TRƯỜNG ĐẠI HỌC LUẬT TP. HỒ CHÍ MINH ------ ----- CÔNG TRÌNH DỰ THI NGHIÊN CỨU KHOA HỌC SINH VIÊN CẤP TRƯỜNG Lần thứ XXVII Năm học 2022 - 2023 TÊN CÔNG TRÌNH : LAW ON LOBBYING IN THE WORLD AND LESSONS FOR VIETNAM THUỘC NHÓM NGÀNH : LUẬT HÀNH CHÍNH Họ tên tác giả, nhóm tác giả : Nam/Nữ. Mã số SV Năm thứ Nguyễn Hoàng Bá Huy Nam 2053801015042 03 Trưởng nhóm: Nguyễn Hoàng Bá Huy Lớp : 121 - CLC45A Khoá :45 Khoa: Chương trình đào tạo đặc biệt Mã số công trình :……………………. ( Phần này do Phòng QL NCKH & HTQT đánh số vào ) TRƯỜNG ĐẠI HỌC LUẬT TP.
HỒ CHÍ MINH ------ ----- CÔNG TRÌNH DỰ THI NGHIÊN CỨU KHOA HỌC SINH VIÊN CẤP TRƯỜNG Lần thứ XXVII Năm học 2022 - 2023 TÊN CÔNG TRÌNH : LAW ON LOBBYING IN THE WORLD AND LESSONS FOR VIETNAM THUỘC NHÓM NGÀNH : LUẬT HÀNH CHÍNH Họ tên tác giả, nhóm tác giả : Nam/Nữ Mã số SV Năm thứ Nguyễn Hoàng Bá Huy. Nam 2053801015042 03 Trưởng nhóm: Nguyễn Hoàng Bá Huy Lớp : 121 - CLC45A Khoá :45 Khoa: Chương trình đào tạo đặc biệt Mã số công trình :……………………. ( Phần này do Phòng QL NCKH & HTQT đánh số vào ) LIST OF ABBREVIATIONS No. MPs Member of Parliament(s) 2.
CEOs Chief executive officer(s) 3. LDA Lobbying Disclosure Act of 1995 (amended 2006) 4. HLOGA Honest Leadership and Open Government Act of 2007 5. NGOs Non-govermental organization(s) 6.
VCCI Vietnam chamber of commerce and Industry 7. EU European Union 8. WTO Word Trade Organisation 9. FTAs Free Trade Area(s) 10.
TPP Trans-Pacific Partnership 11. EUTR European transparency register TABLE OF CONTENTS INTRODUCTION. Domestic research materials. Foreign research materials.
Methods of studying the theory of jurisprudence. Methods of synthesizing information. OVERVIEW OF LOBBYING. Definition of Lobbying and Its History.
History of the development of lobbying in the world. The objectivity of lobbying. Distinguish between lobbying and policy advocacy. Lobbying’s position and its role in a democratic society.
LAW ON LOBBYING IN THE WORLD. Law on lobbying of the United States of America. Current legislation on lobbying in the United States. Law Enforcement Practices of Lobbying in the United States.
Law on lobbying of the European Union. Law on lobbying in Canada. Law on lobbying in Germany. THE CURRENT FRAMEWORK AND PRACTICE OF LOBBYING AND LESSONS LEARNED FOR VIETNAM.
Current legal framework of lobbying in Vietnam. The current practice of lobbying in Vietnam. Challenges and lessons learned for Vietnam in developing a law on lobbying 67 3. Some lessons for Vietnam in developing legislation on lobbying.
Problem statement “After all, Wall Street is clearly the most powerful lobbying force on Capitol Hill. From 1998 through 2008, the financial sector spent over $5 billion in lobbying and campaign contributions to deregulate Wall Street.” Bernie Sanders1 “Lobbying is not a bad thing. I’m not trying to say that we shouldn’t have lobbyists or we shouldn’t have lobbying to petition our government. It’s in the Constitution, and it’s something that should be honourable and good.
” Jack Abramoff2 Both quotes clearly affirm the position and the role of lobbying which affect a country’s public policy. In fact, from 1998 through 2008, lobbying took place in the US, typically, at that time, the financial sector spent over five billion dollars in lobbying and campaign contributions to deregulate Wall Street or according to Jack Abramoff (lobbyists and businessman) lobbying is not a bad thing and it should be regulated in the Constitution, only when it appeared in the Constitution did the lobbying activity is legal. Lobbying is quite popular in many countries around the world. Lobbying is named after the place where this activity first took place in history, the corridor of the British Parliament.
