General Overview of Legal Documents of Provincial Local Government

start-up activities, and at the same time provide comprehensive and fundamental solutions to perfect legal regulations governing start-up activities.

- Democracy and Law Magazine, special issue “Legal support for small and medium enterprises”, June 2019. This special issue analyzes the necessity of developing a Decree on legal support for small and medium enterprises, beneficiaries, implementation organizations, and solutions to improve the effectiveness of legal support for small and medium enterprises in Vietnam.

In general, research works related to the issuance of legal documents by local authorities have provided the most general definitions of legal documents in general and legal documents of provincial authorities in particular. On that basis, research works also provide signs, characteristics and features of legal documents. Assess the existing aspects and limitations of the issuance of legal documents, point out the causes of the existing problems and thereby propose solutions to improve the quality of the issuance of legal documents by provincial authorities. Research works related to policies to support business development have analyzed a number of policies related to start-up activities, legal support activities for enterprises... However, it can be affirmed that there are very few research works on the issuance of legal documents by Tay Ninh provincial authorities. At the same time, there has been no research project evaluating the implementation of the law on the issuance of legal documents on supporting enterprises by the local government of Tay Ninh province. The above research projects are valuable reference materials, helping the author conduct direct research on the issuance of policies to support enterprises in Tay Ninh province.

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4. Purpose, objects and scope of research

4.1 Research purpose

The research purpose of the thesis is to focus on revealing the theoretical basis for the issuance of legal documents on supporting enterprises by provincial-level local authorities; on the basis of assessing

Evaluate the practical value of issuing legal documents on supporting businesses of Tay Ninh Provincial Government to propose solutions and recommendations.

4.2 Research subjects

The research object of the thesis is:

- The research sources of the Thesis are: viewpoints and ideas on promulgating legal documents, legal regulations on policies to support business development.

- Framework for supporting businesses through law-making activities of provincial-level local authorities and practices in Tay Ninh province.

- Law enforcement of provincial-level local authorities and practices in Tay Ninh province.

4.3 Scope of research

- About space: The thesis studies the issuance of legal documents on supporting businesses in Tay Ninh province.

- Time: From July 1, 2016 (Law on Promulgation of Legal Documents 2015 takes effect) to December 30, 2019.

- The documents of the Provincial People's Council and the Provincial People's Committee mentioned in this Thesis are legal documents.

5. Research methods

To carry out this topic, the author uses the following research methods:

- The methods of analysis, synthesis, induction and deduction are used flexibly and consistently throughout the thesis to clarify the scientific arguments mentioned in Chapter 1.

- The method of normative logic analysis is used for analysis in Chapter 2 and scientific recommendations in Chapter 3.

6. Applied value of the topic

The research results of the topic have reference value for research and practical application on issues related to the issuance of legal documents on business support in Tay Ninh province.

7. Expected structure of the thesis

Chapter 1: General theoretical issues on promulgating legal documents on supporting enterprises by provincial-level local authorities

Chapter 2: Practice of issuing legal documents on supporting enterprises by Tay Ninh provincial government

Chapter 3: Some recommendations to improve the effectiveness of the promulgation of legal documents on business support by local authorities

CHAPTER 1

GENERAL THEORETICAL ISSUES ON PROMULGATION OF LEGAL DOCUMENTS ON ENTERPRISE SUPPORT BY LOCAL GOVERNMENTS AT THE PROVINCIAL LEVEL

1.1. GENERAL OVERVIEW OF LEGAL DOCUMENTS OF PROVINCIAL LOCAL GOVERNMENTS

1.1.1. Concept and characteristics of legal documents of provincial-level local authorities

1.1.1.1. Concept of legal documents of provincial-level local authorities

Currently, the Vietnamese legal system does not have specific regulations on the concept of legal normative documents of provincial-level local governments. Although the 2004 Law has regulations on the concept of legal normative documents of People's Councils and People's Committees, after the 2015 Law was promulgated, this concept is no longer used. Therefore, to understand the content of legal normative documents of provincial-level local governments according to the provisions of the 2015 Law, we will study the following contents:

Firstly, about the concept of "QPPL documents". QPPL documents are an important tool for provincial-level local authorities to manage the state. They help provincial-level local authorities to convey the Party's guidelines and policies and the State's laws to the people. At the same time, QPPL documents also play an important role in organizing and implementing those regulations at the local level; regulating social relations arising at the local level. Therefore, understanding the concept of QPPL documents is important in determining the authority and content of promulgating QPPL documents of provincial-level local authorities when drafting and promulgating QPPL documents.

Based on the important meaning of the concept of legal normative documents and to overcome limitations from practical implementation, the 2015 Law separated the concept of "Legal normative documents" from the concept of "Legal normative documents".

"Legal norms" and the concept of "Legal norms", according to which a legal normative document is a document containing legal norms, issued in accordance with the authority, form, order and procedures prescribed in the 2015 Law. A legal normative document is a collection of many legal norms. In which, " a legal normative is a general rule of conduct, having general mandatory effect, applied repeatedly to agencies, organizations and individuals nationwide or in certain administrative units, issued by a state agency or competent person prescribed in this Law, and guaranteed by the State to be implemented ". According to regulations, a document containing legal norms but issued without the authority, form, order and procedures prescribed in the 2015 Law is not a legal normative document.

Second , on “Local Government”. According to the provisions of Clause 2, Article 111 of the 2013 Constitution, Article 4 of the Law on Organization of Local Government in 2015, the local government level includes the People's Council and the People's Committee organized in administrative units. There are three common administrative unit levels: provincial level, district level, commune level and one uncommon level: special administrative-economic unit. The tasks of the local government level are (i) to organize and ensure the implementation of the Constitution and laws in the locality and (ii) to decide on local issues as prescribed by law. Thus, the 2013 Constitution increases the autonomy of local governments to promote the advantages of each locality in practice.

