Decision No. 121/2003/QĐ-TTg approves the Program to research the role, functions, and organizational structure of agencies within the state administrative system for Phase I (2003 - 2005).

Pursuant to …;

Approving the program to research and determine the roles, functions

and organizational structure of agencies within the administrative system

of the state for phase I (2003 - 2005)

______________________

 

PRIME MINISTER

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

Pursuant to Decision No. 136/2001/QĐ-TTg dated September 17, 2001 of the Prime Minister approving the overall program for administrative reform of the state for the period 2001 - 2010;

At the proposal of the Minister of Home Affairs,

DECISION:

Article 1. Approves the Program to Research and Determine the Roles, Functions and Organizational Structure of Agencies within the Administrative System of the State for Phase I (2003 - 2005).

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Minister of Home Affairs, the Ministers and Heads of Ministries, Heads of agencies equivalent to ministries, Heads of agencies under the Government, Chairpersons of provincial people's committees directly under the central government shall be responsible for implementing this Decision./.

 

 

PROGRAM

RESEARCH AND DETERMINE THE ROLES, FUNCTIONS AND

ORGANIZATIONAL STRUCTURE OF AGENCIES IN

THE ADMINISTRATIVE SYSTEM OF THE STATE
(Annexed to Decision No. 121/2003/QĐ-TTg dated June 11, 2003 of the Prime Minister)

I. CONTEXT OF THE PROGRAM

In recent times, the Government and the Prime Minister have focused on directing administrative reform in general and the restructuring of administrative machinery from central to local levels to implement the Resolutions of the Third Plenum of the Seventh Party Congress, the Eighth Plenum of the Seventh Party Congress, and the Third Plenum, Sixth Plenum (second session), and Seventh Plenum of the Eighth Party Congress. After each implementation of these resolutions, the state administrative apparatus has gradually become more streamlined and operated more effectively, making significant contributions to the country's economic and social reforms and development. However, to meet the new requirements for managing the economy and society during the period of industrialization and modernization, it is essential to continue to intensify the reform of the organizational structures of agencies within the state administrative system according to the Resolution of the Ninth National Party Congress. Therefore, in the overall program for administrative reform of the state for the period 2001 - 2010 (Decision No. 136/2001/QĐ-TTg dated September 17, 2001), researching and determining the roles, functions, and organizational structures of agencies within the state administrative system is one of seven important action programs. The program to research and determine the roles, functions, and organizational structures of agencies within the state administrative system from 2003 to 2010 is divided into two phases: Phase I from 2003 to the end of 2005 and Phase II from 2006 to the end of 2010 with key contents and tasks for each phase. From now until the end of 2005, efforts must be concentrated on achieving the urgent goals set out in Phase I (2003 - 2005). Based on the results and experience of this phase, continue to develop and implement the content of the program for the next phase.

1. Basic results of organizational reform:

a) There have been significant changes in the functions and responsibilities of the Government, ministries, and local administrative agencies at all levels, adapting to the new mechanism in a socialist-oriented market economy.

The functions and responsibilities of the administrative organization system have gradually been reformed, adjusted, and supplemented according to the requirements of administrative management in a market economy. The most notable result is that the state administrative apparatus at all levels has gradually shifted towards performing the function of state administrative management. Both in terms of understanding and practical activities, the macro-management role of the Government and ministries in the process of economic and social development has become clearer. The Government and ministries have focused more on policy and legal construction. The Government has directed ministries and sectors to build and implement strategies, plans, and comprehensive economic and social development plans for the entire country and each sector, region, and strengthen supervision and inspection of compliance and implementation throughout society. Local administrative agencies have also gradually shifted towards performing the function of state administrative management, focusing on planning and implementing economic and social development plans in their respective areas, organizing administrative reform, implementing democratic regulations, restructuring specialized agencies, restructuring state-owned enterprises, and strengthening guidance, control, and supervision and inspection according to the role and function of state administrative management at the local level.

Separating and separating the activities of state administration of administrative agencies from the management of production and business operations of enterprises to fulfill the role and function of public authority, reducing inappropriate intervention in the production and business process. This is clearly reflected through the operation of the activities of the General Companies 90, 91, and especially the issuance of the Law on State-Owned Enterprises.

