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MINISTRY OF TRAINING
AND EDUCATION

MINISTRY OF
HOME AFFAIRS

NATIONAL ACADEMY OF PUBLIC ADMINISTRATION
NGUYEN DUC QUYEN

REGULATION IMPACT ASSESSENT
OF PROVINCIAL GOVERNMENT

Specialisation: Public Management
Code: 9.34.04.03

EXECUTIVE SUMMARY OF
PHD THESIS IN PUBILC ADMINISTRATION

HANOI, 2020


This thesis was completed at National Academy of Public
Administration
Supervisors:
1. Prof., Dr. Nguyen Van Tham
2. Dr. Ha Quang Thanh

Reviewers 1: ………………………………………………
Reviewers 2: ………………………………………………
This thesis will be defensed at the Academy level thesis
defense committees.

Location: Thesis defense and
Meeting room …..
Building ……, National Academy of Public Administration No: 77 Nguyễn Chí Thanh street- Đống Đa District- Ha Noi.
Time: at ……… h ….. date … .....month …. .... year
2020.
The thesis can be found at Vietnam National Library or Library
of National Academy of Public Administration.


PUBLICATIONS OF AUTHOR
1. Nguyen Duc Quyen, Quality of RIA at the provincial Government
in Vietnam, Leadership and Policy Innovation in the digital Age,
Special numbers for 12/2019.
2. Nguyen Duc Quyen, Research about criteria for RIA at the
provincial Government in Vietnam, Journal of Education and Society,
Special issue 2, 6/2018.
3. Nguyen Duc Quyen, Research about experience of RIA control of
some countries, Journal of Education and Society, Journal of
Education and Societ, No 1 - 7/2018.
4. Nguyen Duc Quyen, Improving quality of legal documents by
provincial Government in public sector reform- a practical approach,
Journal of State Management, 9/2014.
5. Nguyen Duc Quyen, Implementation on Legal document Law in Ho
Chi Minh City, Journal of State Management, 10/2014.


INTRODUCTION
1. Rationale of study
The first reason is due to the important role of legal documents in
state management activities of provincial governments. Legal documents

are one of important tool in the management activities of local
governments, including the People's Council and the People's Committee
of the province.
The second comes from the practice of assessing the impact of
legal documents of provincial governments. This has been the cause of
many poor quality documents. During the evaluation process, the
participation of entities outside the Department of Justice and specialized
civil servants is small. The actors participating in the evaluation activities
have not been methodically instructed; not yet fully publicize the results
of the impact assessment report on legislative documents for
organizations and individuals to contribute and supervise; limited
accountability of legal normative agencies is the source of the limitations
in the legal normative impact assessment activities.
These limitations need to be understood in order to provide
appropriate solutions to improve the quality of provincial legal
documents. Not only that, the important issue is that the impact of the text
has not been thoroughly considered and has not created reference
standards for the promulgation of legal documents. In the long run, the
impact assessment of legal documents has been neglected and has not
been given adequate attention by issuing agencies.
Activities of document impact assessment of provincial
governments have not been properly focused so the quality is not high. In
other words, it is imperative and urgent to understand the impact of
legislative documents issued by provincial governments to improve the
quality of the legal normative document.
The third comes from the reality of the study on the impact
assessment of legal documents of provincial governments. In terms of
scientific research, there have not been many studies on impact evaluation
of legal documents issued by local authorities.
At present, there is little research in the field of impact assessment

of legal documents of People's Councils and Provincial People's
Committees. Especially the theoretical system of impact assessment of
legal documents of the People's Councils and Provincial People's
Committees in Vietnam is not only scattered but also fragmented and
incomplete, systematic.
1


From the above interpretations, the author finds that the study of
the impact of legal documents is very necessary, both of high theoretical
and practical value and has chosen the topic "Impact assessment of legal
documents of provincial governments ”to study and make his doctoral
thesis in Public Management.
2. The purposes and research tasks of thesis
2.1. Research purposes
The dissertation's research purpose is through the study of impact
assessment activities before the legal documents of provincial
governments to propose solutions to further improve this activity,
indirectly contributing to improve the quality of legal documents of
provincial governments.
2.2. Research tasks of the thesis
Firstly, an overview of national and international research works
on impact assessment of legal documents of provincial governments.
Secondly, forming the theoretical framework for pre-impact
assessment of legal documents of provincial governments, including:
Systematizing theoretical issues on legal documents issued by the local
authorities; Systematize theoretical issues related to impact assessment of
local government legislative documents; Develop evaluation criteria for
impact assessment activities of legislative documents of local
governments; Studying practical experiences of some countries related to

previous impact assessment activities of legal documents.
Thirdly, analyzing the status of activities to assess the impact of
legislative documents of provincial governments from there to make
recommendations and solutions to improve the quality of this activity.
Whereby:
- Conducting survey on impact assessment of legal documents
promulgated by local authorities.
- Identify the status of activities of assessing the impact of local
legal documents at the provincial level.
- The analysis finds the causes that led to the limitations in the
implementation of legal document assessment activities of the provincial
governments.
Fourth, seek solutions to improve the impact assessment activities
of provincial governments to contribute to improving the quality of
provincial legal documents.
2


