, the legal corridor for the evaluation of legal documents by local governments at provincial level, though available, has not been sufficient and detailed Chapter VIEWPOINTS AND SOLUTIONS TO ENSURE ASSESSMENT OF LEGAL IMPACT LEGAL IMPLEMENTATION OF THE GOVERNMENT LOCAL LEVEL OF PROVINCE IN VIETNAM TODAY 4.1 Viewpoints to ensure the impact of the legal documents impact assessment of the provincial governments The first is the non-discriminatory perspective in the process of assessing the legal normative impact The second is a comprehensive perspective In this view, the entity that assesses the impact of legal documents should comply with the application of the principles of competition and the legal basis for economic activities, including goods and services, economics of private and public enterprises The third is the view on transparency The agency conducting the review should be transparent on policies and regulations, as well as on the process of implementing the impact assessment of legal documents The fourth is a view of responsibility The agency conducting the impact assessment of legal documents should clearly show its responsibility in the assessment process, ensuring that the assessment is clear, accurate and one of the reliable bases for the promulgation of legal documents The fourth is a view of participation The process of assessing the legal normative impact of provincial governments needs to involve many actors at each stage of the assessment process 4.2 Solutions to ensure impact assessment of legislative documents of provincial governments 4.2.1 Group of solutions on human resources capacity of provincial governments 4.2.1.1 Perfecting skills on building and promulgating legal documents for provincial governments 19 Firstly, it is necessary to have skills in drafting legal documents Secondly, it is necessary to equip regularly and continuously the process of drafting and promulgating legal documents for these individuals so that they are more aware of the important role and position of each stage in each stage process of developing documents so that compliance is strict and in compliance with regulations Thirdly, the knowledge on the development and promulgation of foreign legal documents should also be shared and disseminated to officials and public servants involved in the drafting and promulgation of legislative documents laws of the provincial government 4.2.1.2 Raise awareness of the role of impact assessment of legislative documents In the coming time, in order to raise the awareness of cadres and civil servants about the role of impact assessment activities of legal documents, some important measures need to be implemented Promote propaganda to cadres, civil servants in general and cadres and civil servants conducting impact assessment of legal documents in local governments Establishing regulations to enforce the compliance of ministries and civil servants to assess the impact of legal documents of local governments The Regulation provides for the responsibilities of persons conducting the impact assessment of legislative documents Conduct increased training for civil servants conducting impact assessment of legal documents so that they understand the importance of this activity 4.2.1.3 Improve the capacity of the actors to carry out the impact assessment of legal documents of the provincial government 4.2.1.3.1 Solutions to provide knowledge about the impact assessment of legal documents to relevant cadres and civil servants, in particular, judicial officials and public servants In order to this, it is necessary to have effective courses that are conducted regularly and continuously to consolidate and build the knowledge of assessments to create a solid foundation for the actors perform impact assessment 4.2.1.3.2 Solutions to help the assessors formulate document impact assessment skills 20 One of the other important ways is to find ways for them to apply regular knowledge of impact assessment into practice It is necessary to form specialized task force groups These specialized groups or officials should only be responsible for impact assessments in one or some specific areas For important documents, outside experts can be invited to work together to help officials and public employees improve their skills in assessing the impact of legal documents 4.2.1.3.3 Promote the development of appropriate attitudes for entities to carry out impact assessment of legislative documents In the coming time, the local governments of the provinces need to thoroughly solve the problems If it is part-time, the employer must pay Accordingly, funds need to be spent for this activity, and this funding also refers to the payment to the implementing entity Doing this will help the actors make changes in the attitude of assessing the impact of legal documents from bad faith, to goodwill, from a pressure into a task to improve income Specialized impact assessment activities should be specialized to form a whole-hearted and whole-hearted attitude among officials and public servants conducting impact assessment 4.2.2 Group of technical solutions to impact assessment activities of legal documents of local governments 4.2.2.1 Complete the provisions on the content and method of impact assessment of legislative documents of provincial governments Similar to the actors of the impact assessment, the impact assessment content and methods affect the quality of impact assessment activities These two factors are not paid enough attention; the right focus makes the quality of assessment activities not good In order for the evaluation actors to focus on the content and use appropriate and appropriate evaluation methods, the state needs to provide clear, specific, scientific and detailed instructions 4.2.2.2 Innovating the process of impact assessment of legislative documents of provincial governments There is a need to change the impact assessment process of legislative documents Accordingly, the proposed process: Step The agency drafting legal documents completes the draft Step The agency or department or organization that assesses the impact of legislative documents shall conduct impact assessment of the draft document Step The agency conducting the audit publishes the results of the audit, and 21 collects feedback from the parties involved Step Go to the drafting actors to adjust the draft according to the impact assessment of the text 4.2.2.2 Improve the control of the impact assessment of legislative documents by provincial governments Solutions to improve the control of the impact assessment of legislative documents of provincial governments aim to clarify some issues such as controlling actorss; Content control, form of control 4.2.3 Solution on legal corridor Cần đánh giá tác động văn quy phạm pháp luật giai đoạn soạn thảo để đảm bảo tập secondary and in line with the objective of impact assessment