During recess, members of Parliament often exchange with colleagues or anyone to supplement information about the matter being discussed or decided in Parliament. Lobbying has been going on since time immemorial, and there is certainly a case for saying that lobbying is one of the world’s oldest professions. Whenever an individual, or group of individuals, wields power over society, there will be other individuals or groups of individuals who will have 1 Bernie Sanders, byname of Bernard Sanders, (born September 8, 1941, Brooklyn, New York, U.), American politician who was first elected to represent Vermont in the U. Senate in 2006 and took office the following year.
Previously he served (1981–89) as the mayor of Burlington, Vermont, and as a member of the U. House of Representatives (1991–2007). Formally unaffiliated with any political party, he sought the Democratic nomination in the U. presidential elections of 2016 and 2020, https://www.com/biography/Bernie-Sanders, 23/11/2022.
2 Jack Abramoff (born February 28, 1958) is an American former lobbyist and businessman. Convicted in 2006 of mail fraud and conspiracy, he was at the heart of an extensive corruption investigation that led to the conviction of White House officials J. Steven Griles and David Safavian, U. Representative Bob Ney, and nine other lobbyists and Congressional aides.
He served three years, six months of a six-year sentence in federal prison before being released early to a Baltimore halfway house on June 8, 2010, https://www.org/wiki/en/Article:Jack_Abramoff_-_Biography, 23/11/2022. 2 tried to persuade them to exercise that power in a particular way. Lobbying is both natural and inevitable. The forums of both Greece and Rome were frequented by ancient lobbyists, who would seek to influence both senators and plebs for or against the issues of the day.
The courts of Kings and Princes were thronged with courtiers, and those courtiers were the lobbyists of their day. If the barons had not lobbied King John, he would not have signed the Magna Carta at Runnymede, and democracy in Britain might have evolved very differently3. Vietnam is one of the few socialist republics in the world, persistently following the path of socialism under the guiding light of Marxism-Leninism and Ho Chi Minh’s thought. The advantage and disadvantage of Vietnam is the one-party system - only one Communist Party of Vietnam runs the country.
Therefore, opposing opinions are often difficult to accept, especially specific interest groups that are not associated with the majority. In a democratic and rule-of-law society, specifically in Vietnam lobbying is a relatively new concept, some people believe that lobbying in Vietnam does not work as well as it does in other countries because the Communist Party is the sole ruling party in Vietnam4, most policy decisions are proposed by the Party, the National Assembly, which has nearly 96% of Communist Party members5, is the place to institutionalize the Party’s policy decisions. Although not officially recognized legally, is in fact very active, with many different nuances and expressions. The terms “lobbying” are not officially mentioned in legal documents in Vietnam, other expressions of this concept in legal and policy documents such as “participation of the people”, “recommendation”, “discussion”, and “suggestion” have been used quite frequently in a number of specific statutes.
All Party documents are oriented toward the spirit of “All Party lines and undertakings, policies and laws of the State must derive from the legitimate aspirations, rights, and interests of the people” and “improving the quality, promoting the role and participation of the 3 Lionel Zetter (2008) , Lobbying The Art of Political Persuasion, Harriman House Ltd, p. 4 Trần Mai Hùng (2016), “Vận động hành lang trong hoạch định chính sách”, Political Theory Electronic Journal, http://lyluanchinhtri.vn/home/index.php/dien-dan/item/1302-van-dong-hanh-lang-trong-hoach-dinh- chinh-sach.html, accessed on 28/01/2023.vn/gan-96-dai-bieu-quoc-hoi-la-dang-vien-1114792.htm accessed on15/08/2023. 3 people in formulating, promulgating, and organizing the implementation of the Party’s undertakings, policies, and laws of the State. Lobbying is objective, stemming from the pursuit and realization of interests by actors in society, which are inherent in the relationship system of authorization and representation between the people and the state.
