MINISTRY OF EDUCATION
AND TRAINING
HO CHI MINH NATIONAL ACADEMY
POLITICS AND PUBLIC ADMINISTRATION
NATIONAL ACADEMY OF PUBLIC ADMINISTRATION
Somnith SY LI BOUN LIENG
THE DEVELOPMENT AND ADOPTION OF LEGAL
NORMATIVEDCUMENTS BY STATE ADMINISTRATIVE
AGENCIES IN THE PEOPLE’S DEMOCRATIC REPUBLIC OF LAOS
Major
: Public administration
Code
: 62 34 82 01
THE THESIS SUMMARY
HA NOI – 2014
The thesis is completed at: NATIONAL ACADEMY OF PUBLIC
ADMINISTRATION
Academic supervisors:
Assoc. Prof., Dr. Luu Kiem Thanh
Assoc. Prof., Dr. Vu Trong Hach
Opponent 1: .........................................................................................................
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Opponent 2: ..........................................................................................................
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Opponent 3: ..........................................................................................................
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The thesis will be defended in front of the Examination Board of the National
Academy of Public Administration
At ................... hour ................... date ..........month............ 2013
Location: Room No. ............... Block A – Hall for PhD Thesis defense,
National Academy of Public Administration, 77 Nguyen Chi Thanh Street,
Dong Da District, Ha Noi.
The thesis can be found at the National Academy of Public
Administration’s library or at the website of the Post-graduate Faculty, the
National Academy of Public Administration, Ha Noi branch, Vietnam.
INTRODUCTION
1. Reasons for choosing the subject
State administrative agencies are an important part of the State apparatus.
The most significant character of State administrative agencies in exercising the
executive power is to present the State power. Within the scope of their
authority, State administrative agencies have the right to adopt legal normative
documents (statutory power) or documents referring to legal normativity that are
compulsorily executed for individuals, organizations, State agencies and
relevant State agencies; the right to examine, supervise the enforcement of
documents they adopted; the right to take coercive measures if necessary against
individuals, organizations and agencies related for having not self-consciously
and strictly abided by documents which were promulgated by State agencies and
already came into effect.
The development and adoption of legal normative documents by State
administrative agencies have been paid adequate attention to in the People’s
Democratic Republic of Laos over the past years, many scientific works
associated with the promulgation of administrative documents, legal normative
documents by State administrative agencies have been published; law on the
adoption of legal normative documents is continuously completed. Legal
normative documents are considered as an important tool to ensure the
efficiency and effects in the management of State administration, contributing to
the stability and development of socio-economic performances. The official
document of the 9th congress of the Lao People’s Revolutionary Party in 2011
states that: “The most significant factor to bring into full play democracy is the
development and completion of legal system and to improve socialist legal
system in every activity.”
Under the context of the current enhanced renovation, the Resolution of
th
the 9 National Congress of the Lao People’s Revolutionary Party’s (in 2011)
on continuing the development and completion of the People’s Democratic
Republic of Laos, with the focus on the reform of State administration, is
considered as one of the fundamental standpoint to build and strengthen the
State apparatus clean, strong, efficient and effective. That is: “Increased socialist
legal system, the development of State of law in the People’s Democratic
Republic of Laos, and the State governs society in accordance with law and by
law.”
The Constitution of the People’s Democratic Republic of Laos in 2003
also states in Article 10 that: “The State governs society by law, ceaselessly
strengthening socialist legal system”. However, the social management and the
adjustment of social relations by law in the People’s Democratic Republic of
Laos still encounter numerous limitations. This requires the Lao State to develop
and complete a legal system synchronous, scientific and complete. On the other
hand, they must ensure the legal system is strictly abided by from the Central to
local levels, and ensure the principles of the socialist legal in the spirit of
completely respecting for the law.
The development and adoption of legal normative documents is an
important work of State administrative agencies in the People’s Democratic
Republic of Laos. Together with the reform of State administration, the
development and adoption of legal normative documents in general and by State
administrative agencies in particular have made positive progresses, gradually
enhancing the capacity of the development and adoption of State management
documents and initially establishing a system of management documents
meeting the requirements and duties of the State administration. Nevertheless,
the development and adoption of legal normative documents by State
administrative agencies still exposes weaknesses and limitations that need to be
addressed, particularly mode, standard progress for the adoption, document
forms, adoption authority, and manners to punish, examine and handle illegal
documents. These weaknesses and limitations have decreased the efficiency and
effects of the State administrative management. This reality requires further
study, renovation and improvement of the quality of legal normative documents
in general and the development and adoption of State administrative agencies in
particular.
