HO CHI MINH NATIONAL ACADEMY OF POLITICS
DO VAN DUONG
IMPLEMENTATION OF LAW ON DEMOCRACY IN COMMUNES,
WARDS, TOWNS OF THE CENTRAL HIGHLANDS
Specialisation : Theory and History of State and Law
Code : 62 38 01 01
SUMMARY OF PHILOSOPHY OF LAW DOCTOR’S THESIS
HA NOI - 2014
The work was completed at Ho Chi Minh National Academy of
Politics
Thesis supervisor: Ass Prof. Dr. Trinh Duc Thao
Reviewer 1:
Reviewer 2:
Reviewer 3:
.
The thesis will be defended before the Board of Ho Chi Minh
National Academy of Politics
At…: On May 2014
The thesis can be found for study at the National Library and the
Library of Ho Chi Minh National Academy of Politics
INTRODUCTION
1. Rationales
Central Highlands is an important area in terms of socioeconomic and
strategic status, defense, security and ecological environment. After many
years of legal implementation of democracy in communes, wards and towns,
it has achieved initial comprehensive success but is also facing difficulties
and challenges due to the negative impact of market mechanisms,
international economic integration, the limitations and weaknesses in the
leadership and management of a number of Party committees and local
governments. A number of party members and civil servants are still not fully
aware of democracy law. The violation and hindrance of democracy law

towns of the Central Highlands, suggesting solutions to ensure
implementation of the democracy law in communes, wards and towns in the
Central Highlands.
2.1. Tasks of research
To accomplish this purpose, the research focuses on the following
tasks:
- Provide an overview of domestic and international research relating to
the thesis, assess the value of such works and issues for further clarification.
- Analysis of the legal concept of democracy in communes, wards and
towns; concepts, characteristics, implementation of the law form of
democracy in communes, wards and towns; role and the conditions ensuring
the implementation of the law on democracy in communes, wards and towns.
Refer experience in implementing democracy law in northwestern provinces
that can be applied for the Central Highland provinces.
- Generalizing the civil law in communes, wards and towns of Vietnam
from 1945 to present, at the same time assessing the state of the law on
democracy in communes, wards and towns and pointing out the strengths and
its limitations; analyzing specific factors that have impact on implementation
of democracy law; survey and assess the true state of implementation of
democracy law in communes, wards and towns in the provinces of the Central
Highlands; draw lessons learned from implementing the law on democratic
communes, wards and towns in the Central Highlands, advantages,
limitations.
- Analysis, viewpoints on proposed solutions to common systems and
solutions specifically aimed at ensuring the implementation of the law on
democracy in communes, wards and towns in the Central Highlands
provinces.
3. Subjects and scope of the thesis
3.1 . Subjects of the thesis
The thesis studies in depth theoretical basis and practical issues on

comprehensive on democracy law in communes, wards and towns of the
Central Highlands provinces with some new scientific contributions as
follows:
- Develop concepts of democratic law, implementation of the law on
democracy in communes, wards and towns presented throughout the thesis;
point out some characteristics, implementation forms of civil law in all
communes, wards and towns; the role, conditions ensuring the
implementation of the law on democracy in communes, wards and towns.
- The thesis analyzes and indicates specific factors on natural
conditions, economic, social and cultural impact the process of
implementing the law on democracy in communes, wards and towns in the
Central highlands provinces. Analysis of the results, limitations of the current
status of the democracy law in communes, wards and towns in the Central
Highlands; the cause of the advantages and limitations of this reality; 6
lessons from the implementation of the democracy law in communes, wards
and towns in the Central Highlands provinces in recent years .
- Viewpoints and proposed solutions including general solutions and
solutions specific group to ensure implementation of democracy law in
communes, wards and towns of Central Highlands provinces.
6. Theoretical and practical meaning of the thesis
- In terms of theory
The results of the thesis contributes to addressing some theoretical
issues currently set for implementation activities in self-determination of the
people at the grassroots level, including theoretical issues on implementation
of democracy law in communes, wards and towns in the Central Highlands
provinces.
- In terms of practical meaning
The thesis can be used as reference for Party committees, local
governments, Front and mass organizations in the Central Highlands
provinces to have a basis for planning and directing in comply with

