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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
136/2001/QD-TTg
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Hanoi,
September 17, 2001
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DECISION
APPROVING THE OVERALL PROGRAM ON STATE ADMINISTRATIVE
REFORM, THE 2001-2010 PERIOD
THE PRIME MINISTER
Pursuant to the September 30, 1992 Law on
Organization of the Government;
Pursuant to the Government’s Resolution No. 06/2001/NQ-CP of June 6, 2001 adopted
at its May 2001 regular meeting;
At the proposal of the Minister-Head of the Government Commission for
Organization and Personnel,
DECIDES:
Article 1.- To approve
the overall program on State administrative reform for the 2001-2010 period.
Article 2.- This
Decision takes effect after its signing.
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decision.
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PRIME MINISTER
Phan Van Khai
OVERALL PROGRAM
ON STATE ADMINISTRATIVE REFORM IN THE 2001-2010 PERIOD
(Issued together with the Prime Minister’s Decision No. 136/2001/QD-TTg of
September 17, 2001)
I. REAL SITUATION OF THE
STATE ADMINISTRATION AND ADVANTAGES AS WELL AS DISADVANTAGES FOR THE STATE
ADMINISTRATIVE REFORM IN THE 2001-2010 PERIOD
1. The real situation of the
State administration
In furtherance of the resolutions of the VIIth
Party Congress, the resolution of the 8th plenum of the Party Central Committee
(VIIth Congress), the resolutions of the VIIIth Party Congress and the
resolutions of the 3rd , 6th (second session) and 7th plenums of the Party
Central Committee (VIIIth Congress), the administrative reform carried out over
the past 10 years (1991-2000) has contributed an important part to the national
cause of socio-economic renovation and development. Marked and significant
results have been recorded in such administrative reform, including:
- The function and operation of the bodies
within the administrative system from the Government, the ministries,
centrally-run branches to the People’s Committees of all levels have changed
for the better, focussing more on the State management;
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- The organizational structures of the Government
and administrative bodies at all levels have been readjusted and further
streamlined than before; the administrative apparatus from the central to
grassroots level has operated with higher effect and efficiency;
- The management and employment of public
officials and employees have been further renovated under the provisions of the
Ordinance on Public Servants, from the stage of recruitment, assessment, rank
promotion examination, commendation and discipline to the stage of training and
fostering. The wage regimes and policies have been initially reformed along the
direction of monetarization.
However, the State administration remains deeply
imprinted with the trace of the mechanism of centralized, bureaucratic and
subsidized management and unable to meet the requirements of the new management
mechanism as well as the requirements of servicing the people under new
conditions; the management effectiveness and efficiency are not high:
- The State management function and tasks of the
administrative apparatus in the socialist-oriented market economy have not yet
been clearly defined; the responsibility assignment and division among branches
and levels remain unclear;
- The system of administrative institutions
remain incomplete, overlapping and inconsistent; the administrative procedures
in various fields remain cumbersome and complicated; the order and discipline
remain relaxed;
- The organizational structure remains
cumbersome and multi-layered; the administrative management, being bureaucratic
and centralized on the one hand and scattered on the other hand, has yet gone
smoothly; there have been no mechanism and policies suitable to the operations
of administrative bodies, non-business units as well as public-service
organizations;
- The contingent of public officials and
employees remains weak in quality, sense of responsibility, professional
capability, administrative skills; the working style is slow to be renovated;
red tape, corruption and harassment of people continue to occur among a section
of public employees;
- The administrative apparatus in localities and
establishments is not really attached to people, failing to grasp burning
issues therein and being embarrassed and passive in coping with complicated
circumstances.
The above situation is attributed to various
causes. First, the public employees perception of the State’s management role
and function, the building of the State apparatus in general and the State
administrative apparatus in particular in the new situation remains unclear and
inconsistent; many theoretical and practical issues have yet been clarified;
many policies mapped out under the old mechanism of centralized and
bureaucratic management with State subsidies have not yet been amended or
replaced in time. Second, the tasks of administrative reform have not yet been
carried out synchronously with the renovation of organization and operation of
the Party-led political system; the administrative reform has not yet been
closely linked with the renovation of the legislative activities and judicial
reform. Third, the administrative reform is confronted with big obstacle as it
harms the interests of not a few administrative bodies, officials and employees
in the State apparatus at the central and local levels; the mechanism of
centralized and bureaucratic management with State subsidies has still exerted
great impacts on the way of thinking and working style of not a few public
employees; the administrative reform has not been well prepared ideologically.
Fourth, the regimes and policies on organization and personnel, as well as
wages still see many irrationalities, failing to create a motive force for the
reform. Fifth, shortcomings still exist in the direction of the work of
administrative reform by the Government, the ministries, centrally-run branches
and People’s Committees at all levels; the direction of implementation of set
undertakings remain not resolute and inconsistent.
