comply with the common "rules of the game", but we still maintain independence and autonomy in terms of political and social regimes, domestic and foreign policies and guidelines. Saying so does not mean that we act in the spirit of "our own way, we will go our own way", but we have proactively adjusted the system of legal documents and economic institutions to suit the socialist-oriented market economy that we are gradually building and developing as well as international "rules of the game". At the same time, based on international rules of the game, we detect, prevent and combat violations of the law in basic construction investment using state budget funds.
4.1.4. Preventing and combating violations of the law in basic construction investment with state budget capital needs to thoroughly grasp the viewpoint of mobilizing the combined strength of the whole society.
First of all, it is necessary to promote the strength of the entire political system. In particular, it is necessary to affirm the viewpoint of strengthening the leadership of Party committees, the effectiveness and efficiency of management and administration of the government, promoting the role of the Fatherland Front and mass organizations at all levels in the work of preventing and combating violations of the law in state-funded capital construction investment. Strengthening propaganda and education for cadres, party members, civil servants, public employees, union members and association members on the sense of responsibility for leading, directing and organizing the implementation of the task of preventing and combating violations of the law in state-funded capital construction investment. First of all, it is the responsibility of party organizations, cadres, party members, heads of agencies and organizations according to the requirements of the Politburo stated in Directive No. 48/CT-TW, dated October 22, 2010 on strengthening the Party's leadership in crime prevention and combat in the new situation. Party organizations, state agencies, and mass organizations need to identify the prevention and combat of law violations in state-funded capital construction investment as an important and regular task and include it in the development program for direction and implementation. Crime prevention and combat indicators should be considered one of the criteria for assessing the level of task completion of organizations and individuals in organizations within the political system. Strengthen inspection, supervision, detection, and handling of organizations and individuals violating Party and State regulations on the responsibility to prevent and combat law violations in state-funded capital construction investment.
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Second, it is necessary to thoroughly grasp the viewpoint of strengthening and improving the effectiveness of social prevention measures. Pay attention to crime prevention from the family, within the family and at the grassroots level because the subjects of law violations in basic construction investment with state budget capital are very diverse and complicated. Review and evaluate the impact of development policies and the implementation process of development policies on the situation of law violations in basic construction investment with state budget capital and activities to prevent and combat law violations in basic construction investment with state budget capital, propose to overcome and limit loopholes, shortcomings and inadequacies. Promote communication and education activities, especially communication and education on ethics, lifestyle, policies and laws to combat moral degradation, lifestyle, raise awareness of law compliance, vigilance and responsibility to participate in preventing and combating law violations in basic construction investment with state budget capital for organizations, individuals and families.
4.1.5. Forecast of law violations in basic construction investment with state budget capital in the coming time
In the coming time, along with the increase of negative group interests in all areas of socio-economic life, the development of negative group interests in basic construction investment will increase with the level and scale of damage being very large and carried out through increasingly sophisticated forms and tricks such as the form of public-private partnership (Public-Private Parter): BOT, BTO, BOO... tricks that can be carried out are interest groups by people in positions of power will turn investment capital from the state budget into the assets of private enterprises that are their backyards.
4.2. SOLUTIONS TO PREVENT AND COMBAT VIOLATIONS OF THE LAW IN STATE BUDGET-FUNDED BASIC CONSTRUCTION INVESTMENT IN VIETNAM TODAY
4.2.1. General solutions
4.2.1.1. Raising awareness of the role, significance and tasks of preventing and combating law violations in basic construction investment with state budget capital in Vietnam today
First of all, it is necessary to unify the perception that basic construction plays an important role in the national economy. The role and significance of basic construction can be
clearly seen from the contribution of this sector in the process of reproducing fixed assets for the national economy through new construction, major renovation or restoration of completely damaged works. More specifically, basic construction is one of the major material production sectors of the national economy, along with other production sectors, first of all the manufacturing industry and the construction materials industry, the task of the construction sector is to directly implement and complete the final stage of the process of forming fixed assets (shown in factory buildings including equipment and accompanying installation technology) for all production sectors of the national economy and other non-production sectors. Here, the main task of construction units is to create construction structures to act as covers, supports and installs necessary machinery to put them into use. Construction works have great significance in terms of technology, economics, politics, society and art. Technically, the production facilities built are a concrete manifestation of the country's scientific and technological development path, the crystallization of most of the scientific and technological achievements achieved in the previous cycle and will contribute to opening a new development cycle of science and technology in the next stage. Economically, the facilities built are a concrete manifestation of the economic development path of the national economy, contributing to strengthening the country's technical and material facilities, changing the structure of the national economy, accelerating the speed and rhythm of increasing social labor productivity and developing the national economy. In terms of politics and society, the projects built will contribute to the expansion of industrial zones and new urban areas. In terms of culture and art, the projects built not only contribute to the improvement of people's lives, but also enrich the country's culture. In terms of national defense, the projects built will contribute to strengthening the country's defense potential. On the other hand, when building them, it is necessary to calculate and combine economic efficiency with national defense issues.
