Decree No. 71/1998/NĐ-CP Issuing the Regulation on Implementing Democracy in the Activities of Agencies

DECREE OF THE GOVERNMENT

Issuing the Regulation on Implementing Democracy in the Activities of Agencies

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Resolution No. 55/1998/NQ-UBTVQH10 dated August 30, 1998 of the Standing Committee of the National Assembly on issuing the Regulation on Implementing Democracy in the Activities of Agencies;

At the proposal of the Minister, Head of the Government Organizational Cadre Department;

DECREE:

Article 1. This Decree promulgates the Regulation on Implementing Democracy in the Activities of Agencies.

The agency referred to in this Regulation means administrative agencies from central to district levels.

Article 2. On the basis of this Regulation, the Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, after consultation with the Minister, Head of the Government Organizational Cadre Department, shall be responsible for issuing and guiding the implementation of the Regulation on Implementing Democracy in the Activities of Public Service Agencies within their respective sectors and fields.

Article 3. This Decree takes effect fifteen days from the date of issuance. Previous regulations contrary to this Regulation are hereby abolished.

The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial and District People's Committees are responsible for implementing this Decree./. 

REGULATION ON IMPLEMENTING DEMOCRACY IN THE ACTIVITIES OF AGENCIES

(Issued together with Decree No. 71/1998/NĐ-CP dated September 8, 1998 of the Government)

PART I
GENERAL PROVISIONS

Article 1. The Regulation on Implementing Democracy in the Activities of Agencies aims at promoting the rights of cadres and civil servants to contribute to building clean, strong agencies, forming a cadre and civil servant corps that serves the people, possessing the necessary qualities and capabilities, working efficiently, effectively, and meeting the requirements of development and reform of the country; preventing and combating corruption, waste, bureaucracy, harassment, and abuse of power.

Article 2. Promoting the rights of cadres and civil servants is closely linked to ensuring the leadership of the Party organization in the agency, adhering to the principle of centralized democracy, implementing the chief executive system, and promoting the role of mass organizations.

Article 3Democracy must be exercised within the framework of the Constitution and laws; promoting democracy while firmly dealing with acts that abuse democracy, violate the Constitution and laws, infringe upon the democratic rights of the people, and obstruct the performance of duties in the agency.

PART II
DEMOCRACY WITHIN THE AGENCY 

PART I
RESPONSIBILITIES OF THE HEAD OF THE AGENCY

Article 4. The head of the agency manages and directs the activities of the agency under the chief executive system, bears responsibility before the law and superiors for all activities of the agency and for the performance of tasks and public service duties of cadres and civil servants under their jurisdiction as prescribed by law.

Article 5. At regular meetings, the head of the agency evaluates the completion of work in the past period, listens to contributions from cadres and civil servants, and sets out key tasks to be addressed in the coming period by the agency.

Monthly, the head of the agency must review the implementation of Party resolutions and the tasks of the agency.

NH PHÓAt least once every six months, the head of the agency has the responsibility to evaluate the work of the agency and its departments, identify and propose solutions to promote the rights of cadres and civil servants, combat bureaucracy, favoritism, corruption, harassment, and weaknesses in the execution of tasks, plans, laws, policies, systems, internal regulations, and regulations of the agency.

At year-end, the head of the agency must organize a comprehensive evaluation of the agency's activities.

Article 6. The head of the agency is responsible for managing cadres and civil servants under their jurisdiction in terms of ideology, moral character, utilization, training, and implementing policies to build a cadre and civil servant corps with the necessary qualities and capabilities.

Article 7. According to the management hierarchy of cadres and civil servants, annually, the head of the agency conducts evaluations of cadres and civil servants under their management and instructs department heads to conduct evaluations of cadres and civil servants under their supervision.

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

1. Cadres and civil servants write self-assessments of their work, including the following contents:

Compliance with state policies, laws, and regulations;

Specific tasks completed during the year, assessment of the quality and effectiveness of these tasks; leading cadres must also assess the leadership of their team during the year;

Moral character, organizational discipline awareness, honesty in work;

Work coordination relationships.

2. The collective where cadres and civil servants work provide comments on their self-assessment of work;

3. The direct head of cadres and civil servants records annual evaluations of cadres and civil servants and informs them directly; cadres and civil servants have the right to express opinions to their direct head regarding the annual evaluation;

4. Annual evaluations are included in the cadre and civil servant files managed according to the hierarchical division.

Article 8. The head of the agency must listen to the opinions, reflections, and criticisms of cadres and civil servants and may not retaliate against those who have contributed or criticized them. When cadres and civil servants request a meeting, the head of the agency must meet and discuss related issues.

Article 9. The head of the agency is responsible for using the assets of the agency effectively, saving allocated funds, and implementing financial transparency regulations. Purchases of equipment, means, and other assets requiring bidding must be conducted in accordance with bidding regulations.

Budget allocations related to finance, staffing, and supplementary funding for relevant agencies and organizations must be approved by the agency's leadership collective and in accordance with legal provisions.