content needs to be added to adjust the law on democracy in communes,
wards and towns that are not included and should also be further studied and
improved.
- The concept of implementation of democracy law in communes,
wards and towns, the basics to analyze and clarify the content of the actual
reasoning of the law on democracy in communes, wards and towns
- Rationale of the implementation of the law of democracy in
communes, wards and towns, including the characteristics and forms, the
factors affecting the role, the conditions to ensure the implementation of civil
law in communes, wards and towns ; experience in implementation of
democracy in communes, wards and towns of the province with some
reference value for the Central Highlands.
Regarding practical meaning, the thesis should clarify
- Study, assess the process of formation, development, the current
status of the democratic law in communes, wards and towns in Vietnam .
- Research and analysis to clarify the specific factors affecting the
implementation of the law on democracy in communes, wards and towns in
the Central Highlands provinces.
- Analyze, assess the status of implementation of the law of democracy
in communes, wards and towns in the provinces of the Central Highlands in
the forms of law implementation, specify the shortcomings, limitations and
thereby determine the cause of the current situation, lessons learned in
implementing the law on democracy in communes, wards and towns in the
provinces of the Central Highlands.
From the analysis of theoretical basis and practical implementation of
the law of democracy in communes, wards and towns in the provinces of the
Central Highlands. The thesis develops arguments and specific solutions to
ensure the implementation of the law of democracy in communes, wards and
towns in five provinces of the Central Highlands.
Conclusion Chapter 1

exercise their right conducted from the commune to village and group level,
following the policy: people know, people discuss, people do and people
check and benefit in terms of economy, politics, culture for people at the
grassroots level in certain forms in accordance with the principles and rules of
law.
2.1.2 . Legal concept of democracy in communes, wards and towns
Law of democracy in communes, wards and towns is synthesized in the
legal system of legal documents by state agencies issued under the authority
or coordination with other organizations to adjust social relations,
contributing to ensuring democracy, socio-economic development and social
stability and order.
2.1.3 . Content governed by the laws of democracy in communes, wards and
towns
Law on the exercise of democracy in communes, wards and towns
includes provisions on the implementation of laws principles of democracy in
communes, wards and towns; regulations implementing the law on the rights
of democracy in communes, wards and towns; regulations on prohibited
behavior and sanctions for violations of the law of democracy in communes,
wards and towns.
2.2. Concepts, characteristics, implementation of democracy law in
communes, wards and towns
2.2.1. The concept of implementing legislation on democracy in communes,
wards and towns
Implementation of the law on democracy in communes, wards and
towns aims to make the provisions of the law on democracy in communes,
wards and towns into actual behavior, expanding and promoting the rights of
people, contributing to building a law-governed socialist State.
2.2.2. Characteristics of the implementation of the law on democracy in
communes, wards and towns
2.2.2.1. Implementation of the law on democracy in communes, wards and

wards and towns, the Law on Complaints and Denunciation Law, the Law on
Ombudsman, Law anti-Corruption, Criminal Law
Second, the observance of the law of democracy in communes, wards and
towns
Complying with the laws of democracy in communes, wards and towns
is a form of implementing legislation, in which the entity responsible for
implementing the law, legal obligation by the positive action provisions
Ordinance specified in the exercise of democracy in communes, wards, towns
and other legal documents related to the interests and the rights of people.
Form of law enforcement is done on the laws and regulations on the principle
of responsibility for the implementation of democracy in communes, wards
and towns.
Third, using the law of democracy in communes, wards and towns
Using the law of democracy in communes, wards and towns is a form
of implementing measures, subjects performed legal ownership of their self-
awareness and a positive way, the law of democracy in communes, wards and
towns allowed. The subjects using legal forms are numerous classes of people
in communes, wards and towns can use the power of the law to follow their
will.
Fourth, apply the law of democracy in communes, wards and towns
Applying the law of democracy in communes, wards and towns is a
form of special legislation. Accordingly, the State through a competent
authority or authorities for the organization subject to the legal provisions of
the law of democracy in communes, wards or towns themselves based on the
provisions of the law to create the democratic decision making, change,
suspend or terminate the legal relationship in implementing specific
legislation democracy in communes, wards and towns.
2.3. Role and conditions to ensure implementation of the law on
democracy in communes, wards and towns
2.3.1. The role of the implementation of the law of democracy in

