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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

implementation has occurred. In some communes, especially ones in remote
and ethnic minority areas, the implementation has not been carried out
consistently and regularly, failing to meet the requirements of new tasks.
In some cases, civil servants have also overlooked or avoided dealing
with the concerns of people due to lack of accountability. The policy “people
know, people discuss, people do” has not been supervised and implemented
specifically such as land clearance and compensation, budget revenues, land
planning, movement to build new rural areas, the implementation of programs
134, 135, etc., which led to the loss of people's trust in government and the
leadership of the Party. On the other hand, the Central Highlands have
specific characteristics on population, ethnicity and a part of the population
has low educational level so citizen obligations have not been done properly.
Some even have abused democracy to serve group interests without
considering community and national interests, cooperating with reactionary
Fulro organization inside the country and overseas to cause many obstacles
during the process of democracy law implementation. In addition, some
provisions of the democracy law for mountainous areas are not suited to
practice and have low level of feasibility, which has affected the effective
implementation of the law on democracy in communes, wards and towns.
Therefore, the comprehensive research of democracy law
implementation in communes, wards and towns of the Central Highlands is of
practical significance and urgency at present situation.
With these reasons, I would like to choose the theme “Implementation
of the law on democracy in communes, wards and towns of the Central
Highlands” for my Doctoral thesis specialized in Theory and History of
State and Law.
2. The purpose and tasks of research
2.1. Purpose of research
The purpose of the thesis is on the basis of theoretical research and
practical implementation of the law on democracy in communes, wards and

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

implementation of democracy law in communes, wards and towns in the
Central Highlands provinces from the perspective of Theory and History of
State and Law. Based on the purpose of research, thesis focuses on grassroots
party organizations, governments , Fatherland Front and mass organizations at
communes, wards, and towns; civil servants and people directly involved in
the implementation of the law on democracy in communes, wards and towns .
3.2 . Scope of the thesis
For the purpose of in-depth study, the research mainly focuses on
assessing the situation and justifying the role and the method to deploy and
implement democracy law in communes, villages and hamlets of five Central
Highland provinces, including Dak Lak, Dak Nong, Gia Lai, Kon Tum and
Lam Dong from 1998 to present. (after the Politburo term VIII issued
Directive No. 30-CT/TW dated 02/18/1998 with the focus from 2007 to
present, ie when implementing Ordinance No. 34/2007/PL-UBTVQH11 to
implement democracy in communes, wards and towns).
4. Rationale and methods of the research
- The thesis is based on the basic principles of Marxism - Leninism and
Ho Chi Minh’s views, guidelines and policies of the Party and State on State
and law in general, democracy law in communes, wards and towns in
particular, and reference works related to the subject which have been
published.
- The research is based on the methodology of Marxism - Leninism;
using the methods of scientific research and interdisciplinary approach such
as system methods, logic method, historical methods, analytical methods -
aggregate, statistical methods - comparison and methods of sociological
investigation. These methods are used to clarify the basic content of the
thesis, ensure scientific and logical characteristics in solving problems in the
chapters of the thesis.
5. New contributions of the thesis
The dissertation is the first work, relatively systematic and

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

democracy law in communes, wards, and towns in the Central Highlands
provinces. The thesis will be valuable reference for research and teaching in
the Center for Politics and Political fostering of districts in the Central
Highlands provinces.
7. Structure of the thesis
Besides the introduction, conclusion, list of researchers, the list of
references and appendices, the thesis includes 4 chapters, 12.
Chapter 1
OVERVIEW OF
RESEARCH SITUATION IN RELATION WITH THE SUBJECT
1.1. The research situation in Vietnam
Research issues of democracy, democratic law, implementation of
democracy law in communes, wards and towns consist of 2 groups: first,
research related to democratic and legal law of democracy in communes,
wards and towns; second, research related to the implementation of the law
and implementing legislation on democracy in communes, wards and towns.
1.2. The situation for international research
Research issues of democracy and democratic legislation,
implementing legislation has been studied in details. Besides scientists also
have projects related to democracy and democratic law on the basis of
overseas research including the following two groups: first, the study
involved democracy and law on the basis of democracy; second, the research
work related to the implementation of the law in general and the
implementation of law on the basis of democracy.
1.3. The issues need further study
In terms of theory, the research needs to clarify
- The concept of democracy in communes, wards and towns, the law of
democracy in communes, wards and towns - the conceptual tools to study law
concept of democracy implementation in communes, wards and towns.
Besides, legal concept of democracy in communes , wards and towns and the

