Directive No. 984/PLHS-HC on the implementation of Resolution No. 38/CP regarding the reform of administrative procedures in handling citizens' and organizations' affairs.

DIRECTIVE OF THE MINISTER OF JUSTICE

On the implementation of Resolution 38/CP on the initial administrative reform in handling citizens' and organizations' affairs On May 4, 1994, the Government issued Resolution No. 38/CP on the Initial Administrative Reform in Handling Citizens' and Organizations' Affairs. This is an important and urgent task aimed at gradually implementing the administrative reform of our State, ensuring the effectiveness of State management, combating bureaucratic practices, harassment, and inconvenience, and guaranteeing the legitimate rights and interests of citizens. The Resolution assigned responsibilities to the Ministers, Heads of agencies equivalent to Ministries, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally-run cities to review all current regulations on administrative procedures, fees, and charges within their respective fields of responsibility, including those issued by subordinate levels, with the aim of immediately abolishing inappropriate regulations, supplementing, amending those procedures that are not in line with reality, which have hindered the operations of other agencies and caused inconvenience to the people.

On May 4, 1994, the Government issued Decision No. 38/CP on the initial reform of administrative procedures in handling citizens' and organizations' affairs. This is an important and urgent task aimed at gradually implementing the administrative reform of the State, ensuring the effectiveness of State management, combating bureaucratic practices, harassment, and inconvenience, and safeguarding the legitimate rights and interests of citizens. The Decision assigned responsibilities to Ministers, Heads of ministerial-level agencies, and provincial People's Committees under the Central Government to review all current regulations on administrative procedures and fees within their respective areas of responsibility, including those promulgated by subordinate levels, with the aim of immediately abolishing regulations beyond their authority and amending and supplementing procedures that are inconsistent with reality and have hindered the operations of other agencies and caused inconvenience to the public.

To implement the Government's Resolution, the Ministry requests the leaders of its units and the Directors of Provincial Justice Departments to carry out the following tasks:

1. The functional Departments and Bureaus of the Ministry shall disseminate and discuss the objectives, requirements, and contents of the Resolution, conduct a round of reviews of legal documents concerning administrative procedures and fees and charges within their respective fields of responsibility in the second quarter, report to the Ministry leadership for timely abolition, supplementation, amendment, or for the Ministry to propose to the competent state authorities for handling; specifically:

- The Department of Criminal Law and Administrative Law shall review the provisions of the law on arrest procedures, house searches, temporary detention, and administrative penalty procedures;

- The Department of Civil and Commercial Law shall review the provisions on procedures for issuing licenses for private enterprises and companies, and business permits for individuals with capital lower than the statutory amount;

- The Department of Notarization Management, Forensic Appraisal, Household Registration, Nationality, and Personal History shall review the provisions on notarization and forensic appraisal procedures and fees;

- The Department of International Cooperation shall review the provisions on procedures for foreigners adopting orphaned or disabled children, and issues related to marriage between Vietnamese citizens and foreigners;

- The Department of Local Court Management shall review the provisions on procedures for selecting and appointing judges, court fees, and fines;

- The Bureau of Civil Enforcement Management shall review the provisions on civil enforcement procedures and fees;

- The Department of Planning and Finance shall review the provisions on financial disbursement procedures;

- The Hanoi University of Law and the Ho Chi Minh City Branch of the University of Law shall review admission procedures, training and capacity-building regulations for cadres and students, examination rules.

2. Provincial Justice Departments:

a) Assist the People's Committee in inspecting and directing the implementation at the local level of the work of reviewing local regulations on administrative procedures and fees and charges, specifically:

- Widely publicize and disseminate the Resolution among local agencies, organizations, and the people;

- Coordinate with functional agencies of the People's Committee and the People's Procuracy to review local regulations on administrative procedures causing inconvenience to the people, promptly report to the People's Committee for timely amendment or abolition of administrative procedures issued without proper authority or no longer suitable to reality, causing much inconvenience to the people in receiving and resolving their affairs. If these procedures need to be amended or abolished due to higher-level issuance, report to the People's Committee to request the competent authority to amend or abolish them. Procedures delegated by the People's Committee to lower levels must also be reviewed and reported to the People's Committee to consolidate into a provincial or centrally-run city regulation. Procedures still suitable but scattered across multiple documents should be consolidated into a single document for easier understanding and consistent implementation;

- Coordinate with local financial agencies to review each type of fee and charge currently applied locally, propose to the People's Committee the abolition of fees and charges contrary to Decision No. 276/CT dated July 28, 1992, of the Chairman of the Council of Ministers (now Prime Minister) on the unified management of various types of fees and charges. According to this decision, from July 28, 1992, the establishment of new fees and charges can only be decided by the Government, except for those prescribed by laws and ordinances.

b) Shall not establish additional procedures for handling citizens' affairs outside the regulations of the Government, the Ministry, and the People's Committee. At the point of receiving and handling citizens' affairs, publicly display the regulations on handling procedures. If there are fees prescribed, they must also be publicly displayed.

c) In conjunction with assisting the People's Committee in reviewing regulations on administrative procedures and fees and charges, the Provincial Justice Departments shall continue to effectively fulfill their advisory role to the People's Committee in organizing and directing the work of drafting, reviewing legal documents, specifically:

- Closely coordinate with the Committees of the People's Council, functional agencies of the People's Committee, the People's Procuracy, and the People's Courts, regularly assess the situation of drafting, promulgating, and reviewing legal documents at the local level, and propose necessary measures to the People's Committee to promptly correct the situation of promulgating legal documents;

- Direct and guide the drafting and reviewing of legal documents for the Judicial Departments and legal officers of functional agencies of the provincial People's Committee, grasp the situation, and promptly report to the Ministry the situation of drafting, promulgating, and reviewing legal documents at the local level.

- Summarize the situation regarding the development, issuance, and review of legal documents at the local level, prepare recommendations, and propose measures to enhance the review of legal documents to effectively participate in the training seminar on reviewing legal documents organized by the Ministry at the end of June 1994.

3. After reviewing, units must submit a preliminary report on the implementation of Resolution 38/CP and this directive to the Minister of Justice before September 15, 1994, for the Ministry to compile and report to the Prime Minister before September 30, 1994. Units must also send the Minister a final report on the implementation of the Resolution in 1994 and plans for work in 1995. This report, in addition to presenting the results of the review and handling administrative procedures, must include recommendations for improving organizational structure and working style when performing official duties. Implementing administrative reform in handling citizens' and organizations' affairs and reviewing legal documents generally requires not only necessary specialized knowledge but also comprehensive understanding of the Party's and State's policies. Therefore, high responsibility, close coordination, awareness of mobilizing collective intelligence, and harmonious cooperation within each unit and among related units and departments, especially between Departments of Justice and specialized Bureaus and Directorates of the Ministry, are required.

We request leaders of the Bureaus, Directorates, and Departments of Justice to urgently implement these measures comprehensively and promptly report back to the Ministry./.