In the People’s Democratic Republic of Laos, legal normative documents
as well as the development and adoption of legal normative documents were not
attached much importance to previously, thus, there are very few documents and
official studies on this issue. Only a few of guiding documents by authorized
State administrative agencies partly or generally mention this issue, not
presenting theoretical and practical issues necessary for this work of State
administrative agencies. Only until the Law on the Promulgation of Legal
Normative Documents was introduced in 2012, was the theoretical and practical
issues of the development and adoption of legal normative documents completed
a step and more systematic. However, the existence of the Law on the
Promulgation of Legal Normative Documents does not mean that the
development and adoption of legal normative documents by State administrative
agencies in particular and by State agencies in general is completed. This is only
initial foundations for the gradual completion of legal normative documents and
issues around this type of documents.
This can explain the reason why the development and adoption of legal
normative documents by State administrative agencies remains, in fact, limited;
concept, classification, authority and order to adopt documents are still
inconsistent. That is one of the basic causes to the fact that State administrative
agencies promulgate documents incorrectly in regard to capacity, power, and
event content, seriously affecting the efficiency and effectiveness of State
management activity. Therefore, the basic and systematic research of the
development and adoption of legal normative documents by State administrative
agencies is an urgent and long-term requirement for the People’s Democratic
Republic of Laos.
Based on these theoretical and practical issues, the “Development and
adoption of legal normative documents by State administrative agencies in the
People’s Democratic Republic of Laos” is of overriding importance and needs to
be studied.
2. Purpose and task of the research:
- Research purpose
The study aims to clarify the theoretical and practical foundations of the
development and adoption of legal normative documents by State administrative
agencies in the People’s Democratic Republic of Laos, through which indicates
results, limitations and causes of the development of legal normative documents
by State administrative agencies in Laos in order to propose solutions to enhance
the quality of the development and adoption of legal normative documents by
these agencies.
- Tasks of the research
To reach the research purpose mentioned above, the thesis performs basic duties
as follows:
+ To research and apply theoretical achievements available to establish
theoretical bases for the development and adoption of legal normative
documents by State administrative agencies in the People’s Democratic
Republic of Laos;
+ To summarise practical performance of the development and adoption
of legal normative documents by State administrative agencies in the People’s
Democratic Republic of Laos, from which drawing comments, and assessments
to use as the ground for the proposal of directions and solutions to enhance the
quality of the development and adoption of legal normative documents by these
agencies;
+ To propose directions and solutions to increase the quality of the
development and adoption of legal normative documents by State administrative
agencies in the People’s Democratic Republic of Laos.
3. Research subject and scope:
- Research subject
The thesis concentrates on:
+ Theoretical basis of the development and adoption of legal normative
documents by State administrative agencies in the People’s Democratic
Republic of Laos;
+ Experience of some countries in the world in the development and
adoption of legal normative documents by State administrative;
+ The reality of the development and adoption of legal normative
documents by State administrative agencies in the People’s Democratic
Republic of Laos;
+ Directions and solutions to increase the quality of development and
adoption of legal normative documents by State administrative agencies in the
People’s Democratic Republic of Laos.
- Research scope
+ Space: The thesis focuses on development and adoption of legal
normative documents by State administrative agencies in the People’s
Democratic Republic of Laos and Vietnam (the country with political regime
similar to Laos).
+ Time: The thesis concentrates on the development and adoption of legal
normative documents by State administrative agencies in the People’s
Democratic Republic of Laos in the period from 2006 to 2012.
4. Methodology and research methods
- Methodology
The thesis is studied on the ground of the Marxism – Leninism, and
standpoints of the Lao People’s Revolutionary Party and the State of the
People’s Democratic Republic of Laos on State and law, reform to complete
State apparatus, State administrative reform, and legal system perfection.
The thesis applies the methodology of the Marxism-Leninism philosophy,
and studies the topic in accordance with systematic, objective, comprehensive
viewpoint, specific historical viewpoint, the relations between the general – the
particular, the popular – the specific, cause – effect, and so on.
- Research methods
Based on the methodology of the dialectical materialism and historical
materialism, the author has selected specific research methods suitable with the
each content of the thesis.
+ The author employs systematic and analytical methods and gathers
documents and published scientific works to assess the study related to the topic
of the thesis.