3. Research focus and scope
3.1. Research focus
In the scope of this thesis, the author focuses on clarifying the
impact assessment activities before the legal documents issued by the
provincial governments.
3.2. Research scope
Locations of research: Provincial governments in Vietnam. Scope
of content: focus on analyzing and clarifying impact assessment
activities before legal documents of provincial governments. Time range:
The thesis conducted the survey from March 2016 to September 2016.
Secondary data was collected from 2015 to the present.
4. Methodology and researh methods

4.1. Research methodology
The methodology is the principles of dialectical materialism
and historical materialism, the Party's views and policies.
4.2. Research methods
The first is the method of collecting secondary documents.
Secondly, the method of sociological investigation is also used in
this thesis.
In order to carry out the research, the thesis conducts a survey of
civil servants in some localities including Binh Phuoc province, Ho Chi
Minh City. Can Tho City. HCM City. Da Nang, Lam Dong, Hung Yen,
Bac Lieu, Phu Yen and Vinh Phuc.
Thirdly, methods of analysis and synthesis. The documents,
information and data collected were analyzed, evaluated and reviewed by
the author on aspects of legal science and public policy science. The
author also summarizes conclusions about the practical work of
elaborating and promulgating legal documents of provincial governments
in Vietnam today.
5. Scientific hypotheses and research questions
5.1. Scientific hypotheses
Impact assessment of legislative documents of local governments
in Vietnam is currently not guaranteed, indirectly making the quality of
legal documents issued not good. Accordingly, there should be solutions
to improve the quality of this assessment.
From the general hypothesis above, the thesis offers the following
specific hypotheses:
3


- Impact assessment activities before legal documents of
provincial governments mainly focus on aspects in accordance with the

legal system, the system of administrative procedures that overlook or
ignore the Other aspects such as economic, social and gender aspects.
- Provincial governments mainly use qualitative methods in impact
assessment documents.
- The impact assessment activities before the legal documents of
the provincial governments have not been carried out according to a
scientific and unified process.
- The problem of controlling and evaluating the impact of legal
documents has not really been considered in the impact assessment
activities of the provincial authorities.
5.2. Research questions
- The most general research question is: How is the impact
assessment activity before the current provincial legal documents?
- Accordingly, there are specific research questions as follows:
- Is the content of impact assessment before existing provincial
legal documents guaranteed?
- How is the impact assessment before the legal documents of
provincial governments take place?
- Is the actor of the impact assessment before the legal documents
of local governments guaranteed?
- How is the impact assessment method applied to legal documents
of provincial governments?
- How is the control of the impact assessment activities before the
current provincial legal documents?
- What causes the limitations of valuable activities impacting on
legal documents of provincial governments?
- What solutions are needed to make this activity more secure?
5. Scientific and practical significance of the topic
Regarding scientific significance: The thesis has made positive
contributions to the systematization of the theory of prior impact

assessment of legal documents which are still scattered in the context of
research in Vietnam; propose criteria (content) to assess the previous
impact of legislative documents of provincial governments.
In terms of practical significance: The thesis provides an
objective view of the current status of the previous assessment of legal
4


documents at this level of government. Thereby making
recommendations to relevant state agencies at the central and local levels
on solutions to improve the quality of pre-legal assessment activities of
provincial governments. Not only that, the thesis is also an essential
reference for teaching about laws and promulgating legal documents in
domestic training institutions.
7. New points of the thesis
Through the research process, the thesis has some new points
below:
Firstly, the thesis does not focus on text impact assessment like
RIA studies, but focuses on analyzing and evaluating the impact
assessment process before legal documents. This is a new research
content that has little research in Vietnam.
Secondly, the thesis has built a theoretical framework to evaluate
the impact assessment process before legal documents. This theoretical
framework both helps the thesis analyze and assess the status of this
activity, while bringing new values to the development of RIA
implementation standards of provincial governments.
Thirdly, the thesis also mentioned a very new issue of the
implementation of impact assessment before legal documents of
provincial governments, which is the control of evaluation activities.
This is new content, little research in Vietnam. The thesis has presented

the theory and the reality of control activities. This is the value and new
point that the thesis has achieved.
Structure of the thesis
In addition to the introductory nature, the main content of the
thesis is structured with four chapters:
Chapter 1. Overview of research topics
Chapter 2. Rationale for prior impact assessment of legislative
documents issued by provincial governments
Chapter 3. Actual status of impact assessment activities before
provincial legal documents
Chapter 4. Improving the impact assessment activities before the
provincial legal documents.
Finally, the conclusion and the list of references.

