Tactical Plan: Nâng cao sự hiểu biết Pháp luật của người dân thông qua việc thành lập tổ trợ giúp pháp lý xã Thới An Hội

IMPROVING UNDERSTANDING OF THE LAWS TO
PEOPLE THROUGH THE ESTABLISHMENT OF
THOI AN HOI COMMUNE LEGAL AID DEPARTMENT

GRADUATE SCHOOL
Southern Leyte State University
Sogod, Southern Leyte, Philippines

TRAN HUY THINH
NGUYEN QUOC KHAI
September 2016


IMPROVING UNDERSTANDING OF THE LAWS
TO PEOPLE THROUGH THE ESTABLISHMENT OF
THOI AN HOI COMMUNE LEGAL AID DEPARTMENT

A Tactical Plan and Its Implementation
Presented to the Faculty of the Graduate School
SOUTHERN LEYTE STATE UNIVERSITY
Main Campus - Sogod, Southern Leyte, Philippines

In Partial Fulfillment
of the Requirement for the Degree
MASTER IN MANAGEMENT

TRAN HUY THINH
NGUYEN QUOC KHAI
September 2016

APPROVAL SHEET

ii


PANEL OF EXAMINERS

iii


ACKNOWLEDGMENT
We appreciate the enthusiasm sharing, helping and contributing of
teachers during the studying duration of the authors.
Master in Management is a required course for all those who manage
and those who have achieved the goal of knowledge management which is good
for business. To complete this course, We have received a lot of help from many
people and organizations, so We would like to give you thanks!
First of all, We would like to thank our parents and our family has always
supported us every way so that We can continue learning and improve
knowledge management for ourselves.
We really want to say “Thanks” Dr. Diep Thanh Tung guided, shared and
helped us complete our Tactical Plan.
We sincerely thank all the teachers of the SLSU for teaching and sharing
knowledge on managing during the process of learning and study.
We also thank the cooperation of officials and staff of the CICET of Tra
Vinh University has always supported us before and during the study.
Besides, We appreciate the staff of Thoi An Hoi CPC has helped us to
plan and implement its Tactical Plan during the past years.
Finally, We also thank the panel of examiners headed by Dr.Annabelle
M.Hufalar, Dean of the Graduate school of SLSU Who helped us in improving

this manuscript.
Once again, I would like to put my deepest gratitude to all!
The authors

iv


TABLE OF CONTENTS
TITLE
Title page
Approval sheet
Panel of Examiners
Acknowledgment
Table of contents
List of tables
List of figures

PAGE
ii
iii
iv
v
vii
viii
PART I - TACTICAL PLAN

Overview
Agency Profile
Vision, Mission, Goals and Philosophy
Historical background

Nature of work
Relevant Facts
Statement of the Problem
Situational Analysis
Selection and Identification of the Problem
Impact of Solving Identified Problem
To the Organization
To the Beneficiaries
Proposed Solution
Project Title
Project Location
Target Beneficiaries
Objectives
Implementation Strategies
Course of Actions/Activities
Schedule
Budget
Challenges
PART II: IMPLEMENTATION REPORT
Implementation Report
Introduction
Narrative Report
Evaluation Report
Conclusion
Recommendation
Sustainability of the Implementation plan
APPENDICES
Assessments of local managers
Detailed plan to open the Legal Aid class
The statement asking for a decision to establish the Legal Aid

v

1
3
3
5
6
7
7
7
11
11
11
12
16
16
16
16
16
19
19
19
20
20
21
21
23
24
24
25

26
31
32


Department
Decision for Establishing the Legal Aid Department
Questionnaire Form of the Legal Aid Results
Report of the Results of Opening the Legal Aid class
Meeting report for the resulting assessment
Frequency Tables from Questionnaire for the Legal Aid Results
Pictures
Bibliography
CURRICULUM VITAE

34
37
38
39
40
43
50
51

LIST OF TABLE
Table
1
2
3
4

5
6
7
8
9

Title
Activities and Its results in year 2015
Strategic Alternative Analysis Matrix
Criteria for Assessing Alternative Options
SWOT Analysis
Budgetary requirements
The laws were aided
Satisfied scale about the Legal Aid
The needs to be aided in the future
The requests for next time
vi

