Decree No. 04/2015/ND-CP On Implementing Democracy in the Activities of State Administrative Agencies and Public Service Units

DECREE

On Implementing Democracy in Activities

specialized agency under the People's Committee of the province/city.of Administrative State Agencies and Public Service Units

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to Resolution No. 55/NQ-UBTVQH10 dated August 30, 1998 of the Standing Committee of the National Assembly on the issuance of the Code of Conduct for Implementing Democracy in the Activities of State Agencies;

At the request of the Minister of Home Affairs,

The Government promulgates this Decree on implementing democracy in activities of administrative state agencies and public service units.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Decree stipulates the implementation of democracy in activities of administrative state agencies and public service units (hereinafter referred to collectively as agencies and units), including: democracy within agencies and units; democracy in relations and handling matters with citizens, agencies, and related organizations:

a) Democracy within agencies and units includes: the responsibility of the heads of agencies and units and of civil servants and officials in implementing democracy in internal activities of agencies and units; matters that must be made public for civil servants and officials to know; matters in which civil servants and officials participate in giving opinions, decided by the head of the agency; matters in which civil servants and officials supervise and inspect.

b) Democracy in relations and handling matters with citizens, agencies, and related organizations includes: the responsibility of the heads of agencies and units and of civil servants and officials in relations and handling matters with citizens, agencies, and related organizations; relations between the heads of agencies and units and higher-level agencies and lower-level agencies.

Article 2. This Decree applies to civil servants as defined in Article 4 of the Civil Servants Law working in administrative state agencies from central to district levels; officials as defined in Article 2 of the Officials Law working in public service units and workers under labor contracts as defined in Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on implementing certain types of contractual systems in administrative state agencies and public service units, included in the salary list and members of the trade union of the agency or unit.

Civil servants at commune level implement democracy in the activities of the agency according to this Decree and the provisions in the Ordinance on Implementing Democracy in Communes, Wards, and Towns.

Article 2. Purpose of Implementing Democracy in Activities of Agencies and Units

1. To promote the right to self-governance of civil servants, officials, and to enhance the responsibility of the heads of agencies and units.

2. To contribute to building a cadre of civil servants and officials who are public servants of the people, possessing political qualities, moral character, lifestyle, competence, and professional qualifications, working efficiently, effectively, and productively, meeting the requirements of development and reform of the country.

3. To prevent, stop, and combat acts of corruption, waste, bureaucracy, harassment, and abuse of power against the people.

Article 3. Requirements for Implementing Democracy in Activities of Agencies and Units

1. Implementing democracy in activities of agencies and units must be closely linked to ensuring the leadership of the Party organization in the agency or unit; adhering to the principle of centralized democracy; promoting the role of the head of the agency or unit and of mass organizations in the agency or unit.

2. Democracy within the framework of the Constitution and laws; resolutely dealing with actions that exploit democracy to violate laws, infringe upon the legitimate rights and interests of civil servants, officials, and the right to self-governance of the people, hindering the performance of tasks of the agency or unit.

Chapter II

DEMOCRACY WITHIN AGENCIES AND UNITS

Section 1

RESPONSIBILITIES OF THE HEADS OF AGENCIES AND UNITS

AND OF CIVIL SERVANTS, OFFICIALS

Article 4. Responsibilities of the Head of the Agency or Unit

1. Implement democracy in managing and operating the activities of the agency or unit; in managing, using, training, fostering, implementing systems, and policies for cadres, civil servants, and public officials.

2. Organize regular meetings on a monthly, quarterly, and biannual basis to evaluate the results of assigned tasks and propose main tasks and solutions to be implemented in the upcoming period for the agency or unit. At the end of the year, the head of the agency or unit must organize a comprehensive evaluation of the agency's or unit's activities at the meeting of cadres, civil servants, and public officials as stipulated in Article 5 of this Decree.

3. Organize annual evaluations of cadres, civil servants, and public officials under their management according to the procedures and formalities prescribed in Article 45 of Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, utilization, and management of civil servants and Article 37 of Decree No. 29/2012/NĐ-CP dated April 12, 2014 of the Government on recruitment, utilization, and management of public officials.

4. Listen to feedback and criticism from cadres, civil servants, and public officials. When cadres, civil servants, or public officials register to meet with specific content and reasons, arrange suitable time for meeting and discussion.