5


CHAPTER 1.
OVERVIEW OF THE RESEARCH SITUATION RELATED TO
THE TOPIC AND PROBLEMS CONTINUED TO RESEARCH
1.1. Overview of research situation related to the thesis
This thesis summarizes the research situation related to the topic in
two groups: studies related to the promulgation of legal normative
documents of provincial governments and groups of studies related to
impact assessment. activating legislative documents of provincial
governments.
For researches relating to the promulgation of legal documents of
provincial-level local governments. In Vietnam, there are many studies
related to the promulgation of legislative documents of provincial
governments, and often focus on important issues such as: studies on the

competence to promulgate legal documents. violating laws of provincial
governments; studies on the promulgation and implementation of legal
documents of provincial governments. In general, the research works on
legal documents of foreign scholars contain a lot of content related to the
analysis of basic skills to develop a legal document, serving mainly in
the field of litigation in developed countries. The application of this
knowledge in Vietnamese conditions requires careful research and
refinement as appropriate.
Group of studies related to impact assessment of legal documents
of provincial governments. The domestic research on impact assessment
of legislative documents is not much and focused mainly on some
important contents such as the concept, role, process, method and actors
of impact assessment. legal documents.
1.2. Evaluate research works and issues that need further
study
After reviewing the scarce capital studies on impact assessment of
legal documents published in Vietnam and in the world related to the
thesis topic, the author of the thesis found that:
- The studies of provincial-level local governments in the state
system help the thesis author clearly recognize the role and position of
provincial-level local governments to understand the operation of issuing
legal documents. laws of this level, as a basis for analyzing the status of
the impact assessment of legislative documents.
- Researches related to the issuance of legal documents provide the
author with the knowledge related to the process of promulgating legal
6


documents of provincial governments. This is the basis for the author of
the thesis to understand the impact of the assessment of legal documents

in the process of developing legal documents.
- The research team involved in the text impact assessment has
many good content and can be inherited the most for this thesis. It is the
impact assessment process, the evaluation method, the requirements for
the assessment and the issues to be considered when conducting the
impact assessment. These are contributions both in terms of theory,
practice and solutions. This knowledge was acquired by the author in the
process of understanding the status of impact assessment of legal
documents, as well as solutions to improve this activity.
In addition to the acquired knowledge presented above, there are
still many issues related to the thesis topic which needs further study.
Can be stated as follows:
Firstly, the impact assessment activities before the legal
documents of the provincial governments have been little studied.
Studies have not focused on clarifying the status of this activity. Most of
the research focused on RIA assessment, not on the organization of
impact assessment of legal documents of local governments.
Secondly, there are many theoretical issues on impact assessment
of legal documents, but very few theoretical studies related to the
organization of impact assessment of legal documents. In other words,
the theoretical framework of activity assessment (organization) assessing
the impact on legal documents of provincial governments has been
mentioned and researched by some authors but still brings generality and
not associated with local government. Accordingly, the dissertation
needs further research so that it can provide the contents related to the
theory of impact assessment activities before the legal documents of
provincial governments.
Thirdly, the issue of controlling the impact assessment activities is
still a new issue and has not been studied by domestic researchers.
Therefore, in this thesis, the author continues to study the issue of control

in impact assessment activities before legal documents of provincial
governments. Control of impact assessment of legal documents plays an
important role in making assessment activities scientific, public,
transparent and quality. However, at present in Vietnam, this important
issue has not been adequately studied and researched.
Fourth, another issue that is left out of research is the solution to
improve impact assessment activities before legal documents. The
7


studies mentioned in the review focused on either improving the
enactment of local legislative documents or improving RIA with little
regard for the organization of the implementation of the activity itself.
impact assessment of legal documents.
Chapter 2. THEORETICAL BASIS OF THE IMPACT
ASSESSMENT
OF LEGAL LEGAL DOCUMENTS
OF THE LOCAL GOVERNMENT OF THE PROVINCE
2.1. Legal documents of local governments
2.1.1. Local government concept
Local governments in our country are an integral part of the
unified State government of the people, including local state
representative agencies directly elected by local people (People's
Council). and other State agencies and organizations established on the
basis of these State power representative agencies according to the
provisions of law (People's Committee, specialized agencies under
People's Committee, Standing Committee of People's Council,
committees of People's Council), in order to manage the areas of local
social life, on the basis of the principle of democratic centralism and the
harmonious combination between the interests of the local people and

the common interests of the whole country [34]
2.1.2. The legal status of local government
In Vietnam the legal status of local government is recognized in
the Constitution and is concretized by the Law on Organization of Local
Government. However, this does not mean that local governments have
more autonomy than local governments not recognized in the
Constitution. Because, in Vietnam, due to the centralized mechanism of
power, the issue of autonomy depends greatly on the level of
decentralization to local governments from the Central. While this
decentralization process is reviewed and regularly revised, local
authorities have not been decentralized to achieve the desired autonomy.
2.1.3. About the provincial government of our country
The functions, duties and organizational structure of provincial
governments are stipulated in two important documents, the Constitution
and the Law on Organization of Local Governments.
In terms of organizational structure, according to Article 16 of the
Law on Organization of Local Governments, provincial governments at
the provincial level are local governments, including the provincial
8