+ The author employs analytic, collective, deductive and inductive
methods to study concept, characteristic, content, role, requirement and factors
that ensure the development and adoption of legal normative documents by State
administrative agencies. The analytic, comparative, collective methods are used
to study the development and adoption of legal normative documents by State
administrative agencies in some countries and lessons of experience drawn for
the case the People’s Democratic Republic of Laos
+ The author uses statistical, comparative, analytic methods to generalize
documentation and data in order to evaluate the reality of the development and
adoption of legal normative documents by State administrative agencies in the
People’s Democratic Republic of Laos, indicating shortcomings and causes of
these shortcomings of this practice.
+ The author uses the systematic, analytic, collective methods to propose
theoretical factual foundations for directions and solutions to increase the quality
of the development and adoption of legal normative documents by State
administrative agencies in the People’s Democratic Republic of Laos at present.
5. Scientific contribution of the thesis
The thesis results in new findings as follows:
- The thesis builds up theoretical foundations for the development and adoption
of legal normative documents by State administrative agencies in the People’s
Democratic Republic of Laos, including: characteristic, content, role and factors
effective to this practice.
- The thesis generalizes the development and adoption of legal normative
documents by State administrative agencies in some countries and draws lessons
of experience for Laos.
- The thesis analyses, and evaluates the reality of the development and
adoption of legal normative documents by State administrative agencies in Laos
based on the results, limitations, and causes studied in the 2006-2012 period.
- The thesis defines orientations and proposes theoretical factual
foundations for solutions to enhance the quality of the development and
adoption of legal normative documents by State administrative agencies in Laos
at present.
6. Theoretical and practical significance of the research
- the development and adoption of legal normative documents by State
administrative agencies targets the legal enforcement and brings law into life,
which contributes to better performing functions and duties of the State
administrative agencies, focusing on the exercise of authority power.
- Theoretically, the research result of the thesis helps clarify some
theoretical issues on the development and adoption of legal normative
documents by State administrative agencies, indicating the reality and causes
that hinder the quality of the development and adoption of legal normative
documents by State administrative agencies in Laos in the 2006-2012 period,
based on which proposes solutions to enhance the quality of this practice in Laos
at present.
- Practically, the thesis is a material of reference to the study, teaching and
learning of the document-compiling subjects in universities of law and
administration, and a material of reference for research agencies or practical
activities in the People’s Democratic Republic of Laos.
7. The research conclusion
Besides the introduction, the general overview of research, conclusion, list
of references, the thesis is composed of four chapters, specifically:
Chapter 1: General overview of the research related to the thesis and
issues arising that need further study
Chapter 2: Scientific basis for the development and adoption of legal
normative documents by State administrative agencies in the People’s
Democratic Republic of Laos
Chapter 3: The reality of the development and adoption of legal
normative documents by State administrative agencies in the People’s
Democratic Republic of Laos
Chapter 4: Directions and solutions to the development and adoption of
legal normative documents by State administrative agencies in the People’s
Democratic Republic of Laos currently
Chapter I
GENERAL OVERVIEW OF THE RESEARCH RELATED TO THE
THESIS AND ISSUES RAISED THAT NEED FURTHER STUDY
1.1. General overview of studies related to topic of the thesis
1.1.1. Studies in the People’s Democratic Republic of Laos
In the People’s Democratic Republic of Laos, theoretical studies on the
development and adoption of legal normative documents, documents by State
agencies in general, and by State administrative agencies in particular were not
attached much importance to for a long period of time, thus, there are very few
published studies in this field. They include: Kham Phet Vong Đa La ( 2010),
“Reform of legal normative documents on trade and related to ASEAN bloc”,
Legal Journal No 4/2010; Chanh Pheeng Si Li Vanh ( 2011), “Completing
organization and operation of the National Assembly on the examination of the
adoption of laws and legal normative documents in the time being”; Legal
Journal No 1/2011; Phou sa khone Meuang wong ( 2010): “Law on the
examination and handling of legal normative documents in Laos and Vietnam,
study from a comparative angle”, a PhD thesis in law, Ho Chi Minh City
University of Law.
1.1.2. Studies related to the thesis in Vietnam
1.1.2.1. Scientific works related to the statutory power of State administrative
agencies
The author studied a number of scientific works related to the statutory
power in Vietnam, such as: the textbook “State administrative authority” (2011),
Scientific and Technical Publishing House, used in the training programme for
bachelor of administration; a PhD thesis in law (2011), “Statutory power of the
Government”, by Nguyen Dinh Hoa, Law Faculty, Hanoi National University.
