Decision No. 120/2003/QĐ-TTg

REPORT

ASSESSMENT OF THE RESULTS FOR THE FIRST HALF OF 2009 AND THE PERIOD FROM 2003 TO 2009 REGARDING THE IMPLEMENTATION OF TASKS ASSIGNED IN DECISION 120/2003/QĐ-TTg OF JUNE 11, 2003 BY THE PRIME MINISTER ON THE APPROVAL OF THE STRATEGY FOR THE DEVELOPMENT OF THE ECONOMY AND SOCIETY ALONG THE VIETNAM - CHINA BORDER UNTIL 2010 AND THE PLAN TO IMPLEMENT TASKS UNTIL 2010

The Ministry of Home Affairs has received Circular No. 4594/BKH-KTĐP< dated June 25, 2009 from the Ministry of Planning and Investment regarding the review and assessment of the results for the first half of 2009, the period from 2003 to 2009, and the plan to implement tasks until 2010 to achieve the objectives set out in Decision No. 120/2003/QĐ-TTg. The Ministry of Home Affairs hereby reports on the specific results of the assigned tasks as follows:

On June 11, 2003, the Prime Minister issued Decision No. 120/2003/QĐ-TTg on the approval of the Strategy for the Development of the Economy and Society along the Vietnam - China Border until 2010; among which, the Ministry of Home Affairs was tasked with:...Building a strong grassroots political system and cadre team; planning the development of urban systems (cities, towns, townships, market towns); reviewing administrative boundaries of villages, communes, ethnic groups, and counties to be consistent with the territory and management level of local authorities, especially at the grassroots level; since 2003, each border commune has been increased by one Deputy Chairman of the People's Committee and one specialized staff member for border affairs for the commune-level People's Committee and 5% additional staffing for border county levels compared to the current quota...

In implementing the assigned tasks, the Ministry of Home Affairs has actively coordinated with central ministries and relevant localities to carry out the implementation of the assigned tasks, focusing on the following main contents:

I. IMPLEMENTATION WORK AND RESULTS FOR THE FIRST HALF OF 2009 AND THE PERIOD FROM 2003 TO 2009 UNDER DECISION 120/2003/QĐ-TTG 

1. Implementation work

To fulfill the tasks assigned by the Prime Minister, the Ministry of Home Affairs has taken the lead and coordinated with central ministries and sectors to draft and submit to the Government timely issuance of regulatory legal documents related to the implementation of Decision No. 120/2003/QĐ-TTG, specifically as follows:

To implement the tasks assigned under Decision No. 120/2003/QĐ-TTG, the Ministry of Home Affairs has gradually detailed each task through advising the Government to issue regulatory legal documents related to the regime and policies for cadres and civil servants at the grassroots level, including preferential policies for areas inhabited by ethnic minorities, mountainous regions, borders, and islands.

The Ministry of Home Affairs has coordinated with the National Ethnic Minorities Committee and relevant ministries and sectors to review, inspect, and delineate to recognize three regions of ethnic minority and mountainous areas according to their level of development; recognizing communes, districts, and highland areas when there are adjustments to administrative boundaries. Participating in drafting documents to implement policies for ethnic minority areas, border areas, and islands such as: Joint Circular guiding the implementation of Decision No. 07/2006/QĐ-TTg dated January 10, 2006 of the Prime Minister on the approval of the program for the development of the economy and society in particularly difficult communes in mountainous and ethnic minority areas during the period 2006-2010 (referred to as Program 135 Phase II): Proposal on settlement and land allocation for ethnic minorities during the period 2006-2010; Proposal on reforming the content and methods of ethnic affairs management; Proposal "Strengthening information dissemination and propaganda on the Party and State's policies towards ethnic minorities".

2. Results for the first half of 2009 and the period from 2003 to 2009 in implementing assigned tasks

a) Construction of the grassroots political system and training and capacity building for state cadres and grassroots-level government officials

Local authorities along the Vietnam-China border have clearly identified that building a clean and strong grassroots political system, first and foremost, requires building a strong grassroots-level government. This is a key task that has been prioritized and directed by the Party committees and governments at all levels over many years. The work of building a strong grassroots-level government, with various specific contents, has been carried out with high responsibility by provincial-level People's Committees along the Vietnam-China border, closely following the Law on the Organization of People's Councils and People's Committees and other state documents to implement and organize, contributing to promoting the initial development of localities, achieving positive results, with the economy and society developing continuously and national defense and security being maintained.

