Decision No. 30/2005/QD-BTS on the Issuance of the Regulation on Implementing Democracy in the Activities of the Ministry of Fisheries' Agencies

DECISION OF THE MINISTER OF AQUATIC RESOURCES

Regarding the Issuance of the Regulation on Implementing Democracy in the Activities of the Ministry of Fisheries

 

MINISTER OF AQUATIC RESOURCES

 

Pursuant to Decree No. 43/2003/NĐ-CP dated May 2, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Fisheries;

Pursuant to Decree No. 71/1998/NĐ-CP dated September 8, 1998 of the Government promulgating the regulation on implementing democracy in the activities of agencies; Circular No. 10/TCCP-TCBC dated December 5, 1998 of the Civil Service Personnel Committee guiding the implementation of Decree No. 71/1998/NĐ-CP of the Government;

At the proposal of the Director of the Office and the Head of the Cadre and Civil Servant Department,

 DECISION:

 Article 1. The accompanying this Decision is the Regulation on Implementing Democracy in the Activities of the Ministry of Fisheries.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. All previous regulations that conflict with this Regulation are hereby abolished.

Article 3. The Director of the Ministry's Office, Heads of Departments, Inspectors General of the Ministry, and related units are responsible for enforcing this Decision.

 

REGULATION ISSUED

 

IMPLEMENTING DEMOCRACY IN ACTIVITIES

OF THE MINISTRY OF FISHERIES

(Issued together with Decision No. 30/2005/QĐ-BTS dated December 1, 2005)

of the Minister of Aquatic Resources)

PART I

GENERAL PROVISIONS

 

Article 1. Purpose, Object, and Scope of Application.

1. Purpose: The Regulation on Implementing Democracy in the Activities of the Ministry of Fisheries (hereinafter referred to as the Ministry) aims to promote the rights of civil servants, contribute to building a clean and strong agency, build a cadre of civil servants who are public servants of the people, having sufficient qualities and capabilities to work efficiently, effectively, and productively, meeting the requirements of reform and development of the country; prevent and combat corruption, waste, bureaucracy, harassment, and abuse of power; and fulfill the tasks of the agency.

2. Object of application: The Regulation on Implementing Democracy in the Activities of the Ministry of Fisheries applies to:

a) The Minister of Fisheries

b) Deputy Ministers of Fisheries

c) Heads and civil servants of Departments, Inspectors General, and the Office of the Ministry of Fisheries.

3. Scope of application: This Regulation applies to Departments, Inspectors General, and the Office of the Ministry of Fisheries. Units under the Ministry may apply this Regulation in accordance with their specific characteristics and other relevant State regulations.

Article 2. Principles of Implementation of the Regulation.

1. Promote the rights of civil servants while ensuring the leadership of the Party Cadre Council and the Party Committee of the Ministry, adhering to the principle of centralized democracy, implementing the chief executive system, and promoting the role of trade unions, the Ho Chi Minh Communist Youth Union, and other mass organizations within the Ministry.

2. Democracy must be within the framework of the Constitution and laws. Promote democracy while firmly dealing with actions that exploit democracy to violate the Constitution and laws, infringe upon the freedom and democratic rights of civil servants within the agency and the people, and obstruct the implementation of democracy at the Ministry.

Chapter II

DEMOCRACY WITHIN THE AGENCY

Section 1

RESPONSIBILITIES OF THE MINISTER

Article 3. Responsibility Regime

1. The Minister of Fisheries (hereinafter referred to as the Minister) is a member of the Government, the head, and the chief executive of the Ministry of Fisheries. The Minister leads the activities of the Ministry of Fisheries according to the chief executive system and the working regulations of the Ministry of Fisheries. The Minister is accountable to the Prime Minister and the National Assembly for managing the sector and field nationwide; and performs duties and exercises powers as prescribed by the Law on the Organization of the Government and Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government.

2. Deputy Ministers assist the Minister and are assigned by the Minister to direct certain aspects/fields of work and are accountable to the Minister for the assigned tasks. When the Minister is absent, a Deputy Minister appointed by the Minister shall preside over the handling of the Ministry's affairs.

Article 4. Responsibilities in directing and managing operations.