Article 10. Within the scope of their duties and powers, the head of the agency is responsible for implementing preventive measures and blocking corrupt behavior, handling such behavior, and creating conditions for competent agencies and organizations to handle individuals involved in corruption; if they fail to fulfill their responsibilities and corruption occurs in their agency, they will be dealt with according to the law.

Article 11. The head of the agency shall coordinate with the agency's trade union to organize an annual staff meeting at the end of each year. The staff meeting may include all employees or representatives of the agency's staff. If two-thirds of the staff members or the agency's trade union executive board request it, or if the head of the agency deems it necessary, an extraordinary staff meeting shall be convened.

The staff meeting shall cover the following contents:

1. Reviewing the implementation of the Party's resolutions and state laws, evaluating the completion of the annual work plan, and discussing measures to implement the next year's work plan.

2. The head of the agency shall accept suggestions and criticisms from staff members; address their concerns and proposals.

3. Discussing measures to improve working conditions and enhance the living standards of staff members.

4. The People's Inspectorate Board of the agency shall report on its activities and elect the People's Inspectorate Board in accordance with the law.

5. Participating in discussions on issues specified in Article 17 of this Regulation.

6. Awarding individuals and groups within the agency for outstanding achievements in their work.

PART 2
RESPONSIBILITIES OF OFFICERS AND CIVIL SERVANTS

Article 12. Staff members must fulfill their duties as prescribed for civil servants and must not engage in acts prohibited under the Civil Servant Ordinance.

Staff members are responsible before the law and before the head of the agency for performing their duties; they must lead a healthy lifestyle, be honest, frugal, incorruptible, dedicated, and impartial.

Article 13. While performing their duties, staff members must comply with directives and guidance from superiors.

Staff members have the right to present their opinions and propose solutions to issues within their scope of responsibility that differ from those of their direct supervisors, but they must still follow the directives of their direct supervisors, retain their opinions, and report them to higher authorities.

Article 14. Staff members must seriously self-criticize, highlight their strengths, correct their weaknesses to continuously progress, openly criticize and struggle to build a clean and strong internal environment within the agency, including providing feedback and criticism to the head of the agency; when requested, staff members have the responsibility to contribute opinions to the drafting of agency documents and projects.

PART 3
THINGS THAT CIVIL SERVANTS MUST BE INFORMED ABOUT

Article 15. The following matters must be made public to staff members:

1. The Party and State policies related to the agency's work.

2. The agency's annual and quarterly work plans.

3. The annual operating budget, including funds allocated from the state budget and other financial sources, and the annual budget settlement of the agency.

4. Recruitment, awards, disciplinary actions, salary increments, rank promotions, and promotions of staff members.

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

6. Results of complaints and reports resolved internally within the agency.

7. Internal regulations and rules of the agency.

Article 16. The head of the agency is responsible for informing staff members about the matters listed in Article 15 above through one of the following methods:

1. Posting at the agency.

2. Announcing at the staff meeting.

3. Sending a written notice to all staff members.

4. Informing department heads and requiring them to inform staff members working in their departments.

5. Notifying the Party Committee and the agency's trade union executive board in writing.

PART 4
MATTERS FOR WHICH STAFF MEMBERS PARTICIPATE IN DISCUSSIONS AND THE HEAD OF THE AGENCY DECIDES

The head of the agency decides after staff members participate in discussions directly or through representatives, including:

Article 17. Matters for which staff members participate in discussions directly or through representatives before the head of the agency makes a decision include:

1. Policies and measures to implement the Party's resolutions and state laws related to the agency's work.

2. The agency's annual work plan.

3. Organizing competitive campaigns.

4. Reporting mid-term and final results of the agency.

5. Measures to improve organizational structure and work procedures, promote thrift, combat waste, corruption, bureaucracy, harassment, and abuse of power.

6. Recruitment, training, and promotion plans for staff members in the agency according to regulations.

7. Implementation of systems and policies related to the rights and benefits of staff members.

8. Internal regulations and rules of the agency.

Article 18. Methods of soliciting participation in discussions:

1. Staff members provide opinions directly to their supervisors or the head of the agency.

2. Through the staff meeting.

3. Distributing questionnaires or sending draft documents for staff members to provide opinions.

Article 19. When deciding on matters specified in Article 17 that differ from the majority opinion of staff members, the head of the agency has the responsibility to inform and explain to the staff members.

PART 5
MATTERS FOR WHICH STAFF MONITOR AND INSPECT

Article 20. Matters for which staff members monitor and inspect include:

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

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

3. Adhering to internal regulations and rules of the agency.

4. Implementing state systems and policies regarding the rights and benefits of agency staff members.

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

Article 21. Monitoring and inspection by staff members of the matters specified in Article 20 above are carried out through:

The agency's People's Inspectorate Board.

Critiques and self-critiques during regular unit meetings.

The staff meeting.