Alongside the implementation of ethnic policies, the construction of the government has been highly valued by the Ministry of Home Affairs to create favorable conditions for localities to effectively build a clean and strong grassroots political system. The Ministry of Home Affairs submitted to the Prime Minister who then issued Decision No. 03/2004/QĐ-TTg dated January 7, 2004 of the Prime Minister approving"Orientation for the planning of training and capacity building for cadres and civil servants at the commune, ward, and township levels until 2010"; including: The specific objective is to ensure that 100% of key officials and specialized positions in mountainous communes, remote areas, ethnic minority regions, border areas, and islands have been trained and developed in state management and professional skills to reach a basic level; select 25% of this cadre to plan for training at an intermediate level. The Ministry of Home Affairs has established a training and development plan to enhance the capabilities of cadres within the political system, particularly grassroots cadres, prioritizing the training and development of local ethnic minority cadres. Emphasis is placed on leveraging the positive role of village elders, headmen, and respected individuals within ethnic communities.

Based on these objectives, provinces have developed and implemented training programs for cadres and civil servants, with a focus on training commune-level civil servants from 2001 to 2005; the program for training source cadres who are ethnic minorities from 2002 to 2010, prioritizing the training and development of local ethnic minority cadres, including special consideration in education, training, and placement for children of ethnic minorities studying at provincial and district boarding schools, selected to attend state-sponsored training courses, given priority in examinations and recruitment into state agencies.

Implementing Resolution No. 5 (Session IX), the grassroots political system was consolidated, along with the issuance of the amended Civil Servant Law (2003), the Law on the Organization of People's Councils and People's Committees. The Ministry of Home Affairs has led the coordination with relevant ministries and agencies to develop related regulatory documents, which were submitted to the Government for promulgation, including Decree No. 79/2003/ND-CP dated July 7, 2003 on implementing the Village Democracy Regulations; Decision No. 161/2003/QD-TTg dated August 4, 2003 on the regulations for training and developing cadres and civil servants; Decree No. 114/2003/ND-CP dated October 10, 2003 on cadres and civil servants at commune, ward, and town levels; Decree No. 121/2003/ND-CP dated October 21, 2003 on the remuneration policies for cadres and civil servants at commune, ward, and town levels; Decision No. 03/2004/QD-TTg dated January 7, 2004 approving the orientation for training and developing cadres and civil servants at commune, ward, and town levels.

Additionally, the Ministry of Home Affairs has led the issuance of circulars guiding the above decrees and Decision No. 04/2004/QD-BNV dated January 16, 2004 on the issuance of detailed standards for cadres and civil servants at commune, ward, and town levels. Through these documents, favorable conditions have been created for localities to implement grassroots government construction and consolidation work, building a cadre and civil servant team at the commune level, especially transitioning from subsistence allowances to salary-based remuneration.

Implementing Decree No. 204/2004/ND-CP dated December 14, 2004 on the wage system for cadres, civil servants, public officials, and armed forces personnel, the Ministry of Home Affairs has coordinated with relevant ministries and agencies to develop and issue Joint Circular No. 11/2005/TTLT-BNV-BLDTBXH-BTC on guiding the implementation of regional allowances, specifying regional allowances for each area in mountainous regions, highlands, ethnic minority regions, remote areas, border areas, and islands. Decree No. 107/2004/ND-CP dated April 1, 2004 stipulates the number of Deputy Chairpersons and the structure of members of People's Committees at all levels.