The scientific works mentioned above discuss a very important and
fundamental authority of State administrative agencies, that is the statutory
power to enforce law.
1.1.2.2. Works related to legal normative documents, administrative documents
There are numerous scientific works published in training institutes in
Vietnam on administrative documents, legal normative documents by State
administrative agencies, including: book “ Document and document work in
State administrative agencies” ( 2013), by Assoc.Prof., Dr. Van Tat Thu, the
National Political Publishing House; PhD thesis “ Codification of law on the
adoption of legal normative documents”, completed by Nguyen Thi Minh Ha at
the Institute of State and Law in 2006; the research “ The process of adoption
legal normative documents” ( 1998), of the project VIE 94/003; book “
Compiling and handling State administration documents”, by Nguyen Van
Tham, the National Political Publishing House 2001; book “ The development
and adoption of legal normative documents”, by Luu Kiem Thanh, Statistical
Publishing House 2003, revised, amended and reprinted 2005; book “
Instructions for compiling statutory documents”, by Luu Kiem Thanh, Statistical
Publishing House in 1998 ( reprinted in 2003); book “ The process of
developing, adoption and examining legal normative documents” by Duong
Bach Long, the National Political Publishing House 2007; book “ Compiling
methods for administrative documents”, by Nguyen Minh Phuong, the National
Politics - Truth Publishing House 2011; textbook “ Document development and
adoption techniques”, National Academy of Public Administration, by lead
author Dr. Luu Kiem Thanh, Scientific and Technical Publishing House 2009;
textbook “ Document compilation”, by lead author, Prof., Dr. Nguyen Dang
Dung, Hanoi National University Publishing House, 2007; a PhD thesis in
Public Administration “Completion of the process of the adoption and
enforcement of documents by provincial administrations” by Ha Quang Thanh,
2008, National Academy of Public Administration; book “ Common legal terms
in legal normative documents” collected and selected by Nguyen Trung Nam,
National Political Publishing House 2005; book “ Process, procedure in the
performance of National Assembly” by Legislative Department, Vietnam
National Assembly 2005; research “ The development of and investigation into
decision adjusting the Law, ordinance development programme – theory and
practice” by Vu Trong Hach, 2010; a conference summary record “Enhancing
institutional capacity for Government’s Office”, Hanoi Judicial Publishing
House, 2011; book “ Organization and operation of Ministries, Ministerial-level
agencies, Governmental agencies”, by Van Tat Thu, the National Political
Publishing House, 2011; book “ Transparency of administrative decisions”,
Institute for Research on Policy, Law and Development, a member of Vietnam
Union of Science and Technology Associations, 2012; article “ Viewpoints and
criteria to evaluate the adoption of State administration documents”, by Do Duc
Hong Quang, Journal of Science, Hanoi National, Legal studies No 25, 2009;
article “ The adoption of State administration documents – some causes of
shortcomings and remedies” by Pham Tuan Khai, Journal of State Management,
No 24, 2008; article “ The development and adoption of documents by local
authorities ensures citizen rights – status and solutions”, by Nguyen Thi Phuong,
Journal of E-information, Ho Chi Minh City Institute for Development Studies,
etc. From many aspects, the scientific works mentioned above discuss content
and the process of developing and adopting, examining… administrative
documents, legal normative documents by State administrative agencies.
However, none of them focuses on the development and adoption of legal
normative documents by State administrative agencies in Vietnam.
1.1.3. Studies related to the thesis in other countries
Book “The adoption of legal normative documents, plan and route of the
Federal Republic of
Germany”, by translators Nguyen Si Dai and Nguyen
Kim Thoa, the National Political Publishing House, Hanoi, 2003. The book
mentions information and perspectives on legal documents and their
significance, role, compiling process to ensure every legal document be
constitutional.
1.2. Issues that the thesis needs further study
1.2.1. Theoretically
- To distinguish legal normative documents from other administrative
documents issued by State administrative agencies in order to define authorities,
adjustment scope, form, and process of adopting legal normative documents by
State administrative agencies. To clarify the adoption necessity and
requirements for the development and adoption of legal normative documents by
State administrative agencies.
- To study practical experience in the development and adoption of legal
normative documents by State agencies in general, by State administrative
agencies in particular in Vietnam and some other countries to draw lessons of
experience that can be applied in Laos.
1.2.2. Practically
In the People’s Democratic Republic of Laos, the development and
adoption of legal normative documents by State administrative agencies were
paid little attention to for a long time; law on the adoption of legal normative
documents is also slow to be completed. Therefore, it is necessary to study the
reality of the development and adoption of legal normative documents by State
administrative agencies in Laos in order to find out limitations and causes of
these limitations and draw lessons of experience.