Page
7
14
15
17
20
41
41
41
42

LIST OF FIGURES
Figure
1
2
3

Title
Number of the complaints in recent 4 years
Number of the litigations and successful mediations
in recent 4 years
Organizational Chart of Legal Aid Department

vii

Page
2
8
36


viii


PART I
TACTICAL PLAN


OVERVIEW
People’s Committee of Thoi An Hoi Commune is one of the 11
communes and towns of Ke Sach District, Soc Trang Province, located in the

district center with the area 32.66 km2, the total population of 15,246 people,
including 3459 ethnic Khmer people, accounting 22.69 % ; 57 ethnic Chinese
who make up 0.37 % ; Kinh 11 730 people , accounting for 76.94 % , the majority
of people follow Buddhism. Local people live mainly by agriculture as livestock
and poultry, rice, fruits and vegetables of all kinds, typically as:
Crops:
Perennials: coconut, grapefruit, oranges, tangerines, durian and other
fruit trees occupy 1,008ha.
Food crops, mainly rice occupy 5,944ha.
And the other tropical crops occupy 120 ha
Breeding:
Cattle: 81 cows, 5.950 pigs, mostly used for meat.
Poultry: 85,000 ducks and chicken for eggs and meat.
Aquaculture: Mostly freshwater kinds occupy 253ha.
Thoi An Hoi commune also has 72 industrial facilities and handicrafts
such as embroidery, baskets, bamboo furniture, boats and so on.
Services in Thoi An Hoi are mainly selling household items, daily
necessities and electronic communications, but the turnover is low and small.
The People's Committee of Thoi An Hoi has political duties as executive
management about the economy and culture in local society. In addition, Thoi An

1


Hoi also performs state management in various fields such as agriculture,
forestry, fisheries, handicrafts, transport, construction, national security, defense,
education and dissemination of law, legal aid, ethnicity, religion and so on.
In the process of performing the function of executive management,
beside the achievements, Thoi An Hoi is still facing many difficulties and
challenges. For example,

science and technology transfer and economic

structural change are slow and low; insecurity and disorder sometimes happen;
the low price of agricultural commodities is not worthy of people's money and
effort and the knowledge of the laws of the local people is not high.
Among them, more and more complaints of people have occurred, many
of which are not worth the complaint. The local difficulties inherent will lead to an
inevitable result that makes the social economic development of the commune
low that means the People’s Committe of Thoi An Hoi does not accomplish their
tasks well.

Figure 1 – Number of the complaints in recent 4 years

2


To overcome the difficulties above, the People's Committee of Thoi An
Hoi’s aims is "Improving the understanding of laws for people”.
If the set targets are to comply with the plan will address the following
outstanding issues.
Limiting unnecessary lawsuits and violation of law is the immediate
target of the people's committee Thoi An Hoi. Besides, improving the
understanding of laws for the people also contributes to maintain security and
order, increase the competitiveness and survival of local businesses in business
activities and the economic integration into the World.

AGENCY PROFILE
Vision, Mission, Goals and Philosophy
Vision

Strive for 2020, Thoi An Hoi will become one of the administrative units
firmly on the political, economic strength within the province in particular and the
country in general.
Mission
The People's Committee of Thoi An Hoi has tasks of improving the
material and spiritual lives of local people, providing the basis to meet the
requirements of economic development of the local society in the new situation.

3


The People's Committee of Thoi An Hoi has duties on propagandizing
good traditional education to the local young generation nearby.

Also, The People's Committee of Thoi An Hoi has continued to
encourage and enhance the quality of education and training to create the talents
for the country.
Finally, The People's Committee of Thoi An Hoi has tried to maintain
political stability, security and order in the commune.