Second, it is necessary to clearly understand that preventing and combating violations of the law in basic construction investment with state budget capital is a measure that takes prevention as the main measure. Because prevention is an organized, purposeful, and invested activity to limit
The formation and development of illegal acts in basic construction investment. In recent times, the prevention and control of illegal acts in construction investment and crimes in this field in Vietnam have also been built into specific programs and plans in addition to programs and plans for socio-economic development. Like any other type of activity, the prevention and control of illegal acts in basic construction investment needs to be evaluated for effectiveness after implementation. In particular, taking the work of propaganda and education on crime prevention and control as a preventive work has strategic and fundamental significance in order to prevent the occurrence of crimes. Thereby, making officials and people see the significance of crime prevention and control work to actively participate in preventing, detecting and denouncing crimes and illegal acts. Propaganda activities of agencies, unions and political and social organizations have also been promoted in many diverse, rich and widespread forms in residential areas, in order to reach many target groups and improve the effectiveness of propaganda work. Attention is paid to combining propaganda on mass media with forms of oral propaganda, quizzes, and visual agitation, in which oral propaganda is highly effective and is maintained regularly in all residential areas, schools, agencies and enterprises. Propaganda work is closely linked to the movement for the whole people to unite to build a cultural life in residential areas. Specifically, preventing and combating violations of the law in basic construction investment is one of the important, regular and long-term tasks of the entire Party, the entire army and the entire people, under the direct and comprehensive leadership of the Party in all aspects, the unified management and operation of the State, with law enforcement agencies and specialized forces as the core. The strategy for crime prevention and control in general and crime prevention and control in the field of basic construction investment in particular is an important content, a component part of the National Development Strategy, effectively serving the task of building and rectifying the Party, building a clean and strong State and organizations, creating a stable and healthy social environment to serve the task of socio-economic development, ensuring national defense - security, and foreign affairs of the country. Synchronously using political, organizational - administrative, economic - social, legal, professional, armed, and diplomatic measures to prevent and control crime. Combining prevention and control, suppression, taking prevention as the main objective.
take the lead. Pay attention to prevention activities, prevention of law violations in basic construction investment needs to be carried out from the family and the grassroots. Mobilize the strength of the political system and the combined strength of the whole society in the fight against crime.
In addition, it is necessary to unify the perception of the goal of preventing and combating violations of the law and crimes in the field of basic construction investment with state budget capital, which is to fundamentally and firmly overcome the causes and conditions that give rise to, exist and develop all types of violations of the law, first of all the causes and conditions due to loopholes and shortcomings in economic management and administrative management; to curb the increase in particularly serious violations of the law such as crimes of corruption, waste and loss of state assets; to ensure the leadership role of the Party, the effectiveness and efficiency of state management in preventing and combating violations of the law and crimes in the field of basic construction investment, to enhance the role and responsibility of all levels, sectors, the Fatherland Front, mass organizations, and to mobilize all social resources in the work of preventing and combating economic and position-related crimes. At the same time, it is necessary to focus on fundamentally improving the operational capacity of specialized crime prevention and control forces to meet the requirements of the new situation.
4.2.1.2. Strengthening the work of building a team of cadres to do basic construction investment work with state budget capital
The fight against violations of the law in construction investment using state budget funds is not only about detecting, inspecting, investigating, prosecuting, and trying cases of violations of the law in construction investment using state budget funds, but also about eliminating the root causes and conditions that give rise to violations, which still exist and develop wherever and whenever they occur. Therefore, in order to strengthen the fight against violations of the law in general and the fight against violations of the law in construction investment using state budget funds in particular, it is necessary to first focus on limiting and gradually eliminating the causes of violations.
First of all, it is necessary to strengthen the work of building cadres to do basic construction investment work in both the state and non-state sectors. However, it is necessary to
Pay attention to the staff working in the management of basic construction investment projects and staff in construction and supervision units. Because in economic activities, management staff play an extremely important role, being the decisive factor for success or failure. Managers with virtue and talent will develop the economy. On the contrary, managers with declining political qualities, ethics and lifestyle will inevitably take advantage of their positions and loopholes in the policy mechanism to gain personal benefits and commit corruption. This reality exists and develops in the staff working in construction investment. Good staff do not commit corruption. Therefore, the education, training, management and use of staff working in construction investment, who regularly come into contact with large quantities of materials, money, etc., need to pay special attention to their political and ethical qualities. Cadres working in construction investment with state budget capital need to be built to ensure that each person is an example of morality and lifestyle. Upholding the qualities of exemplary cadres with a frugal life, staying away from lavish lifestyles, even depraved lifestyles. Only then can we have a team of "impartial, impartial" cadres who see public property without being greedy, gradually solving the root of the problem, gradually pushing back corruption, especially corruption in basic construction investment with state budget capital.
