Concept of State Management by Law for Tourism Activities

important development in the socio-economic development policy to contribute to the industrialization and modernization of the country.

2.1.4. Concept of state management by law for tourism activities

2.1.4.1. Concept of management and state management

+ Management:

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To study the concept of state management, it is necessary to first clarify the concept of “management”. The term “management” is often understood in different ways depending on different scientific perspectives as well as the approach of the researcher. Management is the subject of research of many social sciences and natural sciences. Each scientific field has its own definition of management and it develops more and more deeply in all activities of social life.

According to C. Marx:

Any directly social or communal labour carried out on a relatively large scale requires a greater or lesser degree of direction, in order to co-ordinate the activities of individuals and to perform the general functions that have their origin in the motion of the total productive organism, as distinguished from the motion of its separate organs. A musician directs himself, but an orchestra requires a conductor [22, p.23].

That is, according to Marx, management is to coordinate individual workers to achieve unity in the entire production process. Here Marx approached the concept of management from the perspective of the purpose of management.

According to the concept of scientists researching management today: Management is the influence, command, and control of social processes and human activities so that they develop in accordance with the laws, achieve the set goals and are in accordance with the manager's will.

In this understanding, management is the organization and direction of social activities to achieve a goal of the manager. According to this approach, management has clearly stated the management method and management purpose.

Thus, in the most general understanding, "management is the impact of the management subject on the management object to achieve management goals". [35, p.119] The impact depends on different scientific perspectives, different fields as well as the approach of the researcher.

+ State management:

According to the State administrative management textbook:

State management is the organized and regulated impact by State power on social processes and human activities to maintain and develop social relationships and legal order to perform the functions and tasks of the State in the process of building socialism and defending the socialist fatherland [35, p.407].

Thus, “state management is an activity of state power, using state power to regulate social relations”. [35, p.211] State management is considered a functional activity of the state in social management and can be considered a special functional activity. State management is understood in two senses.

In a broad sense: State management is all activities of the state apparatus, from legislative activities, executive activities, to judicial activities.

In the narrow sense: State management only includes executive activities.

State management mentioned in this topic is the concept of state management in a broad sense; state management includes all activities from the issuance of legal documents, legal documents to the direct direction of the activities of the managed objects and judicial issues for the necessary management objects of the State. State management activities are mainly and first of all carried out by all state agencies, but socio-political organizations, mass organizations and people can directly carry out if authorized by the state, empowered to perform state functions according to the provisions of law.

2.1.4.2. Concept of state management by law

State management by law is the State using law as a method of internal management of the activities of State units and society.

Because law has a particularly important position in state management, the formulation of laws, organization of law implementation, and protection of laws are associated with the management functions and management processes of the state.

Because of the role of law as above, state management of society (population management, territory management, management of different aspects and fields of social life) is also synonymous with state management by law of society. And so the content of management, or of management activities in which the state is the subject, is divided into three activities as follows:

Firstly, the activity of drafting and promulgating legal documents: This is an activity aimed at establishing legal standards to regulate specific management behaviors and activities to impact the management object, directing the management object towards specific goals (management objects).

The activity of drafting and promulgating laws is the first activity of the state management cycle, and with the above content, it becomes an activity that determines the effectiveness and efficiency of management, governing other management activities. Of course, the effectiveness and efficiency of state management also depend on the quality of legal documents - the product of that activity. It must be a legal system with all modern attributes, such as unity, synchronization, comprehensiveness, stability, transparency, suitable for the level of socio-economic development in each different stage of society, suitable and fully reflecting the thoughts, aspirations, and will of the majority of management subjects, having a popular character, presented with a high technical level, and therefore being feasible. In the conditions of a rule of law state, laws increasingly hold a central position, directly regulating social relations. The first stage of the state management cycle, which is also the first content of state management activities, is the activity of performing the legislative function of the highest state power agency, the highest representative body of the people (National Assembly).