The Government and the Prime Minister have delegated powers to ministries, sectors, and local authorities in fields such as domestic and foreign investment, land management, appraisal and establishment of state-owned enterprises, and the establishment of associations and non-governmental organizations, etc.

b) Reorganization and adjustment of the organizational structure of the Government (ministries, agencies equivalent to ministries) and agencies under the Government according to the Law on the Organization of the Government in 2001; gradually reorganizing the structure of specialized agencies under the People's Committees to make them more streamlined and operate with better quality, effectiveness, and efficiency. Specifically:

- There have been significant adjustments in the model of the Government's organization, the internal structure of ministries and sectors, shifting from a single-sector management model mainly for the state economic component to a multi-sector national management model covering all economic components.

- Certain central-level fields requiring centralized and unified management vertically and decentralization and transfer of some tasks and organizations to local management have been identified.

- The number of ministries, agencies equivalent to ministries, and agencies under the Government has been reduced, operating more effectively.

c) The mode of operation, guidance, and management by the Government and administrative agencies at all levels have been adjusted to align with the role and functions of state management in a market economy mechanism, participation in international and regional integration.

The Government has innovated and focused on macro-level guidance and management for the entire society through the establishment and issuance of institutional frameworks, policies, strategies, planning, and monitoring implementation; gradually reducing intervention in specific matters within the jurisdiction and responsibility of ministries, sectors, and local authorities.

2. Existing weaknesses:

a) The system of regulations concerning the functions and content of activities of agencies within the state administrative system have been slow to reform, overlapping and duplicating, many issues still not in line with the transition to an economic and social management mechanism and a socialist-oriented market economy.

b) The delegation of authority and responsibility for state management between the Government and ministries, agencies equivalent to ministries, agencies under the Government, and local authorities has been slow and ineffective, lacking clarity and rationality.

c) The administrative machinery still has numerous points of contact and layers, lacking the necessary unity of the administrative system and rationality both vertically and horizontally; operations are inefficient; guidance and management still have many shortcomings, failing to keep up with new requirements for socio-economic development.

3. Causes of weaknesses:

a) Insufficient scientific theoretical foundations regarding the organizational structure of the state administrative apparatus when transitioning to a market economy under the condition of a single ruling party; inadequate serious summation and learning from experience to draw reliable conclusions about organizational changes to serve as a basis for fundamentally improving the state administrative organizational system in accordance with actual circumstances in each stage.

b) Leadership and guidance on organizational work remain fragmented and localized, sometimes even divided and arbitrary in certain areas, lacking firmness and focus when implemented, and being hesitant towards difficulties and complexities.

c) Due to lack of synchronization in organizational structures, operational mechanisms, and necessary criteria and procedures for establishing new organizations, restructuring, adjusting, and dissolving old ones; as well as regulations on accountability systems for organizations and individuals in charge of state administrative agencies that are no longer suitable for current organizational reform requirements.

II. OBJECTIVES AND REQUIREMENTS OF THE PROGRAM

1. Objectives

The program's objectives aim to continue perfecting the organizational structure of the state administrative apparatus in accordance with the spirit of the Government Organization Law of 2001 and the People's Councils and People's Committees Organization Law; building and submitting to the Government and Prime Minister draft normative legal documents and proposals for the government structure for the XIIth term in the direction of: The Government and ministries, agencies equivalent to ministries focusing on the function of formulating and issuing institutional frameworks, plans, policies, and macro-management for socio-economic development; guiding and supervising implementation; clearly defining the authority and responsibilities of different levels of government; streamlining the apparatus to meet the requirements of managing a socialist-oriented market economy.

2. The remaining 60% shall be used to supplement the operating funds of units directly responsible for public debt management at the Ministry of Finance (outside the regular state budget allocation for ongoing operations as currently provided) for the purposes specified in Article 4 of this Decision.

a) Accurately and clearly define the functions, tasks, authority, and responsibilities of the Government, ministries, agencies equivalent to ministries, agencies under the Government, and People's Committees at various levels in a socialist-oriented market economy.

b) Continue to reform the organizational structure of the Government and the administrative machinery of local governments in line with administrative reform principles to suit the new economic mechanism; ensuring a clean, modern administration operating effectively and efficiently, meeting the requirements of national socio-economic development tasks.