5. Publicly announce the matters specified in Article 7 of this Decree so that cadres, civil servants, and public officials are aware.

6. Issue regulations on managing work equipment in the agency or unit to ensure practicality, effectiveness, and economy; use allocated funds economically; implement financial transparency regulations. The purchase of equipment, means, and assets of the agency or unit must comply with the provisions of the law.

7. Implement preventive measures against corruption; handle and facilitate conditions for competent authorities to process individuals involved in corrupt acts; if found negligent resulting in corruption within the agency or unit, they will be processed according to the provisions of the law.

8. Examine and resolve complaints, reports, and suggestions from cadres, civil servants, and public officials, and people's internal control committee suggestions of the agency or unit in accordance with the law; promptly report to competent authorities issues outside their jurisdiction.

9. Promptly address individuals obstructing democratic implementation in the agency or unit's activities and retaliating against cadres, civil servants, and public officials who lodge complaints, reports, or suggestions as prescribed by law.

10. Timely process individuals obstructing democratic implementation in the agency or unit's activities and retaliating against cadres, civil servants, and public officials who lodge complaints, reports, or suggestions as prescribed by law.

Article 5. Organization of the Meeting of Cadres, Civil Servants, and Public Officials

1. The head of the agency or unit shall preside over and coordinate with the Trade Union of the agency or unit to organize the meeting of cadres, civil servants, and public officials of the agency or unit once a year at the end of the year. If one-third of the cadres, civil servants, and public officials of the agency or unit or the Executive Committee of the Trade Union of the agency or unit request, or if the head of the agency or unit deems it necessary, an extraordinary meeting of cadres, civil servants, and public officials of the agency or unit shall be convened. Participants include all or representatives of cadres, civil servants, and public officials of the agency or unit.

2. Contents of the meeting include:

a) Reviewing the implementation of resolutions, policies, and laws related to the functions and responsibilities of the agency or unit; reviewing the implementation of previous meeting resolutions and regulations on democratic implementation in the agency or unit's activities; evaluating and summarizing the responsibility of the head of the agency or unit in implementing the annual work plan; discussing and proposing measures to implement the next year's work plan of the agency or unit;

b) The head of the agency or unit listens to contributions and criticisms from cadres, civil servants, and public officials; answers questions and addresses suggestions from cadres, civil servants, and public officials;

c) Approving the internal expenditure regulations of the agency or unit; launching a competition movement and signing a competition agreement between the head of the agency or unit and the trade union organization;

d) Discussing measures to improve working conditions and enhance the living standards of cadres, civil servants, and public officials in the agency or unit;

đ) Reporting on the work of the People's Internal Control Committee of the agency or unit; electing the People's Internal Control Committee in accordance with the law;

e) Awarding individuals and groups of the agency or unit for outstanding achievements in their work.

Article 6. Responsibilities of civil servants and employees

1. Strictly comply with internal regulations and work rules of the agency or unit; practice thrift, combat waste, and ensure accurate and timely information; implement provisions on duties, ethics, communication culture, conduct rules, principles in professional activities, and prohibited actions as stipulated by law.

2. Bear responsibility before the law, before direct supervisors, and before heads of agencies or units for the performance of their tasks. While performing official duties, civil servants may present opinions and proposals to resolve issues within their scope of responsibility that differ from those of their direct supervisors, but they must still follow directives and guidance from their direct supervisors, while retaining the right to reserve their opinion and report to higher authorities. For employees, they have the right to refuse to perform tasks or assignments contrary to legal provisions, make decisions on matters of expertise related to their assigned tasks, and report to competent authorities.

3. Seriously engage in self-criticism and criticism, promote strengths, and take measures to correct weaknesses; candidly contribute opinions to build a clean and strong internal environment within agencies and units.

4. Contribute opinions on the development of documents and projects of agencies and units when requested.

5. Report to competent authorities upon discovering violations of law in the activities of agencies and units.

Section 2

MATTERS TO BE PUBLICIZED SO THAT

OFFICIALS, CIVIL SERVANTS, AND CIVIL SERVICE MEMBERS ARE AWARE

Article 7. Matters to be Publicized

1. Policies and guidelines of the Party and laws of the State related to the work of agencies and units.

2. Annual, quarterly, and monthly work plans of agencies and units.

3. Annual operating funds, including state budget allocations and other financial sources; annual financial settlements of agencies and units; assets and equipment of agencies and units; audit results.