1. Weekly, the Minister organizes meetings to review the week's work of the Ministry's agency; discusses plans for the upcoming week's work and resolves other matters. The Minister is responsible for listening to and respecting the opinions and contributions of meeting participants.

2. Every six months and annually, the Minister evaluates the work of the Departments, Inspectorate, and the Ministry's Office, clearly identifying existing causes and proposing solutions to enhance the initiative of officials and civil servants, address bureaucratic practices, favoritism, corruption, harassment of citizens, and weaknesses in the implementation of tasks, plans, laws, policies, systems, internal regulations, and rules of the agency.

3. The Minister implements democracy and transparency in assigning and delegating tasks and authorities to Deputy Ministers, heads of Departments, the Inspectorate, and the Ministry's Office, ensuring compliance with their prescribed functions, duties, and authorities.

Directs the development, issuance, and public announcement of the operational rules of the Fisheries Ministry and other rules as stipulated by law.

Article 5. Strengthening the activities of People's Inspection within the agency.

The Minister directs the heads of units to closely cooperate with the Trade Union of the Ministry's agency, improve and create conditions for People's Inspection to operate according to the law, thereby promoting the rights and obligations of officials and civil servants participating in inspection and supervision of unit activities.

Article 6. Listening to feedback, suggestions, and proposals from officials and civil servants.

1. The Minister listens to feedback, suggestions, and proposals from officials and civil servants through the following methods:

a) Through the head of the unit collecting opinions of officials and civil servants at the unit;

b) Through regular meetings and annual staff conferences of the Ministry's agency;

c) Through letters of suggestion and feedback from officials, civil servants, and citizens;

d) Regularly meeting monthly to listen to the opinions of officials and civil servants as stipulated in the Public Reception Rules.

2. The Minister is responsible for adopting and assigning relevant units to study and respond to feedback, suggestions, and proposals. There must be no acts of reprisal against officials and civil servants who have made critical comments.

Article 7. Relations with the Party Committee and mass organizations.

1. The Minister is responsible for implementing resolutions of the Executive Board and maintaining regular relations with organizations and mass groups as prescribed.

2. Creating conditions for the Party Committee and mass organizations to work.

3. Studying and responding to proposals from the Party Committee and mass organizations; regularly reporting on the results and activities of the unit; inviting representatives of the Party Committee and mass organizations to participate in related meetings.

Article 8. Implementing provisions on financial transparency and efficient use of assets of the agency, saving allocated funds.

1. Financial allocation indices for units under the Ministry and localities must be based on proposals from localities and institutions and approved by the collective leadership of the Ministry, in accordance with budget capacity and state regulations. Financial allocations or those related to finance must be publicly announced to the units concerned.

2. Purchases of equipment, means, and assets that require bidding must be conducted in accordance with bidding regulations. Asset disposal by the agency must be publicly announced and carried out in accordance with state regulations.

3. Based on state regulations on asset management, utilization, reallocation, and disposal, the Minister assigns the Director of the Ministry's Office to establish specific asset usage regulations, ensuring efficiency and preventing loss and waste.

4. Every six months and annually, the Ministry's Office reports to the Minister and, upon the Minister's authorization, informs units within the Ministry about the situation regarding asset, financial, fuel, and technical equipment usage (detailing sources of income, expenditures, anti-waste measures and thrift practices, exemplary units and individuals, violators; proposing measures to promote strengths and rectify errors).

Article 9. Prevention and suppression of corruption.

1. The Minister within the scope of their duties and authority shall be responsible for implementing measures to prevent, suppress, and handle acts of corruption; create conditions for competent agencies and organizations to deal with individuals who commit acts of corruption; bear responsibility according to the provisions of the law in cases where they fail to fulfill their responsibilities leading to corruption occurring within their agency.

2. Heads of units assisting the Minister shall organize the implementation of state regulations, the Ministry's work rules, and monitor daily activities of officers and civil servants under their management to promptly detect, prevent phenomena of corruption, abuse of power, and violations of the provisions that officers and civil servants are not allowed to perform as stipulated in the Civil Servant Ordinance.

Article 10. Organizing Staff and Civil Servants' Conference.