CHAPTER III
DEMOCRATIC RELATIONS AND WORK RESOLUTION
WITH CITIZENS, AGENCIES, AND ORGANIZATIONS 

PART 1
RELATIONSHIP WITH CITIZENS, AGENCIES, AND ORGANIZATIONS

Article 22. The head of the agency is responsible for organizing, directing, and supervising the public display at the workplace so that citizens and organizations (hereinafter referred to collectively as citizens and organizations) can know:

1. Departments responsible for handling related tasks.

2. Administrative procedures for handling tasks.

3. Sample forms and files for each type of work.

4. Fees and charges as prescribed.

5. Timeframes for processing each type of work.

Article 23. The head of the agency directs and supervises staff members in handling citizens' and organizations' work; promptly taking appropriate measures as prescribed by law against staff members who fail to complete their tasks, lack responsibility, harass, cause inconvenience, or engage in corruption while handling citizens' and organizations' work.

Article 24. When citizens or organizations make requests, officials and civil servants are responsible for resolving such requests within their authority. For matters outside their authority to resolve, officials and civil servants must inform citizens and organizations accordingly. Officials and civil servants shall not be bureaucratic, arrogant, or obstructive, causing difficulties or inconvenience in handling citizens' and organizations' affairs.

Article 25. Officials and civil servants shall not accept and resolve citizens' and organizations' work at their private residences.

Citizens' and organizations' work must be studied, processed, and resolved as quickly and conveniently as possible, in accordance with the provisions of the law.

For tasks that have a prescribed resolution period, officials and civil servants must comply with that deadline. In cases where research time is required to resolve the matter, officials and civil servants are responsible for promptly informing citizens and organizations.

Officials and civil servants are responsible for protecting state secrets, job-related secrets, and the contents of citizens' and organizations' complaints and denunciations according to the law.

Article 26. The head of the agency directs the arrangement of locations for receiving citizens, implements citizen reception activities, and organizes suggestion boxes. Weekly, the administrative work supervisor of the agency, along with representatives from the People's Inspectorate of the agency, open the suggestion box, study the received opinions, and report to the agency head. The agency head is responsible for studying and proposing reasonable measures to adopt and resolve the suggestions.

Article 27. For programs or projects established or implemented by the agency that are closely related to the socio-economic development of a locality, the agency head is responsible for informing citizens and organizations in that locality about them and encouraging their participation and contribution of opinions.

When citizens or organizations make requests, the agency must assign a responsible person to meet and resolve related matters.

Suggestions, reflections, and criticisms from citizens and organizations must be studied and addressed promptly.

PART 2
RELATIONSHIP WITH SUPERIOR AGENCIES

Article 28. The agency head is responsible for complying with the directives, guidance, and decisions of superior agencies.

The agency has the right to reflect difficulties and obstacles encountered during the performance of its functions and duties; to propose to superior agencies issues that are inappropriate, requiring amendment or supplementation in regulations, policies, laws, and in the guidance and management of superior agencies.

If there is evidence that a decision of a superior agency is contrary to the law, it must immediately report to the decision-maker; if compliance with the decision is still necessary, it must report to the immediate superior of the decision-maker and will not be held responsible for the consequences of implementing the decision.

Article 29. The agency has the right to contribute opinions and criticize superior agencies.

Upon request, the agency is responsible for researching and contributing opinions on draft regulations, policies, and normative legal documents sent by superior agencies.

Article 30. The agency is responsible for reporting work situations to superior agencies as stipulated; for issues arising beyond its capacity to resolve, it must promptly report to superior agencies for guidance.

The content reported to superior agencies must be objective and truthful.

PART 3
RELATIONSHIP WITH SUBORDINATE AGENCIES

Article 31. The agency head is responsible for directing, guiding, and supervising the activities of subordinate agencies and bearing responsibility for mistakes and shortcomings of subordinate agencies if they arise from his/her directives and guidance.

It is necessary to inform subordinate agencies of policies, legal provisions relevant to their operations and scope of responsibility.

Article 32. The agency head is responsible for promptly researching and resolving requests and proposals from subordinate agencies.

Periodically, the agency head must meet with the heads of subordinate agencies. When the head of a subordinate agency requests, the agency head is responsible for meeting and working with them.

The agency head must encourage truthful and objective information and reports from subordinate agencies.

Article 33. Opinions from subordinate agencies must be sought in the establishment of regulations, policies, and normative legal documents related to them.

When necessary, staff members must be sent to subordinate agencies to exchange, study, and resolve specific issues; strict action must be taken against opportunistic, false, and untruthful reporting and reflection.

Article 34. The allocation and supplementary funding and staffing for subordinate agencies must comply with legal provisions, be timely, realistic, and approved by the leadership collective of the agency.

PART IV
IMPLEMENTING PROVISIONS

Article 35. Agencies, officials, and civil servants who implement this Regulation well will be rewarded; violators will be dealt with according to the law.

Article 36. The Government Organization and Civil Servant Department is responsible for guiding and monitoring the implementation of this Regulation./.