The organizational structure of administrative agencies will be adjusted based on distinguishing the functions and methods of operation of advisory units, policy enforcement units, and public service provision units.

c) By 2005, basically clarify the division of administrative management authority between central and local levels, and among different levels of local government, proceeding with decentralization where localities can perform well and have legal frameworks to regulate and control. Decentralization of authority must be clear, tied to responsibility, conditions for implementation, and enhanced supervision.

d) Clearly define the functions, tasks, powers, and administrative machinery of local government in urban and rural areas and grassroots administrations. Specialized agencies under People's Committees at all levels will be streamlined according to the principle of multi-sectoral management in line with the Government Organization Law of 2001 and the People's Councils and People's Committees Organization Law.

III. MAIN CONTENTS OF THE PROGRAM

To implement this program, it is necessary to build and direct the implementation of the following projects:

Project 1: Decentralization of Administrative Management Authority Between Central and Local Levels

1. Objectives of the Project:

Decentralization of administrative management authority between central and local levels aims to clearly and specifically define the tasks, authority, and responsibilities of each level in the state administrative system; promote dynamism, creativity, autonomy, and self-responsibility of each level of local government in solving people's affairs quickly and smoothly, contributing to enhancing the effectiveness of state management and socio-economic development at each locality and nationwide.

2. Requirements for Implementing the Project:

a) Emphasize the view that state power is unified, with clear division and decentralization, ensuring the Government's unified management over institutional frameworks, policies, strategies, planning, inspection, and auditing; while also promoting the autonomy and self-responsibility of each level of government in implementing development goals and socio-economic management within their jurisdictions.

b) Ensure efficiency in handling affairs and serving the people; delegate tasks to the level that performs them more effectively; decentralization must be clear in terms of tasks, locations, and responsibilities linked to the functions and tasks of each level.

c) Consistent with the level of economic and social development at each stage, with the characteristics of each industry and field, with the features of each type of administrative unit in urban and rural areas, and ensuring coordination and alignment among related industries and fields.

d) Ensuring correspondence between tasks, authority, responsibility, financial resources, and personnel to carry out delegated works.

đ) Strengthening the responsibility of the People's Council in deciding delegated tasks; implementing autonomy and self-responsibility of grassroots units and linking it with institutional and policy reforms.

3. Content of the Implementation Plan:

a) Surveying and evaluating the current status of central and local delegation work; delegation management between levels of local government.

b) Analyzing the causes and obstacles of delegation management between central and local levels, clarifying both objective and subjective reasons regarding perception, viewpoints, systems, and implementation guidance.

c) Proposing the content of delegation:

- Clearly identifying certain industries and fields that need centralized management by the central government organized vertically (clarify conditions and criteria).

- Determining the degree of delegation for local governments according to groups of industries and fields. Fields strongly delegated to localities, fields delegated with limited extent in the direction:

+ Identifying types of work that only commune-level authorities perform.

+ Identifying types of work that only district-level authorities perform.

+ Identifying types of work that only provincial-level authorities perform.

+ Identifying types of work that all central, provincial, district, and commune-level authorities jointly perform.

The contents to be delegated are divided into two levels: central with provincial, provincial with district, commune, and focusing on the following fields:

+ Economy and technology (finance-budget; investment planning; land, construction; specialized economic and technological sectors).

+ Social culture (culture, information, sports; education-training; people's health care; labor-social affairs).

+ Cadre and civil servant organization (administrative agencies, public service organizations; staffing; cadre, civil servant, and public official management).

4. Assignment of Implementation:

Leading agency:

- Ministry of Home Affairs, Government Office: responsible for organizing and directing the implementation of this Plan and directly implementing the tasks specified in points a and b of Clause 5 of Plan 1.

- Each ministry, ministerial-level agency, and agency under the Government shall develop plans for delegation management within their respective industries and fields as stipulated in point c of Clause 5 of Plan 1.

Supporting agencies: relevant agencies and some local governments.

5. Products of the Plan:

a) Plan on central and local delegation.

Completion time: third quarter of 2003.

b) Draft Resolution of the Government on central and local delegation for industries and fields.

Completion time: third quarter of 2003.

c) Draft Decree of the Government on state administration delegation for industries and fields (each ministry and sector shall submit to the Government for delegation management of their respective industries and fields according to the progress specified in the Government's Resolution on central and local delegation, ensuring completion of delegation by 2005), ensuring basic completion of delegation by 2005.

Completion time: from 2003 to 2005.