According to the above provisions, in order to carry out the tasks stipulated in the Constitution, the provincial-level local government must issue legal documents to specify and detail the central government's regulations to suit local conditions, ensuring that the law is implemented properly and effectively. Because issuing legal documents is the most important legal form in the state management activities of the provincial-level local government to carry out its functions and tasks . 5 This is also the basis for the local government to

5 Tran Minh Huong, 2008. Textbook of Vietnamese Administrative Law. Hanoi Law University, page 109

Provincial level issues specific policies to attract and support businesses in accordance with local realities.

From the above analysis, we can draw the concept of legal documents of provincial-level local governments as follows: Legal documents of provincial-level local governments are documents containing legal documents used to regulate social relations in the locality, issued by the Provincial People's Council and Provincial People's Committee according to the form, order and procedures prescribed by law and effective within the locality, and guaranteed by the State for implementation by measures prescribed by law.

1.1.1.2. Characteristics of legal documents of provincial-level local authorities

From the concept of legal documents of provincial-level local governments, it can be seen that legal documents have the following characteristics:

Firstly, the issuance of legal documents by provincial-level local authorities is an activity of state power at the local level.

This characteristic comes from the position, role and assigned tasks of the provincial-level local government. Accordingly, Articles 113 and 114 of the 2013 Constitution and Articles 6 and 8 of the 2015 Law on Organization of Local Government define the People's Council as both a local state power agency and a representative body of the local people. The People's Council has the right to decide on local issues as prescribed by law. And the People's Committee is the executive body of the People's Council, the local administrative agency, responsible to the People's Council and the higher-level administrative agency. The People's Committee is responsible for organizing the implementation of the Constitution and laws in the locality, and organizing the implementation of the People's Council's resolutions.

Within the scope of assigned authority, the provincial-level local government issues legal documents to perform its tasks and powers. Accordingly, the provincial-level People's Council issues legal documents to prescribe policies and measures to ensure the implementation of the Constitution, laws, and legal documents of higher-level state agencies; measures of a specific nature suitable to the socio-economic development conditions of the locality... The provincial-level People's Committee issues legal documents to prescribe measures to implement the Constitution, laws, and documents of higher-level state agencies, and resolutions of the People's Council of the same level on development.

socio-economic development, budget, national defense, security in the locality... All individuals and organizations in the locality that are subject to the above documents are required to implement. Therefore, it can be affirmed that the issuance of legal documents by provincial-level local authorities is an activity closely linked to the state in order to exercise state power in the locality.

Second, the legal documents of the provincial-level local government are the concretization of legal regulations and legal documents of the competent authority at the central level.

This is a characteristic that reflects the nature of the legal documents of the provincial-level local government. In reality, the competent authorities at the central level cannot issue a legal document that is suitable for all the characteristics and specific conditions of each locality in the country. Therefore, it is necessary to specify the documents of the central and higher levels to suit the specific conditions of the locality. On the other hand, due to natural conditions, land, culture, etc., each locality is different, there are issues that only exist in one locality but not in another. Therefore, the documents issued by the central government can hardly be suitable for all localities in the country. In this case, it is also necessary to issue local legal documents that directly regulate those issues. For example, Clause 7, Article 1 of Decree No. 149/2016/ND-CP dated November 11, 2016 of the Government amending and supplementing a number of articles of Decree No. 177/2013/ND-CP dated November 14, 2013 of the Government detailing and guiding the implementation of a number of articles of the Law on Prices assigns the authority to the Provincial People's Committee to prescribe the maximum price for the service of collecting and transporting household waste using state budget funds. Based on this provision, each locality will issue a maximum price suitable to the income situation of local people.

Third, the legal documents of the provincial-level People's Committees are issued to regulate social relations arising within the scope of their management.

As a local state management agency, the provincial-level local government has the task of organizing and ensuring the implementation of the Constitution and laws in all areas in the locality; deciding on local issues in accordance with the provisions of law. Thus, the activity of promulgating legal documents specifically regulates the implementation of laws.

Law is one of the tools for provincial-level local authorities to perform the function of social management. In addition, in order to promptly regulate some social relations arising with specific characteristics in the locality, within the scope of their authority, provincial-level local authorities can issue legal documents to regulate the above-mentioned social relations.

For example, to manage the system of petrol stations in the province, the People's Committee of Tay Ninh province issued Decision No. 08/2018/QD-UBND dated April 16, 2018 of the Provincial People's Committee promulgating Regulations on management of investment in the construction of a system of petrol stations and petrol depots in Tay Ninh province. Regarding this content, there is no document directly assigning the authority to the Provincial People's Committee to issue regulations on management of investment in the construction of a system of petrol stations. However, based on the actual situation of the locality, the Provincial People's Committee can issue a legal document. This is a decision of the Provincial People's Committee regulating the management of investment in the construction of a system of petrol stations and petrol depots in Tay Ninh province.

Fourth, the legal documents of the provincial-level local government are only effective within the administrative boundaries of the locality.

This is a characteristic that shows the spatial validity of the legal documents of the local government. Accordingly, the legal documents of the People's Council and People's Committee at any administrative level are valid within the scope of that administrative level and must be specifically stipulated in the document. In case of changes in administrative boundaries, the validity of the legal documents of the local government is determined according to the provisions of Clause 2, Article 155 of the 2015 Law.

1.1.2. Authority to issue legal documents of provincial-level local authorities

Authority is the official right to consider, conclude and decide on an issue. Authority is associated with the rights and duties that the law prescribes for state agencies, people holding leadership and management positions in the

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