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

The results of the first study show that there have been many research
works published inside and outside the country, involving the following basic
groups of problems:
- The research related to performance issues and legislation on
democratic democracy in communes, wards and townships: the works in this
group refers to a number of theoretical issues and practical implementation of
democracy in society; content, implementation mechanisms, implementing
some forms of direct democracy; refers to a number of theoretical issues of
law democracy in communes, wards and towns. At the same time at different
levels of reality works mentioned are the laws of democracy in communes,
wards and towns; on that basis, point out the limitations and weaknesses of
the law and propose measures to improve the law of democracy in communes,
wards and towns.
- The research related to the implementation of the law and
implementing legislation on democracy in communes, wards and towns: these
works are mainly studied in terms of implementation of the law and
implementing legislation on democracy in communes, wards and towns; the
success, limitations and problems set forth in the construction and
implementation of the law on the basis of democracy in general and localities
in particular.
- The works of international and Vietnamese authors study the
implementation issues of democracy, democratic law, implementing the law
on the basis of democracy, having reference value for Vietnam.
Chapter 2
RATIONALE FOR IMPLEMENTING LEGISLATION ON
DEMOCRACY IN COMMUNES, WARDS AND TOWNS
2.1. Concept, regulation content of democracy law in communes, wards
and towns
2.1.1. The concept of democracy in communes, wards and towns
Democracy in communes, wards and towns is the form that people

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

towns conducted by multiple law subjects
Implementation of the law on democracy in communes, wards and
towns is the legal provisions in many different fields, the responsibility of
many people. To make the democracy law effective in communes, wards and
towns, legal entities must be incorporated.
2.2.2.2. Implementation of the law on democracy in communes, wards and
towns is regularly active, constantly taking place in communes; villages and
hamlets and groups
Implementation of the law on democracy in communes, wards and
towns first is still the principle "all state power belongs to the people" but
placed in broader context, namely communes, villages, groups - the residence
and activities of the great majority of the strata. This is where people can feel
the reality of their ownership at the commune level, which is not the district,
provincial and central government.
2.2.2.3. Implementation of the law on democracy in commune, wards and
towns have implemented content on all areas of social life
Implementation of the law on democracy in communes, wards and
town has extensive content, including content on all areas of social life,
directly related to the rights and interests of citizens to ensure the law is
implemented well in communes, villages and groups. Democratic law also
stipulates the construction of rules or social conventions, community,
contributed to security and order where villages and hamlets, groups and
ensuring the peaceful life of people.
2.2.3. Legal forms to implement democracy in communes, wards and towns
Legal compliance in implementing the law on democracy in
communes, wards and towns is implementing legal form, in which the legal
entity itself is not done to curb the behavior, measures activities of democracy
law in communes, wards and towns which are prohibited, not allowed being
implemented. "Prohibition" in the legal exercise of democracy in communes
is primarily defined in Ordinance Implementing democracy in communes,

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

communes, wards and towns
2.3.1.1. Implementation of the law on democracy in communes, wards and
towns contributes to building up the rule of law and strong grassroots
political system
Implementation of the law on democracy in communes, wards and
towns, in particular, the biggest impact is the implementation of the law on
democratic methods contributing to innovative leadership, executive
management towards a democratic, open and transparent, practical stick,
overcome bureaucracy, authoritarianism, avoid mistakes, shortcomings of
local authorities, especially in management and administration. Active
implementation of democracy in coordination with the Vietnam Fatherland
Front and mass organizations for capacity building increases prestige,
contributing to building a strong base.
2.3.1.2. Implementation of the law on democracy in communes, wards and
towns contributes to ensuring the legitimate rights and interests of the people
Implementation of the law on democracy in communes, wards and
towns contributes to the realization of the views, guidelines and policies of
the Party and the state of democracy in practical life of the people at the
commune level. The implementation of democratic laws takes place in the
field of legal basis, self-employed people but also for the Party, the State with
increasingly more practical basis for planning policy, improving the law,
people are the true creators of history, have the legitimate rights and interests
guaranteed in practice.
2.3.1.3. Implementation of the law on democracy in communes, wards and
towns contributes to economic development, cultural, social security and
maintain political, social order and safety in the commune
Implementation of the law on democracy in communes, wards and
towns as a basis for maintaining political security, social order and safety
contributes to the function of maintaining social order. Law forbids all acts
that lack of democracy, affect the rights and legitimate interests of citizens.