The Minister directs the Director of the Ministry's Office to coordinate with Departments, the Ministry's Inspectorate, the Permanent Board for Competitiveness Promotion, and the Trade Union of the Ministry to prepare the content and schedule the staff and civil servants' conference to be held in the first quarter of each year.

The organization of the staff and civil servants' conference must be carried out in accordance with the joint Circular No. 09/1998/TTLT-TCCP-TLĐTL dated December 4, 1998, issued by the Government's Organization and Cadre Department and the Vietnam General Confederation of Labor guiding on the organization and content of staff and civil servants' conferences in agencies, and other relevant legal provisions.

Section 2

RESPONSIBILITIES OF DEPARTMENT HEADS AND EQUIVALENT LEVELS

Article 11. Responsibility System:

1. Department Heads and Equivalent Levels (hereinafter referred to as Department Heads) are managers and directors of unit operations under the head system, responsible to the Minister and Deputy Ministers in charge for all activities of the unit regarding the performance of official duties by officers and civil servants under their management as prescribed by law.

2. Deputy Department Heads and Equivalent Levels (hereinafter referred to as Deputy Department Heads) assist Department Heads, assigned by Department Heads to oversee certain aspects of work and are responsible to Department Heads for the tasks assigned. When the Department Head is absent, a Deputy Department Head may be authorized by the Department Head to lead the unit's work.

Article 12. Management of Officers and Civil Servants.

1. Department Heads and Equivalent Levels assist the Minister in directly managing officers and civil servants in the units they are responsible for; have the responsibility to assign tasks to each officer and civil servant in the units they manage.

Annually, heads of units are responsible for reporting to the Minister or Deputy Minister in charge on ideological aspects, moral character, utilization, training, and implementation of policies and benefits for officers and civil servants under their management.

2. Every six months and at the end of the year, the Department of Personnel Management reports to the Minister on the implementation of staffing plans, transfers, promotions, rewards, punishments, implementation of rank and grade advancement systems, competitive examinations, and policies and benefits for officers and civil servants in the Ministry.

Article 13. Evaluation of Officers and Civil Servants.

Annually, Departments, the Inspectorate, and the Ministry's Office implement evaluations and assessments of officers and civil servants in accordance with the Civil Servant Ordinance and the Ministry of Home Affairs.

The annual periodic evaluation of officers and civil servants is conducted as follows:

1. Officers and civil servants write self-assessment reports on their work, including the following main contents:

a) Compliance with state policies, laws, and regulations.

b) Specific tasks performed during the year, assessment of the quality and effectiveness of these tasks; leaders of officers and civil servants also need to evaluate their leadership of the team during the year.

c) Organizational discipline awareness and honesty in work.

d) Moral character, lifestyle, and learning spirit.

e) Work relations and coordination.

2. The collective workplace where officers and civil servants work provide opinions on their self-assessment reports.

3. The Minister directly records the annual periodic assessment and evaluation of Deputy Ministers, Department Heads, and Equivalent Levels; Unit Heads (Departments and Equivalent Levels) directly record the annual periodic assessment and evaluation of officers and civil servants under their management. Unit Heads are responsible for informing each officer and civil servant about the evaluation opinions and keeping their personnel files as prescribed. Officers and civil servants have the right to express their opinions to their direct superiors regarding the annual periodic evaluation.

Section 3

RESPONSIBILITIES OF OFFICERS AND CIVIL SERVANTS

Article 14. Fulfillment of duties by civil servants.

Civil servants must strictly fulfill the duties prescribed in Article 6 of the Civil Servants Ordinance and bear legal responsibility before the law and directly to their superiors regarding the performance of their tasks and official duties.

Article 15. Compliance with superior directives and guidance.

Civil servants must comply with the working regulations of the Ministry's agency and follow the directives of the unit's head.

In cases where civil servants have differing opinions from decisions made by superiors, they have the right to present their views, retain their positions, or report upwards; however, once a decision has been made by the direct supervisor, they must comply and are not held responsible for the consequences of implementing that decision.

Article 16. Self-criticism and criticism.