In addition, it is necessary to see that in many provinces and localities across the country, bidding staff of some investors still lack experience, especially in preparing bidding documents (HSMT) and evaluating bidding documents (HSDT). The reason is that although the organization of training to improve bidding skills has been deployed to departments, branches and investors, it has not received due attention from investors. Some investors do not have specialized capacity and are forced to hire bidding consultants, while the consultants are mainly selected in the provinces, so their qualifications are still limited. This situation leads to many errors and violations in the implementation of basic construction investment projects with state budget capital. Therefore, in the coming time, it is necessary to innovate training and improve the capacity of officials working in basic construction investment. Some solutions can be applied as follows:
Firstly , ensure the good implementation of training activities for cadres working in basic construction investment with state budget capital in compliance with the training process consisting of 4 basic steps: Identify training and development needs, make plans
training and development, implementing training and development plans and evaluating training and development. However, it is necessary to pay attention to ensuring factors related to and directly affecting this training such as institutions, budget for training activities, document programs, lecturers and organizational capacity, facilities, teaching support equipment of training institutions (focusing on teachers and learners) as well as the capacity and motivation of learners. Determining the training needs for knowledge and skills on bidding, budget management in basic construction projects, construction supervision skills, skills in making, appraising, approving, and advising on decision making is a basic and important step to determine what training subjects need to be trained in, what types of capacity are needed and what types are not needed for training and development. Determining training needs should be based on the main theory: Training needs = Required capacity of civil servants - Current capacity of civil servants . Determining training needs is to affirm that training is only provided to those whose working capacity does not meet the required capacity level for their job position. Therefore, assessing training needs also shows that in the coming time, especially when the 2014 Law on Public Investment and the 2014 Law on Construction come into effect, the training subjects will be all cadres working in basic construction investment with state budget capital. However, in terms of skills, it is necessary to classify based on a comparison between the level of job proficiency of civil servants and the importance of the work they undertake for training. This is the scientific addition of knowledge through training, avoiding widespread training.
In addition, the training program is an important factor because without a good program, training will not be highly effective. Based on the Job Description of each learner, the lecturer will determine the knowledge (Knowledge), skills (Skills) and attitudes (Attitude) (abbreviated as KSA) needed to perform the job.
Second, develop a team of lecturers with knowledge and capacity appropriate to the training content. It is necessary to see that basic construction investment with state budget capital is a specialized field while the current team of lecturers has not been thoroughly and deeply trained and has little practical experience, so it requires
This requires breakthrough solutions in building a team of part-time lecturers with sufficient quantity, extensive management experience and practical working capacity.
Third , establish a national fund for training and fostering in basic construction investment with state budget capital. This fund will focus on training a class of high-quality and internationally-standardized cadres in basic construction investment, on that basis, there will be talented young cadres, through a separate, competitive examination to select and train them to become young core cadres for the management of basic construction investment with state budget capital.
For the work of recruitment, appointment, use, planning, promotion, and arrangement of staff, it is necessary to focus on basing on the level of capacity appropriate to the job position and the specific nature of the job to ensure deep expertise. Gradually overcome the situation of recruitment, appointment, promotion, and arrangement of staff to positions related to bidding, capital construction investment, procurement of materials, equipment, and capital allocation based on familiarity, teams, and fellow countrymen...
Regarding rewards and discipline, it is necessary to see that this is an effective measure to have a team of officials who say no to violations of the law in basic construction investment with state budget capital. According to the results of the Government Inspectorate on a number of public investment projects in a number of localities in the past, there have been many violations in bidding, construction, incorrect settlement, and false settlement of works. However, when submitting disciplinary recommendations (administrative responsibility for violations) and recommendations for handling criminal responsibility to the police investigation agency, there are very few cases of disciplinary action. This is one of the realities that requires appropriate research on forms of discipline (administrative responsibility) and especially the need to apply strong measures such as criminal responsibility. However, for collective violations caused by legal entities, causing damage to the state budget, there are currently no regulations determining criminal responsibility for legal entities. Therefore, the promotion of discipline needs to be strengthened by researching and supplementing the 1999 Penal Code with criminal liability for legal entities, especially crimes that violate economic management order. Only then will it be the basis for effectively preventing and combating violations of the law, ensuring the application of criminal sanctions not only to individuals who violate the law but also to enterprises and business leaders.