Plan 2: Research and improvement of the organizational structure of the Government; continue reorganizing agencies under the Government for the period 2006-2010

1. Objectives of the Plan

Building scientific and practical foundations and solutions to improve the functions and organizational structure of the Government during the XIIth term; continuing to reorganize agencies under the Government for the period 2006-2010.

2. Requirements for Implementing the Project:

a) Establishing a streamlined, rational organizational structure of the Government based on the principle of ministries managing multiple industries and fields, primarily performing macro-management functions over society through laws, policies, guidance, and supervision.

b) Significantly reducing agencies under the Government and organizations directly under the Prime Minister. Only maintaining a few specialized agencies under the Government serving the macro-management functions of the Government.

3. Content of the Implementation Plan:

a) Surveying and statistically analyzing the tasks currently performed by the Government and evaluating them.

b) Defining the scope of state management by the Government within a market economy mechanism.

c) Clarifying the role and functions of the Government at the following levels:

- Tasks that the Government must undertake and can only be undertaken by the Government.

- Tasks involving both the Government and the people, political-social organizations, and non-governmental organizations.

- Tasks that the Government may not participate in.

- Tasks left solely to the people and non-governmental organizations.

- Analyzing the division of responsibilities of the Government among ministries, ministerial-level agencies, and agencies under the Government regarding the content and scope of state management.

d) Developing a Plan for the organizational structure of the Government during the XIIth National Assembly term.

4. Assignment of Implementation:

- Leading agency: Ministry of Home Affairs, Government Office.

- Supporting agencies: relevant ministries and sectors.

5. Products of the Plan:

a) Report on investigation and analysis of the functions, tasks, and organizational structures of the Government and ministries, ministerial-level agencies, and agencies under the Government after the Law on the Organization of the Government in 2001.

Completion time: 2005.

b) Summary of the organizational structure of the Government during the XIth National Assembly term.

Completion time: 2005.

c) Solutions for continued reorganization of agencies under the Government for the period 2006-2010.

Completion time: 2005.

d) Plan for the organizational structure of the Government during the XIIth National Assembly term.

Completion time: 2005.

Plan 3: Research on internal organizational structures of ministries, ministerial-level agencies, and agencies under the Government

1. Objectives of the Project:

Building scientific and practical foundations for the reorganization of internal organizational structures of ministries, ministerial-level agencies, and agencies under the Government to continue adjusting the internal organizational structures of these entities for the period 2003-2005 and laying the groundwork for completing internal structures of ministries and ministerial-level agencies for the period 2006-2010.

2. Requirements for Implementing the Project:

a) Separating administrative organizations from public service organizations.

b) Defining the nature and types of subordinate organizations for advisory and law enforcement purposes.

c) Streamlining and rationalizing the organizational structure to match the functions and tasks of state management of each agency.

3. Content of the Implementation Plan:

a) Establishing principles, criteria, and conditions for reorganizing organizations tasked with advisory and law enforcement functions.

b) Establish principles and criteria for classifying administrative organizations and public service organizations.

c) Establish principles and criteria for organizing universities, colleges, vocational high schools, and scientific research institutes and hospitals under ministries, ministerial-level agencies, and government agencies.

4. Assignment of Implementation:

- Leading agency: Ministry of Home Affairs, Government Office.

- Supporting agencies: relevant ministries and sectors.

5. Products of the Plan:

a) Report on the current status and activities of organizational units under ministries, ministerial-level agencies, and government agencies.

Completion time: first quarter of 2004.

b) Draft Decision of the Prime Minister on principles and criteria for organizing universities, colleges, vocational high schools, and scientific research institutes under ministries, ministerial-level agencies, and government agencies.

Completion time: first quarter of 2004.

c) Draft Decision of the Prime Minister on principles, criteria, and conditions for organizing advisory and law enforcement organizations.

Completion time: first quarter of 2004.

d) Draft Decision of the Prime Minister on classifying administrative and public service organizations.

Completion time: first quarter of 2004.

Project 4: Determining the functions, tasks, and authorities of people's committees at all levels.

1. Objectives of the Project:

a) Establish practical foundations and provide scientific arguments to serve the amendment of the Law on the Organization of People's Councils and People's Committees.

b) Establish the functions, tasks, and authorities of provincial, district, and commune-level people's committees according to the spirit of the Law on the Organization of People's Councils and People's Committees.

