Directive No. 09/2005/CT-TTg on continuing to promote administrative reform

DIRECTIVE

On further intensifying administrative reform work

In 2004, administrative reform continued to be the key focus and top priority in the guidance and management of the Government and the Prime Minister; there were clear advancements and significant positive results across all four components of the overall program for administrative reform of the State for the period 2001-2010, particularly in building and perfecting economic and administrative systems compatible with a socialist-oriented market economy mechanism, contributing importantly to the successful implementation of national socio-economic development tasks.

However, compared to requirements and set goals, generally speaking, administrative reform still exhibits many shortcomings and weaknesses, with slow progress, low effectiveness, and lack of synchronization. The situation of regulations and implementation of administrative procedures in many fields, especially in relations with citizens and businesses, remains complex, burdensome, and has not been fundamentally resolved. Management, construction, and improvement of the quality of the cadre and civil servant workforce have not shown significant changes. Implementation of specific decentralization in each sector and field and socialization efforts have progressed slowly and still face many difficulties. Requirements for adjusting organizational structures towards leaner, more effective operations have not been strictly adhered to at both central and local levels, with an increase in direct subordinate units. Financial management reform has not kept pace with reforms in other areas.

The main cause of the above situation is that administrative reform guidance and management at various levels and sectors have not been sufficiently focused and truly resolute; personal responsibility of leaders, especially in supervising and inspecting the performance of duties, tightening and maintaining administrative discipline within the apparatus, has not been emphasized enough.

To further intensify comprehensive, deep, and more effective administrative reform in all fields, with the core and urgent requirement being to concentrate on strongly reforming administrative procedures to achieve fundamental changes in the relationship between administrative agencies and citizens and businesses, thereby promoting socio-economic development, the Prime Minister requests that ministers, heads of ministerial-level agencies, heads of governmental agencies, and chairpersons of provincial and municipal people's committees must thoroughly implement and strictly enforce the measures for accelerating administrative reform decided by the Government in Resolution No. 01/2005/NQ-CP dated January 14, 2005, and from now until the end of 2005, carry out the following specific tasks:

1. Conduct a thorough review and simplify administrative procedures in all fields under their jurisdiction. Focus initially on several fields currently causing much concern such as: registration of household records, residence registration, notarization, issuance of land use rights certificates, ownership certificates for housing, construction permits, recruitment and examination of cadres and civil servants, business registration, taxation, customs.

a) Ministers, heads of ministerial-level agencies, heads of governmental agencies, and chairpersons of provincial and municipal people's committees must personally and closely direct the review and amendment of administrative procedures and consider this as the core of their guidance and management work in 2005. For the aforementioned fields causing much concern, relevant ministries and sectors need to prioritize and concentrate competent staff to form working groups to proceed with these tasks.

Ministries, sectors, and localities report to the Prime Minister the results of reviewing, self-eliminating, and amending administrative procedures before September 2005. Proposals for eliminating or amending administrative procedures within the authority of the Government and the Prime Minister should be prepared by relevant ministries and sectors and submitted to the Government and the Prime Minister for decision no later than December 2005.

Amendments and new provisions regarding administrative procedures must be simple, easy to understand, and easy to implement for citizens and businesses; eliminate unnecessary intermediate steps and unnecessary documents, minimize processing time as much as possible. Administrative procedures established without proper authority must be revoked; responsibilities of those who promulgated them must be addressed. Administrative procedures in each sector and field should be systematized or consolidated into a single document. The implementation of administrative procedures must ensure transparency; at the same time, mechanisms for monitoring and supervising civil servants in receiving and handling citizen and business affairs must be established.

b) The Minister, Head of the Government Office, and the Team Leader of the Inter-ministerial Task Force established by Decision No. 23/2005/QĐ-TTg dated January 26, 2005, of the Prime Minister to handle business concerns about administrative procedures must urgently expedite the specific tasks of this team in some localities.

Chairpersons of the People's Committees of Ho Chi Minh City, Hanoi, Hai Phong, Da Nang, and Ba Ria-Vung Tau Province must mobilize competent staff from local departments and sectors to participate and coordinate with the Task Force to review and amend, supplement, or abolish local administrative procedures issued without suitability, causing obstacles to business activities.

Based on the resolution of specific business concerns, the Task Force promptly proposes and recommends to ministers, heads of ministerial-level agencies, the Government, and the Prime Minister necessary amendments and supplements to macro-management mechanisms, policies, and systems related to administrative procedures that hinder business operations, thereby improving the investment environment.

c) The Government Office continues to closely cooperate with the press to identify and select certain typical cases involving administrative procedures that cause inconvenience to the public and businesses; dispatch inspection teams to the sites to investigate and clarify the nature of the incidents, propose measures to address and handle strictly civil servants who violate discipline, causing harassment and inconvenience, while studying and proposing to the Government and the Prime Minister amendments and supplements to relevant mechanisms and policies.