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From the reality of carrying out the
administrative reform over the past 10 years and on the basis of the obtained
results as well as shortcomings some general lessons can be drawn:
- The administrative reform is a big task
relating to many fields, which must be carried out simultaneously in the
overall renovation of the political system, combined with the Party building
and restructuring and with the general reform of the State apparatus;
- The administrative reform should be closely
combined with the economic reform in each stage, each domain and each
geographical area, creating the harmony and interaction between the
administrative reform and the renovation of economic management mechanism;
- The administrative reform is a sensitive and
difficult job, demanding that the directing bodies have persistent viewpoints
and principles as well as practical program of action in each period; the
leadership and direction of the reform must be concentrated and unified with
strong determination and will for the reform;
- The administrative reform must be deployed
synchronously from higher to lower level, highly treasuring and encouraging
innovations and experiments of localities and establishments, determining key
things to settle in each period and finding specific driving force for the
reform activities;
- The administrative reform must stem from the
realities of Vietnam with Vietnamese characteristics, traditions and identity;
and at the same time consult and learn from other countries’ knowledge and
experiences on organization and operation management for proper application.
3. Advantages and
disadvantages for the administrative reform in the coming period
The first 10 years of the 21st century shall be
a period in which appear many opportunities and advantages for further
accelerating the administrative reform process:
- The practical lessons from the administrative
reform over the past 10 years constitute a good basis for new decisions on
administrative reform in the coming period;
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However, the administrative reform is confronted
with numerous difficulties and challenges:
- The biggest challenge to the requirement of
building a clean, strong, effective and efficient State administrative system
shall be the lingering weaknesses of the State administrative apparatus, the
red tape, corruption, the quality and moral degeneration among a section of
public employees;
- The large scope and scale of the
administrative reform demands that it be carried out continuously with high
determination and together with the study and experiment of new organization
and management models. The State administrative agencies must strive to
renovate and reform themselves in order to realize the objective of building a
democratic administration which is modernized step by step, to fully exercise
the people’s mastery and strengthen the legislation and State discipline in the
socialist-oriented market economy;
- The administrative reform is placed in the
comprehensive renovation of the political system and the reform of the State
apparatus in general. Actually, there still exist many important issues of
decisive significance for the determination of the contents and mode of
carrying out the State apparatus reform, the administrative reform and the
building of a law-governed State, which should be further studied for clear
conclusions;
- The inertia of the mechanism of centralized
and bureaucratic management with State subsidies has still exerted strong
impacts on the way of thinking and the working style of a section of public
officials and employees, while the administrative reform is carried out under a
circumstance where the knowledge and experiences on the State management in the
new economic mechanism are inadequate for the requirement of building a
democratic and modern State administrative system.
II. THE OBJECTIVES OF THE
OVERALL PROGRAM ON THE STATE ADMINISTRATIVE REFORM FOR THE 2001-2010 PERIOD AND
VIEWPOINTS ON REFORM
1. The objectives
The general objectives of the overall program on
the State administrative reform for the 2001-2010 period shall be: to build a
democratic, clean, strong, professional and modernized administration which
operates effectively and efficiently according to the principle of the
socialist law-governed State under the leadership of the Party; to build the
contingent of qualified and capable public officials and employees meeting the
requirements of the cause of national construction and development. By the year
2010, the administrative system shall be basically reformed to suit the
requirement of managing the socialist-oriented market economy.
The specific objectives of the program shall be:
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To continue renovating the procedures for
elaboration and promulgation of legal documents, overcoming departmentalism in
the preparation and compilation of documents; to raise the responsibility of
each agency in the process of institutional building; to promote democracy and
mobilize the people’s wisdom for a higher quality of legal documents.
1.2. To basically get rid of bureaucratic and
cumbersome administrative procedures which have caused inconvenience for
enterprises and people; to perfect the new administrative procedures along the
direction of transparency, simplicity and convenience for people.
1.3. The agencies within the administrative
system shall have their functions, tasks, competence and responsibilities
clearly defined; to transfer a number of work and services which must not
necessarily be performed by State agencies to enterprises, social organizations
and/or non-governmental organizations.
1.4. The Government’s organizational structure
is neat and rational according to the principle that ministries manage multi-
branches, multi-fields, mainly performing the function of macro-management of
the entire society by laws, policies, guiding and inspecting the implementation
thereof.
The apparatuses of ministries shall be
structurally adjusted on the basis of clearly defining the functions and mode
of operations of sections advising on and/or enforcing policies, providing
public services.