2. Content of Implementation of the Project:

a) Survey and evaluate the current status of the functions, tasks, and authorities of people's committees at all levels.

b) Identify the characteristics and nature of economic and social management in urban and rural areas.

c) Re-determine the tasks and authorities of urban and rural governments; the tasks and authorities of grassroots governments; clearly define the tasks and authorities of people's committees and their chairpersons at provincial, district, and commune levels.

3. Assignment of Implementation:

- Leading agency: Ministry of Home Affairs, Government Office.

- Coordinating agency: the Committee for Legal Affairs of the National Assembly, relevant agencies, and some localities.

4. Products of the Project:

a) Report on the evaluation of the operation of People's Councils and People's Committees at all levels (before the first quarter of 2004).

b) Project on the functions, tasks, and authorities of people's committees at all levels.

Completion time: first quarter of 2004.

c) Draft Decree of the Government stipulating the functions, tasks, and authorities of provincial-level people's committees.

Completion time: second quarter of 2004.

d) Draft Decree of the Government stipulating the functions, tasks, and authorities of district-level people's committees.

Completion time: second quarter of 2004.

đ) Draft Decree of the Government stipulating the functions, tasks, and authorities of commune-level people's committees.

Completion time: second quarter of 2004.

Project 5: Organizing and restructuring specialized agencies under provincial and district people's committees.

1. Objectives of the Project:

Improve the organization of specialized agencies under provincial and district people's committees in accordance with the Law on the Organization of the Government in 2001 and the Law on the Organization of People's Councils and People's Committees.

2. Requirements of the Project:

a) Organize specialized agencies across multiple fields.

b) Specify specialized agencies under people's committees that localities need to establish and guide the organization of certain specialized agencies for the Provincial People's Council to decide in accordance with the specific characteristics of each locality.

c) Clearly define the functions of each specialized agency in line with the spirit of administrative reform.

3. Content of the Implementation Plan:

a) Survey and evaluate the current status and implementation experience regarding the organization of specialized agencies.

b) Develop models for organizing specialized agencies under provincial and district people's committees; specify the functions of these specialized agencies.

4. Assignment of Implementation:

ư- Leading agency: Ministry of Home Affairs, Office of the Government.

- Coordinating agency: relevant ministries and some localities.

5. Products of the Plan:

a) Report on the results of surveys on the organization and operation of specialized agencies and recommendations for improvement.

Completion time: second quarter of 2004.

b) Draft Decree of the Government on the organization of specialized agencies under provincial and district people's committees.

Completion time: second quarter of 2004.

IV. IMPLEMENTATION

1. Assignment of Implementation:

- Leading agency: Ministry of Home Affairs, Government Office.

- Coordinating agency: ministries, sectors, and some localities.

2. Progress of Implementation:

The time frame for the program has been determined in each project. By the end of 2005, organize a comprehensive review and evaluation of the implementation results and continue to develop an action program for phase II (2006-2010).

3. Resources for Implementing the Program:

- Regarding human resources: utilize the cadre and civil servants currently working in the field of organizational management in the Ministry of Home Affairs, Office of the Government, and related ministries, sectors, and localities; combine efforts to seek support from domestic and foreign consultants when implementing projects under the program.

- Regarding financial resources to ensure the implementation of the program:

Based on the program approved by the Prime Minister, the Ministry of Finance will coordinate with the Ministry of Planning and Investment to allocate budget funds to ensure the implementation of the program according to the annual plan of the Ministry of Home Affairs.

4. Steering Committee of the Program:

Establish the Steering Committee of the Program including:

- Comrade Deputy Minister of the Ministry of Home Affairs as the Head of the Program.

- Deputy Heads of the Program: one Deputy Director of the Office of the Government and one Deputy Minister of the Ministry of Finance.

- Secretariat consisting of two officials at the Department level from the Department of Organization and Establishment (Ministry of Home Affairs), the Department of Administrative Reform (Office of the Government), and some officials and experts from the Department of Organization and Establishment, the Department of Local Administration, the Institute of State Organization Science, the Department of Administrative Reform (Ministry of Home Affairs), the Department of Administrative Reform, the Department of Legal Affairs (Office of the Government), the Department of Criminal and Administrative Law (Ministry of Justice).

The operational regulations and detailed organization of the Steering Committee of the Program shall be issued by the Ministry of Home Affairs after reaching consensus with the Office of the Government and the Ministry of Finance.