Currently, the Ministry of Home Affairs is drafting and submitting to the Government: An overall project on the policy system for grassroots cadres; a decree replacing Decree No. 121/2003/ND-CP on the policy system for cadres and civil servants at commune, ward, and town levels; and a decree replacing Decree No. 114/2003/ND-CP on cadres and civil servants at commune, ward, and town levels, which includes certain ethnic policies for commune-level cadres and civil servants in areas with large ethnic minority populations and border and island regions.

b) Strengthening cadres for particularly difficult communes and border communes

The Ministry of Home Affairs has submitted to the Prime Minister for issuance Directive No. 38/2004/CT-TTg dated November 9, 2004 on intensifying the training and development of ethnic minority languages for cadres and civil servants working in ethnic minority and mountainous regions; Decision No. 31/QD-TTg dated February 6, 2006 on approving the project on training and developing Chairpersons of People's Councils and People's Committees at commune, ward, and town levels from 2006 to 2010; Decision No. 34/2006/QD-TTg dated February 8, 2006 on approving the project on training and developing commune-level cadres and civil servants who are ethnic minorities from 2006 to 2010; Decision No. 28/2007/QD-TTg dated February 28, 2007 on training and developing commune-level cadres and civil servants in northern mountainous provinces from 2007 to 2010; Decision No. 56/2006/QD-TTg dated March 12, 2006 on temporarily strengthening cadres and civil servants to counties and communes in key areas with ethnic minorities; Decision No. 1006/2007/QD-TTg dated July 13, 2007 on approving the project "Some Measures to Strengthen Training, Development, and Source Cadre Building in Grassroots Political Systems in Northwest Region from 2006 to 2010"

c) Each border commune elects two Deputy Chairpersons of the Commune People's Committee; one dedicated staff member for border affairs under the Commune People's Committee; increase the State administrative quota for border districts by 5%

Pursuant to the Law on the Organization of People's Councils and People's Committees in 2003 and Decree No. 107/2004/ND-CP dated April 1, 2004 of the Government, which stipulates the number of Deputy Chairpersons and the structure of members of People's Committees at all levels; the Vietnamese-Chinese border provincial governments have directed border communes, wards, and towns to elect an additional Deputy Chairperson of the Commune People's Committee according to the regulations.

On October 21, 2003, the Government issued Decree No. 121/2003/ND-CP on the system of policies for cadres and civil servants at commune, ward, and town levels but did not provide specific provisions regarding the policies for dedicated border affairs staff at the commune level in Vietnamese-Chinese border communes; however, based on practical needs at the grassroots level, some provinces such as Ha Giang, Lao Cai, and Cao Bang have proactively guided the arrangement and utilization of these cadres.

The increase of 5% in staffing for border district levels compared to the current staffing ceiling, from 2003 onwards, the Ministry of Home Affairs has annually allocated this 5% staffing to the total state administrative staffing for the provinces.

d) On the organization of territorial administrative boundaries

From 2003 until June 2009, the Ministry of Home Affairs advised the Government to issue Decrees on adjusting territorial administrative boundaries for localities along the Vietnam-China border as follows:

- Province of Dien Bien: Adjusted the territorial administrative boundaries of Muong Lay District and Lai Chau Town, expanded and renamed Lai Chau Town (Dien Bien Province) to Muong Lay Town, renamed Muong Lay District and Muong Lay Town to Muong Cha District and Muong Cha Town; established communes and towns under Dien Bien and Dien Bien Dong Districts. In 2006, adjusted the territorial administrative boundaries to establish five communes under Muong Nhe District; adjusted the territorial administrative boundaries of communes and districts and established communes, expanded and renamed Muong Ang Town under Tuong Giai District, Muong Tra District; established Muong Ang District.

- Province of Lai Chau: Adjusted territorial administrative boundaries to establish communes under Sin Ho, Muong Te, Phong Tho, Tam Duong, Than Uyen Districts, dissolved Le Loi Ward to establish communes in order to stabilize administrative units for economic and social development. On April 8, 2008, the Government issued Decree No. 41/2008/NĐ-CP on adjusting territorial administrative boundaries to establish communes and towns under Than Uyen, Tam Duong, Muong Te Districts. Split Than Uyen District into two districts, Tan Uyen and Than Uyen, to create favorable conditions for economic and social development in the locality.

- Province of Cao Bang: In 2006, adjusted territorial administrative boundaries, established communes and towns under Ha Quang, Bao Lam, Ha Lang Districts. On December 13, 2007, the Government issued Decree No. 183/2007/NĐ-CP on adjusting territorial administrative boundaries of communes to establish communes and towns under Bao Lac, Thong Nong, Trung Khanh, Phuc Hoa Districts.

