Laws of Vietnam

THE PRIME MINISTER

DECIDES:

Article 1.- To promulgate together with this Decision the Government’s 2001 program for administrative reform.

Article 2.- This Decision takes effect from the date of its signing.

Article 3.- 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 the provinces and centrally-run cities shall have to implement this Decision.

The Steering Committee for Administrative Reform of the Government shall assist the Prime Minister in directing and inspecting the implementation of this program.

Prime Minister
PHAN VAN KHAI

2001 is the year when the IX^th national congress of the Party shall be held. The congress shall make important decisions on the reform of the State apparatus in general and the State administrative apparatus in particular. The National Assembly shall adopt the amendments to the 1992 Constitution, the Law on Organization of the Government and the Law on Organization of local administrations. Therefore, the entire administrative system must quickly and actively prepare and efficiently contribute to the amendment of the Constitution and the Laws on organization of the State, organize the implementation of the Party’s and the State’s important decisions on administrative reform. Apart from continuing to effectively settle complaints and denunciations, to fight corruption, step up the implementation of the grassroots democracy regulation, efforts should be concentrated on the major and urgent tasks of administrative reform in 2001, overcoming by all means the shortcomings and mishaps in the work of direction and administration in 2000, which have been pointed out and reviewed by the Government, the ministries, the central branches and the provincial/municipal People’s Committees:

1. Continuing to step up the work of building up institutions, first of all economic institutions, create more favorable and more complete legal environment for business activities, bring into full play all resources while enhancing the State management effectiveness, maintain order and disciplines in socio-economic activities.

2. The Government and the Prime Minister decide to adjust the functions, tasks and competence of the ministries and central branches, based on the results of the revision in 2000 within the framework of the Constitution and current laws, overcoming the overlappings, unclear and inappropriate provisions already detected. The Prime Minister and his deputies shall focus their direction in order to well fulfill this task in the first 6 months of 2001; combine this with the amendment of provisions in the Constitution and the Law on Organization of the Government; to fully observe the Prime Minister’s assignment, delegation and authorization regarding the State administrative management functions for each tasks in 11 domains already defined in Notice No. 71/TB-VPCP of June 6, 2000 of the Government’s Office.

Each ministry, each central branch shall, within the scope of its competence, reorganize its apparatus and streamline its payroll under the Government’s Resolution No. 16/2000/NQ-CP of October 18, 2000 and the plan for the implementation of Decision No.207/1999/QD-TTg of October 25, 1999, which was already approved by the Prime Minister.

The People’s Committees of the provinces and centrally-run cities shall adjust the organization of their attached Services, Sections and Departments once the Government’s Decree on professional agencies under the provincial and district People’s Committees is promulgated, and within the scope of their competence decide to remedy and overcome the overlapping in the functions and tasks of their attached agencies and organizations.

3. The Government, the ministries, the agencies attached to the Government shall take initiative in participating actively in the amendment of the 1992 Constitution, the Law on Organization of the Government and the Law on Organization of Local administration according to the Resolution of the 8^th session of the X^th National Assembly. Attention should be paid to the following general matters:

- The Constitution and laws on organization of the State should clearly demonstrate the change and conversion of the State’s function from the management under the centralized mechanism with State-subsidy to the new management mechanism in the socialist-oriented market economy (the 1992 Constitution is the initial step). The State management function is demonstrated in the legislative, executive and judiciary powers; these powers are clearly defined without any confusion and are closely inter-related according to clearly defined principles and institutions.

- The Constitution and laws must reflect new thinking and new viewpoints on responsibility division and power delegation in management, clearly defining the function, competence and responsibility of each administrative level, each State agency in its relations with people, with enterprises and within the administrative management system. Only so can resources and new driving forces be created from the socio-economic management subjects being the State apparatus at each level; from the State administrative management bodies as well as public-service organizations at the central, local and grassroots levels.

- The Constitution and laws to be amended this time must one step further promote the socialist democracy and the people’s mastery in national construction, particularly perfecting the regime of representative democracy and broadening the direct democracy forms suited to the requirements and conditions of each level from the central government to communes and wards.

- The task of reforming the State apparatus in a synchronous and basic manner shall be clearly acknowledged in the Constitution and the Laws on organization of the State in order to ensure the legal requirements of the reform process.

- Appropriate mechanism between the election and appointment of the presidents of the People’s Committees of the provincial and district levels must be worked out so as to well carry out the rotation of cadres.

4. Promulgating new Decrees to change the current mechanism of allocating administrative fund according to the number of organizations and payroll.

- To preliminarily review and draw experiences from the experimental contracting of payroll and administrative expenses for wider application in administrative agencies.

- To work out appropriate mechanism for various forms of public-service units: Universities, research institutes, hospitals, with a view to promoting the initiative of units, clearly defining the State management role for units, thus positively contributing to realizing step by step the socialization.

5. Following the inflation subsidies in two years, 2000 and 2001, working out plans for the reform of the State salary policy, based on the viewpoint of doi moi (renewal) already determined in the Resolution of the 7th plenum of the Party Central Committee (VIII Congress) according to Decision No. 154/2000/QD-TTg of December 31, 2000 of the Prime Minister; preparing necessary conditions and concrete plans for implementation in the period following 2001.

6. Applying active and practical measures to enhance the administrative disciplines at all levels; first of all clearly defining the tasks, competence and personal responsibility of each administrative management cadre, each public employee, on the basis of promoting the sense of responsibility, capability fostering and work inspection; handling strictly and in time those who fail to fulfill their responsibility and breach laws.

Amending the programs on training and fostering of administrative employees and officials of local administrations. Adjusting and supplementing the curricula at the State Administrative Institute and local political schools, raising the skills of administrative management practices.

Effecting the appointment of cadres for a definite time in the administrative system.

7. Continuing improving the working style of the Government, the Prime Minister, the ministries, central branches and the People’s Committees of all localities. To resolutely get rid of formalities which consume a lot of time and efforts but yield impractical results, reduce meetings and cut the paper work. To promote the employment of information technology in the work of direction and administration so as to raise the quality and efficiency of the State management by the Government, the ministries and local administrative agencies.

8. In 2001, completing the elaboration of the administrative reform strategy for the 2001-2010 stage in association with the implementation of the ten-year (2001-2010) socio-economic development strategy and in conformity with the 1992 Constitution (amended), submit it to the Government for consideration and decision.

Administrative reform is a difficult work but an urgent task, being the core of the perfection of the Vietnamese State at present and in the years to come. In order to make the administrative reform a real success, many issues regarding ideology, organization and policies should be synchronously solved with high determination. Therefore, what is of decisive significance is that the Prime Minister, the deputy Prime Ministers, cabinet members, 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 personally and closely, resolutely direct the fruitful implementation of the above-mentioned major tasks regarding the administrative reform in 2001.

Prime Minister
PHAN VAN KHAI