1.5. By 2005, to basically complete the
determination of, and the implementation of new regulation on, the State
administrative management decentralization between the central government and
localities, among the local administrations at various levels; to clearly
define the functions, tasks, powers and organizational structure of the urban
and rural administration apparatuses.
Specialized agencies of the provincial and
district-level People’s Committees shall be neatly reorganized, performing the
State management functions according to their tasks and competence determined
in the Law on Organization of the People’s Councils and the People’s Committees
(amended). To clearly define the nature, organizational structure and working
regime of the commune-level administration.
1.6. By 2010, the contingent of public officials
and employees shall be quantitatively and structurally rationalized, being
professional and modern. The overwhelming majority of public officials and
employees shall have good quality and full capability to perform official
duties, with total devotion to the cause of national development and the
service of people.
1.7. By 2005, salaries and wages of the public
officials and employees shall be basically improved to become the motive force
for the performance of official duties and to ensure the life quality of public
officials and employees as well as their families.
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1.9. The State administration shall be markedly
modernized one step. The administrative agencies shall be furnished with
relatively modern equipment to satisfy the requirements of timely and smooth
State management. The Government’s electronic information system shall be put
into operation.
2. The administrative reform
is placed within the framework of the Communist Party of Vietnam’s viewpoints
and policies on renovation of the political system and the reform of the State
apparatus
- The reform and perfection of the State
administration shall be closely linked with the Party building and
reorganization, the renovation of the contents and mode of the Party’s
leadership over the State in general and the administration in particular,
aiming to maintain and promote the working class’s nature and build a
law-governed State of the people, by the people and for the people, under the
Party’s leadership.
- The administration must be organized into an
unified and stable system, operating smoothly on the basis of the regime of
clear responsibility assignment and division and under strict discipline; the
administrative agencies and public officials as well as employees are subject
to the close supervision by people. Effective mechanisms and measures shall be
applied to prevent undemocratic, free and casual acts, red tape, corruption,
harassing or causing troubles for people.
- The administrative reform policies and
solutions must be closely linked with economic reform, with the requirements of
national development in the process of industrialization, modernization and
international economic integration, formulating and perfecting constituents of
the socialist-oriented market economy, maintaining order and discipline in
economic activities, boosting economic growth and improving the people’s life.
- The administrative reform constitutes a big
and complicated task, requiring the overall view and synchronous solutions,
closely combining administrative reform with the renovation of legislative
activities and judicial reform.
- The administrative reform must be steadily
carried out step by step, with central and focal points and the selection of
key issues to settle in each specific period.
III. CONTENTS OF THE OVERALL
PROGRAM ON THE STATE ADMINISTRATIVE REFORM IN THE 2001-2010 PERIOD
1. The institutional reform
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In the next five years, importance shall be
attached to a number of following key institutions:
- The institution on capital and monetary
market, stock market, real estate market, science and technology market, labor
market and service market.
- The institution on organization and operation
of the administrative system, first of all the organization and operation of
the Government, the ministries, the ministerial-level agencies, the agencies
attached to the Government and the People’s Committees at all levels.
- The institution on the relationship between
the State and the people, such as: the gathering of people’s opinions before
deciding on important undertakings and policies, holding of referenda, handling
of illegal acts of State bodies, officials and/or employees in the performance
of official duties; the competence and responsibility of administrative
agencies and courts in the settlement of people’s complaints and lawsuits.
- The institution on competence to perform the
State management over enterprises in general and State enterprises in
particular; clearly defining the owners rights, the State administrative
management right and the enterprises right to business autonomy.
1.2. To renovate the process of elaborating and
promulgating legal documents
- To revise and systematize legal documents
according to each field, getting rid of law provisions which are no longer
valid or overlapping, repeated. To bring into full play the efficacy of the
national database on legal documents.
- To raise the capacity of the State
administrative agencies at the central and local levels in elaborating and
promulgating legal documents. To overcome the situation where laws and ordinances
have to wait for decrees and circulars to guide the implementation thereof.
- In order to raise the quality of, and avoid
the state of being not objective and departmentalist in, the elaboration of
legal documents, it is necessary to study the renovation of the mode and
process of law making from the beginning to the end. The Government shall
consider and decide or adopt it for submission to the National Assembly.
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- The legal documents must be published in Cong
bao (Official gazette) or placards, published on the mass media immediately
after their promulgation so that citizens and organizations have the
opportunity to study and implement them.
1.3. To ensure the organization of strict
enforcement of legislation by State bodies, officials and employees
- To provide public officials and employees with
adequate information on the State�s
policies and laws for application and performance of their works according to
their responsibilities and competence.
- To effect the Regulation on democracy at the
grassroots level, the regime of public information on the State’s and local
administrations’ undertakings and policies to people; the regime of periodical
meeting and talking with enterprises and people by key leading officials of
centrally- run branches and localities in order to clear questions raised by
the former.