- Province of Quang Ninh: Adjusted territorial administrative boundaries of some communes, wards, districts, established communes, expanded towns under Yen Hung, Tien Yen, Dam Ha, Hai Ha Districts, Uong Bi City and Ha Long City. On April 6, 2007, the Government issued Decree No. 56/2007/NĐ-CP on establishing Hai Hoa Ward and Hai Yen Ward under Mong Cai City (now part of Mong Cai City).

- Province of Son La: On January 3, 2007, the Government issued Decree No. 01/2007/NĐ-CP on adjusting territorial administrative boundaries of communes to establish communes and towns under Muong La and Muong Chau Districts.

- Province of Ha Giang: Adjusted territorial administrative boundaries of communes and wards of Ha Giang Town and Vi Xuyen District.

Implementing the Prime Minister's directive on the overall planning of administrative units at district and commune levels; in 2005, the Ministry of Home Affairs proactively guided the 64 provinces and centrally-administered cities to develop plans for the overall planning of administrative units at district and commune levels until 2020, with the goal: to build a stable long-term system of administrative units at all levels in Vietnam that is suitable for the management capacity of the government and convenient for the daily life of the people, capable of developing the economy and society, and ensuring security and defense conditions. To date, the Ministry of Home Affairs has submitted these plans for consideration by the Party Cadre Members' Council and the Government.

Regarding the classification work of administrative units at all levels: The Ministry of Home Affairs proactively submitted to the Government for issuance of Decree No. 159/2005/NĐ-CP dated December 27, 2005 on the classification of administrative units at commune, ward, and town levels; Decree No. 15/2007/NĐ-CP dated January 26, 2007 on the classification of administrative units at provincial and district levels, aiming to ensure the stability of administrative units at provincial, district, and commune levels, enhance the effectiveness of local administrative management; and serve as a basis for formulating policies for economic and social development, building organizational structures of People's Councils and People's Committees at provincial and district levels and their specialized agencies; and establish a system of policies for cadres and civil servants appropriate to each level of administrative units.

3. General Assessment

Given the current socio-economic situation of localities along the Vietnam-China border, in the work of building a strong grassroots administration, it is necessary to clearly identify certain related issues;

First: The task of building and developing the economy and society, this is the foundation, determining national security, political stability, and social safety in the Northwest region. Therefore, it is necessary to develop and implement successfully the plan for economic and social development, bringing the entire region out of poverty and backwardness, mobilizing and guiding the people to return to live along the border.

- Besides state investment support, local authorities at all levels, especially grassroots authorities, must strive to improve themselves through their own efforts in investing in material infrastructure such as roads, schools, health stations, cultural houses... with the principle of "state and people working together". Guide ethnic groups in economic activities, gradually shifting from self-sufficient production to commodity production, changing the economic structure, planting crops, and raising livestock with high market value. Establish exemplary economic models and then expand them throughout the region, utilizing natural advantages to develop tourism, trade, and services, creating job opportunities and income for the people in the region, restoring traditional cultural values of ethnic minorities, expanding exchanges with communities across the country and internationally... to improve both material and spiritual living standards for the people and ethnic groups in the area.

- Pay more attention to investment in general education such as: Building schools, teaching and learning equipment, implementing policies to attract enough teachers to ensure that children of ethnic minorities can study continuously from kindergarten to high school right in their locality. Strengthen the primary healthcare network to better meet the initial health care needs of the people and ethnic minorities in the region.

Second: Regarding organizational work and cadres

It is necessary to clearly determine that in the work of building a clean and strong grassroots administration, cadre work is the core, including training, development, planning for human resources, and utilizing cadres, which cannot be dispensed with.

Given the specific characteristics of the Vietnam-China border area, which is particularly difficult economically and socially, with low education levels among the population and limited ability to absorb new things, building a clean and strong grassroots administration is the responsibility of the entire political system at the grassroots level, primarily the cadres of the grassroots administration. It is necessary to build and implement regulations on coordination between the Party organization, the Fatherland Front, the Administration, and political-social organizations within the grassroots political system in a synchronized manner.

There needs to be innovation in the operation methods of the People's Council and the management methods of the People's Committee at the commune level. To achieve this, it is first necessary to consolidate and improve the quality of the cadre and civil servant team at the commune level.

