Directive No. 342/TTg on Promoting Administrative Reform Procedures

DIRECTIVE

On Promoting Administrative Reform Work

On May 4, 1994, the Government issued Decision No. 38/CP on administrative reform in handling matters for citizens and organizations. This was a breakthrough to reform the state administration system.

Over the past more than three years, Resolution No. 38/CP of the Government has been organized and implemented by Ministries, Agencies, and localities. Outdated administrative procedures have been eliminated, new administrative procedures have gradually entered life, resolving many difficulties, reducing harassment, contributing to creating a favorable legal environment, promoting production, business, investment development, and improving relations between state agencies and the people; at the same time, through administrative reform, we also discovered many issues about institutions, organizational structures, tools, and civil servants that need to be resolved synchronously within the state administrative system.

However, compared to requirements, the administrative reform work over the past period has progressed very slowly and still has many shortcomings. In various fields of economic and social life, administrative procedures remain cumbersome; guiding documents for implementing certain tasks often lack synchronization, overlap, or even contradict each other, solving one issue but generating another more complex issue that is not promptly addressed, leading to difficulties and failing to meet the demands of citizens and organizations.

In guidance, although some sectors and localities have made efforts to explore and apply positive improvement measures, many sectors and localities have not paid sufficient attention, administrative reform work remains formalistic and superficial. When handling matters for citizens and organizations with needs, many state agencies and civil servants at various levels and sectors have not demonstrated high responsibility, their service attitude has not been good, causing much harassment, corruption, and extortion, making a portion of the population dissatisfied.

To build upon the initial results achieved, address and resolve difficulties promptly, further promote administrative reform work to meet the requirements of citizens and organizations, the Prime Minister requests Ministers, Heads of equivalent Ministries, Heads of government agencies, Chairmen of People's Committees of provinces and centrally governed cities to personally direct the immediate implementation of the following matters:

1. Conducting a review and summary of the implementation of Resolution No. 38/CP dated May 4, 1994, of the Government, discussing specific measures to continue vigorously promoting administrative reform in all fields and at all levels:

- Closely adhering to the contents outlined in Resolution No. 38/CP, accurately assess both completed tasks with concrete results and those not yet accomplished, limitations, or newly arising issues. Particularly, it is necessary to delve deeply into the opinions of those executing administrative procedures in areas such as land use rights certification, ownership of housing; establishment of enterprises, business registration; import-export procedures; investment; entry-exit, household registration; procedures for receiving and resolving complaints and petitions from citizens... Carefully examine the reasons for both successful and unsuccessful tasks.

- Based on this, within their respective responsibilities and authorities, each sector and locality must thoroughly review administrative procedures in all fields, eliminate overlapping, redundant, and cumbersome procedures; amend, supplement, or promulgate necessary but simple, understandable, and easily executable new procedures, clearly defining deadlines for completing each type of work; contributing to consolidating the trust of the people and international friends in overcoming weaknesses and enhancing the effectiveness of state management across all sectors and levels.

- Propose to the Government to resolve issues related to administrative procedures that exceed the authority of Ministries, Sectors, and local governments.

2. Clearly define the responsibilities of state agencies and civil servants assigned the task of directly handling matters for citizens and organizations:

- Administrative agencies, according to their specific functions, need to rectify organization, strengthen staff with good moral qualities and capabilities to assist agency heads in implementing administrative procedures. Arrange places for receiving citizens and properly handling their affairs; publicly display necessary documents, deadlines for each type of work; arrange responsible persons to guide meticulously, clearly, and consistently in completing and handing over administrative documents and procedures when citizens or organizations have needs.

- Central Ministries and Sectors, based on reviews and assessments of the implementation of Resolution No. 38/CP, within their respective authorities, need to urgently develop training programs on general administrative management knowledge and specific administrative procedures according to the spirit of reform for civil servants directly implementing administrative procedures within their jurisdiction.

- Organize training sessions to ensure that the civil servant team masters the legal document system and current regulations of the State. Firmly refrain from assigning untrained or morally deficient individuals to administrative work to limit, and eventually eliminate, situations where citizens' and organizations' affairs are obstructed, delayed, harassed, and costly.

