Decision No. 02/2005/NQ-CP of the Government's regular meeting in January 2005

RESOLUTION

Regular Meeting in January 2005

 From January 26 to January 28, 2005, the Government held its regular monthly meeting in January, discussing and adopting the following issues:

1. The Government heard the Minister of Home Affairs present the Report on administrative reform activities in 2004 and the Plan for administrative reform in 2005, as well as the Program for government inspection work in 2005; heard the General Inspector of the Government present the Program for prevention and combating corruption in 2005; and heard the Minister of Finance present the Program for thrift and waste reduction in 2005.

Administrative reform has always been a key task of the Government in recent years. In 2004, the Government achieved many good results, continuing to focus on implementing the overall program for administrative reform until 2010. However, compared to the plan and the urgent demands of reality, the administrative reform work still progresses slowly, with unclear effectiveness. In 2005, the Government is determined to implement the major tasks of the administrative reform plan, which include: reviewing mechanisms, policies, and administrative procedures and documents; further expanding and effectively implementing the single-window mechanism; promoting decentralization in state management between the Government and provincial-level authorities; promoting socialization of public services, focusing first on health care, education and training, culture, and sports; implementing salary reform; tightening and strengthening administrative discipline; building and implementing the inspection program to make inspection work a regular and breakthrough task to correct weaknesses in the administrative apparatus. The focus of administrative reform in 2005 is to fundamentally change the relationship between administrative agencies and citizens and businesses, in the spirit of eliminating unnecessary procedures, reducing requests and approvals significantly; necessary procedures must be simplified, made clear and easy to understand and implement. Regulations on procedures and documents required for each type of work must be publicly announced through mass media and posted at workplaces. It is strictly forbidden for agencies and units to arbitrarily establish procedures outside those already published.

Regarding anti-corruption and thrift: in 2005, the Government will concentrate on implementing three main contents in anti-corruption work, namely: reviewing and perfecting the legal system for economic and financial management, public asset management, investment construction regulations, bidding rules, establishing the initial foundation for the implementation of asset transparency for cadres and civil servants; building a leadership and management culture, enhancing democracy; improving the anti-corruption steering body, strengthening inspections and audits, especially in planning, investment construction with state capital, land management, issuing certificates of ownership for houses and land, and construction permits. The Government requires ministers, heads of agencies, and localities to set an example in leading the fight against waste and practicing thrift, particularly in constructing office buildings and residences, purchasing and using cars, and administrative expenditures according to financial regulations.

After the meeting, the Government will issue separate resolutions on administrative reform, inspection work, anti-corruption, and thrift, while Resolution No. 01/2005/NQ-CP dated January 14, 2005 on key measures to guide the implementation of the socio-economic plan and state budget for 2005 also specifically outlines many solutions regarding these contents, which ministries, sectors, and localities need to thoroughly grasp and strictly implement.

To implement the above resolutions of the Government and create strong changes in administrative reform, anti-corruption, and thrift, ministers, heads of ministerial-level agencies, and chairmen of provincial-level People's Committees need to closely coordinate with Party agencies, judicial agencies in formulating specific plans and directly guiding their implementation at the ministry, sector, and local levels; they must listen to the opinions of the people, especially those of organizations under the Vietnam Fatherland Front, associations, and unions, while creating conditions for the press and mass media to play a role in uncovering violations and negative phenomena within the state administrative apparatus.

The Ministry of Home Affairs is assigned to take the lead, in coordination with the Ministry of Justice, the Government Office, the Government Administrative Reform Steering Committee, and the Prime Minister's Research Board, to incorporate the opinions of Government members, draft a special resolution of the Government on the Plan for administrative reform and inspection work in 2005; and study and draft a Decree of the Government on Inspection Work to be submitted to the Government at its regular monthly meeting in February 2005.

The Government Inspectorate is assigned to take the lead, together with the Ministry of Finance, the Ministry of Justice, the Government Office, and the Prime Minister's Research Board, to incorporate the opinions of Government members, coordinate with relevant agencies to draft a special resolution of the Government on preventing and combating corruption and practicing thrift and waste reduction, to be submitted to the Government at its regular monthly meeting in February 2005. The Government Inspectorate leads the drafting of the Law on Anti-Corruption, to be submitted for the National Assembly's mid-year session and passed at the end of 2005, based on the principle that "prevention" is primary, "combating" must be resolute; everything must be transparent and open, and the cadre corps must become increasingly clean and strong.