People's Council and the provincial People's Committee.
Tasks and powers of provincial governments, reflected in the
duties and powers of provincial People's Councils and provincial
People's Committees.
2.1.4. Legal documents of local governments
2.1.4.1. Concepts and characteristics of legal documents
Approaching from a legal perspective, according to the Law on
Promulgation of Legal Documents 2015, the legal document is a
document containing legal documents, issued according to its authority,

form, and order. , the procedure prescribed by Law '. Legislative
documents of local governments are the ones that contain legislative
documents promulgated by the People's Councils and the People's
Committees of provinces according to their competence, form, order and
procedures. by law. ' Legislative documents of provincial governments
have both general characteristics of legal documents in general and
specific characteristics.
Some common features of legal documents. Firstly, legal
documents are those promulgated by People's Councils and Provincial
People's Committees according to the prescribed procedures and
procedures. Secondly, legislative documents are documents containing
general codes of conduct, applied to all actorss in society. Thirdly, legal
documents are applied many times in life, applied in all cases when legal
events occur. Fourth, there are many types of legislative documents, each
of which is from the name, content, scope of regulation, legal value,
procedures and procedures for promulgation are all prescribed by law.
Fifth, legal documents are guaranteed by the state by measures such as
propaganda, persuasive education; measures on administrative and
economic organization. Sixthly, legal documents must be issued in the
order prescribed by the Law on promulgation of legal documents. All
documents not issued in the correct order and procedures will have to be
handled according to regulations.
In addition to the above general characteristics, legal documents of
provincial governments have some specific characteristics. Firstly, the
legislative documents of provincial governments reflect local socioeconomic characteristics, based on general regulations of the central
government. Secondly, the legislative documents of a provincial-level
local government take effect within the territorial scope of a provinciallevel administrative unit and have no legal value to another provinciallevel administrative unit.
9

2.1.4.2. The system of legal documents
Currently according to the Law on Promulgation of Legal
Documents 2015, the system of legal documents in our country is
divided into 15 categories, as shown in the Table below:
- Constitution
- Code, law (collectively referred to as law), resolutions of the
National Assembly;
- Ordinances and Resolutions of Standing Committee of the
National Assembly; joint resolutions between the Standing Committee of
the National Assembly and the Presidium of the Central Committee of
the Vietnam Fatherland Front;
- Orders and decisions of the President;
- Decrees of the Government; joint resolutions between the
Government and the Presidium of the Central Committee of the Vietnam
Fatherland Front;
- Decision of the Prime Minister
- Resolutions of Judges Council of the Supreme People's Court
- Circulars of Chief Justice of the Supreme People's Court;
circular of the Chairman of the Supreme People's Procuracy; circulars of
ministers and heads of ministerial-level agencies; joint circular between
the Chief Justice of the Supreme People's Court and the Head of the
Supreme People's Procuracy; joint circulars between ministers, heads of
ministerial-level agencies, and presidents of the Supreme People's Court
and the chairman of the Supreme People's Procuracy; decisions of the
State Auditor General;
- Resolutions of People's Councils of provinces and cities under
central authority (hereinafter referred collectively to as provincial level);
- Decisions of provincial People's Committees;
- Legal documents of local governments in special administrative
- economic units;

- Resolutions of People's Councils of rural districts, urban
districts, towns, provincial cities and centrally run cities (hereinafter
referred collectively to as district level);
- Decisions of the district people's committee;
- Resolutions of People's Councils of communes, wards and
townships (hereinafter referred collectively to as communal level);
- Decision of the People's Committee of the commune
2.2. Impact and impact assessment before legal documents of
provincial governments
10


2.2.1. Impact assessment and impact before legal documents of
local governments at provincial level
2.2.1.1. The concept of impact assessment and impact assessment
of legal documents
The impact assessment of legislative documents of provincial
governments is a summary of the steps organized by provincial
governments in a process to serve the expected impact results. policy
options and provide appropriate explanations or recommendations for the
enactment of a local legal document, making an important contribution
to improving the quality of the promulgated legal normative documents
2.2.1.2. The role and significance of impact assessment of
legislative documents
Impact assessment of prescribed legal documents is a mandatory
step right from the stage of proposing law formulation. Impact
assessment helps to anticipate the necessary measures to minimize
negative impacts. In this respect, the legal impact assessment contributes
to the dissemination of policies and laws of the state. Assessing the legal
impact of attracting the participation of the parties, the parties feel their