of legislative documents Regarding the evaluation method, the phrase ‘‘ appropriate method ”should only be used As for the appropriate method and the method that is appropriate, the independent evaluation body shall give advice and criticism Need to specify in more detail the process and the actors (the agency controlling the audit activity The control focuses on a number of issues such as: control of audit content, evaluation method, openness and transparency In the assessment, the scientific and rational issues of the evaluation report, there should be more scientific regulation on which legal documents need to be implemented for impact assessment In order to answer this question, the thesis acquires the selection process of Western Australia, which clearly demonstrates the role of the agency conducting the evaluation and the agency Text impact assessment control The drafting agency carries out the impact assessment of legal documents The impact assessment will be forwarded to the agency (division) controlling the impact assessment If this department agrees with the initial evaluation (PIA), it will conduct a RIS (Regulatory Impact Statement: Impact Assessment of Legal Documents) The RIS includes two types of documents: RIS consultations and RIS decisions The PIA as mentioned is an initial assessment of the impact of legislative documents The purpose of this evaluation phase is to: (1) help the drafting agency to better understand and apply the provisions on impact assessment of legal documents; (2) help the actors assess the initial understanding of the level, scope of impact, risk of the text; (3) helping control agencies to generalize the effects of legislative documents 22 RECOMMENDATIONS AND CONCLUSIONS Recommendations Originating from the above analysis, the thesis has some necessary recommendations to help improve the quality of legal documents issued by provincial governments 1.1 Recommendations to central government First of all, the National Assembly should consider the enactment of a Law on the Issuance of Legal Documents by Local Governments, separate from the Law on Promulgation of Legal Documents in general Second, the National Assembly and the Government need to make stricter regulations on impact assessment of local government legislative documents Thirdly, it is necessary to strictly regulate the process of publicizing the results of the impact assessment of legal documents of local governments on the mass media so that many actorss in society can monitor and show their interest Fourthly, it is necessary to further tighten sanctions for localities that violate the regulations on attracting the participation of related actorss, including those affected by legal documents impact assessment process of legal documents of local governments 1.2 Recommendations to provincial governments First of all, local governments need to specialize in the elaboration of legal documents by local governments Secondly, not only that, it is necessary to have a team specialized in the impact assessment of legal documents, even independently of construction agencies to ensure the objectivity in the assessment Thirdly, provincial governments need to strengthen training activities on assessing the impact of legal documents to make this activity more intensive, not "through the speaker, roughly" as today Fourthly, it is necessary to strictly handle and have a high deterrent to individuals and units that violate the regulations on assessing the impact of local legal documents Fifth, the broad participation of competent and relevant actors should be encouraged in the impact assessment of legislative documents promulgated by provincial governments Conclusion Firstly, the content of assessing the impact of legislative documents of provincial governments, the agency conducting the assessment focused most on the appropriateness of the document at the rate of 70.93% 23 Secondly, for the evaluation method used by local authorities when assessing the impact, local authorities use the method of collecting information primarily through meetings with 68.60% Important content related to the technique used in impact assessment is not considered and almost not used Thirdly, the process of assessing the impact of legal documents has not been agreed yet, so the application is different in each locality Fourthly, among the actorss conducting impact assessment, the Department of Justice is the main actors with 71% of responses Fifth, the issue of controlling the impact assessment of legal documents is not guaranteed in many aspects Some localities have publicized the results of the impact assessment of legal documents, but the form of public disclosure is limited within leaders, agencies, on websites and very little on the mass media The issue of accountability on the impact assessment of local legal documents has not been guaranteed Impact assessment of legal documents is still limited due to a number of reasons One of the important reasons is that the skills in developing and issuing legal documents of provincial governments are not guaranteed The key of the problem is that officials in charge of the impact assessment of legal documents should not have specialized techniques Another cause is related to the legal corridor Vietnam lacks specific guidance for the evaluation of legal documents by provincial governments Not only that, the process of organizing the assessment has not been mentioned or specified Accountability helps ensure that the assessment process is organized, public and transparent has not become an important content in the impact assessment legal documents To overcome these limitations, the dissertation proposes solutions groups: (1) to raise awareness about the role of impact assessment of legal documents of local authorities; (2) solutions to help the assessors form the impact assessment skills of local legal normative documents; (3) related solutions to complete the process of impact assessment of legislative documents of provincial governments; (4) solutions related to the content and method of impact assessment of legal documents; (5) solutions for creating a legal corridor for impact assessment activities of legal documents; (6) solutions for controlling and assessing the impact of legal documents 24 ... actorss; Content control, form of control 4.2.3 Solution on legal corridor Cần đánh giá tác động văn quy phạm pháp luật giai đoạn soạn thảo để đảm bảo tập secondary and in line with the objective... according to the provisions of law (People's Committee, specialized agencies under People's Committee, Standing Committee of People's Council, committees of People's Council), in order to manage... Resolutions of Standing Committee of the National Assembly; joint resolutions between the Standing Committee of the National Assembly and the Presidium of the Central Committee of the Vietnam Fatherland