The Ministry of Finance is assigned to study and draft a procurement system and usage regulations for vehicles in state-owned enterprises to enhance thrift, reduce production costs, and improve competitiveness.

The Office of the Government is assigned to monitor the implementation of Resolution No. 01/2005/NQ-CP dated January 14, 2005 on key measures to guide the execution of the socio-economic plan and state budget for 2005 by ministries, sectors, and localities, and report monthly to the Government.

2. The Government has reviewed the Draft Law on People's Public Security submitted by the Minister of Public Security; listened to the Minister and Head of the Office of the Government's report summarizing the opinions of Government members regarding this draft law.

This is the second time the Government has discussed the Draft Law on People's Public Security to incorporate the opinions of the Standing Committee of the National Assembly. The Government has agreed to revise certain contents of the draft law as follows:

- To clearly define, separate but comprehensive, the tasks and powers of each force within the People's Public Security.

- Regarding organization, it is determined that there are two forces within the Ministry of Public Security: Security and Police; clarify the legal status of police stations and posts; transfer correctional schools to local management; not include Fire Prevention and Fighting Departments in the Law; for village police, follow current regulations.

The Ministry of Public Security is assigned to lead, coordinate with the Ministry of Justice, the Ministry of Home Affairs, the Office of the Government, and related agencies to incorporate the opinions of Government members, complete the Draft Law on People's Public Security, and submit it to the Prime Minister for decision on presenting it to the Standing Committee of the National Assembly.

3. The Government heard the General Director of the Tourism Administration present the Draft Law on Tourism; listened to the Minister and Head of the Office of the Government's report summarizing the opinions of Government members regarding this draft law.

The Tourism Ordinance, after five years of implementation, has had positive impacts on tourism activities, contributing to increasing revenue for the state budget, creating jobs, and improving the living standards of people in regions with potential for tourism development. However, to promote stronger and more appropriate development of tourism in line with international integration trends, commitments, and related legal documents, the Tourism Ordinance needs to be amended and enhanced in terms of legal value.

The Tourism Administration is assigned to lead, coordinate with the Ministry of Justice, the Office of the Government, and related agencies to incorporate the opinions of Government members, complete the draft law, and submit it to the Prime Minister for decision on presenting it to the Standing Committee of the National Assembly.

4. The Government has reviewed the Draft Law Amending and Supplementing Certain Provisions of the Military Service Law submitted by the Minister of Defense; listened to the Minister and Head of the Office of the Government's report summarizing the opinions of Government members regarding this draft law.

The Ministry of Defense is assigned to lead, coordinate with the Ministry of Justice, the Office of the Government, and related agencies to incorporate the opinions of Government members, complete the Draft Law Amending and Supplementing Certain Provisions of the Military Service Law; the Minister of Defense is authorized by the Prime Minister to submit this draft law to the Standing Committee of the National Assembly.

5. The Government heard the Minister of Natural Resources and Environment present the Draft Law on Environmental Protection (Amended); listened to the Minister and Head of the Office of the Government's report summarizing the opinions of Government members regarding this draft law.

The Environmental Protection Law passed by the National Assembly in 1993 has brought about positive changes in environmental protection work in our country: raising public awareness about environmental protection; reducing the rate of pollution increase, degradation, and environmental incidents; conservation efforts and biodiversity protection have made significant progress. However, some provisions of the Environmental Protection Law still lack high enforceability and fail to meet the requirements and demands of the period of rapid industrialization and modernization, as well as the implementation of international environmental agreements to which Vietnam is a party. The amendment of the Environmental Protection Law must ensure high enforceability, be consistent with domestic realities, inherit the strengths of the current law, and institutionalize the viewpoint of "rapid, efficient, and sustainable development, economic growth coupled with social progress and environmental protection" as stated in the Ninth Party Congress Resolution.

The Ministry of Natural Resources and Environment is assigned to lead, coordinate with the Ministry of Justice, the Office of the Government, and related agencies to incorporate the opinions of Government members, complete the Draft Law on Environmental Protection (Amended), and submit it to the Prime Minister for decision on presenting it to the Standing Committee of the National Assembly.

6. The Government heard the Minister of Natural Resources and Environment present the Draft Law Amending and Supplementing Certain Provisions of the Mineral Resources Law; listened to the Minister and Head of the Office of the Government's report summarizing the opinions of Government members regarding this draft law.

