Laws of Vietnam

THE GOVERNMENT

RESOLVES:

Article 1.- To promulgate together with this Resolution the Government's program of action for implementation of the Resolution of the fifth plenum of the Party Central Committee, Xth Congress, on accelerating administrative reform and raising management effectiveness and efficiency of the state apparatus.

Article 2.- This Resolution takes effect 15 days after its publication in "CONG BAO."

Article 3.- Ministers, heads of ministerial-level agencies, heads of government attached agencies and presidents of People's Committees of provinces and centrally run cities shall implement this Resolution.

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG

To identify major tasks of state administrative agencies at the central and local levels in implementing the Resolution of the Party Central Committee so as to further build and improve a socialist state ruled by law; build a democratic, clean, strong and incrementally modernized administration; a contingent of qualified and capable cadres and civil servants; a system of state agencies operating effectively and efficiently, meeting the requirement of fast and sustainable national development.

Based on their state management functions, tasks and powers in the assigned domains, in the coming time, ministries, ministerial-level agencies, government-attached agencies and People's Committees of provinces and centrally run cities shall concentrate on directing the performance of the following major tasks:

1. To enhance the Party's leadership of administrative reform

Functional agencies shall advise the Party Committees of the same level in order to promulgate resolutions and directives on specific undertakings, measures, programs and plans for acceleration of administrative reform, especially reform of administrative procedures, enhancement of inspection, and heightening of responsibilities of heads of state administrative agencies before the Party Committees in administrative reform.

2. To carry out administrative reform and legislative and judicial reforms in a coordinated manner

To improve the mechanism of coordination between the National Assembly Standing Committee, the Nationalities Council, other Committees of the National Assembly, and the Government.

3. To further build and perfect the institutional system

a/ To concentrate on directing the acceleration of the building and perfection of the institutional system, particularly institutions of the socialist-oriented market economy and institutions of a socialist state ruled by law, organizational structures, public employees, public duty, decentralization and public finance.

b/ To elaborate long-term and short-term legislative programs. To identify necessary legal documents to meet requirements of the socialist-oriented market economy and international economic integration; every domain or branch does not necessarily have its own law.

c/ To continue renovating and improving the law-making process, raising the quality of legal normative documents, identifying guiding viewpoints for every legal document to be promulgated. To promulgate documents providing sufficient and explicit guidance in a timely manner according to regulations.

d/ To perfect the mechanism for people to contribute opinions in the law-making process, especially for those governed by to be-promulgated legal documents.

4. To further speed up the reform of administrative procedures - a breakthrough in administrative reform

a/ To concentrate on directing the review and vigorous renovation of administrative procedures to create the most favorable environment for enterprises' production and business and satisfy the people's legitimate demands, especially in the key areas such as establishment, dissolution and bankruptcy of enterprises; business registration and investment certification; investment in the construction of works, projects and dwelling houses; land use rights and property ownership rights; import and export; tax payment; civil status and household registration, people's identity card, passport and visa; notary and authentication; inspection and supervision of enterprises, etc.

b/ Administrations at all levels and every state administrative agency shall review administrative procedures, cancel, modify or propose competent authorities to consider the cancellation or modification of those procedures which no longer satisfy the requirements of administrative reform. To strictly handle individuals and organizations that arbitrarily set regulations in contravention of law, ultra vires, or causing difficulties or troubles to people.

c/ To heighten responsibilities of heads of state administrative agencies in administrative reform.

d/ To publicize administrative formalities (papers, forms) and procedures for settling affairs, settlement time, charges and fees under regulations for organizations and citizens to know and follow conveniently.

e/ To further promote the effective implementation of the one-stop shop mechanism and the inter-agency one-stop shop mechanism at state administrative agencies and expand their application to public non-business service units such as hospitals and schools.

f/ The Government and the Prime Minister shall expeditiously review their regulations and take responsibility for identifying shortcomings in administrative procedures provided for in laws or ordinances, and submit them to the National Assembly, the National Assembly Standing Committee for consideration and amendment.

g/ To draft a law on administrative procedures.

5. To clearly define functions and tasks of the Government and state administrative agencies

a/ To continue improving functions, tasks and powers of the Government, ministries, ministerial-level agencies and government-attached agencies;

b/ To organize multi-line management ministries, ensuring their streamlined structure; to scrutinize and rationally reorganize major units within ministries, ministerial-level agencies and government-attached agencies;

c/ To elaborate the Government's work regulation; to clearly define tasks of the Government, the Prime Minister, deputy prime ministers and each cabinet member, ensuring full embracement of all functions, tasks and powers of the Government;

d/ To elaborate work regulations of ministries, ministerial-level agencies, government-attached agencies and People's Committees of provinces and centrally run cities;

e/ To decentralize more strongly and appropriately tasks of the Government, ministries and branches to local authorities;

f/ To formulate a mechanism of authorization in state management;

g/ To study and improve the process of issuing administrative decisions of state administrative agencies;

h/ To accelerate the restructuring and renewal of state enterprises, including corporations and economic groups, focusing on equitization, in order to narrow down and proceed to eliminate the function of ministries and provincial/municipal People's Committees as ownership representatives of state enterprises.

i/ To vigorously step up the reform of non-business public service units;

j/ To work out and implement a master plan on administrative units at all levels;

k/ To consolidate the unified system of specialized agencies at all administration levels;

l/ To pilot the non-establishment of People's Councils at district and ward levels;

m/ To pilot the people's direct election of presidents of commune-level People's Committees;

n/ To clearly define powers and responsibilities of People's Committees and People's Committee presidents;

o/ To specify commune official titles in the direction of ensuring the stability and professional specialization of these titles on the basis of functions and tasks of the commune-level administration;

p/ To study the establishment of administrative tribunals.