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

Communist Party of Vietnam to implement the law and the law of democracy
in communes, wards and towns. Political orientation of the party for the
consolidation, expansion and promotion of socialist democracy in general and
the law of democracy in communes, wards and towns in particular expressed
primarily in the degree of concern and perceptions of the leadership of the
party, role and importance of the implementation of the law on democracy in
communes, wards and towns. Ensuring politics is essential for the effective
implementation of democratic law under the absolute leadership of the Party
in all fields of social life, it forms the basis of consolidation stance for party
members, cadres in society, strengthening people's confidence in the Party
and State.
2.3.2.2. Economic guarantees
Implementation of the law on democracy in communes, wards and
towns need to be assured about the economy. It is the necessary condition of
facilities, funding and infrastructure for the implementation of democracy law
in communes, wards and townships in real life. The economic development
prospects of ensuring democracy, economic development will create a
middle-class and will create conditions for highly educated people and it is a
new environment to democratization.
2.3.2.3. Cultural - social guarantees
Implementation of the provisions of the law on social democracy
contributes to the lives of residents in villages and hamlets, groups, solidarity
and consensus. The ownership of the people in the cultural sector reflects
social focus on improving literacy levels, cultural life build healthy spirit of
grassroots and strengthen solidarity in the community, traditional moral
education, culture, as well as raising political consciousness of the people.
This condition is a solid basis to continue to promote the people's sovereignty
and build a strong political system on the commune level.
2.3.2.4. Legal guarantees
To bring the law to life, promote efficiency social relations, adjustment

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

towns. The thesis points out and analyzes the conditions for the
implementation of the law of democracy in communes, wards and towns.
Research experience in implementation of the law on democracy in
communes, wards and towns of the provinces can apply for the Central
Highland provinces.
Chapter 3
THE PROCESS OF DEMOCRACY LAW DEVELOPMENT IN
COMMUNES, WARDS AND TOWNSHIPS IN THE CENTRAL
HIGHLAND PROVINCES
3.1. The process of formation and development of democratic law in
communes, wards and towns in Vietnam
3.1.1. Law of democracy in communes, wards and towns from 1946 to 1998
Legal research on democracy in this period shows that the law has
created an important legal framework of the process of expanding and
promoting the democratic rights of the people in all areas of law on
democratic institutionalized perspective, the Party line on sovereignty, self-
determination of the people; create a legal basis to adjust some relations
arising in the process of building socialist democracy in our country, namely:
the right to determine, the right to vote, the right to work, the right to rest, the
right to work, lodge complaints and denunciations and protest rights, business
freedom, the right to inviolability of the home, objects, letters However,
representative democracy is still not clear in terms of nature and specific
regulations; there are many "gaps" that cannot be adjusted, making it difficult
for the use and application of the law in particular and the general
implementation of the law.
3.1.2. Law of democracy in communes, wards and towns from 1998 to
present
The laws of democracy in communes, wards and towns specifies the
content: people know, people discuss, people decide; citizen participation and
supervision, partly reflecting economic conditions, Vietnam's social reform,