- To bring into full play the effect of the
institutions of inspection, control and jurisdiction in order to ensure the
effectiveness of the State management and maintain social disciplines. To
clearly define the responsibilities of inspecting bodies and the administrative
court in settling complaints and lawsuits of people against State agencies,
officials and/or employees.
- To expand the provision of legal consultancy
for people, poor people, beneficiaries of social policies and ethnic minority
people in deep-lying and remote areas. To create conditions for lawyers to
efficiently carry out the consulting activities according to law.
1.4. To continue reforming the administrative
procedures
- To continue reforming the administrative
procedures in order to ensure the legality, effectiveness, transparency and
fairness in the settlement of administrative affairs. To get rid of superfluous
and overlapping procedures, which can be easily taken advantage of to commit
corruption and to trouble people. To expand the reform of administrative
procedures in all domains, promptly cancel unnecessary regulations on
licensing, inspection, examination, control, quarantine and/or expertise.
To set unified forms of assorted papers to be
filled in by citizens or enterprises when they request the settlement of
matters relating to production, business and daily life, for application
nationwide.
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- To expand the implementation of
"one-door" mechanism in setting affairs of individuals and
organizations at the State administrative agencies at all levels. The
administrative agencies at all levels which have the responsibility to settle
affairs of individuals and organizations must publicly and fully post up all
procedures, orders, fee rates, working time tables at their working offices.
- To specifically and clearly define the
personal responsibility in the performance of official duties. The
determination of powers and responsibilities of public officials and employees
in the performance of official duties must go in couple with the assessment,
commendation and discipline of public officials and/or employees.
2. Organizational reform of
the administrative apparatus
2.1. To readjust the functions and tasks of the
Government, ministries, ministerial-level agencies, agencies attached to the
Government and the local administrations at all levels to suit the requirements
of the State management in the new situation
- The Government, the ministries and the ministerial-level
agencies shall concentrate their efforts on performing the function of
elaborating and promulgating regulation, plans, policies on macro-management
for the cause of socio-economic development, direct and inspect the
implementation thereof.
- To clearly define the competence and
responsibilities of the Government, the Prime Minister, the ministers, the
heads of the ministerial-level agencies, the heads of the agencies attached to
the Government; the responsibilities of collectives as well as individuals in
the administrative agencies of all levels.
- To clearly define the competence and
responsibility of the local administrations of all levels to suit the
requirement of renovating the division of administrative management
responsibility between the central Government and localities, linking such with
the development steps of economic reform.
2.2. To step by step adjust works undertaken by
the Government, ministries, ministerial-level agencies, agencies attached to
the Government and/or local administrations in order to overcome the
overlapping and repetition in their functions and tasks. To transfer to social
organizations, non-governmental organizations of enterprises the service works
which must not necessarily by performed directly by State administrative
agencies.
2.3. By 2005, to basically promulgate and apply
new regulations on the division of responsibility between the central
Government and the localities, between the local administrations at all levels,
enhancing the competence and responsibility of the local administrations,
enhancing the administrations contacts with and responsibility before the local
population. To combine the division of works with the division of finance,
organization and personnel. To clearly define types of work the localities have
full power to decide on, types of work the localities must obtain opinions of
the central Government before making decisions thereon, and works to be
performed under the decisions of the central Government.
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- To build the Government’s organizational
structure comprising the ministries and the ministerial-level agencies, which
perform the State management function. On the basis of determining and
adjusting the functions of the Government, the ministries, the
ministerial-level agencies to suit the requirements of the State management
over political affairs, economy, culture, social affairs, defense, security and
external affairs and over the relations between the ministries, ministerial-level
agencies, to determine the number and structure of the ministries and
ministerial-level agencies, making the Government’s apparatus neat and less
cumbersome with clear responsibilities, scientific working style, effective and
efficient operation. To adjust the organization of State management bodies to
suit the structure of the Government. To rename a number of ministries,
ministerial-level agencies to suit the contents and scope of their respective
State management responsibilities.
- To considerably reduce the numbers of agencies
attached to the Government and organizations attached to the Prime Minister.
Only to maintain a small number of specialized and professional agencies
attached to the Government in service of the Government’s work of macro- management.
- To clearly define the nature and mode of
operation of consulting organizations set up by the Prime Minister. These
organizations shall be set up only when the Government needs to focus its
direction on important tasks relating to many branches, many fields. These
organizations do not have specialized apparatus and separate payrolls, the
standing bodies shall be placed at the most involved ministries or
ministerial-level agencies.
- On the basis of correctly defining the State
management function and management scope of each ministry, each
ministerial-level agency, to separate the ministries’ function of State
management over the whole branches, domains throughout the country from their
direction and administration of non-business public-service organizations under
the ministries or ministerial-level agencies.