Goals
After Vietnam began opening to the World (1986), so far Vietnam has
gone through many stages of ups and downs development, but has still
maintained the purpose is to build a country of Vietnam: "prosperous people, a
strong country, democracy, justice and civilization". To realize this purpose, every
province, every district and every commune must strive. Focus on social and
economic development in a sustainable and balancing manner. Although each
local commune has completely different characteristics to the trend of socialeconomic development in many different ways, but the overall is not far from the
noble purpose that people have chosen.
Philosophy

People know, people discuss, people do and people check.
Rich people, strong country, social justice, democracy and civilization.

4


Historical
background

Before

the

nineteenth century,
Thoi An Hoi was an
uncultivated,
swampy,
populated
Until

the

sparsely
land.
second

half of the nineteenth century the free flow of migrants from neighboring
provinces like Tra Vinh, Ben Tre, Long An, Tien Giang turned down the Hau river
to the land and changed it into the cultivated areas, to do business here and Thoi
An Hoi commune was formed thereby.

Thoi An Hoi people come from different places, but share the same
desire to live, believe in a better future. With deft hands and tireless labors, Thoi
An Hoi people have turned this region from a wasteland into the immense green
rice paddies. Villagers united for reclamation and deforestation for agriculture
converting the land become prosperous and began to trade with other localities
in the district and within the province.
In French colonial time, people experienced their lives very difficultly.
People suffered hundreds of unjustifiable taxes; their land was robbed and under
the control of landlords. The people became very poor and destitute.

5


After independence and the country completely unified on April 30 th,
1975 Thoi An Hoi turned a new page. Mingling with the country, in particular Thoi
An Hoi enthusiastically celebrated the victory in the whole country in general.
Thoi An Hoi commune also generated many social relationships requiring
government to take over and manage the social and economic problems. In this
situation, the government issued a decision to establish the People 's Committee
of Thoi An Hoi on governance issues in the local society and exists until today.

Nature of work
The Nature of work of the Commune People's Committee is non-profit
activities, providing public services to serve the people. People's lives are
improved both physically and mentally which is the highest profit.

Relevant Facts
Table 1: Activites and Its results in the year 2015
No
1

Activity
Civil

Result
857
6

Unit
cases


2
3
4
5
6
7
8
9
10
11
12
13

Authentication
Social and cultural
Security and Defense
Building the Political system
Cadastral

Poverty Reduction
Jobs
Social Security
New Rural Construction
Rural Transport
Reconciliation
Economy

5,969
7
18
Being thorough the Resolution
33
210
470
2,890,000,000
13/19
6.55
66
1,025 rice and vegetable

cases
schools
cases
one time
documents
households
people
VND
criterias

kilometers
cases
hectares

STATEMENT OF THE PROBLEM
Situational Analysis
In recent years, the People 's Committee of Thoi An Hoi is making efforts
to control all social and economic activities in local on the best and possible
ways. Thoi An Hoi has made significant achievements. People's living standards
are raised and infrastructure and education are gradually improving. However,
besides the successes are achieved, there are still certain difficulties. Among
them, bringing to legal proceeding between people has been constantly
increasing. Much of the complaint are not necessary that leads to the waste of
time, money and efforts to resolve and reconcile.

7


Figure 2 - Number of the Litigations and Successful mediations
in recent 4 years
The reason is that today the majority of people in the local area has limited
legal knowledge because every day people have less chance to approach the
legal documents and the poverty is still high. Therefore, people only focus on
their work on the fields. Besides, some of the law books are less in the
communal library and the propaganda of the law to people is not effective.
Therefore, arguments and their submitted complaints to higher level courts due
to lack of legal knowledge happen frequently. Many cases lead to conflicts which
cause insecurity and social disorder, even lead to criminal charges.
The above leads to the following consequences. At first, Not only are the
commune officials overloaded with their work, take a lot of time to conduct

conciliation, but also do not they resolve all the c ontradictions. In the long term,
the society will have disordered that makes local economic development slow,
8