1. Civil servants must adopt a self-critical attitude towards themselves and frankly criticize negative attitudes and behaviors within the organization. In their annual self-assessment reports, they must truthfully record their strengths and weaknesses according to the contents specified in the Annual Civil Servant Evaluation Regulations issued together with Decision No. 11/1998/TCCP-CCVC dated December 5, 1998, of the Minister - Head of the Government’s Civil Service Organization Department (now the Ministry of Home Affairs).

2. Civil servants have the right and responsibility to contribute opinions reflecting negative phenomena such as waste, corruption, and violations of democratic regulations to the leadership of the Ministry. The leadership is responsible for preventing and dealing with these negative phenomena.

Unit heads are responsible for organizing and creating conditions for subordinates to carry out self-criticism and criticism within the organization.

Section 4

THINGS THAT CIVIL SERVANTS MUST BE INFORMED ABOUT

Article 17. Matters to be disclosed to civil servants.

1. The Party's policies and State laws related to the work of the agency and the management functions of the Ministry.

2. The content and regulations of the agency and the list of classified matters of the agency.

3. The agency's annual, quarterly, and monthly work plans.

4. Reports on the mid-term and final reviews of the implementation of the program of work and the working regulations of the Ministry.

5. The budget revenue and expenditure plan of the State, including any adjustments (if any), which have been assigned by the competent authority, other sources of funds; the approved budget settlement; the collection and use of contributions from organizations and individuals as stipulated; reports on asset management, procurement, bidding, and fund usage as regulated.

6. The development planning of the agency; State programs and projects; organizations and individuals investing in the agency or jointly investing with the agency.

7. The content and criteria for commendation activities within the agency.

8. The agency's plans for improving the material and spiritual life of civil servants; measures to improve organizational structure, work procedures, thrift, anti-corruption, bureaucracy, and harassment within the Ministry and its relations with the people.

9. Research funding for scientific topics and the results achieved by units within the Ministry.

10. Functions and responsibilities; job position standards within the agency.

11. Policies and benefits related to recruitment, promotion, appointment, rewards, disciplinary actions, rights, and obligations of civil servants.

12. Negative incidents and corruption cases within the agency that have been concluded.

13. Results of complaints and accusations resolved internally within the agency.

Article 18. Forms of Public Disclosure.

Based on the contents to be disclosed and the actual situation, the Minister shall direct the announcement of the above matters through one of the following forms:

1. Posting at the agency.

2. Announcing at the staff meeting of the agency.

3. Announcing by written notice sent to all staff members.

4. Informing the heads of units within the Ministry's agency and requesting them to announce to the staff working in those units.

5. Announcing by written notice to the Party Committee and the Trade Union Executive Board of the agency to inform each Party member and trade union member.

6. Announcing on the internal electronic bulletin board of the Ministry's agency.

Article 19. Organizing the Announcement.

According to the division of labor, units are responsible for preparing the content and, after receiving the Minister's directive, will finalize it into an official document for announcement to the staff of the agency.

The announcement is organized periodically every quarter, six months, or annually, or on an ad hoc basis depending on the specific content.

Article 20. Work Program of Unit Heads

Unit heads implement the management functions of their units into weekly and monthly work programs and publicly announce them to the staff of the unit.

Section 5

MATTERS FOR WHICH STAFF PARTICIPATE IN PROVIDING OPINIONS BEFORE THE MINISTER DECIDES

BEFORE THE MINISTER DECIDES

Article 21. Matters for which staff participate in providing opinions before submitting to the Minister for decision.

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

2. Draft annual work plans of the agency; programs and plans for budget allocation and utilization; programs and plans for industry development.

3. Organization of competitive activities.

4. Interim and final reports of the agency.

5. Measures to improve organizational structure, work procedures, thrift, anti-waste, anti-corruption, anti-bureaucracy, anti-harassment, and anti-oppression of the people.

6. Internal regulations and rules of the agency.

7. Draft measures to implement policies related to the rights and interests of staff.

Article 22. Methods of Soliciting Opinions.

1. Soliciting opinions is carried out through the following methods:

a) Soliciting opinions through questionnaires distributed to all staff members.

b) Through comments on draft documents.

c) Through staff meetings of the agency.

d) Staff members provide direct feedback to the person in charge or to the Minister.