2.5. To adjust the organizational structure of
the apparatuses inside the ministries, the ministerial-level agencies and the
agencies attached to the Government
- To separate the ministries’ and
ministerial-level agencies’ function of State management over branches and
domains nationwide from their function of administration of public-service
organizations under the ministries and ministerial-level agencies; thereby to
separate the administrative organizations from the public-service organizations
for operating under separate, proper and efficient mechanisms.
- To restructure the apparatuses inside the
ministries, the ministerial-level agencies and the agencies attached to the Government,
making them crack, neat and rational correspondingly to their State management
functions and tasks; to clearly define the nature and forms of attached
organizations for law consultancy and enforcement.
2.6. To organizationally reform the local administration
apparatus
- To prescribe specific criteria for each type
of administrative units in our country so as to achieve their stable operation,
putting an end to the state of repeated division, separation as in the recent
past.
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- To rearrange and reorganize specialized bodies
of the People’s Committees of all levels along the direction of clear
responsibility, definite assignment, neat and simple apparatus, higher
professionalism, quick settlement of affairs of individuals and organizations.
2.7. To renovate the managerial mode and working
style of the administrative agencies at all levels
- To clearly define the working principles and
regulations on coordination in operating the administrative apparatus. To clearly
define the duties, competence and responsibilities of the heads of agencies and
units for the results of operation of the apparatuses they take charge of.
- To get rid of ceremonial, inefficient and
impractical activities, to reduce meetings, to reduce administrative papers. To
enhance the responsibility and capability of the administrative agencies in
settling affairs of individuals and organizations.
2.8. To step by step modernize the
administration
- To deploy the application of information
technology to the directing and administering activities of the State
administrative system; the application of advanced and modern management
instruments and methods in the State administrative agencies.
- To increase investment so that by 2010, the
administrative agencies shall be furnished with relatively modern equipment,
the commune-level administrative agencies have their working offices and
facilities to ensure the tasks of management, and the Government’s wide-area
information network shall be established at the communal level.
3. To renovate and improve the
quality of the contingent of public officials and employees
3.1. To renovate the management of public
officials and employees
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- To conduct the general survey and assessment
of the contingent of public officials and employees, aiming to accurately
determine the quantity and quality of the entire contingent of public officials
and employees, thereby to draw up plannings and plans on training, fostering
and management of the contingent of public officials and employees. To build up
a system of database on public officials and employees so as to step by step
switch to the management of public officials and employees through information
systems in the State administrative agencies at the central and local levels;
- To amend, supplement the systems of ranks and
grades, the current regulations on professional standards, titles of officials
and employees. To finalize the system of title standards suitable to Vietnamese
realities and to the professional requirements of each subject, for use as
basis for the assessment of the capabilities of public officials and employees;
- To determine the rational structure of public
officials and employees in association with the functions and tasks of the
State administrative agencies at the central and local levels, which shall
serve as basis for the determination of the payroll and the building and
development of the contingent of public officials and employees. To renovate
the method of payroll determination, which shall serve as basis for deciding
the quantity and quality of the works of each administrative agency;
- To finalize the regime of official and
employee recruitment, implement the new regulations on assessment, commendation
and discipline of public officials and employees in order to raise the quality
of official duty activities. The recruitment mechanism must ensure democracy,
transparency and accurate selection of fully qualified persons into the State
apparatus, paying attention to ensuring appropriate percentages of female
officials and employees in various branches and domains;
- To draw up unified regulations on streamlining
the payrolls of administrative agencies, public-service units at the central
and local levels in order to regularly relieve from the apparatus unqualified
and incapable officials and employees as well as persons who break laws and
breach the regulations on professional ethics and create conditions to
renovate, rejuvenate and raise the capabilities of, the contingent of public
officials and employees;
- To renovate and raise the capabilities of
agencies and officials that perform the task of managing public officials,
employees and duties in accordance with the requirements and tasks of the
period of industrialization and modernization;
- To redress the assignment of responsibility
for management of public officials and employees. To expand the local administrations’
powers and responsibilities for management of public officials and employees.
The decentralization of personnel management must go together with the
decentralization of tasks and decentralization of finance.
3.2. To reform the regimes of wage, entitlements
and preferential treatment
To reform wages and salaries according to the
viewpoint that wages and salaries are considered a form of direct investment in
human being, investment in socio-economic development, thus contributing to
raising the quality of public officials and employees as well as official duty
activities. Following are the principal works:
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- By 2005 at the latest, to basically complete
the reform of wage regime for public officials and employees; to fully
monetarize wages and salaries, adjust wages and salaries correspondingly to the
society’s income growth rate;
- To amend and supplement regulations on the
regime of allowances outside wage and salary according to the public employees’
ranks, grades, professional grades for public officials and employees working
under difficult, dangerous and hazardous conditions;
- To promulgate and implement the regime of
bonus for public officials and employees who splendidly fulfill their tasks as
well as the regime on other preferential treatment outside wage and salary for
public officials and employees.