role in that policy and law. As a result, mobilizing their participation in
the implementation of state policies and laws will become easier and
more effective. Thanks to the policy impact assessment activities in the
promulgation of legal documents, the inflation situation of legal
documents has been improved because it was only issued after having
considered relatively enough social and economic impacts and see the
benefits of implementation outweigh the costs.
2.2.2. The content of impact assessment of legal documents
According to Nguyen Van Cuong, the content of interest in policy
impact assessment includes the following basic contents: Economic
impact assessment; Social impact of the policy; Gender impact of policy;
Impact of administrative procedures (if any); Impact on the legal system.
2.2.3. Process of evaluating legal documents
According to author Nguyen Van Cuong, it is possible to offer a
text impact assessment process (what the author calls the policy impact
assessment process) has five steps from planing, implementing,
alternative choice, consultation and completing the final RIA.
2.2.4. Actorss assessing the impact of legal documents

11


In a different approach, the impact assessment actorss are those
that carry out the impact assessment of policies. The author identifies
four main target groups involved in the impact assessment. These actorss
may include: civil servants working in the field related to the policy
being implemented; experts in the related field or field; organize
independent assessments; and policy implementation organization.
2.2.5. Method of policy impact assessment
The assessment method is approached according to two contents:

the method of information collection and the method of conducting
policy impact assessment activities. Methods to carry out policy impact
assessment activities include: qualitative evaluation methods and
quantitative evaluation methods.
2.3. Controlling and assessing the impact of legal documents of
provincial governments
2.3.1. Objectives and concepts of controlling and evaluating
the impact of legal documents of provincial governments
Impact assessment of legislative documents is the scientific
process of examining and correctness of the impact of legal document
impact assessment.
The objective of controlling and evaluating the impact of
legislative documents includes 04 goals. First of all, the control and
evaluation of legislative documents by provincial-level governments to
ensure the science and accuracy of the impact assessment of legal
documents. Second, control and evaluation of legal documents by
provincial governments to control the cost of implementing this activity.
Thirdly, to control and evaluate legislative documents of provincial
governments to ensure the evaluation of legal documents of provincial
governments to ensure evaluation information, assessment content. be
public, transparent, get the public's approval. Fourth, the purpose is to
increase the accountability, and accountability of the agency conducting
the impact assessment of legislative documents on impact assessment
results.
2.3.2. The content of controlling and evaluating the impact of legal
documents of provincial governments
2.3.2.1. Transparency in policy evaluation consultations
There are many ways to ensure the transparency of the assessment such
as publicizing the impact assessment to the public as soon as possible
compared with the time of considering the approval of the competent

12


authority; Clearly and scientifically presenting the opinions of the parties
to the impact assessment report; Inform stakeholders, interested parties
about the plan, draft impact assessment; Define a specific time for the
consultation process and have clear, detailed documentation to help the
consulting parties effectively participate in the consultation.
2.3.2.2. Accountability and quality control of evaluation reports
Accountability is understood as the obligation to provide information,
explanation and willingness to face the consequences that may occur
during the evaluation process. In terms of policy impact assessments,
accountability needs to be clearly defined: The agencies conducting the
assessment are responsible for the quality of the policy process they
develop and the evaluation documents that they create; Impact Control
agencies are responsible for the quality of the audit control and the
relevant functions they perform; Agencies issuing legal documents are
responsible for the quality of legal documents they issue.
2.4. Criteria frame for assessing the status of activities of
assessing the impact of legal documents of local governments
The first criterion is the criteria for the impact assessment. The
second criterion is about impact assessment method. The third criterion
is the impact assessment process. The fourth criterion relates to the
actors of impact assessment. The fifth criterion is related to control
issues in impact assessment.
2.5. Impact assessment of legal documents in some countries
and reference values
The author studies experiences from 03 countries, Australia, New
Zealand and Poland, and draws some lessons learned. The Government
has clear and detailed instructions on how to carry out the impact

assessment of legislative documents. The process of assessing the impact
of legislative documents is detailed in the instruction manual. Experience
from both New Zealand and Australia shows that they value training for
the public officials conducting policy impact assessments. Another
lesson to be learned is that it is necessary to consider and do well the
control of the evaluation of legal documents. The important and very
interesting point is that in Australia there is a legal document control
department called RGU. The effectiveness, effectiveness, and
reasonableness of the cost of conducting legal impact assessments are
also studied, investigated, evaluated and reported annually to all
Australian states. The evaluation, comparison of effectiveness and
quality of policy impact assessment in Australia shows an important
13


lesson that it is necessary to control this process in localities to ensure
that the assessment has efficiency and quality.
Chapter 3. CURRENT SITUATION OF ASSESSMENT OF THE
LEGAL IMPLEMENTATION OF LEGAL REGULATIONS OF
LOCAL GOVERNMENT OF THE PROVINCE
3.1. Current practice of assessing the impact of legal documents of
provincial governments in Vietnam at present
3.1.1. Regarding the content of impact assessment of legal documents
of provincial governments
Table 3.1: Contents of previous evaluation of legal documents
Criteria
No
Yes
Number
%