6. To continue the reform of public duty and civil servant regimes

a/ To draft a law on public duty;

b/ To perfect cadre and civil servant criteria and titles;

c/ To organize the structure of cadres and civil servants;

d/ To renew the recruitment and management of cadres and civil servants;

e/ To improve the Regulation on assessment and classification of cadres and civil servants;

f/ To organize recruitment examinations for a number of leading positions in charge of professional and specialized affairs in the state administrative apparatus and non-business units;

g/ To conduct salary reform and implement preferential treatment regimes and policies toward cadres and civil servants;

h/ To formulate a public duty-allowance regime for administrative cadres and civil servants, including those in Party and mass organizations within the political system.

i/ To study and formulate appropriate policies and regulations on public duty houses for cadres and civil servants;

j/ To study policies on the building and use of public duty houses in the political system;

k/ To renew the training and retraining of cadres and civil servants; to apply the mechanism of pre-service training and annual obligatory in-service training and retraining; to organize pre-appointment training and retraining.

l/ To enhance administrative discipline and order; to formulate and apply the regime of public duty inspection and supervision at all levels, even with regard to responsibilities of heads of agencies and units.

7. Public financial reform

a/ To pilot the mechanism of budget allocation based on performance results of state administrative agencies and non-business public service units;

b/ To accelerate the reform of non-business public service units in the direction of increasing their autonomy and accountability for all their activities instead of providing them with regular budget support, and concentrate state budget funds on the development of key and priority domains according to projects and programs already approved by competent authorities;

c/ To implement the Government's Decree No. 130/2005/ND-CP of October 17, 2005, on autonomy in and accountability for the use of administrative payrolls and management funds of state agencies; Decree No. 43/2006/ND-CP of April 25, 2006, defining the autonomy in and accountability for task performance, organizational apparatus, payroll and finance of non-business public units; and Decree No. 115/2005/ND-CP of September 5, 2005, providing for the mechanism of autonomy and accountability of public science and technology institutions;

d/ To study and formulate a mechanism for equitization of non-business public units for their early pilot equitization. On this basis, to draw up a list of and roadmap for equitization of non-business public units of each ministry, central agency and locality up to and beyond 2010. To concurrently study and formulate a mechanism for management of equitized non-business units;

e/ To study and formulate a mechanism for conversion of some non-business public units which are currently able to assure all or most of their regular operation funds into state enterprises (one-member limited liability companies). To concurrently study and formulate a mechanism for management of converted non-business units;

f/ To elaborate regulations on organization and operation of internal audit sections of agencies and organizations managing and using state budget, money and property;

8. To modernize administration

a/ To speed up the application of information technology to the operation of state administrative agencies;

b/ To continue applying the quality control system according to TCVN 9001-2000 standards to the operation of state administrative agencies;

c/ To strive by 2010 that there will be no communes where administrations have no working offices or have working offices which fail to meet the requirements of their operation.

9. To properly handle the relations between state administrative agencies and people, mobilizing the people's and society's effective participation in management activities of state administrative agencies

a/ To continue implementing the Regulation on grassroots democracy;

b/ To draft a law on state compensation;

c/ To elaborate regulations on the publicity of:

- Competence and responsibilities of each state administrative agency;

- Process of handling administrative affairs and procedures, charges and fees, and time for settlement of citizens' and organizations' affairs;

- State budget, finance and property;

- Audit results;

- Property of cadres and civil servants;

- Recruitment and appointment of cadres and civil servants.

10. To raise awareness and responsibilities of state administrative agencies at all levels and of cadres and civil servants towards administrative reform

a/ To thoroughly grasp the contents and spirit of the Resolution of the fifth plenum of the Party Central Committee, Xth Congress, on accelerating administrative reform and raising management effectiveness and efficiency of the state apparatus, concerning state administrative agencies, cadres and civil servants;

b/ Each agency shall elaborate specific programs and plans for implementation of the Party Central Committee's Resolution and the Government's Program of Action.

1. Based on the major tasks defined in the Program of Action and the attached Appendix on jobs to be done as well as their assigned functions and tasks, ministers, heads of ministerial-level agencies, heads of government attached agencies and presidents of provincial/municipal People's Committees shall personally direct the elaboration of programs of action for their respective ministries, branches or localities and report thereon to the Prime Minister before November 30, 2007; then, concretize those programs into specific tasks in their annual work plans. Tasks for which no performance schemes or programs are required must be implemented immediately to ensure the prompt and effective realization of the contents of this Program of Action.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall concentrate on directing, enhancing inspection and urging the implementation of this Program of Action; and annually report to the Prime Minister on the implementation results.

3. In the course of implementation of this Program of Action, if it is necessary to amend or supplement specific contents of the Program, ministries, branches and localities shall take the initiative in reporting thereon to the Prime Minister for consideration and decision.

4. The Minister of Home Affairs shall, based on his assigned functions, tasks and powers, monitor and urge ministries, branches and localities in the implementation of this Program of Action, and periodically report and propos implementation of the Program.