3.3. To train and foster public officials and
employees
- To reevaluate the work of training and
fostering public officials and employees; to elaborate and realize plans on
training and fostering of officials and employees in the State administrative
apparatus according to each type: officials and employees performing the
advisory tasks of policy making; officials and employees of administrative and
public-service ranks and officials of grassroots administrations.
- To continue renovating the contents of
training and fostering programs and modes, attaching importance to raising the administrative
knowledge and skills for the contingent of officials and employees according
their current responsibilities and tasks. For each type of officials and
employees, there shall be appropriate training and fostering programs and
contents.
To combine regular training with various forms
of non-regular training, domestic training and overseas training. To encourage
public officials and employees to conduct self- study with the State’s
assistance.
- To reorganize the system of official and
employee-training and fostering establishments; to adjust the responsibility
assignment among such training establishments. To create conditions for the
National Political Institute, the provincial/municipal official-training
schools to take initiative in training out personnel in service of the State
administrative apparatus at the central and local levels.
3.4. To raise the sense of responsibility and
morality of public officials and employees
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- To promulgate and strictly observe the
Regulation on Official Duties, in combination with the implementation of the
Regulation on Democracy in the State administrative agencies, resolutely
implementing the principle on publicizing the official duty activities,
particularly in affairs directly related to citizens, in financial and
budgetary domains; to maintain the disciplines of the apparatus, to raise the
officials’ and employees’ sense of responsibility, organization and discipline.
- To step up the struggle against red tape,
corruption in the State apparatus. To observe the regime of auditing and
regimes of protecting public property and State budget.
4. To reform the public finance
4.1. To renovate the mechanism of financial and
budgetary management decentralization, ensuring the uniformity of the national
financial system and the leading role of the central budget; at the same time
to promote the initiative, dynamics, creativeness and responsibility of the
localities and branches in the financial and budgetary administration.
4.2. To ensure the right of the People’s
Councils of all levels to decide on the local budgets, create conditions for
the local administrations to take initiative in running the local affairs; the
right of the ministries, provincial/municipal Services, Committees, branches to
decide on budget allocations to their attached units; the right of units to
take initiative in using the budget within the approved estimates in accordance
with regimes and policies.
4.3. On the basis of clear distinction between
the administrative civil right agencies and the non-business public-service
organizations, to renovate in two years, 2001 and 2002, the mechanism of budget
allocations to administrative agencies, abolishing the regime of allocating
funding according to payrolls, which shall be replaced by way of calculating
funding based on the results and quality of operation, directing toward the
inspection of the output and spending quality according to the objectives of
the administrative agencies, to further simplify the system of spending norms,
increasing the initiative rights of budget-using agencies.
4.4. To basically renovate the financial
mechanism for the public-service sector
- To build up correct viewpoints on the public
services. The State shall have to care for the people’s material and cultural
life; but this does not mean that all public-service activities must be
undertaken directly by State agencies. To clearly determine in each domain the
works to be invested and performed directly by the State, and the works to be
transferred to social organizations for performance.
The State shall adopt policies and mechanisms,
creating conditions for enterprises, social organizations and people to
directly provide services serving production and life under the guidance,
support, inspection and control by State administrative agencies.
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4.5. To experiment for mass application a number
of new financial mechanisms, such as:
- Leasing public-service units, leasing land for
construction of schools, hospitals; the regimes of social insurance, health
insurance for public officials and employees transferred from public units to
people-founded establishments;
- Mechanism of encouraging domestic and foreign
investors to invest in the development of job-training, university and
post-graduate training establishments, medical treatment establishments of high
quality in cities, industrial parks; to encourage joint venture and foreign
direct investment in these fields;
- To apply the mechanism of package-contracting
a number of public services such as urban sanitation, water supply and
drainage, park green trees, water in service of agriculture’;
- To apply the mechanism of contracting a number
of public services in administrative agencies.
4.6. To renovate the work of auditing of the
administrative agencies, public-service units, aiming to raise the
responsibility for and efficiency of the use of State budget fundings; to get
rid of the state of inspection, examination and auditing of administrative
agencies and public-service units by many bodies. To exercise democracy,
publicity and transparency on public finance, making public all financial
norms.