Number
%
Economic impact
208
80,6
50
19,4
assessment (Costs and
benefits)
Social impact
182
70,5
76
29,4
Gender impact
193
74,8
65
25,2
Impact of administrative
95
37,8
163
63,2
procedures (if any)
Constitutional and legal
146 56,59
112
43.41
Suitabilit

75 29,07
183
70.93
Consistency
193 74,81
65
25.19
Compatibility
with
246 95,35
12
4.65
international
commitments to which
Vietnam is a member.
(Source: Survey)
3.1.2. Regarding the method of evaluating the impact of legal
documents of provincial-level local governments
Regarding the method of collecting information, the survey results are
shown in Table 3.2 as follows:
Table 3 2. Methods of collecting information
Methods of collecting
Số trả lời không
Số trả lời có
information
Interview on the spot
228
88.37%
38
11.63%

Send questions
234
98.78%
24
9.3%
Organize meetings
81
31.40%
177
68.60%
14


Survey
Step 2
Others
Organisati

Cost estimation of administrative procedure

legal document drafting
organisations

Collect comments about administrative procedure control from

legal document drafting
organisations

Independent assesment of administrative
procedure and RIA of issuing organisations

159

61.63%

Organisations of
RIA control

99
38.37%
Organisations
of
15 RIA control5.81%
ons of RIA
(Source: Survey)
control
Participants provide comments
Stakeholders
implement
3.1.3. their
Regarding the process of assessing the impact of legislative
independe of provincial governments
documents
Organisations of
Consulation of legal document issuing organisations
The process of assessing the impact of legislative documents is shown in
the following diagram:
Organisations of
Collect opininions from relavant organisations and
243 target population.

94.19%
policy

Send legal document to issuing organisations

RIA control

Figure 3 1. Process of impact assessment of legislative documents of
local governments before promulgation
(Source: Ministry of Justice 2010)
3.1.4. On the actors of impact assessment of legislative documents of
provincial governments
Table 3 3. Impact assessment actorss of legal documents
Agency in charge
Department of Justice Outsource
Respondents
% Respondents %
Respondents %
65
25 185
71
8
4
(Source: Survey)
With the desire to clarify the role of the Department of Justice in
document impact assessment, the thesis asks the next question, "The role
of the Department of Justice in evaluating legal documents is shown.
how?". This question has four options for answering: playing a leading
role, organizing implementation; plays the role of consultancy, technical
and content support; plays the role of critic and commenter; act as the

final reviewer.
Bảng 3 1. Roles of Department Justice
Roles
Number
Tỷ lệ %
Leading and organizing implementation
168
65.1%
Serving as a consultant, technical and
53
17%
content support
Play the role of criticism and comments
151
58.5%
Acting as the final reviewer
19
7.4%
(Source: Survey)
15


In order to further clarify the role of non-governmental
organizations in the evaluation of legal documents, the dissertation raises
the question: “Could you please let the NGOs participate? impact
assessment activities legislative documents of provincial governments or
not? ”. The results are shown in Table 3.5 below.
Table 3 5. Participation of NGOs in impact assessment
Participation
No participation

Number
%
Number
%
226
87.94
31
12.06
(Source: Survey)
3.1.5. Regarding the control and evaluation of legislative impact of
provincial-level local governments
3.1.5.1. Transparency in consultation process
Regarding the publication of the text impact assessment results, the
survey results show that:
Table 3. 6: Publication of results of impact assessment of legal
documents
Not public
There are public
Number
%
Number
%
184
71.32
74
28.68
(Source: Survey)
Of the 74 Yes answers (28.68%), the thesis continues to ask more
deeply, "If the answer is" yes ", please tell me, the results of the impact
assessment are public. Where is dad? " This question has four options for

answers: within agency leadership; for everyone in the agency; on the
mass media; on the agency's website. The survey results show that the
publication of the analysis results of the text impact assessment through
the 4 listed channels is not guaranteed. The survey results are shown in
Table 3.7 below.
Table 3 7: Location of impact assessment legal documents
Location of
NO
Yes
Publicity
Number
%
Number
%
Inside leadership
227
89.98
31
12.02
Inside the agency
220
85.27
38
14.73
Mass media
235
91.09
23
8.91
Agency website

227
89.98
31
12.02
16


(Source: Survey)
Another content related to transparency in the consultation process
is to provide clear and scientific guidance to the parties involved in the
impact assessment of legal documents so that these actorss understand.
regulations, processes, procedures that participate, interact more
effectively in the impact assessment process of legal documents. The
basis for evaluating this aspect is the issuance of documentation. Survey
results in Table 3.8 below.
Table 3 8. Guidelines for stakeholders
Yes
No
Number

%

Number

%

24

9.3

234

90.7
(Source: Survey)