In the work of training and developing cadres and civil servants at the commune level: priority must be given to universalizing secondary education for the cadre and civil servant team at the commune level, innovating the content and curriculum of specialized vocational training, focusing on training and instruction to build a grassroots cadre team that is proficient and capable of resolving issues at the grassroots level using their own strength, without relying on higher levels.

Regarding the work of planning human resources for cadres: localities need to be proactive and take the initiative in the work of planning and developing human resources, and need to establish mechanisms and policies to select and send local children to study and supplement the cadre pool.

Third: Implementing democratic regulations at the grassroots level and administrative reform

Strengthening propaganda and popularization of laws to the people, the grassroots administration must publicly and democratically disclose information that the people should know, discuss, and inspect according to the provisions of the Ordinance on Implementing Democracy at the Grassroots Level. Creating conditions for the people to build communal cultural houses, legal bookcases, and enhancing community solidarity where they reside. Problem: Through practical inspections, it has been observed that in some provinces, there is still confusion and lack of specific task assignments to specialized departments and localities at the district and commune levels to implement the contents of Decision 120/2003/QĐ-TTg, leading to delays in implementation, thus causing many difficulties initially. Coordination with related Ministries and Departments has not been smooth and consistent in terms of implementation details. Currently, cooperation among Ministries and Departments has stabilized and become more rigorous in each field, aiding localities in implementing the contents of the Decision effectively. However, there remain several issues that need to be addressed such as insufficient implementation of training and development for cadres and civil servants in border communes, or if implemented, it has not been specific enough (not encouraging local ethnic minority children to attend professional schools, cultural classes, and vocational training...). The regulation stipulating one dedicated cadre for border affairs in the People's Committee of each commune currently lacks specific guidance on the system and policies, standards for border cadres, hence localities are unsure how to implement this task.

II. TASKS FOR THE LAST 6 MONTHS OF 2009 AND PLAN FOR 2010

To continue effectively implementing Decision 120/2003/QĐ-TTg dated June 11, 2003, of the Prime Minister regarding the approval of the Strategy for Economic and Social Development along the Vietnam-China Border. Based on assigned tasks, the Ministry of Home Affairs will continue to proactively coordinate with relevant ministries and provincial People's Committees along the Vietnam-China border to implement specific contents as follows:

1. Enhance the quality of activities of the People's Council and People's Committee at the commune level in innovating the content of sessions, performing decision-making and supervisory functions well; effectively managing and directing the People's Committee at the commune level in various economic and social fields.

2. Closely combine the construction and consolidation of the administration with the implementation of democratic regulations at the grassroots level and administrative reform. Link the consolidation and improvement of the grassroots administration with the enhancement of the quality of activities of the grassroots political system in communes, wards, and towns. Promote democracy, especially direct democracy of the people, and the people's right to supervise the administration and cadres, civil servants.

3. Emphasize the consolidation and improvement of the grassroots political system; intensify the work of developing party members, especially among ethnic minority groups and religious communities; ensure the active role of each community, establish close relations between the grassroots administration and village chiefs, elders in economic and social development, creating a solid people's defense and security posture.

4. Strengthen the work of training, development, and planning human resources for the grassroots administration suitable to the characteristics of ethnic minority areas. Intensify inspections at the grassroots level, listen to the opinions of the people to promptly identify and resolve conflicts arising in the community.

5. Proactively build and submit to the Government for promulgation Decrees to implement the contents of the Civil Servants Law dated November 13, 2008. Among these, particular attention should be paid to policies for cadres and civil servants in ethnic minority areas, border regions, and islands.

III. SOME PROPOSALS AND SOLUTIONS TO EFFECTIVELY IMPLEMENT DECISION 120/2003/QĐ-TTG OF THE PRIME MINISTER

1. Relevant Ministries and Departments need to study and issue detailed guidelines on requirements, standards, duties, systems, and policies for the position of cadres responsible for border affairs. According to Decision 120/2003/QĐ-TTg dated June 11, 2003 of the Prime Minister, the provision of assigning one dedicated cadre for border affairs in each border commune does not align with Decree 121/2003/NĐ-CP dated October 21, 2003 of the Government on the system and policies for commune, ward, and town cadres and civil servants. Therefore, the Ministry of Home Affairs suggests that in the short term, localities should arrange for the Commune Militia Commander or Deputy Commander to concurrently handle border affairs.