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

towns. Thus, the results obtained were very encouraging. However, the legal
entities have not abided the law completely in terms of "prohibit" provisions
of democracy Ordinance in communes, wards and towns, the Law on
Complaints, the Inspection Law, the Law on the Anti –Corruption, Vietnam
Fatherland Front Law
3.2.3. Current status of law observance of democracy in communes,
wards and towns in the Central Highlands
The ownership of the people can only be done in real life when the
state agencies, civil servants and citizens perform their legal obligations in
positive activities. Accordingly, in the process of implementation,
organizations, civil servants and citizens have to take seriously the
responsibilities of their legal obligations by democracy law in communes,
wards, towns. However, democracy regulations have not been carried well in
some workplaces without transparency in the voting of capital investment,
policies lack of effective implementation. The implementation of election
forms also limits the electoral process and civic consciousness. A majority of
people have not really respected voting rights of citizens, the common law of
economy mainly because people lack information. The observance of the
regulations is not timely and flippant.
3.2.4. The actual use of the law of democracy in communes, wards and
towns of the Central Highlands
Implementation of the law on democracy in communes, wards and
towns has different characteristics to perform a number of areas of law such
as criminal, administrative areas , so the implementation of the law on
democracy in communes, wards, towns mainly focused on using legal forms.
The subjects, a large number of people may use multiple forms to implement
ownership, their right to self-determination. Commune governments have the
responsibility to respect and to create conditions for people to use democratic
rights in all fields. However, in practice people in the Central Highlands
provinces are still not fully aware of their responsibilities in the

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

* The cause of the advantages : The process of deploying,
implementing democratic legislation in communes, wards and towns in the
Central Highlands provinces has obtained the basic achievements, attributable
to the Party committees, government , unions and people of the Central
Highlands rightly have perceived the importance of the implementation of the
law on democracy in communes, wards and towns; attention and close
guidance of the Party committees, local governments; The education level of
workers, grassroots members of the Central Highlands has good development
than before.
* The cause of these limitations: the system of legal documents is not
consistent; there is no law to regulate in a most general way; harsh natural
conditions, migration, resource conflicts; fiercely fighting against the forces
of the enemy, FULRO reactionary forces at home and abroad; propagation
and dissemination of implementation of democratic law, all experiences in the
implementation process are not exchanged and disseminated
3.3.2. Lessons learned in implementing the law on democracy in
communes, wards and towns in the provinces of the Central Highlands
From the practical implementation of the law of democracy in
communes, wards and towns in the Central Highlands provinces, we can draw
6 lessons: ensuring the role and capacity of the Party leadership at different
levels of villages and groups; team building to communal cadres, particularly
minority officers; performing flexibly, creatively the motto "people know,
people discuss, people do and people check”; making good role in advising
the Party committees; focus on solving FULRO problems, political stability
and socio-economic development of ethnic minority areas; strengthening
people's confidence in the Party and government; implementation of the law
of democracy in communes, wards and towns in the Central Highlands
provinces need to promote the role of elders, clan heads, dignitaries, religious
dignitaries.
Conclusion Chapter 3

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

4.1.2. Raise awareness of subjects on position, role and importance of the
implementation of the democratic law in communes, wards and towns in the
Central Highlands region
To have real democracy in the country, each person and commune need
to raise awareness for cadres and people of the role and importance of the
civil law, thereby promoting self-discipline and morale of all citizens and
organizations in the implementation for democratic law. Each of these people
have to understand their rights, their duties.
4.1.3. Implementation of the law on democracy in communes, wards and
towns must be consistent and associated with specific conditions, in
particular economy, culture, society, security and defense in the Central
Highlands
Law of democracy in communes, wards and towns stipulated in several
documents issued by the State is universal, but besides that, the
implementation process should also take into account characteristics of the
locality, especially socio-economic conditions, the distinctive political, socio-
economic, cultural situations of each locality, as well as psychological and
cultural traditions, beliefs, rituals, lifestyle, custom, habits to meet the
aspirations of the people in each area.
4.1.4. Implementing legislation on social democracy in the Central
Highlands provinces to boost fight against bureaucracy, corruption,
wastefulness; while protecting the rights and legitimate interests of citizens
Strengthen advocacy, education, awarenes, sense of responsibility of
officials and party members, civil servants and the people on the prevention
of corruption and waste. The Party committees, governments, people's
organizations from district to commune maintain regular implementation, the
Law on the Anti –Corruption, Law on saving practice and waste combat to
civil servants, party members and the people. Measures combat bureaucratic
corruption combined with the Party and government building. Implementation
of laws and regulations of democracy in society, transparency of public