IV. IMPLEMENTATION
ORGANIZATION
1. Major solutions
1.1. To enhance the work of direction and
administration
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1.2. To carry out the administrative reform
synchronously with the renovation of the political system
The overall program on the State administrative
reform in the 2001-2010 period must be carried out synchronously with the
renovation of the political system. The Party leads the entire operations of
the State, in which the executive apparatus is an important instrument for
materialization of the Party’s lines and policies. The renovation of the
organization and operation of the Party, first of all the renovation of the
contents and mode of the Party’s leadership which is of extremely important
significance for the administrative reform. The direction of the administrative
reform must be closely linked with the direction of the renovation of the
legislative activities and judicial reform.
1.3. To carry out the administrative reform
synchronously from the central to local levels
To carry out the administrative reform
synchronously in all branches and at all levels, focussing first of all on the
ministries and centrally-run branches, thereby to create prerequisites to
encourage and promote the administrative reform of the local administrations.
It is necessary to overcome the passiveness and inertia of the ministries and
centrally-run branches in amending institutions which are no longer
appropriate, in the division of responsibility for the local administrations.
To clearly define the responsibilities of the
heads of the State administrative agencies in organizing the performance of the
tasks of administrative reform in the areas under their respective management. The
Government, the Prime Minister, the ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People’s Committees of all levels must devote
efforts to directing and organizing the organization of performance of the set
tasks on administrative reform, considering them the central and permanent
tasks in all activities of direction and administration of the State
administrative agencies at all levels.
1.4. To adequately arrange financial sources and
personnel
In order to materialize the overall program on
the State administrative reform for the 2001-2010 period, it is necessary to
mobilize and arrange enough capable personnel for the preparation and
performance of the set tasks. To raise the research and directing capabilities
of the responsible bodies to assist the Government and the People’s Committees
at all levels in performing the tasks of administrative reform.
To arrange necessary financial resources from
the State budget to the elaboration and realization of already set concrete
programs of action.
1.5. To enhance the information and propagation
work
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2. Different stages of
realization of the overall program on the State administrative reform in the
2001-2010 period
The 10-year overall program is divided into two
stages:
- Stage 1 (2001-2005): The central tasks
include:
+ To clearly define the functions, tasks,
competence and responsibilities of the administrative agencies from the
Government, the ministries, the ministerial-level agencies, the agencies
attached to the Government to the People’s Committees at all levels;
+ To basically complete the decentralization of
State management functions and competence between the central and local
governments; among the local administrations of all levels;
+ To renovate the mechanism of operation and
public finance management for administrative agencies and public-service units;
+ To basically complete the reform of wage
regime for public officials and employees in the spirit of the Resolution of
the IXth Party Congress.
Major solutions in two years of 2001 and 2002:
+ To continue perfecting the institution on
organization of the State apparatus through the amendment of the 1992
Constitution and laws on organization of the State apparatus;
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+ To adopt policies for satisfactory settlement
of redundant people;
+ By the end of 2002, to complete preparing the
project on basic reform of wages and salaries of public officials and employees
for implementation in 2003;
+ To work out and apply new mechanisms on
organization and operation of universities, hospitals, scientific research
institutes;
+ To submit to the National Assembly, XIth
legislature, in 2002 for ratification, the Government’s organizational
structure which has been renovated in the spirit of the administrative reform.
- Stage 2 (2006-2010): On the basis of the
results obtained in Stage 1, to continue adjusting, perfecting the Government’s
apparatus and the entire State administrative management system and making them
suit the requirements of socio-economic development, thus achieving the general
objectives of the overall program on the State administrative reform for the
2001-2010 period.
3. Programs of action for
realization of the overall program
The overall program on the State administrative
reform in the 2001-2010 period shall be realized through the following specific
programs of action:
3.1. The program on renovation of the work of
elaboration and promulgation and raising the quality of legal documents
- Principal contents:
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+ Mobilizing the participation of specialists,
people and key sections related to the provisions stated in the legal documents
in the process of elaborating and approving legal documents;
+ Amending, supplementing the 1996 Law on the
Promulgation of Legal Documents and relevant decrees; elaborating and
promulgating the Law on the Promulgation of Legal Documents by the Local
Administration;
+ Raising the capabilities of agencies and
organizations in the elaboration and promulgation of legal documents.
- Implementation duration: 2001-2010, divided
into two stages: 2001-2005 and 2006-2010.
- Sponsoring agencies: The Ministry of Justice
and the Government’s Office.