With the implementation of democratic law, people are discussing and
deciding directly issues of order and security, and building self-regulatory
organization, the government is responsible for receiving and resolving
complaints of Petition to ensure the democratic rights of the people directly.
2.3.1.4. Implementation of the law on democracy in communes, wards and
towns contributes to the fight against bureaucracy, corruption, waste and
other negative phenomena
With legislation implementing democracy at communes, wards and
towns, people have used their ownership to struggle with the negative
phenomenon of some people in positions of authority who may have the
power advantage to pursue their own interests. Implementation also requires
democratic state apparatus to promote administrative reform to serve the
people better in the direction closest to the people.
2.3.1.5. Implementation of the law on democracy in communes, wards and
towns contributes to mastering skills, promoting self-management of
communities, exercising the right of people employed in the construction of
new rural areas
Law of democracy in communes, wards and towns is to institutionalize
people's right to mastery over all aspects of social life. People have been
based on the legal provisions in social democracy in the sense of gradual
training, competence, mastery of their skills to practise democracy.
Implementation of the law on democracy in communes, wards and towns also
contribute to people actually perform their ownership in the new rural
construction. Construction of new rural area is a content, an important task in
implementing the Resolution of the Party Central Committee X (Resolution
26-NQ/TW) in agriculture - rural area - farmers.
2.3.2. These conditions ensure the implementation of the law on
democracy in communes, wards and towns
2.3.2.1. Political guarantees
Ensure that political and security over political orientation of the

arising during the construction and implementation of democratic laws, we
must first have a system of legal documents on democracy with quality. When
the level of quality and perfection of the legal system of democracy in
communes, wards and towns relies on the basic criteria such as
comprehensive, uniform, uniformity, appropriate legal qualifications.
2.4. Experience in implementing legislation on democracy in communes,
wards and towns of the mountainous north-west provinces, valuable
reference for the Central Highlands
15 years of implementing the provisions of law on democratic basis and
monitoring inspection to improve the quality in the North West provinces has
contributed a considerable part including manpower, along with the State's
effort to build local infrastructure. From the practical outcomes of the North
West provinces we can draw six lessons in the building, the people's
contribution to building infrastructure, contributing to improving the material
and spiritual life of ethnic minorities in the North West provinces, this
experience is a useful lesson for the Central Highlands.
Conclusion Chapter 2
On the theoretical basis of the state and law in general and the
implementation of democratic law in particular combined with the knowledge
in the field of implementation of the law on democracy in communes, wards
and towns, chapter 2 of the thesis focuses on interpreting some basic
theoretical issues about the implementation of the law on democracy in
communes, wards and towns. Specifically, analysis and concepts are related
to research topics such as the law of democracy in communes, wards and
towns, particularly implementation of the law concept of democracy in
communes, wards, and towns. The thesis points out the characteristics of the
implementation of the law of democracy in communes, wards and towns,
analyzes the differences of the implementation of the law on democracy in
communes, wards and towns such as compliance, execution, and application
of the law, which confirms the role of civil law all in communes, wards and

defined in many different legal documents such as the Constitution, the Code,
laws, ordinances, decrees and circulars in which mostly implement
Ordinance democracy in communes, wards and towns. However, the system
of democracy law in communes, wards and towns still does not have
uniformity, consistency, high legal implementation. Implementing democratic
Ordinance in communes, wards and towns in fact is the nature of legal
documents under the law, is not legal documents comply with the legislative
process of Congress. Therefore, the coherence of the drafting process,
verification, approval and publication can not be guaranteed by a law enacted
by Congress.
3.2. Current status of implementation of the law of democracy in
communes, wards and towns in the provinces of the Central Highlands
3.2.1. The specific factors affecting the implementation of the law of
democracy in communes, wards and towns in the provinces of the Central
Highlands
Implementation of the law on democracy in communes, wards and
towns in the Central Highlands provinces affected by many factors such as
geographic location and natural conditions; economic and psychological
factors, cultural traditions; factors on population characteristics, educational
level; ethnic and religious elements of the Central Highlands; and conspiracy
against the tricks of the enemy forces, the reactionary FULRO at home and
abroad; qualifications, leadership skills, executive management teams of
communal cadres. All the elements of this particular have impact on the
process of implementing democracy law in the Central Highlands .
3.2.2. Current status of democracy law-abiding in communes, wards and
towns of the Central Highlands
For nearly 15 years, the Party, the Vietnam Fatherland Front at
commune level in Central Highlands Provinces under the leadership of the
Central Government and the local authorities have had several plans and
measures to implement the law on democracy in communes, wards and