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,

especially the ethnic minority communes, the revolutionary base areas , the
new economy are still not familiar with the documents of the Party State and
Government legal democratic society in many communication channels are
limited. Therefore, the level of industry in the Central Highlands, by all
measures needed to strengthen propaganda and education to make people
understand the purpose, meaning, the importance of the law of democracy in
communes, wards towns.
4.2.2. Specific solutions for the Central Highlands
4.2.2.1. Consolidating and strengthening at the commune level of the Central
Highlands
- Strengthen the leadership of party committees to implement
democracy law in communes, wards and towns in the Central Highlands
provinces. Implementation of the law on democracy in communes, wards and
towns in the Central Highlands provinces depends greatly on the leadership
and guidance of party organizations at the grassroots. The committees, party
cells, especially at the villages and hamlets need to be deployed, discussed
and given feedback to implement laws and democratic communes, wards and
towns.
- Improve the quality of operations in the Central Highlands from the
practical situation of Highland, the quality of implementation of the law of
democracy in society, attention should be paid to strengthening the focus,
building a strong, advanced qualifications, leadership skills, executive
management for communal cadres. It is a prerequisite for socio-economic
development, political stability in the Central Highlands .
4.2.2.2 . Make good relationship with the community, village, groups in the
Central Highlands provinces
For implementation of democracy law in communes, wards and towns,
it is necessary to make good relationship in rural communities, villages and
population groups. The rural population residing together, producing, living
on the same area have intimate relationships with each other, but activities

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

villages in accordance with what people have been told from hundreds of
years through customary law.
4.2.2.6. Build mode, specific treatment policy for communal cadres,
especially ethnic minority officers in the Central Highlands provinces
The Central Highlands has many traits with specific characteristics in
terms of natural, economic, cultural, social features. Therefore, policies and
regimes for the team in the Central Highlands of communal cadres need to be
concerned. There must be a priority for communal cadres in difficult areas.
4.2.2.7. Implementation of the law on democracy in communes, wards and
towns combined with socio-economic development, fortify national defense
and security to ensure social order and safety in the Central Highlands
provinces
Continuing to innovate methods of operation of the police force,
building security associated with national defense, strengthen measures to
mobilize people, base on the people to understand the situation promptly and
detect any active plot of the hostile forces and crime against the
implementation process of democratic law on the Central Highlands
provinces.
4.2.2.8. Periodically summarizing practices, learn from experience in
implementing legislation on democracy in communes, wards and towns in the
provinces of the Central Highlands
Preliminary and final reviews should be carried out to draw experiences,
indicating the limitations, weaknesses related to the role, the responsibility of
organizations and individuals.
Conclusion Chapter 4
To become the country's key area of socio-economic status, security
and defense, it is necessary to ensure the people's right to mastery. With that
sense, promoting , enhancing operational efficiency legislation implementing
democracy in communes, wards and towns in the provinces of the Central
Highlands in the current period should be based on the direction, namely:

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

necessary to study in a comprehensive and profound way the problems of
implementing democratic legislation in communes, wards and towns in the
Central Highlands on both theoretical and practical aspects, offering
systematic and specific solutions to promote the achievements and
overcoming limitations. From the results of research conducted on democratic
law in communes, wards and towns in the provinces of the Central Highlands,
we draw some conclusions as follows:
1. Through concepts, categories of scientific theories and laws of the
State, the thesis has developed and analyzed a number of theoretical issues of
democracy law in communes, wards and towns such as democracy concept at
communes, wards and towns ; law concept of democracy in communes, wards
and towns, the legal contents 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;
experience in the implementation of democratic law in wards and towns is of
valuable reference for the Central Highlands.
2. Based on the theoretical premise, the thesis was a comprehensive n
system of law of democracy and democratic law in communes, wards and
towns from 1946 to present, indicating achievements and limitations on the
form and content of the system. At the same time the analysis and evaluation
of specific factors affecting the quality of implementation of the law of
democracy in communes, wards and towns in the provinces of the Central
Highlands are also taken into consideration. Analysis and evaluation of the
pros and cons of implementation of the law, the status of democracy in
communes, wards and towns in the Central Highlands provinces in recent
years has been carried out, indicating the cause of the advantages and
limitations. On that basis, we can draw 6 lessons learned from the
implementation of the law on democracy in communes, wards and towns in
the provinces of the Central Highlands .

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”.