2. When participating in providing opinions, staff members must be candid, honest, and constructive.

Article 23. When deciding on the matters specified in Article 21 above, the Minister assigns the Director of the Ministry's Office to have the responsibility to re-announce and explain (if necessary) to the staff.

Chapter 6

MATTERS FOR WHICH STAFF MONITOR AND INSPECT

Article 24. The matters that officials and civil servants supervise and inspect include

Article 24. Matters for which staff monitor and inspect include:

1. Implementation of the Party and State's policies and the agency's annual work plan.

2. Utilization of operating funds, compliance with management and usage policies and regulations for assets of the agency.

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

4. Implementation of State policies regarding the legitimate rights and interests of staff.

Article 25. Forms of supervision and inspection

The supervision and inspection by officials and civil servants regarding the issues mentioned above shall be carried out through:

1. Party organizations, trade unions, People's Inspection Committees within the agency;

2. Work reviews, criticism, and self-criticism at regular meetings of the Ministry's leadership, the Board of Management, the leadership of Departments, the Ministry's Inspectorate, the Ministry's Office, and among officials and civil servants.

3. At the meeting of officials and civil servants in the agency.

Article 26. Heads of functional units are responsible for assisting the Minister in providing materials and clearly presenting each issue that officials and civil servants in the agency and unit are concerned about to facilitate inspection and supervision.

Officials and civil servants working in units must have programs and plans, implement them publicly so that they can be inspected and supervised.

Chapter III

IMPLEMENTING DEMOCRACY IN RELATIONS AND RESOLUTION OF BUSINESS

WITH CITIZENS, AUTHORITIES, AND OTHER ORGANIZATIONS

Section 1

RELATIONS WITH CITIZENS, AUTHORITIES, AND ORGANIZATIONS

Article 27. Guidance on relations and resolution of business

The Minister assigns the Director of the Ministry's Office to coordinate with Departments and the Ministry's Inspectorate to post and publicly announce the following contents to facilitate citizens and organizations coming to work and handle matters easily, conveniently, specifically as follows:

1. Diagrams indicating the locations of work of each Department, the Ministry's Inspectorate, the Ministry's Office, and the reception room.

2. Internal regulations of the Ministry.

3. Administrative procedures for handling matters.

4. Sample forms, files, and certificates for handling each type of matter.

5. Fees and charges as prescribed (if applicable).

6. Timeframes for handling each type of matter.

Article 28. Organization of citizen reception

1. The Minister assigns the Director of the Ministry's Office to take the lead in coordinating with the Director of the Ministry's Inspectorate to arrange convenient and dignified places for suggestion boxes and citizen reception rooms; the Director of the Inspectorate takes the lead in coordinating with the Head of the Personnel Department to propose to the Minister to arrange officials and civil servants with qualifications, capabilities, and integrity to receive and resolve any difficulties, complaints, and reports from citizens promptly in accordance with the law, while directing the establishment of a record book to truthfully and accurately document the content of each case. Weekly, the person in charge of administrative work in the Ministry, together with representatives of the People's Inspectorate Committee and the Inspectorate, will open the suggestion box, study the opinions received, and report to the Minister.

2. The Minister directly or assigns the head of the relevant unit to be responsible for studying, adopting, and responding to the opinions of citizens and organizations through the following methods:

a) Directly exchanging with the person who provided the opinion if it relates to the individual.

b) Publicly reporting the situation and results of citizen reception at the Ministry's meeting or unit meetings if it pertains to the common activities of the Ministry.

c) Publicly informing in writing to the person who provided the opinion and related units about the situation, results, and cases.

Article 29. Direction and inspection of the resolution of citizens', authorities', and organizations' business.

The Minister regularly directs and implements measures to inspect officials and civil servants in their implementation of the procedures and regulations of the agency in resolving citizens' and organizations' business; promptly identifies and takes appropriate measures according to the law against officials and civil servants who fail to complete tasks and duties, lack responsibility, cause harassment, create inconvenience, engage in corruption in resolving citizens' and organizations' business.

Article 30. Responsibility for handling work of civil servants.