The activity of drafting and promulgating legal documents - from a management perspective, is also the activity of making decisions on normative management, demonstrating the will and authority of the state management entity; the will and authority are mandatory for implementation.

in a general way, guaranteed even by coercive measures. Making regulatory management decisions in the form of law becomes one of the forms of state management.

Second , law enforcement activities.

In terms of the management cycle, the activity of organizing and implementing laws is a stage following the activity of drafting and promulgating laws. In essence, it is an activity aimed at realizing normative management decisions in specific management fields. It is the management impact on the consciousness and behavior of the management object, organizing and orienting those behaviors in certain conditions and circumstances that take place in accordance with the management object.

Like the activities of drafting and promulgating laws, the activities of organizing and implementing laws in state management must follow a strict process, and be carried out by competent state management agencies and civil servants. These activities must also be carried out in accordance with legal methods, through a system of legal procedures (administrative procedures). However, these things do not take away the creative nature of management. In essence, the activities of implementing laws in state management are activities aimed at applying and creatively applying laws in the management process, in accordance with specific conditions and circumstances that arise in the management process.

- Regarding the management subject : In the stage of organizing the implementation of the law, the implementation of management content mainly belongs to the functions of state administrative management agencies. At the central level, it is the Government - the highest general authority management agency, implementing comprehensive management of different areas of social life. Ministries, ministerial-level agencies, and agencies under the Government are separate authority management agencies, implementing management of a number of different areas of social life. The general authority management agency at the local level is the provincial administrative government, assisting the provincial administrative government in performing specific management functions with specialized agencies (advisory agencies), at the provincial level it is the department level, at the district level it is the divisions, and at the grassroots level it is specialized civil servants.

Law enforcement activities are carried out through the public service of state administrative officials. Therefore, the effectiveness and efficiency of management at this stage

directly depends on the quality of the administrative civil service staff, on the quality of civil service of civil servants. That quality depends to a large extent on the quality of the law on civil servants and public service. For that reason, the Law on Civil Servants and the Law on Public Service are always management institutions that have a decisive position in the quality of law enforcement in management.

On the other hand, the effectiveness and efficiency of state management by law at the stage of organizing law implementation also depends on the legal awareness, the level of knowledge about management and legal knowledge of the civil servants, and the subjects of state management. In particular, the work of propaganda, dissemination and legal education for all classes of people, with forms, means, methods and contents suitable for each subject, management object and each management field is extremely important. Therefore, right when proposing the master plan for the development of the rule of law state, the Lao State affirmed: "Actively promoting the functions and roles of state power agencies in state management, economic management, social management by law, organizing the implementation of the Party's guidelines and policies with increasingly effective results, making the people's democracy increasingly stronger" [19, p.32].

In summary, from the above explanations we can understand:

State management by law is the method by which the state uses law to influence the management object to ensure that social processes and human behavior move and develop to achieve certain goals.

2.1.4.3. Concept of state management by law for tourism activities

The subject of state management is a set of state agencies and political organizations.

- society is authorized by the state, in those agencies and organizations, state officials and civil servants have rights and obligations that are specifically and clearly defined. Determining the management subject means answering the questions "Who manages?" and "Manage whom?".

Regarding the subject of state management in Laos, it is a system formed with the following outstanding characteristics:

- The system of state management entities is formed on the principle that state power is unified but there is division and coordination among state agencies in implementing legislative, executive and judicial powers.

Tourism activities have specific characteristics (as analyzed in the above section), so in addition to general rules of conduct, it also needs specific regulations and policies to mobilize and must be regularly inspected, checked, and problems resolved to maintain stability and order in tourism programs.

If we talk about state management by law for tourism activities, we are talking about the management mechanism. That mechanism, on the one hand, must comply with the requirements of objective economic laws, on the other hand, there must be an appropriate legal system to manage tourism activities. This concept includes basic contents such as the state (legislative, executive and judicial bodies) is the management subject, social relations that move and develop in the tourism field are the management object, and law is the basis and tool for the state to carry out management.