makes people lose their faith in the leadership, administration and management
of state agencies in the area.
Using Problem Tree Analysis is to recognize what was the cause of the
core problem “level of understanding of the laws of the people is very limited as
well as its impacts”.
Core problem: People lack knowledge of the laws.
Causes:
Lack of places to study laws: There are not Library in Thoi An Hoi
Commune, so that people do not have a place to study any laws. The Library of
Ke Sach district is far away from the Commune for reading law books.
Lack of law books: The same to Lack of place to study laws. The
People’s Committee of Thoi An Hoi Commune has a few law books supporting to
staff to study and use in many areas. It is not enough to serve people for studying
laws.
Lack of aided staff: The staff of the Commune work for their own duties
all time. While the Litigations is increasing fast, they have no time to aid or
consult people in many legal areas if the People’s Committee do not organize
another activity with its own time.
Inefficient propaganda: With the old way of the propaganda, people
study laws by watching news and listenning radio, but almost people have not
time to watch television while trying to earn money for lives. So that the
propaganda is not effective.

9

Fishborn Analysis

Effects:
With the core problem, “people lack knowledge of the laws” leads to
some bad effects.
Unnecessary lawsuit: In social life, sometimes, people have
inconsistencies each other and many of them are very simple. If people know
some common laws, they can give right solutions for those cases and it is
unnecessary to apply lawsuits to the court. Applying lawsuit to the court can get
much time and other resources to solve it.
Sometimes, an unsuccessful mediation leads to a fight.

10


People will inadvertently violate the laws because of lacking of law
understanding.
Poor integration capabilities: In Integration Age, many foreign
businesses want to run their business in Vietnam and they are not only finding
good partners but also good workers. The need is partners and workers who
must know common international laws and follow other rules of the companies.
As we know, residents in rural areas in Vietnam have poor knowledge of common
laws, and especially, people in Thoi An Hoi commune.

Selection and Identification of the Problem
In short, the core issue need to be solved here is the level of
understanding of the laws of the people limited. We have held internal meetings
and with experts for consultation to analyze to mark the alternatives in order to
select the optimal solution to implement.

Impact of Solving Identified Problem
If the problem is solved, its results can impact the People’s Committee and
beneficiaries strongly in many areas:
To the Organization
The result, reduces the pressure of business for staff, save time when
solving every problem. The People’s Committee also gets more effective in
propaganda. So that, The People’s Committee might manage socio-economy
effectively.
11


To the Beneficiaries
The beneficiaries are people in Thoi An Hoi Commune, they will receive
more benefits such as: People have more time for living instead of unnecessary
litigation. Neighbors will become harmonized because of reducing conflict of
interest, so that the spiritual life will be improved. On the other hand, solving the
problem helps people not violate the laws and enhance integration better.

12


Table 2: Strategic alternative analysis matrix
13


Probability of Social
Alternative Options

Universal junior secondary

Cost

Benefits

Total Rank
Success

Risks

2

4

3

5

14

3

1

5

3

4

13

4

3

4

5

5

17

1

5

3

2

5

15

2

Need to have policies to
promote economic
development

Establishment of the Legal
Aid Department.
Investing legal bookcases in
hamlets so that people have
time to facilitate reading and
understanding.

This is an average score of five local managers, these papers are in
APPENDICES below.

Table 3: Criteria for Assessing Alternative Options

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Criteria

Point Allocation
1-5

Cost

Points

where 1 signifies the most
expensive and 5, the least
expensive

1-5 where 1 signifies the least to
Benefits

generate benefit and 5, the l
most to generate benefit

The most to get the

1-5 where 1 signifies the least to highest points and
Probability of

succeed when implemented rank will be the most

Success

and 5, the most likely to likely

strategies to adopt

succeed
1-5

strategy

where 1 signifies the most

Social and

to

Environmental

social/environmental

Risk

and 5, the least to bring

bring
risk

social/environmental risk

The results obtained from the Strategic Alternative Analysis Matrix
shows that Organizing Legal Aid Department is the most feasible for the highest
graded in four alternatives.
Legal Aid Department for people, including Legal counseling sessions are
held regularly and its facilities with the following functions:
Holding legal consulting sessions on the legal documents related to the
complaint in people such as the Land Law, the Law on marriage and family, Civil
law, Criminal law etc.
Being the place of reconciliation of the complaint of the people.
15

or