Based on these foundations the thesis proposes scientific and feasible
directions and solutions to improve the quality of the development and adoption
of legal normative documents by State administrative agencies in Laos to
satisfying actual requirements in the context that Laos is completing the State
apparatus, performing administrative reform and building a state of law. This
further affirms the necessity, theoretical and practical significance of the thesis.
Chapter 2
SCIENTIFIC BASIS FOR THE DEVELOPMENT AND ADOPTION OF
LEGAL NORMATIVE DOCUMENTS BY THE STATE
ADMINISTRATIVE AGENCIES OF THE POEOPLE’S DEMOCRATIC
REPUBLIC OF LAOS
2.1. Concept, characteristic, authority, scope, and content of legal
normative documents by the State administrative agencies
2.1.1. Concept and characteristic of normative legal acts issued by the
State administrative agencies
2.1.1.1. Concept, characteristic, role and general functions of legal
normative documents
-Concept of legal normative documents
Concept of documents: Document is a means to record information and
to impart information from this subject to others by a certain signal or
language.
Concept of legal normative documents: Legal normative documents are
documents issued (or jointly issued) by an authority in the State bodies from
Central to local level, in accordance with legal forms, orders and procedures,
with a common code of conduct and enforceability, and are guaranteed by the
State to adjust social relations.
- Characteristics of legal normative documents: Legal normative
documents are documents issued by the State agencies, and authorities in the
State agencies; Legal normative documents contain legal norms – common
codes of conduct, and common enforceability; Normative documents are
adopted many times in case of legal occurrence; The enforcement of legal
normative documents cannot stopping its effects; Form (name), content, order
and procedure of preparing legal normative documents are strictly regulated by
the law; The enforcement of legal normative documents are guaranteed by the
State; Legal normative documents are systematical.
- The role of legal normative documents: legal normative documents
perform a crucial role in economy, society, political system, and morality.
- The functions of legal normative documents: A formal representation of
the law; Information; and Management.
2.1.1.2. Concept, characteristic, and role of legal normative documents by the
State administrative agencies
-Concept: Legal normative documents by the State administrative
agencies are documents issued (or jointly issued) by authorities in the system of
State administrative agencies (a collective of State administrative agencies or
authorities in State administrative authorities) in accordance with legal forms,
orders and procedures, with a common code of conduct and enforceability
(within the management scope) and are guaranteed by the State to concretize, to
guide the legal enforcement, to adjust relations which arise within the State
administrative agencies or to adjust newly-emerging social relations in the
process of State administration (are legally authorized).
-Characteristics: legal normative documents by the State administrative
agencies have common characteristics with legal normative documents, and
have specific characteristics such as: containing legal norms and bylaws issued
by authorities in the State administrative agencies.
-Role: to regulate practical issues that arise in social operation and
management;
2.1.2. The authority to prepare and issue legal normative documents of the
State administrative agencies
In the People’s Democratic Republic of Laos the following individuals
and organizations in the State administrative agencies are authorized to issue
legal normative documents: The Government issues resolutions and decrees;
Prime Minister issues instructions and decisions; Ministers, and heads of
ministerial-level agencies, and heads of Governmental bodies issue instructions
and decisions; Mayors of cities and provinces issue instructions and decisions;
Heads of districts and communes issue instructions and decisions; Hamlets issue
regulations.
2.1.3. Scope, content of legal normative documents by State administrative
agencies
2.1.3.1. Adjustment scope of legal normative documents by State administrative
agencies
Legal normative documents by State administrative agencies are bylaws
and mostly issued on legal basis to enforce law, thus, the scope of relations that
they adjust is restricted within the administrative competence of each State
administrative body in administrative affairs and State management.
Regarding the space, the scope of validity of legal normative documents
by State administrative agencies relies on authority of the issuers. Documents
are held valid nation-wide and in all fields (documents issued by Government
and Prime Minister), documents are held valid nation-wide but limited to issues
related to State management in industries and areas (documents issued by
ministers and heads of ministerial-level and Governmental agencies), documents
are valid in all fields but limited within the scope of management (documents
issued by People’s Committee of province, district, and commune (in Vietnam),
village or hamlet (in Laos).