Thus, as a management entity, the state must perform a series of tasks: from formulating and promulgating laws to organizing the implementation of laws, at the same time the state also conducts inspections, controls and handles violations of laws on tourism activities. With that role, the state's task is to orient tourism activities to form, operate and develop in a certain order.

The view of state management as unified without division but with division and coordination in the implementation of state power is an important principle in the organization and operation of state agencies, because in terms of class, Marxism-Leninism does not recognize the division of state power, state power always belongs to all classes or class alliances. In the work "State and Revolution", Lenin analyzed that: "Although in the transition period to socialism, the form of state still has the nature of bourgeois rule of law, but there is no longer a bourgeoisie, so there must be unity between legislative and executive power [81, p.135]. Moreover, in terms of the organization of state power, the clear division of functions and powers between state management agencies is of particular importance in the fight against abuse of power, abuse of power, conflicts, and overlaps.

cross. This is the principle that has decisive significance in the formation of the system of state management entities.

State management by law for tourism activities is to create an open, stable environment to support and promote tourism activities to develop vigorously but orderly in order to harmonize interests. In the current conditions, the task of state management of tourism is:

- The State supports and creates conditions for the development of various types of tourism.

- The State encourages and promotes tourism activities to develop according to the State's general goals and orientations.

- The State creates a clear, open and stable legal environment for business activities.

Tourism development is dynamic but orderly.

- The State fairly resolves conflicts of interest between relevant parties in tourism activities and strictly handles all violations of the law in the tourism sector.

To carry out the management role for tourism activities, the state uses many different types of management tools such as: plans, policies, laws, etc. Within the scope of this topic, only the state management by law for tourism activities in the Lao PDR is mentioned. Thus, state management by law for tourism activities is only a part of state management in general, carried out on the basis of law and by law.

From the above analysis we can come to the concept:

State management by law for tourism activities is a method of using law, the state impacts on the subjects of tourism activities to orient these activities to move and develop to achieve certain goals .

2.1.4.4. Characteristics of state management by law for tourism activities

State management by law for tourism activities is based on the direct legal basis of tourism law. The promulgation of laws, organization of implementation and handling of violations of tourism law are the entire content of management. Tourism law is understood as the totality of legal norms, issued by competent state agencies.

The right to issue in accordance with the prescribed forms, orders and procedures to regulate social relations arising in tourism activities.

Nowadays, the issue of state management by law for tourism activities is a very common phenomenon in all countries in the world. Tourism activities of any country need state management by law.

If we talk about state management by law for tourism activities in the Lao PDR, the Lao Party, State and people consider it a point of great pride, because it brings economic efficiency, making the national economy develop, to build and develop the tourism industry in accordance with the market mechanism, to successfully build socialism, the role of state management by law must be given more importance.

From an underdeveloped economy to a developing economy, the domestic market is expanding, making the Lao economy increasingly outstanding. In that condition, to orient the development of tourism activities, the State must have mechanisms, policies and most importantly, laws. Laws, with their roles and functions, will help the State in managing and handling violations if they occur, protecting the interests of the State and society, protecting the rights and legitimate interests of citizens.

Thus, state management by law of tourism activities in the Lao PDR has the following characteristics:

Firstly, the State is the organizer and manager of tourism activities taking place in a market economy.

Originating from the characteristics of a market economy, which are complex, dynamic and sensitive. Therefore, tourism activities require a subject with potential in all aspects to organize and regulate, that subject is none other than the State - both the manager and the organizer of activities. To fulfill its mission, the State must establish laws and use laws as tools to organize and manage tourism activities. However, it should be noted that the nature of organizing and managing tourism activities has changed differently from the previous planned and centralized economy. Therefore, the regulation of laws as well as the way of using laws