2. Strengthen training and capacity building for grassroots cadres and village cadres. Pay special attention to training local ethnic minority cadres in cultural knowledge, professional expertise, political theory, and state administration knowledge to meet prescribed standards. Emphasize the training of ethnic minority languages for Han cadres working in border areas with ethnic minorities in border communes between Vietnam and China.

3. Coordinate with relevant ministries and localities to review and supplement planning and invest strongly to consolidate and develop urban networks along the Vietnam-China border such as Lào Cai City (Lào Cai Province), Móng Cái City (Quảng Ninh Province), Đồng Đăng Town (Lang Son Province), Lai Châu Town (Lai Châu Province), Hà Giang Province, and Cao Bằng Province; consider and propose adjustment plans for administrative boundary delimitation for border districts and communes with large natural areas or particularly difficult infrastructure conditions.

4. Continue to implement well Decision No. 56/2006/QĐ-TTg dated June 12, 2006 of the Prime Minister on temporarily strengthening cadres and civil servants in key communes and districts in ethnic minority areas; Decision No. 28/2007/QĐ-TTg dated February 28, 2007 of the Prime Minister on training cadres and civil servants in communes, towns, and wards in northern mountainous provinces from 2007 to 2010 to effectively address issues related to economic and social development and national defense security.

5. Regarding supplementation and increase in cadre staffing for border district and commune levels:

- For border districts: Decision No. 120/2003/QĐ-TTg has stipulated the application of an additional 5% of management staff for border districts compared to the regulations, which is not appropriate and lacks scientific basis. In practice, some districts have only one border commune while others have dozens of border communes. Therefore, the Ministry of Home Affairs proposes that the Government consider and decide from 2008 that border districts will be increased in administrative management staff based on the number of current border communes within their jurisdiction, specifically: 1 staff member/1-2 border communes to ensure sufficient cadre resources for the district to implement policies to strengthen cadres with qualifications in key communes, especially border areas (this mechanism applies to adjustments and supplements for both the Vietnam-Laos and Vietnam-Cambodia borders).

- For border communes, towns, and wards:

Implementing the task assigned by the Prime Minister: “The Ministry of Home Affairs shall take the lead in coordinating with relevant ministries, sectors, and localities to study the overall proposal on the system and policies for grassroots cadres; proposing solutions to amend and supplement Decree No. 121/2003/NĐ-CP on policies for commune, town, and ward cadres to submit to the Prime Minister for consideration and decision.”. The Ministry of Home Affairs has submitted to the Prime Minister the draft overall proposal on the system and policies for grassroots cadres and the drafting of a decree to replace Decree No. 121/2003/NĐ-CP; according to the plan, the maximum number of commune-level cadres and civil servants for type I communes will be arranged up to 25 people (as stipulated in Decree No. 159/2005/NĐ-CP dated December 27, 2005 of the Government on the classification of commune-level administrative units, which stipulates that communes in border and island areas are classified as type 1 communes).

6. Continue to urge and inspect localities along the three land borders adjacent to China, the People's Democratic Republic of Laos, and the Kingdom of Cambodia to implement well the contents related to the functions and tasks of the Ministry of Home Affairs according to Decision No. 120/2003/QĐ-TTg dated June 11, 2003 of the Prime Minister on approving the Strategy for Economic and Social Development along the Vietnam-China Border until 2010 and Decision No. 160/2007/QĐ-TTg dated October 17, 2007 of the Prime Minister on approving the Proposal for Economic and Social Development in Vietnamese-Lao and Vietnamese-Cambodian Border Communes.

7. Continue to perfect and submit to the Government for approval and issuance: the overall proposal on the system and policies for grassroots cadres, a decree to replace Decree No. 121/2003/NĐ-CP on the system and policies for commune, town, and ward cadres and civil servants, and a decree to replace Decree No. 114/2003/NĐ-CP on commune, town, and ward cadres and civil servants.

The above is the result of the first six months of 2009 and six years (2003-2009) in implementing the assigned tasks under Decision No. 120/2003/QĐ-TTg, the Ministry of Home Affairs reports this to the Ministry of Planning and Investment for consolidation and reporting to the Central Steering Committee 120 and the Prime Minister./.