Therefore, lobbying has an important position and role in the following aspects: Firstly, lobbying is a way for actors in social life to realize the benefits of me; Secondly, is a channel to express the views, values , and interests of stakeholders related to decisions or public policies and; Thirdly, providing and supplementing information from many different angles to state agencies, contributing to overcoming information asymmetry, improving efficiency and social welfare of public policies; Fourthly, contribute to social criticism and supervision of the public policy process. However, since lobbying is a way for actors in socio-political life to realize their interests, if this activity is not regulated and well-governed, it will also lead to the risk of harming people and the interests of other subjects as well as of society. Such losses may come from manipulation or distortion of policies for entities with strong influence on the state and political officials; increasing transaction costs of subjects in social life; loss of development opportunities from the rational use of national resources. At a more serious level, it can lead to other consequences in socio-political life such as bribery, and corruption; increasing social inequality, reducing the legitimacy of the state, and causing conflicts of interest and division in society.
According to the author, whether you like it or not, whether you accept it or not, lobbying has been and continues to be a part of Vietnam’s socioeconomic life. Instead of focusing on the bad aspects of lobbying in order to eradicate them, we should create a clear legal framework for lobbying that limits and eliminates the harmful consequences of this activity. Therefore, the author chooses this topic: Law on Lobbying in the World and Lessons for Vietnam. Literature review 6 Documents of the 13th Party Congress, https://file1.vn/data/0/documents/2022/01/28/phongnh/van-kien-dai-hoi-dai-bieu-lan-thu-xiii- tieng-anh.
Domestic research materials - Nguyễn Thị Hồng Chương (2010), Vận động hành lang trong hoạt động lập pháp của Quốc hội (Nghị viện) một số nước trên thế giới, Master thesis, Law Falcuty - Hanoi National University. - Phạm Thị Hoa (2017), Vận động chính sách công ở Anh, Pháp, Mỹ và những gợi mở đối với Việt Nam, Doctoral thesis, Ho Chi Minh Political Academy. - Đặng Minh Tuấn (2022), Vai trò của pháp luật về vận động hành lang trong phòng chống tham nhũng, Legal Studies Journal, http://lapphap.vn/Pages/TinTuc/211065/Vai-tro-cua-phap-luat-ve-van-dong-hanh- lang-trong-phong--chong-tham-nhung. - Chu Hồng Thanh (2022), Nhận thức pháp lý về vận động hành lang, Vietnam Lawyer Journal, https://lsvn.vn/nhan-thuc-phap-ly-ve-van-dong-hanh- lang1648577532.
- Trung tâm nghiên cứu Ấn Độ (2022), Một vài kỹ thuật vận động hành lang tại phương Tây và kinh nghiệm cho Việt Nam, http://cis.vn/article/5265/mot- vai-ky-thuat-van-dong-hanh-lang-tai-phuong-tay-va-kinh-nghiem-cho-viet- nam. - Nguyễn Vĩnh Hằng (2016), Vận động hành lang (Lobbying), International Studies, https://nghiencuuquocte.org/2016/10/08/van-dong-hanh-lang- lobbying/. - Nguyễn Minh Phong, Nguyễn Trần Văn Trí (2016), Hiệp hội doanh nghiệp với việc vận động chính sách vì mục tiêu phát triển bền vững, Legal Studies Journal, No. - Võ Khánh Vinh (2003), Lợi ích xã hội và pháp luật, People’s Public Securities Forces Publishing, Ha Noi.
- Võ Khánh Vinh (2020), Chính sách pháp luật: Những vấn đề lý luận và thực tiễn, National Political Publishing, Ha Noi. - Đào Trí Úc - Vũ Công Giao (2015), Vận động chính sách công: Lý luận và thực tiễn, Labour Publishing. - Nguyễn Đăng Dung (2015), Sự hạn chế quyền lực nhà nước, Hanoi National University Publishing. Foreign research materials - Lionel Zetter (2008), Lobbying: the Art of Political Persuasion, Harriman House Ltd.
- Heike Kluver (2013), Lobbying in the European Union: Interest groups, lobbying coalitions, and policy change, Oxford University Press. Baumgartner (2009), Lobbying and Policy change - Who wins, Who loses, and Why, The University of Chicago Press. Nownes (2006), Total Lobbying: What Lobbyists Want (and How They Try to Get It), Cambridge University Press. - Sebastian Koehler (2019), Lobbying, Political Uncertainty, and Policy Outcomes, Palgrave Macmillan.
- Scott Kenedy (2006), The Business of Lobbying in China, Havard Univerisity Press. - Tim Peckinpaugh (2009), A Guide to Political and Lobbying Activities, K&L Gates. - Stefanie Weil (2017), Lobbying and Foreign Interests in Chinese Politics, Palgrave Macmillan.