3.1.5.1. Accountability and quality control
In order to find out about the accountability of the actors who
carries out the impact assessment of legislative documents, the law raises
the question, ”Could you please tell us the impact assessment agency is
willing to answer the question? questions about related parties' reports on
the impact of legal documents? ”.
Table 3 9. Willingness to answer questions
Yes
No
Number

%

Number

%

18

6.98

240

93.02

(Source: Survey)
For further consideration of the accountability of the legal impact
assessment actors, the dissertation continues to ask questions, ”Could
you please tell us that the impact assessment organization organizes
inquiries on related parties' questions about the impact of legal normative
reports?
Table 3.10. Organizing the interviewing session
Yes
No
Number

%

Number

%
17


25

9.69

233

90.31

(Source: Survey)
3.2 General assessment of the impact assessment of legal documents
of provincial governments in our country today

3.2.1. Positive results
Department of Justice has shown its important role in impact
assessment of legal documents. The issue of assessing the impact of legal
documents of local governments at provincial level has been more and
more concerned by the authorities than before. Provisions on impact
assessment of legislative documents of provincial governments in
particular and legal documents in general were initially codified in the
Law on Promulgation of Legal Documents 2015. The participation of
individuals, scientific and technological organizations and nongovernmental organizations is increasing more and more than before.
3.2.2. Negative results
Firstly, the participation of entities outside the Department of
Justice and specialized cadres and civil servants has been expanded, but
still accounts for a low proportion. Second, more notably, the agency that
plays the role of the actors assessing the impact of legislative documents
does not pay much attention to guiding other entities to participate in the
impact of normative documents. laws of provincial governments. Few
agencies have issued handbooks to guide stakeholders involved in the
impact assessment of legislative documents of provincial governments.
Thirdly, the issue of publicizing the results of the impact assessment
report on legal documents has not been paid enough attention. Fourthly,
the announcement of the results of the impact assessment of legal
documents is not only focused but the channel of publication is also
monotonous and has not been fully exploited. Fifth, the accountability of
the legal impact assessment agency is still limited. Sixthly, the content of
assessing the impact of the text is not comprehensive and only focuses
on one aspect which is “relevance to reality” with little focus on other
aspects such as “cost and benefit aspects”. ”. Seventh, the evaluation
process is still general in lack of details. The current review process only
focuses on two steps: the self-assessment of the drafting agency and the
evaluation of the legal document control body.

3.3. The cause of the limitations
Firstly, one of the reasons for limiting the quality of provincial
government impact assessment activities is the skill in developing and
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issuing legal documents of provincial governments is not guaranteed. .
Secondly, besides, our country is currently lacking specific and detailed
guidelines for the evaluation of legal documents of provincial
governments. Thirdly, the evaluation process has not been guided in
detail and detail. Fourthly, the regulations on accountability for text
impact assessment activities are not specific, detailed and clear, creating
many shortcomings. Fifth, the legal corridor for the evaluation of legal
documents by local governments at provincial level, though available,
has not been sufficient and detailed.
Chapter 4. VIEWPOINTS AND SOLUTIONS TO ENSURE
ASSESSMENT OF LEGAL IMPACT LEGAL
IMPLEMENTATION OF THE GOVERNMENT LOCAL LEVEL
OF PROVINCE IN VIETNAM TODAY
4.1. Viewpoints to ensure the impact of the legal documents
impact assessment of the provincial governments
The first is the non-discriminatory perspective in the process of
assessing the legal normative impact.
The second is a comprehensive perspective. In this view, the entity
that assesses the impact of legal documents should comply with the
application of the principles of competition and the legal basis for
economic activities, including goods and services, economics of private
and public enterprises. The third is the view on transparency. The agency
conducting the review should be transparent on policies and regulations,
as well as on the process of implementing the impact assessment of legal

documents. The fourth is a view of responsibility. The agency
conducting the impact assessment of legal documents should clearly
show its responsibility in the assessment process, ensuring that the
assessment is clear, accurate and one of the reliable bases for the
promulgation of legal documents. The fourth is a view of participation.
The process of assessing the legal normative impact of provincial
governments needs to involve many actors at each stage of the
assessment process.
4.2. Solutions to ensure impact assessment of legislative documents
of provincial governments
4.2.1. Group of solutions on human resources capacity of provincial
governments
4.2.1.1. Perfecting skills on building and promulgating legal
documents for provincial governments
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Firstly, it is necessary to have skills in drafting legal documents.
Secondly, it is necessary to equip regularly and continuously the process
of drafting and promulgating legal documents for these individuals so
that they are more aware of the important role and position of each stage
in each stage. process of developing documents so that compliance is
strict and in compliance with regulations. Thirdly, the knowledge on the
development and promulgation of foreign legal documents should also
be shared and disseminated to officials and public servants involved in
the drafting and promulgation of legislative documents. laws of the
provincial government.
4.2.1.2. Raise awareness of the role of impact assessment of
legislative documents
In the coming time, in order to raise the awareness of cadres and