1. Civil servants assigned by the Minister to handle citizens' and organizations' requests shall be responsible for receiving and resolving related matters, reporting on the results of resolution or seeking the Minister's opinion for resolution. Citizens' and organizations' suggestions and reflections must be studied and handled promptly in accordance with the law.

2. Civil servants shall resolve citizens' and organizations' requests within their authority. Matters outside their authority must be notified to citizens and organizations. Civil servants shall not be bureaucratic, harsh, or create difficulties and inconvenience for citizens and organizations when handling their affairs.

3. When civil servants handle work with citizens and organizations at their workplace in accordance with the internal regulations and working rules of the Ministry's agency, they shall not accept and resolve work from citizens and organizations at their private residences.

4. Civil servants assigned to study, process, and resolve citizens' and organizations' work must report the results to the head of the direct unit (Department, Inspectorate, Office) and implement the directives of the direct unit's head while simultaneously informing the relevant citizens and organizations.

5. The head of the unit shall be responsible for assisting the Minister in supervising civil servants under their jurisdiction to comply with state and ministry regulations. In case of violations, they must be dealt with promptly within their authority or reported to the Minister for handling.

Article 31. Implementation of programs and projects related to localities.

For programs and projects established or implemented by the Ministry that are closely related to the locality's economic and social development and environmental issues, the Minister shall be responsible for notifying the local authorities and publicly posting information so that local citizens and organizations are aware and can provide opinions.

Citizens' and organizations' suggestions, reflections, and criticisms must be studied and handled promptly.

Section 2

RELATIONSHIP WITH SUBORDINATE AGENCIES

Article 32. Functional Departments shall be responsible for advising the Minister to guide, inspect subordinate units' activities, and inform subordinate agencies of policies, laws, and regulations related to their operations and scope of responsibility.

Article 33. The Minister shall be responsible for studying and promptly resolving requests and suggestions from subordinate units.

The Minister regularly meets with the heads of subordinate units.

1. The Minister shall instruct to seek the opinions of subordinate units before issuing systems, policies, and legal normative documents related to subordinate units; if necessary, dispatching civil servants to subordinate units to discuss, study, and resolve specific issues.

The resolution and supplementary allocation of funds and staffing for subordinate agencies must comply with the law, be timely, realistic, and approved by the Ministry's leadership body.

2. When the Minister has a work program with units, a schedule will be sent in advance. The unit head assigns a leader to attend the meeting, and the person attending the meeting represents the unit head's opinion.

If the Minister specifically invites a unit leader by name, the invited person must arrange to attend the meeting. In urgent cases, if the unit leader is unavailable, a specialist in charge of the relevant field may be sent instead, but they must immediately report back to the unit leader about the Minister's decisions to implement them.

Article 34. The Ministry participates in discussions with provinces and cities regarding the establishment of management structures. Matters related to localities, the Ministry proactively discusses and exchanges with localities to reach consensus before making formal decisions.

When there is a document from a locality or unit requesting work resolution, the Ministry's Office promptly submits it to the Minister for consideration and decision, and informs the locality or unit within 15 days (from the date the document reaches the Ministry), prioritizing issues related to mountainous areas, ethnic minorities, and urgent production and livelihood issues.

Chapter IV

IMPLEMENTING PROVISIONS

Article 35. Implementing democracy in the operation of the Fisheries Ministry is the responsibility of each level of the Party Committee, the Ministry's leadership, and all civil servants in the Ministry.

The heads of Departments, the Inspectorate, and the Ministry's Office are responsible for organizing the dissemination of the content of the Regulation on implementing democracy in the Ministry's operations issued according to Decree No. 71/1998/NĐ-CP dated September 8, 1998, and this Regulation.

The Office Director and the heads of Departments and the Inspectorate need to choose appropriate forms of transparency and provide information about necessary tasks for all civil servants to participate, monitor, and check implementation according to the law.

The heads of administrative and public service units directly under the Ministry shall study and apply this regulation in accordance with state regulations and related ministries and sectors.

Article 36. The Department Head of Organization and Cadres and the Office Director are responsible for urging and inspecting the implementation of this Regulation and regularly reporting to the Minister.

During implementation, if any obstacles requiring amendments or supplements are discovered, they should be reported to the Minister for review and decision./.