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Violations of the law in basic construction investment with state budget capital in Vietnam - 2


3.2. Scope of research

- Regarding content: Only research on violations of the law in construction investment using state budget

- About time: Research and evaluate the current situation of law violations in this field from 2010-2014

- In terms of space: Research on illegal activities in basic construction investment with state budget capital on a national scale.

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4. Theoretical basis and research methods of the thesis

- The thesis topic is researched on the basis of the scientific theory of Marxism-Leninism, Ho Chi Minh thought, the viewpoints of the Communist Party of Vietnam on the state and law in general, and on basic construction investment with state budget capital in particular. In addition, the topic focuses on popular scientific viewpoints and knowledge in the country and abroad on violations of the law in basic construction investment with state budget capital for reference and to serve the approach and solution of issues within the scope of the thesis.

Violations of the law in basic construction investment with state budget capital in Vietnam - 2

On the basis of dialectical materialism methodology, the methodology of historical materialism of Marxist-Leninist philosophy, the author of the thesis uses the following specific research methods:

- The analysis and synthesis methods are used in chapters 2, 3, and 4 to clarify the theoretical basis, assess the current situation, and propose viewpoints and solutions to ensure the prevention and combat of law violations in basic construction investment with state budget capital.

- The system approach is used in chapters 2,3,4 to clarify the content and conditions for ensuring the prevention and combat of law violations in basic construction investment with state budget capital in Vietnam today.

- The method of combining theory with practice, the logical method is used in chapters 2, 3, 4: The thesis studies each issue in the close relationship between theory and practice, between the viewpoints, guidelines of the Party, the laws of the State and the practice of law implementation in basic construction investment with state budget capital. The three chapters of the thesis are studied in a logical relationship throughout from


Theoretical basis for the current situation and viewpoints, solutions to ensure prevention and control of law violations in basic construction investment with state budget capital.

- Statistical and legal sociological methods are used in chapter 3 when assessing the current status of law violations in state-funded capital construction investment in Vietnam.

- The comparative method is used in chapter 1 to clarify the research situation and point out issues that need further research. This method is also used in chapter 3 to compare and evaluate the current situation of law violations in basic construction investment with state budget capital in Vietnam today.

5. New scientific contributions of the topic

This is the first work to systematically and comprehensively study violations of the law in basic construction investment in Vietnam today. The research results of the thesis will have new scientific contributions as follows:

- Based on a comprehensive analysis of views and concepts of law in basic construction investment with state budget capital, the thesis has built a scientific concept of law violations in basic construction investment with state budget capital, pointed out the characteristics and forms of violations, and at the same time, analyzed and clarified the conditions to ensure prevention and combat of law violations in basic construction investment with state budget capital in Vietnam today.

- Analyze and evaluate the current situation of law violations in basic construction investment with state budget capital, and at the same time point out the limitations and causes of those limitations. From there, the thesis proposes viewpoints and solutions to ensure the prevention and combat of law violations in basic construction investment in Vietnam today.

6. Scientific and practical significance of the topic

The research results of the topic contribute to supplementing and enriching theoretical knowledge on law violations and law violations in basic construction investment with state budget capital; building a scientific basis for analyzing and evaluating the current situation of law violations in basic construction investment with state budget capital; building and perfecting factors and conditions to ensure prevention and combat of law violations in basic construction investment with state budget capital.


The thesis is a reference document for research, teaching of law and legal culture specializing in law violations and prevention of law violations in state-funded capital construction investment. The thesis is also a useful reference document for competent agencies and organizations with social responsibility in the process of building and perfecting policies and laws on capital construction investment; building and implementing specific programs, projects and plans to effectively organize the prevention of law violations in state-funded capital construction investment in Vietnam in the context of market economy development, international integration and building a socialist rule-of-law state.

7. Thesis layout

In addition to the introduction, conclusion, list of works published by the author related to the thesis topic, list of references and appendix, the thesis consists of 4 chapters and 14 sections.