- Heads of administrative agencies at all levels and sectors must regularly monitor, oversee, and evaluate the performance of civil servants directly handling citizens' and organizations' affairs. Promptly commend and reward civil servants who perform their duties well, earn the trust and admiration of the people; correct and strictly deal with those causing harassment, corruption, and irresponsibility while handling citizens' and organizations' affairs. When discovering cases of solicitation, corruption, they must be resolutely dealt with strictly according to the law and publicized openly to the people.

3. For the following Ministries and Sectors, it is necessary to conduct a thorough mid-term review and assessment of the implementation of certain areas mentioned in Resolution 38/CP in accordance with the spirit of Point I of this Directive, and submit a report to the Prime Minister before June 30, 1997:

- Ministry of Planning and Investment: administrative procedures in the fields of foreign investment, establishment of enterprises, business registration, project approval, allocation of basic construction investment capital, ODA capital allocation, international cooperation projects, etc.

- Ministry of Finance: administrative procedures in the fields of tax processing, including cases of appeal; budget capital allocation and disbursement, state preferential loans; management of state-owned enterprise capital and assets whenever the enterprise has a need to move capital or assets; contracting and collecting taxes from small traders, etc.

- Ministry of Construction: administrative procedures in the fields of issuing construction permits and certificates of ownership for housing; tendering and awarding contracts, etc.

- Ministry of Trade: administrative procedures in the fields of formulating commodity policies, import-export licenses, market supervision of goods circulation, allowing Vietnamese economic organizations to establish representative offices or branches abroad, allowing foreign economic organizations to open representative offices in Vietnam, etc.

- Ministry of Home Affairs: administrative procedures in the fields of immigration, household registration, punishment for violations of immigration regulations, temporary detention, etc.

- Ministry of Transport: administrative procedures in the fields of setting traffic signs on roads, vehicle inspection, traffic rule violation penalties, etc.

- Ministry of Justice: administrative procedures in the fields of state notarization, etc.

- Ministry of Science, Technology and Environment: administrative procedures in the fields of formulating measurement standards, pre-market quality control of goods, including pre-export, research funding allocation and disbursement, etc.

- Ministry of Agriculture and Rural Development: administrative procedures in the fields of dike protection, embankment construction, quarantine of animals and plants before import and export, etc.

- Ministry of Culture and Information: administrative procedures in the fields of advertising license issuance, cultural product trading, opening restaurants with karaoke rooms and dance halls, etc.

- Ministry of Fisheries: administrative procedures in the fields of pre-import and export certification for fishing vessels and aquaculture facilities, pre-export and import quality certification for aquatic products, etc.

- Ministry of Health: administrative procedures in the fields of pre-import and export certification for pharmaceuticals, licensing for pharmaceuticals and certain cosmetics to enter circulation, etc.

- General Customs Department: administrative procedures in the fields of import and export after Decree 89/CP; customs clearance, re-inspection, anti-smuggling at border gates; inspection of customs officers escorting goods to private warehouses; tax collection, fee collection, including container seal breaking fees; refunding and additional tax collection, especially for refunds and additional tax collection several years later, etc.

- State Audit Office: administrative procedures in the fields of handling citizens' complaints and reports, administrative violation penalties, etc.

- Land Administration General Department: administrative procedures in the fields of land use rights issuance, etc.

Administrative procedures, in general terms, are the mechanisms through which state agencies manage society. Reforming administrative procedures is a very important task, considered a breakthrough in the entire process of reforming the current state administrative system. Implementing this reform process is a complex struggle closely related to the renewal of the legal system, organizational structure of state agencies, civil servant corps, and daily activities of every citizen and organization, requiring special attention from all sectors and levels.

Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally-administered cities must develop action programs with practical and urgent measures to organize and strictly implement this Directive, regularly reporting monthly to the Prime Minister on the results of implementation in the fields under their respective ministries, sectors, or localities.

Mass media agencies need to strengthen publicity of Resolution 38/CP and this Directive, working together with the people and organizations to identify good practices for timely recognition and replication, and areas that have not performed well for criticism and finding ways to improve.

The Government Office will coordinate with the Government's Specialized Group for Administrative Reform to be responsible for monitoring and urging the implementation of this Directive, and regularly reporting the results of its implementation to the Prime Minister./.

DEPUTY PRIME MINISTER

DEPUTY PRIME MINISTER
(Signed)
Phan Van Khai