2.1.3.2. Content of the legal normative documents by State administrative
agencies
Legal normative documents issued by State administrative agencies of the
People’s Democratic Republic of Laos are in the form of: resolution, decree,
instruction, decisions and hamlet’s regulations. The specific content of each
legal document is defined by the law as follows:
-Decrees issued by Lao Government to: enforce resolutions promulgated
by the National Assembly and National Assembly’s Standing Committee, socioeconomic development plans, and strategic plans; to regulate social relations in
certain area that satisfy requirements of State management and socio-economic
management but have not been constructed into law; to regulate organization
and performance of ministries, ministerial-level agencies, Governmental bodies;
to instruct and concretize the enforcement of law to facilitate the organization
and implementation.
- The Lao Government’s Resolution is a legal normative document and
the Government’s decision on a certain issue, which are put forward for
discussion at the Government’s sessions
- The Prime Minister of the People’s Democratic Republic of Laos issues
instructions to enable individuals or organizations to enforce plans, law, and
ordinance in line with the Prime Minister’s rights and responsibility as defined
by the law.
- The Prime Minister of the People’s Democratic Republic of Laos enacts
decisions to exercise his rights and duties or to concretize and organize and
enforce legal normative documents issued by State bodies at higher levels.
- Ministers, heads of ministerial-level and Governmental bodies, and
heads of cities, provinces, districts and communes issue instructions to enable
individuals and organizations to enforce plan, law, ordinance and their duties.
- Ministers, heads of ministerial-level and Governmental bodies, and
heads of cities, provinces, districts and communes issue decisions to exercise
their rights and duties or to concretize and organize and enforce legal normative
documents issued by State bodies at higher levels.
- Hamlet regulations are legal normative documents issued by the
hamlet’s administration to enforce legal normative documents introduced by
agencies and organizations at higher levels in order to manage security, order
and disciplines within their rights and duties.
2.2. The necessity for State administrative agencies to issue legal normative
documents (the authority to make regulations)
2.2.1. To exercise the State administrative authority
In order to exercise the administrative authority, States all organize a
system of State administrative agencies from the Central to local levels to
exercise the authority to make regulations (the authority to issue legal normative
documents – bylaws) and administrative authority (to administer – to manage).
The authority to make regulations is one of the important rights of State
administrative agencies. Through the promulgation of legal normative documents,
State administrative agencies introduce general codes of conduct in the field of
State management; specific duties and rights of parties involved in State
management; and specify authorities and procedures to carry out performance of
individuals and organizations they manage, and so on.
The adoption of legal normative documents is the most essential legal
forms in the performance of State administrative agencies in order to exercise
their functions and duties.
2.2.2. To ensure the enforcement of State policies and decisions in State
administrative activities
In the process of State management, legal normative documents enacted
by State administrative agencies are considered as a major form of the duties to
concretize law and State policies. The legal corridor is designed for the
operation of agencies, organizations, economic units and individuals when their
performance is related to social community. Legal documents introduced by
State administrative agencies are a form of enforcing State regulations and
generating legal relations in management activities of State bodies. The legal
documents are a means to quickly enforce regulations issued by State bodies of
higher levels in reality, and to deal with the situation in which many legal
documents enacted by legislatures are mostly in principle, too general and
difficult to be enforced in reality.
2.2.3. To enable citizens to exercise their rights and duties
Legal normative documents formed and issued by State administrative
agencies also institutionalize rights to freedom and interests of citizens, ensuring
that these rights and interests are protected. On the other hand, legal normative
documents are the tool and medium to ensure life security, honor, dignity,
freedom, equality and justice for all members of the society.
2.3. Concept, characteristic, principle, and process of developing and
adopting legal normative documents by State administrative agencies
2.3.1. Concept: The development and adoption of legal normative documents is
a performance of authorized State administrative agencies which are carried out
with legal procedures in order to enforce State management decisions (a type of
legal decisions) under the form of documents that contain legal normativities to
adjust social relations, mostly arising in the process of execution and
management.
2.3.2. Characteristic: To be creative; restricted within the scope of executive
power; quickly affects the legitimate right and interests of individuals,
organizations.
2.3.3. Principles: To ensure the constitutionality, lawfulness; to abide by
statutory authority, form, order and procedure; to ensure the openness and
transparency; to ensure the feasibility; to ensure specific regulations.
2.3.4. The process of developing and adopting legal normative documents by
State administrative agencies
- The process of developing and adopting legal normative documents by
State administrative agencies must satisfy requirements as follows: to ensure the
unification of principles of the State of law; to define the functions of developing
and adopting legal normative documents of State administrative agencies with
other functions; to specify the responsibility of those authorized in the
development and adoption of legal normative documents; to be streamlined in
conformity with specific characteristics of each State administrative body; to
ensure the standardization and unification of current legal normative
documents.