Chapter 1

OVERVIEW OF RESEARCH RELATED TO THE TOPIC AND ISSUES THAT NEED FURTHER RESEARCH


1.1. RESEARCH SITUATION IN FOREIGN COUNTRIES ON VIOLATIONS OF LAW IN BASIC CONSTRUCTION INVESTMENT WITH STATE BUDGET CAPITAL

1.1.1. Research situation abroad on investment in the field of basic construction with state budget capital

Nayef RFAl-Rodhan's work " Global Definition of Investment Program Comparisons and Prospects " focuses on investment trends and investment prospects, including a chapter that describes investment risks such as corruption, waste, loss and on that basis, affirms that countries need to have solutions to overcome and illegal behavior.

In the work published by OECD " List of keywords and definitions of foreign direct investment ", the definitions of investment and foreign investment are published specifically and clearly, serving as a basis for research on investment in general and foreign direct investment in particular.

The work “ Foreign direct investment and annual policy development for countries with developed economies ” by Professor Theodore focused on researching theoretical issues on investment, foreign direct investment. At the same time, there is an analysis section on investment in basic construction. The investment contents, investment trends and investment fields using state capital, ODA capital and capital from investors in the private sector are also thoroughly analyzed by the author, serving as a basis for research, forecasts and perspectives, solutions and comments for countries with developed economies.

The work “ Investment Projects: Changing Political Perspectives on Urban Investment ” by author David E. Lubroff has put forward a practical hypothesis from the failures of the 1970s in the US in public investment projects in American cities. There was a large number of projects in the period from 1960 to 1970, when political conflicts formed a new generation of urban mega-projects. Through his research, he wants to prove


The role of politics and the decisions of the ruling parties in establishing investment projects. Most importantly, those investment projects must be organized and implemented effectively, overcoming impracticality, serving the people in urban areas. This is the cultural transformation of investment and construction, towards people and for people. Politicians, when making their decisions, need to pay attention to factors such as the decisions of local authorities and the decisions of the central government. People are the beneficiaries of investment projects, especially infrastructure investment projects such as housing, mid-range and high-end apartments. Through his work, the author emphasizes the reasons for the current situation of ineffective investment projects. One of the reasons the author gives is that the assessment of the feasibility of basic construction projects does not ensure technical factors and the implementation of projects does not comply with legal regulations.

In his book “ Planning Disasters: A Chain of Urban Development Projects in California, ” author Peter Hall focuses on a situation called “planning pathology.” He charts the history of five planning disasters and two near-disasters, and analyzes the decisions of officials, experts, community activists, and politicians involved in the planning process. He draws on an eclectic body of political science, economics, ethics, and long-term forecasting theories to suggest effective measures and solutions to prevent such major mistakes in the future. His book “Public Investment, Growth, and Fiscal Constraints: Challenges for New EU Member States ” focuses on the importance of public investment for growth in the face of large budget deficits and rising public debt. The book focuses on a very timely topic, given the low growth and fiscal and policy prospects facing the current and future European member states, which are suffering from a severe financial crisis and very low output growth rates. Given the constraints placed on monetary policy by the common currency and the loss of monetary policy autonomy, the role of fiscal policy, and in particular, public investment in a context of budget constraints and low growth rates, becomes increasingly important. The material in the book is useful for scholars,


researchers and practitioners when studying public investment, especially basic construction investment.

The book: “ The Power of Public Investment Management - Assets for Growth ” by the editorial team: Anand Rajaram, Kai Kaiser, Tuan Minh Le, Jay-Hyung Kim and Jonas Frank focused on analyzing investment resources, if invested effectively in basic construction such as public infrastructure and services, it can open up a process of comprehensive growth and development. But often public projects are often selected by investors based on political patronage. Many investment projects are poorly designed, inadequate, delayed, very expensive, or implemented with very little public benefit. At the same time, many public investment projects are rarely known to the public. This is an important challenge for many countries, both rich and poor. This book offers 8 important effective solutions that countries need to apply to ensure that public investments support growth and development. The Power of Public Investment Management provides a clear, non-technical approach to improving the often-violated stages of project appraisal, while also disciplining cases of political interference in project selection, dealing with uncertainty (an issue that is likely to grow in importance with climate change responses), integrating procurement skills into project design, implementation and managing public-private partnership decisions. The book is valuable for proposing a simple yet comprehensive framework and global experience, providing policy makers with measures to apply basic construction investment management (PIM) principles in designing institutions to strengthen PIM.