implementation of rights and obligations as prescribed by law.
3.2.5. Reality of applying democracy law in communes, wards and towns
in the provinces of the Central Highlands
Due to the awareness of the importance of the implementation of the
law on democracy, in recent years five provinces of the Central Highlands
had some activities to apply the law, manage documents , implement the law
on democracy in communes, wards and towns; People work to settle
complaints and denunciations to ensure the legitimate rights; combine the
implementation of democracy legislation in communes, wards and towns in
the Central Highlands provinces with administrative reform. However, these
activities are not really effective in promoting the implementation of the law
on democracy in commune, wards and townships.
3.3. General assessment of the status and lessons learned from
implementing legislation on democracy in communes, wards and towns
in the provinces of the Central Highlands
3.3.1. Overall Assessment
3.3.1.1. Advantages and limitations
Research on reality of democracy law in communes, wards and towns
in the provinces of the Central Highlands shows that promoting people's
ownership in communes, wards and towns in the Central Highlands province
has contributed to limit corruption, bureaucracy, arrogance, authoritarianism,
forming good civil servants; sovereignty of the people is increasingly being
promoted. The awareness of people about the "State of the people, by the
people, for the people" with the motto "People know, people discuss, people
do and people check" becomes specific and deeper. However, besides the
results achieved, implementation process in the Central Highlands reveals
some restrictions.
3.3.1.2. The cause of the advantages and limitations of implementing
legislation on democratic communes, wards and towns in the provinces of the
Central Highlands

To assess the true state of the implementation of the law on democracy
in communes, wards and towns in the Central Highlands, the thesis points out
the specific factors affecting the implementation process of democratic law in
communes, wards and towns. These factors have a significant impact and
have contributed to enriching the basis of analysis, assessing the status of
implementation of the law of democracy in communes, wards and towns in
the provinces of the Central Highlands accordingly. In the study, through
sociological investigation, the thesis has closely conducted research, making
general assessments, theoretical knowledge and practical advantages, and
limitations as well as the lessons learned about the process of implementing
the law on democracy in communes, wards and towns in the provinces of the
Central Highlands since the Politburo (termVIII) issued Directive No. 30 -
CT/TW dated 02/18/1998.
Chapter 4
PERCEPTIONS AND SOLUTIONS TO ENSURE THE
IMPLEMENTATION OF DEMOCRACY LAW IN COMMUNES,
WARDS AND TOWNS OF THE CENTRAL HIGHLANDS
PROVINCES
4.1. Viewpoint to ensure implementation of the law on democracy in
communes, wards and towns in the provinces of the Central Highlands
4.1.1. Implementation of the law on democracy in communes, wards and
towns in the Central Highlands provinces must thoroughly grasp the
Party's view of democracy in general and democracy in communes , villages
and hamlets in particular
The process of implementation of the law on democracy in communes,
wards and towns in the Central Highlands provinces have always been under
the leadership and close direction of the Party committees and governments
from provincial to commune level must be regarded as an important
viewpoint in the development of solutions to ensure effective implementation
of the law of democracy in communes, wards and towns

finance regime encourages people to participate in the fight against
bureaucracy, corruption and other negative factors, dealing violations strictly.
4.2. Measures to ensure implementation of the law on democracy in
communes, wards and towns in the provinces of the Central Highlands
4.2.1. General solutions
4.2.1.1. Continue to develop and improve the law of democracy in communes,
wards and towns
To ensure effective civil law in communes, wards and towns, we
should conduct a review of the provisions and additional overlap, the
complete lack of regulation; overcome the lack of specificity, the
contradictions, inconsistencies between the provisions of the laws of
democracy; additional sanctions, stating how to handle violations and
individual violations, having specific forms of processing; construction of
new legislation; Supplemented , amended and improved rules, conventions of
villages and hamlets and population groups .
4.2.1.2. Administrative and judicial reform, practical and effective
implementation in communes, wards and towns
Continue to implement administrative reform, administrative reform,
this is considered a breakthrough in the whole process of implementation of
the "one- stop" and "one stop shop"; expand and increase the number of trial
in remote areas, minimize the number of outstanding enforcement. Make
good work at the grassroots reconciliation, limit complaints, prolonged
disunity among the people; continue to implement applications of information
technology in administrative management. Prepare technical conditions,
manpower to be able to build e-government to the commune level.
4.2.1.3. Enhance the propagation and dissemination, legal education on
democracy in communes, wards and towns
In recent years, the Central Highlands was interested in the propagation
and dissemination, legal education on democracy in communes, wards and
townships. However, through a survey found that parts of communal cadres,