4. Recruitment, training, promotion, appointment, rotation, secondment, resignation, removal from office; employment contracts, changes in job titles, changes in work positions, termination of employment contracts of employees; overseas trips, salary increments, grade promotions, evaluations, and classifications of civil servants and employees; commendations, disciplinary actions, resignation, retirement for cadres, civil servants, and employees; projects and construction of regulatory documents by agencies and units.

5. Negative cases and corruption within agencies and units that have been concluded; asset and income declarations of persons required to declare according to legal provisions.

6. Results of inspections, audits, complaints, and grievances resolved internally within agencies and units.

7. Internal regulations and rules of agencies and units.

8. Results of adopting opinions of cadres, civil servants, and employees on issues within the decision-making authority of the head of the agency or unit as stipulated in Article 9 of this Decree.

9. Directives and management documents of superior agencies related to the work of agencies and units.

Article 8. Forms and Time for Public Disclosure

1. Forms of Disclosure

Depending on the characteristics, nature of activities, and contents to be disclosed, agencies and units shall apply one, several, or all of the following disclosure forms:

a) Posting at the agency or unit;

b) Announcing at staff meetings of the agency or unit;

c) Sending written notifications to all staff members of the agency or unit;

d) Informing the heads of departments within the agency or unit and requiring them to inform the staff working in those departments;

đ) Sending written notifications to the direct Party Committee and the Trade Union Executive Board of the agency or unit;

e) Publishing on the internal information website of the agency or unit.

2. The latest time for public disclosure shall not exceed three working days, and in special cases, not more than five days from the date the document is issued or received from a higher-level agency or unit, except for classified documents as prescribed by law. For postings at the headquarters of the agency or unit, they must be continuously posted for at least thirty consecutive days from the posting date.

Section 3

MATTERS FOR STAFF TO PARTICIPATE IN OPINION,

HEADS OF AGENCIES AND UNITS TO DECIDE

Article 9. Matters for Staff to Participate in Opinion

1. Proposals and measures to implement resolutions of the Party and laws of the State related to the work of the agency or unit.

2. Annual work plans of the agency or unit.

3. Organizing competitive campaigns of the agency or unit.

4. Interim and final reports of the agency or unit.

5. Measures to improve organizational structure, operations, and work procedures; preventing corruption, practicing thrift, combating waste, bureaucracy, harassment, and exploitation of the people.

6. Recruitment, training, and development plans for staff; elections and appointments of staff.

7. Implementation of systems and policies related to the rights and interests of staff.

8. Internal regulations and rules of the agency or unit.

Article 10. Forms of Participation in Opinion

Depending on the characteristics, nature of activities, and contents of participation in opinion, agencies and units shall apply one of the following three forms of participation in opinion:

1. Staff participating directly in opinions or through representatives with the head of the agency or unit.

2. Through staff meetings of the agency or unit.

3. Distributing questionnaires or sending draft documents for staff to provide opinions.

Section 4

STAFF SUPERVISION AND INSPECTION

SUPERVISORY AND INSPECTION FUNCTIONARIES

Article 11. Matters for Staff to Supervise and Inspect

1. Implementation of the Party's policies and State laws, annual work plans of the agency or unit.

2. Use of operational funds, compliance with management and utilization policies and systems of assets of the agency or unit.

3. Implementation of internal regulations and rules of the agency or unit.

4. Implementation of State systems and policies regarding the rights and interests of staff in the agency or unit.

5. Handling complaints and denunciations within the agency or unit.

Article 12. Forms of Supervision and Inspection

Agencies and units organize for staff to supervise and inspect through the following three forms of supervision and inspection:

1. Through the activities of the People's Inspectorate Board of the agency or unit.

2. Through self-criticism and mutual criticism during regular meetings of the agency or unit.

3. Through staff meetings of the agency or unit.

Chapter III

DEMOCRATIC RELATIONS AND RESOLUTION OF BUSINESS

WITH CITIZENS, AGENCIES, UNITS, AND RELATED ORGANIZATIONS

Article 13. Responsibilities of the Head of an Agency or Unit

1. Organize, direct, and inspect the public posting at the workplace premises and online publication on the agency's or unit's electronic information page to inform citizens and organizations (hereinafter referred to collectively as citizens and organizations) of the following contents:

a) The department responsible for handling related matters;

b) Administrative procedures for handling matters;

c) Sample forms and files for each type of matter;

c) Fees and charges as prescribed;

d) Timeframe for handling each type of matter.