3.2. The research program on determination of the
roles, functions and organizational structures of agencies within the State
administrative system
- The principal contents:
+ Defining the roles and functions of the
Government, the ministries, the ministerial-level agencies along the direction
of concentrating efforts on effecting the State macro management over the
entire society;
+ Revising the functions and tasks of the
ministries and centrally-run branches in order to overcome the state of
overlapping and repetition; gradually ridding of unnecessary works undertaken
by State bodies;
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+ Streamlining the payrolls of agencies attached
to the Government which have the function of State management;
+ Determining the rational, neat and light
structure of the organizations inside the ministries, the ministerial-level
agencies and agencies attached to the Government;
+ Defining the roles and functions of the local
administrations of all levels, clearly distinguishing the nature and mode of
management of the urban administration from those of the rural administration;
+ Studying and effecting the responsibility
division between the central and local levels in all branches and all domains;
+ Determining the proper organizational
structures of the administrations of all levels.
- Implementation duration: 2001-2010, divided
into two stages: 2001-2005 and 2006-2010.
- The sponsoring bodies: The Government’s
Commission for Organization and Personnel and the Government’s Office.
3.3. The program on payroll streamline
This program shall continue to be realized in
the 2001-2002 period, based on the Government’s Resolution No.16/2000/NQ-CP of
October 18, 2000 on payroll streamline of administrative agencies and
public-service units.
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3.4. The program on building, and raising the
quality of, the contingent of public officials and employees:
- Principal contents:
+ Revaluating, amending the classification,
promulgating the criteria of, public officials and employees;
+ Effecting the decentralization of personnel
management;
+ Renovating the mode of training, fostering
public officials and employees;
+ Determining the appropriate contents and
programs of training and fostering public officials and employees, focussing on
the administrative officials and local administration officials;
+ Elaborating and organizing the implementation of,
plans for training and fostering public officials and employees, including the
general plans of the Government, the plans of ministries, branches and local
administrations;
+ Reorganizing the system of training and
fostering of public officials and employees on the basis of rational
responsibility assignment and division;
+ Working out instruments for management of
human resources with the support of information technology.
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- Sponsoring bodies: the Government’s Commission
for Organization and Personnel and the National Administration Institute.
3.5. The program on wage reform
- The principal contents:
+ Raising the minimum wage level;
+ Reforming the system of wage scales and tables
to suit the subjects being the administrative and public-service officials and
employees;
+ Rationalizing ranks, grades;
+ Applying regimes of incentives outside wages
and salaries;
+ The regime of awarding public officials and
employees who splendidly fulfill their tasks.
- Implementation duration: 2001-2005.
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3.6. The program on renovating the financial
management mechanism for administrative agencies and public-service units
- Principal contents:
+ Establishing new criteria on budget
elaboration and allocation to the administrative agencies according to their
output results and operation quality, the level of fulfillment of their assigned
tasks;
+ Applying the regime of package spending
assignment to administrative agencies;
+ Working out a proper financial mechanism for
organizations which perform the public-service function and non-business units
in order to ensure the relative independence and autonomy of these
organizations in their activities, gradually reducing expenditures from the
State budget and proceeding to the regime of financial self-governance.
- The implementation duration: 2001-2005.
- The sponsoring body: The Finance Ministry.
3.7. The program on modernization of the
administration
- Principal contents:
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+ Modernizing public offices, ensuring
relatively modern equipment, facilities and working conditions for the
administrative agencies;
+ Applying information technology to operations
of the administrative agencies and public-service units;
+ Continuing to upgrade and expand the broad
information network of the Government to the four levels of administration;
+ The commune-level administration shall have
working offices and facilities, which satisfy the requirements of the
management tasks.
- Implementation duration: 2001-2010, divided
into two stages: 2001-2005 and 2006-2010.
- The sponsoring body: The Government’s Office.
4. The responsibilities to
organize the realization of the overall program on the State administrative
reform in the 2001-2010 period
4.1. The Prime Minister shall provide the
general direction of the implementation of the overall program on the State
administrative reform in the 2001-2010 period.
4.2. The Steering Committee for Administrative
Reform of the Government shall assist the Prime Minister in directing and
guiding the implementation of the overall program on the State administrative
reform in the 2001-2010 period.
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4.4. The Government’s Commission for
Organization and Personnel shall assume the prime responsibility and coordinate
with the Ministry of Planning and Investment, the Finance Ministry and the
Government’s Office in working out plans for mobilization of resources at home
and abroad according to the requirements of realization of the overall program
on the State administrative reform in the 2001-2010 period.
4.5. The ministries, the centrally-run branches and
the People’s Committees of the provinces and centrally-run cities shall base
themselves on this overall program and the direction as well as guidance of the
Steering Committee for Administrative Reform of the Government to draw up, and
organize the implementation of, their five-year and annual plans on
administrative reform and annually report thereon to the Prime Minister and the
Steering Committee for Administrative Reform of the Government.
The Government’s Commission for Organization and
Personnel and the Government’s Office shall have to monitor the implementation
tempo and periodically report on the implementation situation and results to
the Government and the Prime Minister.