- The process of developing and adopting legal normative documents by
State administrative agencies is performed through stages as follows: Stage 1:
Initiative and drafting; Stage 2: Gathering opinions for the draft; Stage 3: Draft
assessment; Stage 4: Consideration, approval; Stage 5: Announcement; Stage 6:
Disseminate and keep as archives.
2.4. Experience of developing and adopting legal normative documents by
State administrative agencies in some countries and lessons drawn for the
case of Laos
2.4.1. France
2.4.2. Germany
2.4.3. Vietnam’s experience
2.4.4. Lessons drawn for the People’s Democratic Republic of Laos
2.4.4.1. It is necessary to ensure some fundamental principles in the
development and adoption of legal normative documents
2.4.4.2. It is imperative that the preparation of steps for the development and
adoption of legal normative documents be really scientific
2.4.4.3. It is necessary to expand and bring into full play the participation of
organizations, enterprises, and individuals into the process of developing and
adopting legal normative documents
2.4.4.4. It is essential to continuously improve the quality of the drafts of legal
normative documents
2.4.4.5. It is essential to accelerate scientific research related to the legal
construction in general and the development and adoption of legal normative
documents in particular
CONCLUSION OF CHAPTER 2
Chapter 3
THE REALITY OF THE DEVELOPMENT AND ADOPTION OF
LEGAL NORMATIVE DOCUMENTS BY STATE ADDMINISTRATIVE
BODIES IN THE PEOPLE’S DEMOCRATIC REBPUBLIC OF LAOS
3.1. The reality of legal institutions for the development of legal normative
documents by State administrative agencies in the People’s Democratic
Republic of Laos
In the past years, the People’s Democratic Republic of Laos has
continuously established and issued legal normative documents, and completed
institutions for the adoption of legal normative documents by State
administrative agencies; first and foremost, Constitution, laws on State
organization and especially the Law on Promulgation of Legal Normative
Documents dated 2012.
3.2. The reality of the development of legal normative documents by State
administrative agencies
3.2.1. The reality of organizations charged with developing and adoption legal
normative documents in State administrative agencies
3.2.1.1. Ministry of Justice
The Ministry of Justice is tasked to help the Government outline
programmes of establishing laws and ordinances on issues within the
competence of the Government, to submit to the Government and Prime
Minister bills, ordinances, and drafts of other legal normative documents related
to the ministry’s State management areas; and bills and drafted legal normative
documents as assigned by the Government and Prime Minister. In addition, the
ministry is directly involved in all phases of the developing and promulgating
legal normative documents.
3.2.2.2. Prime Minister’s Office
The drafting and verifying legal normative documents at the Prime
Minister’s Office is assigned for three units (departments) of the Prime
Minister’s Office in accordance with content and quality of each type of legal
normative documents. According to general regulations, the Department of
Legal Affairs of the Prime Minister’s Office is commissioned to draft and verify
bills and ordinances through the participation into drafting committee.
Other departments of the Prime Minister’s Office can assign staff to join
the editing team upon the request of the offices presiding over the work and to
co-ordinate with the Department of Legal Affairs to verify bills, and ordinances
with areas they are in charge of.
3.2.2.3. Legal affairs organizations in Ministries and Ministerial-level bodies
In order to perform duties related to the development and adoption of
legal normative documents, Ministries and Ministerial-level bodies have
strengthened personnel organization and enhance capability and performing
efficiency of legal affairs agencies. To now, 18 out of 21 Ministries and
Ministerial-level bodies have established Department of Legal Affairs.
All of these legal affairs departments are operating in line with specific
regulations issued by Ministries and Ministerial-level bodies, which clearly
define their functions, duties, rights, working regime, and work relations with
relevant offices and units.
Nevertheless, the capability of legal affairs departments of ministries and
ministerial-level bodies remains inadequate with their duties, consequently,
affecting the results of document drafting of ministries and ministerial-level
agencies.
3.2.2.4. Agencies directly involved in drafting legal normative documents
Over the past time, agencies directly involved in drafting legal normative
documents have been reinforced and consolidated to improve the effects of the
development of legal normative documents.
However, the capacity of agencies directly involved in drafting legal
normative documents remains limited and inadequate with the requirements for
the construction of legal normative documents which is increasing in number
and pressing in time during those days.