civil servants about the role of impact assessment activities of legal
documents, some important measures need to be implemented. Promote
propaganda to cadres, civil servants in general and cadres and civil
servants conducting impact assessment of legal documents in local
governments. Establishing regulations to enforce the compliance of
ministries and civil servants to assess the impact of legal documents of
local governments. The Regulation provides for the responsibilities of
persons conducting the impact assessment of legislative documents.
Conduct increased training for civil servants conducting impact
assessment of legal documents so that they understand the importance of
this activity.
4.2.1.3. Improve the capacity of the actors to carry out the
impact assessment of legal documents of the provincial government
4.2.1.3.1. Solutions to provide knowledge about the impact
assessment of legal documents to relevant cadres and civil servants,
in particular, judicial officials and public servants
In order to do this, it is necessary to have effective courses that are
conducted regularly and continuously to consolidate and build the
knowledge of assessments to create a solid foundation for the actors
perform impact assessment.
4.2.1.3.2. Solutions to help the assessors formulate document
impact assessment skills

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One of the other important ways is to find ways for them to apply regular
knowledge of impact assessment into practice. It is necessary to form
specialized task force groups. These specialized groups or officials
should only be responsible for impact assessments in one or some

specific areas. For important documents, outside experts can be invited
to work together to help officials and public employees improve their
skills in assessing the impact of legal documents.
4.2.1.3.3. Promote the development of appropriate attitudes
for entities to carry out impact assessment of legislative documents.
In the coming time, the local governments of the provinces need to
thoroughly solve the problems. If it is part-time, the employer must pay.
Accordingly, funds need to be spent for this activity, and this funding
also refers to the payment to the implementing entity. Doing this will
help the actors make changes in the attitude of assessing the impact of
legal documents from bad faith, to goodwill, from a pressure into a task
to improve income. Specialized impact assessment activities should be
specialized to form a whole-hearted and whole-hearted attitude among
officials and public servants conducting impact assessment.
4.2.2. Group of technical solutions to impact assessment
activities of legal documents of local governments
4.2.2.1. Complete the provisions on the content and method of
impact assessment of legislative documents of provincial
governments
Similar to the actors of the impact assessment, the impact
assessment content and methods affect the quality of impact assessment
activities. These two factors are not paid enough attention; the right
focus makes the quality of assessment activities not good. In order for
the evaluation actors to focus on the content and use appropriate and
appropriate evaluation methods, the state needs to provide clear, specific,
scientific and detailed instructions.
4.2.2.2. Innovating the process of impact assessment of
legislative documents of provincial governments
There is a need to change the impact assessment process of
legislative documents. Accordingly, the proposed process: Step 1. The

agency drafting legal documents completes the draft. Step 2. The agency
or department or organization that assesses the impact of legislative
documents shall conduct impact assessment of the draft document. Step
3. The agency conducting the audit publishes the results of the audit, and
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collects feedback from the parties involved. Step 5. Go to the drafting
actors to adjust the draft according to the impact assessment of the text.
4.2.2.2. Improve the control of the impact assessment of
legislative documents by provincial governments
Solutions to improve the control of the impact assessment of
legislative documents of provincial governments aim to clarify some
issues such as controlling actorss; Content control, form of control.
4.2.3. Solution on legal corridor
Cần đánh giá tác động văn bản quy phạm pháp luật ở giai đoạn
soạn thảo để đảm bảo tập secondary and in line with the objective of
impact assessment of legislative documents. Regarding the evaluation
method, the phrase ‘‘ appropriate method ”should only be used. As for
the appropriate method and the method that is appropriate, the
independent evaluation body shall give advice and criticism. Need to
specify in more detail the process and the actors (the agency controlling
the audit activity. The control focuses on a number of issues such as:
control of audit content, evaluation method, openness and transparency.
In the assessment, the scientific and rational issues of the evaluation
report, there should be more scientific regulation on which legal
documents need to be implemented for impact assessment. In order to
answer this question, the thesis acquires the selection process of Western
Australia, which clearly demonstrates the role of the agency conducting
the evaluation and the agency. Text impact assessment control.

The drafting agency carries out the impact assessment of legal
documents. The impact assessment will be forwarded to the agency
(division) controlling the impact assessment. If this department agrees
with the initial evaluation (PIA), it will conduct a RIS (Regulatory
Impact Statement: Impact Assessment of Legal Documents). The RIS
includes two types of documents: RIS consultations and RIS decisions.
The PIA as mentioned is an initial assessment of the impact of
legislative documents. The purpose of this evaluation phase is to: (1)
help the drafting agency to better understand and apply the provisions on
impact assessment of legal documents; (2) help the actors assess the
initial understanding of the level, scope of impact, risk of the text; (3)
helping control agencies to generalize the effects of legislative
documents.

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