The Mineral Resources Law passed by the National Assembly in 1996 has created a favorable legal framework to promote the development of the mining and mineral processing industry while enhancing the effectiveness and efficiency of state management over minerals. However, after eight years of implementation, some provisions of the Law have shown limitations in management, investment policies, division of responsibilities between central and local authorities, and rational and economical exploitation, protection, and utilization of mineral resources, necessitating timely amendments to meet new requirements.

The Ministry of Natural Resources and Environment is assigned to lead, coordinate with the Ministry of Justice, the Office of the Government, and related agencies to incorporate the opinions of Government members, complete the Draft Law Amending and Supplementing Certain Provisions of the Mineral Resources Law; the Minister of Natural Resources and Environment is authorized by the Prime Minister to submit this draft law to the Standing Committee of the National Assembly.

7. The Government heard the Minister and Head of the Population, Family, and Youth Commission present the draft Decree of the Government detailing and guiding the implementation of certain provisions of the Law on Child Protection, Care, and Education; listened to the Minister and Head of the Office of the Government's report summarizing the opinions of Government members regarding this draft decree.

The Law on Protection, Care, and Education of Children was promulgated and took effect from January 1, 2005. Although the Law has generally covered most aspects of protecting, caring for, and educating children, some provisions in the Law need to be detailed further to ensure a legal basis for implementing the Law in practice.

The Population, Family, and Children Commission is assigned to lead, coordinate with the Ministries and agencies: Justice, Finance, Health, Vietnam Social Security, and the Government Office to incorporate opinions of government members, finalize the draft Decree, particularly detailing contents related to medical examination and treatment for children under six years old, and submit it to the Prime Minister for issuance.

8. The Government considers the Report on the production, export, investment results and economic and social situation in January 2005 presented by the Minister of Planning and Investment; the Report on the trade situation in January 2005 and market forecast for the first quarter of 2005 presented by the Minister of Trade; the Report on passenger transport service during the 2005 Year of the Goat Lunar New Year presented by the Minister of Transport; the Report on avian influenza situation from December 2004 to January 24, 2005 presented by the Minister of Agriculture and Rural Development; the Report on the situation of Influenza A (H5N1) presented by the Minister of Health; the Report on inspection work, complaint and denunciation resolution in 2004 presented by the Chief Inspector General; the Report on the use of agricultural land for industrial zones construction and the living conditions of people whose land was expropriated presented by the Minister of Natural Resources and Environment.

In January 2005, the overall economic and social situation continued to maintain a development momentum, with industrial production value achieving high growth compared to the same period last year; agricultural production ensured planting schedules; service, trade, and tourism activities were lively to prepare for the Tet holiday; cargo and passenger transportation operations were strengthened; exports and foreign direct investment attracted increased significantly; social activities such as labor employment, public health care, culture, and information continued to stabilize and develop. However, some difficulties emerged in the first month of the year, including severe drought affecting agricultural production and people's livelihoods; dry weather increasing forest fire risks; complex avian influenza outbreaks spreading, posing threats to poultry farming and human infection; and signs of rising price indices.

To ensure successful implementation of the 2005 plan, the Government requests that ministries, sectors, and localities quickly develop action programs to implement Resolution No. 01/2005/NQ-CP dated January 14, 2005 of the Government on key measures to focus on directing and managing the implementation of the state budget and national plan for 2005. In the short term, ministries, sectors, and localities need to concentrate on promoting production and business activities; swiftly implementing the 2005 basic construction investment plan; stabilizing prices and markets, especially during the Tet holiday; effectively implementing measures to prevent avian influenza; preventing and controlling H5N1 virus transmission to humans and organizing good conditions for treating infected patients; organizing a healthy, joyful, frugal, and safe Tet holiday.

The Inspectorate General is assigned to lead, coordinate with relevant ministries, sectors, and localities to study measures to fundamentally address the issue of appeals beyond jurisdiction, particularly cases with final decisions, and submit them to the Prime Minister in the first quarter of 2005.

The Ministry of Natural Resources and Environment is assigned to lead, coordinate with relevant agencies and localities to study and propose specific measures to the Government to strengthen land management and utilization in new urban areas and industrial zones, and resolve living and employment issues for people whose land was expropriated.