2. Direct and inspect civil servants and employees in their handling of citizens' and organizations' matters; promptly take appropriate measures as prescribed by law against civil servants and employees who fail to complete tasks, lack a sense of responsibility, harass, cause inconvenience, or engage in corruption when handling citizens' and organizations' matters.

3. Direct the arrangement of reception areas, implement citizen reception activities, and organize suggestion boxes; direct the administrative work supervisor of the agency or unit, together with the representative of the People's Inspectorate of the agency or unit, to open the suggestion box weekly, study, and propose solutions to the suggestions received, report to the head of the agency or unit to develop reasonable measures to address the suggestions.

4. Announce to local citizens and organizations to be aware and participate in providing opinions on programs and projects established or implemented by the agency or unit that relate to the socio-economic development of that locality.

5. Appoint responsible persons to meet and resolve matters when citizens and organizations request according to the law; citizens' and organizations' suggestions, complaints, and criticisms must be studied and resolved promptly.

Article 14. Responsibilities of Civil Servants and Employees

1. Only accept documents and handle matters of citizens and organizations at the agency or unit's workplace; protect state secrets, work-related secrets, and confidential information about whistleblowers as prescribed by law.

2. When citizens and organizations make requests, civil servants and employees have the responsibility to resolve those requests within their authority. Matters outside their authority to resolve, civil servants and employees must notify citizens and organizations and guide them to the competent authority. Civil servants and employees shall not be bureaucratic, arrogant, arbitrary, corrupt, create difficulties, cause inconvenience, or harass when handling citizens' and organizations' matters.

3. Citizens' and organizations' matters must be researched, processed, and resolved promptly by civil servants and employees in accordance with the law and internal regulations of the agency or unit.

4. For matters with a specified resolution timeframe as prescribed, civil servants and employees must comply strictly with that timeframe. In complex cases requiring additional time for research and resolution, civil servants and employees have the responsibility to report to the directly responsible supervisor and promptly inform citizens and organizations.

Article 15. Relations between the head of an agency or unit and the superior agency or unit

1. Implement decisions of the superior agency or unit. When there is evidence that such a decision is contrary to the law, they must promptly report in writing to the person who made the decision; if the person making the decision still decides to implement the decision, the person implementing it must comply but shall not be responsible for the consequences of implementation, while simultaneously reporting to the immediate superior of the person making the decision. The person making the decision shall be responsible under the law for their decision.

2. Reflect difficulties and obstacles encountered during the performance of their functions and tasks; propose to the superior agency or unit issues that are inappropriate, requiring amendment or supplementation in regulations, policies, laws, and guidance and management by the superior agency or unit.

3. Participate in contributing opinions and criticism on the activities of the superior agency or unit; have the responsibility to study and contribute opinions on draft regulations, policies, and normative legal documents requested by the superior agency or unit.

4. Report to the superior agency or unit the situation of work of their own agency or unit as prescribed; for matters exceeding their authority to resolve, they must promptly report and seek guidance from the superior agency or unit. The content reported to the superior agency or unit must be objective and truthful.

Article 16. Relations between the head of an agency or unit and subordinate agencies or units

1. Inform subordinate agencies or units of Party policies and relevant legal provisions related to their activities and scope of responsibility; direct, guide, and inspect the activities of subordinate agencies or units and bear responsibility for violations of law by subordinate agencies or units if these violations are due to their direction or guidance.

2. Study and promptly resolve proposals from subordinate agencies or units; regularly meet with the heads of subordinate agencies or units. When the head of a subordinate agency or unit requests a meeting, they must specifically respond to the request for reception and meeting.

3. When necessary, dispatch officials, civil servants, or employees to subordinate agencies or units to exchange, study, and resolve specific issues of subordinate agencies or units; strictly handle officials, civil servants, or employees who report or reflect false information or lack truthfulness.

Chapter IV
IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Decree takes effect from February 25, 2015.

This Decree replaces Decree No. 71/1998/NĐ-CP dated September 8, 1998 of the Government on the issuance of the Regulations on Implementing Democracy in the Activities of Agencies.

Article 18. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Decree./.