The responsibility of ministries and ministerial-level bodies in developing
legal normative documents has not been given prominence to; the process of
drafting and verifying documents remain non-synchronous, inconsistent, and
restricted; spending for drafting and adopting legal normative documents is still
faced with weaknesses; and expenditure allotted for the operation of legal affairs
departments remains limited.
3.2.2.5. State administrative agencies in localities
Due to the work requirements, workforce and conditions of organization
and personnel, many localities have incorporated other models to establish and
strengthen the development and promulgation of legal normative documents in
specialized agencies under mayors of provinces, cities and capital. Accordingly,
some specialized agencies establish their own department of legal affairs, others
incorporated legal affairs with others like administrative – general affairs to
establish department/sections under their management. Some specialized
agencies only assign certain staff to deal with their legal affairs, others allocate
certain staff to deal with legal affairs beside other tasks.
3.2.3. The real capacity of personnel involved in developing and promulgating
legal normative documents
3.2.3.1. Capacity of Ministry of Justice’s personnel involved in developing and
promulgating legal normative documents of the Ministry of Justice
The professional qualification of the staff of the Ministry of Justice is mainly
in law and politics, not in other disciplines. There is no female staff. The majority
of staff are in the age group of 30 to 50.
3.2.3.4. The real capacity of personnel involved in developing and promulgating
legal normative documents at ministries and ministerial-level bodies
The staff involved in works related to legal documents was mostly trained
in law and other majors. As compared to Ministry of Justice, Prime Minister’s
Office, it is necessary that the personnel of ministries and ministerial-level
bodies receive further training to improve their professionalism (post-graduate),
and further training in State management, foreign language, and computer skills.
3.2.3.5. Capacity of personnel involved in the development of legal normative
documents in localities
Regarding quantity, all specialized agencies under mayors of provinces,
cities and capitals have allocated specific staff for the establishment and
promulgation of legal normative documents, between one and seven. On
average, each agency has from one to three staff assigned to work in the
development and promulgation of legal normative documents. Regarding
quality, most of legal affairs personnel in specialized agencies are university
graduates in law or other majors. Regarding professional ability, the ability of
legal affairs staff in specialized agencies under majors of provinces, cities and
capitals are initially trained and enhanced.
3.2.3.6. General assessment of the capacity of personnel directly involved in the
development of legal normative documents
Advantages: Ministries and ministerial-level agencies have paid adequate
attention to intensifying the personnel directly involved in the development of
legal normative documents in terms of quantity and quality through further
training. The contingent of staff directly involved in the development of legal
normative documents are trained with fundamental background knowledge, and
possessed of firm political will, fair virtuous character, awareness about and
responsibility towards their work, and basically well complete duties allotted.
Limitations: the number of staff directly involved in the development of legal
normative documents in ministries and ministerial-level agencies remains
insufficient. The professional ability has been improved, but many bachelors of
laws display limited specialized knowledge, and vice versa those with adequate
specialized knowledge have not earned a Bachelor’s degree in laws, affecting
the work efficiency. The framework of the contingent directly involved in the
development of legal normative documents remains inadequate with
requirements of the duty, responsibility, and position. The knowledge and ability
to analyse policies, and to forecast the impacts of legal documents on socioeconomic life, and capacity to organise and implement work of some staff
remain restricted.
3.2.4. The reality of the process of developing and adopting legal normative
documents
3.2.4.1. The reality of the process of adopting legal normative documents by the
Government
The Law on Promulgation of Legal Normative Documents has recently
been enacted but lacks of specific and scientific regulations on the process of
developing and adopting legal documents by the Government and Prime
Minister.
3.2.4.2. The reality of the process of adopting legal normative documents by
ministers and heads of ministerial-level agencies
There is a shortage of specific regulations on the process of making and
adopting legal normative documents by ministers, and heads of ministerial-level
bodies, limiting the quality of making and adopting legal normative documents
by these bodies.
3.2.4.3. The reality of the process of making and promulgating legal normative
documents by local authorities
Due to the lack of general regulations, the promulgation of legal normative
documents in localities does not follow a consistent process, making the order and
procedures of adopting legal normative documents different among localities, thus,
restricting the quality of making and adopting legal documents.
3.2.5. The reality of co-ordination mechanism, financial regime, and material
facilities, and conditions for the making and adopting legal normative
documents
3.2.5.1. In regard to duty performance and co-ordination mechanism among
State administrative agencies in making and adopting legal normative
documents
Advantages: regulations on the process of making and adopting legal
normative documents have been introduced to put the work in order. Working
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