within the village, village is relatively isolated, which requires them to self-
manage (self-management) on a certain field .
4.2.2.3. Improving material and spiritual life for people in rural communities,
villages and population groups in the Central Highlands region
Despite more than 25 years of innovation, socio-economic situation in
many communes in the Central Highlands is still underdeveloped with
backward Infrastructure, failing to meet the needs of people. The number of
poor households has a high percentage, especially ethnic minorities. Thus, the
Party committees and governments at Central Highlands have to boost
investment in infrastructure construction and have control mechanisms toward
the effectiveness of the programs and projects. Along with infrastructure
investment, governments at all levels in the Central Highlands also need to
address a fundamental element of labor, employment and benefits.
4.2.2.4. Promoting the role of village elders, who have credibility in
implementing the law on democracy in communes, wards and towns in the
provinces of the Central Highlands
The village elders, who have their reputation is the soul of the whole
village, can show the aspirations of the people and play the role of a bridge
between people and the State and the Party. Therefore, it is necessary to
mobilize the prestige classes to participate in the implementation of laws and
democracy in villages.
4.2.2.5. Applying the laws and customs of the peoples of the Central
Highlands in the implementation of the law of democracy in commune , wards
and towns
Customary laws are the principles and standards of conduct of the
minority community, seen as the cultural heritage of the nation, should be
inherited and innovative in the process of implementing the democratic law of
communes, wards and towns. These conditions specified in the law on
democracy in society as campaigning to protect the natural environment,
society, marriage and family, family tradition , community, culture building

Implementing legislation on democracy in communes, wards and towns in the
Central Highlands provinces to thoroughly grasp the Party's view of
democracy in general and democracy in communes, wards and particular
towns; Implementation of the law on democracy in communes, wards and
towns must be consistent and specific, attached to specific economic, cultural,
social characteristics, security, defense in the Central Highlands; raising
awareness of the subjects, role and importance of the implementation of the
law on democratic communes, wards and towns in the Central Highlands
region; Implementation of the law on democracy in communes, wards and
towns in the Central Highlands provinces to boost fight against bureaucracy,
corruption, wastefulness.
On the basis of interpretation, thoroughly understanding the perspective
in the process of implementing the provisions of the law on the exercise of
democracy in communes, wards and towns in the provinces of the Central
Highlands, the thesis also gives the systematic and specific solutions to ensure
implementation of the law of democracy in communes, wards and towns in
the provinces of the Central Highlands.
CONCLUSION
Implementation of the law on democracy in communes, wards and
towns in the provinces of the Central Highlands is essentially aimed at
promoting democratic rights of the ethnic people in the Central Highlands,
creating mechanisms through forum to be beneficial for people to express
their views, personal opinions, suggestions outlined proposals relating to the
rights and legitimate interests of their state agencies, engaged administration,
local governments at commune level, enhance the legal awareness,
contributing to forming and working under the law for communal cadres and
people; ensure the success of the process of building a law-governed socialist
State of Vietnam. Through the implementation of the democracy law in
communes, wards and towns in the Central Highlands provinces, besides the
achievements, the thesis still has limitations and weaknesses. Therefore, it is

3. To overcome the shortcomings and inadequacies in the
implementation of the law on democracy in communes, wards and towns in
the Central Highlands provinces, thesis proposes the following viewpoints:
implementation of the law of democracy in communes, wards and towns to
thoroughly grasp the Party's view of democracy in general and democracy in
particular society; implementation of the law of democracy in communes,
wards and towns must be consistent and specific, attached to specific
economic, cultural, social characteristics and national security at the
commune level; implementation of the law of democracy in communes,
wards and towns in the Central Highlands provinces need to boost fight
against bureaucracy, corruption, wastefulness.
4. The possible solutions to ensure implementation of the law on
democracy in communes, wards and towns in the Central Highlands
provinces include general solutions and specific solutions to the Central
Highlands. Hopefully, the views and systematic solutions indicated in
dissertation can contribute to supplement the theoretical issues for the
implementation of the law on general democratic legislation and
implementation of democracy in communes, wards and towns in the
provinces of the Central Highlands in particular. The solution should be
carried out in a synchronous way that can bring practical results, the central
Highlands will gradually become more stable and develop comprehensively
and successfully to attain sustainable growth and achieve the goal of “Rich
people, Strong nation, Fair, democratic and civilized society”.