1.1.2. Foreign research situation on law violations and law violations in the field of basic construction investment with state capital

1.1.2.1. Foreign research situation on law violations

The book: " Deviation of social norms ", the group of authors are famous Soviet scientists (VNCudriasep, In.V.Cudriasep, VXNerxêannet...) have researched violations of legal, ethical and other social norms, components, mechanisms, causes and approaches in fighting against violations.


that violation. What is significant is that the authors of the book have vividly and accurately described the internal relationship and external manifestation of violations as well as the relationship of the violations themselves. This is a reliable scientific basis for approaches to effective solutions in preventing violations.

The report on law violations and violence, by Brent Teasdale - Eric Silver - John Monahan, 3 scientists from the Department of Sociology, University of Akron, Department of Sociology, Pennsylvania State University, USA and the University of Virginia, USA, pointed out the relationships between violence and subjects related to law violations. Law violations all come from subjects studied from a psychological and gender perspective, thereby indicating that men are more likely to violate the law than women.

The work “ Law and the crystal ball - predicting legal and illegal behavior before judicial decisions ” in 1979 by Barbara D. Underwood, Professor of Yale Law School. Professor Barbara focused on two controversial and inconsistent topics about legal and illegal behavior. Through her analysis, Professor Barbara pointed out that illegal behavior is a behavior that can occur frequently or infrequently depending on the will of the subject, the social environment and the beneficial control from the state, school and society.

1.1.2.2. Foreign research works on violations of the law in basic construction investment with state budget capital

Jill in her research entitled “Corruption and collusion in construction: a view from the industry” pointed out that: “ Investment in projects is essential for economic growth and development. However, there are more and more shortcomings in investment in construction . Specifically in developing countries, construction investment has many disadvantages such as inappropriate projects, high prices, poor quality, wasting too much time and costs for maintenance and a low-income group cannot access projects. These negative impacts have affected the issue of development and poverty reduction and have given rise to a situation where investors are looking for ways to increase “value for money” from the construction industry.


Construction industry. According to statistics, the construction industry is mentioned as one of the most corrupt industries globally; in which public construction is mentioned as a sector that is constantly on the list of sectors with the highest potential for corruption by Transparency International. It is estimated that about 20% - 30% of the value of construction projects is lost through widespread corruption. In a survey by the CIOB on violations of the law in construction investment in the UK in 2013 " Corruption in the UK Construction Industry, September 2013, The Charterer Institute of Building (CIOB) " the survey results showed that up to 49% of respondents believe that there is a violation of the law (specifically corruption) in construction investment. The survey also provided some statistics on the state of law violations in basic construction investment, thereby giving some reasons to explain this situation such as: due to the complex nature, division of stages, the participation of many subjects in the supply process has created conditions for corruption.

Thus, in the above research works, the authors focus on analyzing public investment, basic construction investment, violations of the law in basic construction investment contracts, the responsibility of the State, Government and judicial agencies in protecting investors, making judgments based on violations of the law, the international legal system and fairness and justice in judgments.

1.2. DOMESTIC RESEARCH SITUATION RELATED TO THE TOPIC

1.2.1. Domestic research situation on basic construction investment and basic construction investment law

Vietnam's public debt from European experience by Associate Professor, Dr. Dinh Cong is the main topic of the scientific conference organized by the Institute of European Studies (Vietnam Academy of Social Sciences) on April 25, 2013 in Hanoi, within the framework of the State-level scientific project KX.01.09/11-15 "Public debt crisis in some European Union countries and lessons for Vietnam" chaired by Associate Professor, Dr. Dinh Cong Tuan. The global financial crisis and economic recession since 2008 have caused the outbreak of public debt crisis in

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