The Government Office is responsible for guiding, urging, and inspecting ministries, sectors, and local authorities in implementing the above tasks; report quarterly to the Government and the Prime Minister.

2. Continue to implement and organize effectively the "one-stop" mechanism according to Decision No. 181/2003/QD-TTg dated September 4, 2003 of the Prime Minister at local state administrative agencies; conduct mid-term reviews, draw lessons, improve, and enhance the actual effectiveness of this mechanism at provincial and district levels; widely apply it at commune level.

The Ministry of Home Affairs shall take the lead, in coordination with the Government Office, to conduct a mid-term review of the implementation of the Prime Minister's Decision mentioned above before September 2005.

The Government's Steering Committee on Administrative Reform in the second quarter of 2005 shall study and propose the selection of certain ministries, ministerial-level agencies, and government agencies to develop and implement projects to apply the "one-stop" mechanism in handling work.

3. Based on Resolution No. 08/2004/NQ-CP dated June 30, 2004 of the Government, ministries and sectors must urgently complete and submit to the Government in the second quarter of 2005 proposals for decentralization of state management to local authorities in their respective fields and areas within their assigned scope.

On the basis of the contents of state management delegated by the Government to local authorities in each field and area, provincial and centrally-administered city People's Committees must review the delegated tasks and decide to delegate certain works within their management scope to district and commune levels in the fourth quarter of 2005.

The Ministry of Home Affairs shall take the lead, in coordination with related ministries and sectors, to direct and provide specific guidance on this matter.

4. Vigorously and resolutely implement the policy of socialization, transferring the activities of public service units and public services to appropriate service mechanisms in line with the socialist-oriented market economy.

a) The Government Office shall take the lead, in coordination with related ministries and sectors, to finalize the draft Resolution of the Government on further promoting socialization in health care, education, culture-information, sports, and physical training sectors, replacing Government Resolution No. 90/CP dated August 21, 1997, and submit it to the Government for issuance in April 2005.

b) In April 2005, the Government Office shall take the lead, in coordination with related ministries and sectors, to revise and submit to the Government decrees on implementing the self-management mechanism for hospitals, universities, colleges, vocational schools, and research institutes.

c) The Ministry of Finance shall submit to the Government for issuance in May 2005 decrees of the Government to replace Decree No. 73/1999/NĐ-CP dated August 19, 1999, and Decree No. 10/2002/NĐ-CP dated January 16, 2002.

5. The Ministry of Home Affairs and the Ministry of Labor, Invalids, and Social Affairs shall continue to disseminate and guide the implementation of new salary scales; coordinate with related ministries and sectors to issue circulars guiding the new salary system; submit to the Government and the Prime Minister for resolution issues arising during the implementation of the new salary system in the second quarter of 2005, and adjust the minimum wage in the third quarter of 2005.

6. Issue a comprehensive institutional framework and implement inspections and audits of official duties; continue to rectify and strengthen discipline and order in administrative activities of state administrative machinery at all levels.

In April 2005, the Ministry of Home Affairs shall submit to the Government for issuance a decree on official inspections; take the lead, in coordination with related ministries and sectors, to issue full guidance documents for the implementation of this decree.

Ministries, sectors, and local authorities shall develop plans and organize official inspections and audits according to their assigned fields and objects, focusing mainly on land registration and certification of land use rights, transfer of land use rights; construction permits, ownership certificates of housing; vehicle inspection, driving license issuance; investment permit issuance for projects, business registration; customs procedures, import-export; tax management procedures; household registration, residence registration; notarization, certification. Official inspections and audits must clarify the responsibility of heads of agencies and units for violations of administrative discipline, corruption, and bribery by civil servants, propose strict measures to address them; at the same time, identify and propose amendments and supplements to relevant mechanisms, policies, and systems.

7. Ministries, sectors, and provincial and centrally-administered city People's Committees shall summarize and report to the Prime Minister on the implementation of Phase I of the Comprehensive Program for State Administrative Reform from 2001 to 2010 before August 2005.

The Government's Steering Committee on Administrative Reform shall guide and urge the implementation of this task.

In October 2005, the Government's Steering Committee on Administrative Reform shall report to the Government on the summary of the situation and results of Phase I and the content and plan for Phase II (2006-2010) of the Comprehensive Program for State Administrative Reform from 2001 to 2010.

8. Ministries, ministerial-level agencies, government agencies, provincial and centrally-administered city People's Committees shall develop plans and programs of action and closely cooperate with the press, mass media, the Vietnam Fatherland Front, and its member organizations, and social organizations in implementing tasks within their responsibilities.

The Office of the Government shall coordinate with the Steering Committee for Administrative Reform of the Government to monitor, urge, and inspect the implementation of this Directive at ministries, sectors, and localities.