Decision No. 121/2003/QD-TTg dated June 11, 2003 of the Prime Minister approving the research program to determine the roles, functions and organizational structures of agencies within the state administrative system, Stage I (2003-2005)

DECISION

APPROVING THE RESEARCH PROGRAM TO DETERMINE THE ROLES, FUNCTIONS AND ORGANIZATIONAL STRUCTURES OF AGENCIES WITHIN THE STATE ADMINISTRATIVE SYSTEM, STAGE I (2003-2005)

THE PRIME MINISTER

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

Pursuant to the Prime Minister's Decision No. 136/2001/QD-TTg of September 17, 2001 approving the master program on State administrative reform for the 2001-2010 period;

At the proposal of the Minister of the Interior,

DECIDES:

Article 1.- To approve the research program to determine the roles, functions and organizational structures of agencies within the State administrative system, stage I (2003-2005).

Article 2.- This Decision takes effect 15 days after its publication in the Official Gazette.

Article 3.- The Minister of the Interior, the Minister-Director of the Government's Office and the other ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and centrally-run cities shall have to implement this Decision.

RESEARCH PROGRAM TO DETERMINE THE ROLES, FUNCTIONS AND ORGANIZATIONAL STRUCTURES OF AGENCIES WITHIN THE STATE ADMINISTRATIVE SYSTEM
(Promulgated together with the Prime Minister's Decision No. 121/2003/QD-TTg of June 11, 2003)

I. CONTEXT OF THE PROGRAM

Over the past time, the Government and the Prime Minister have focused on directing the administrative reform in general and the reform of the organization of the administrative apparatus from the central to local levels in materializing the resolutions of the 3rd and 8th plenums of the Party Central Committee, VIIth Congress, and the 3rd, the 6th (second session), and the 7th plenums of the Party Central Committee, VIIIth Congress, in particular. After the implementation of each of the above-said resolutions, the State administrative apparatus has been step by step streamlined and operated more effectively, contributing an important part to the cause of national renewal and socio-economic development. Nevertheless, in order to meet new requirements of socio-economic management in the period of industrialization and modernization, it is extremely urgent to continue accelerating the reform of the organizational apparatuses of agencies within the State administrative system in line with the Resolution of the IXth National Party Congress. Therefore, under the overall program on State administrative reform in the 2001-2010 period (Decision No. 136/2001/QD-TTg of September 17, 2001), the research to determine the roles, functions and organizational structures of agencies within the State administrative system is one of the seven action programs of important significance. The research program to determine the roles, functions and organizational structures of agencies within the State administrative system from 2003 to 2010 is divided into two stages: stage I from 2003 till the end of 2005 and stage II from 2006 till the end of 2010, each having its own central contents and tasks. From now till the end of 2005, to concentrate on implementing fruitfully the urgent contents determined for stage 1 (2003-2005). On the basis of the results and experiences obtained in this stage, to continue formulating and implementing the program's contents in the second stage.

1. Fundamental results of the organizational apparatus reform:

a/ Substantial changes have been step by step generated in the functions and tasks of the Government, ministries, branches and local administrative agencies at all levels in compatibility with the new mechanism in the socialist-oriented market economy.

The functions and tasks of the system of administrative organizations have been gradually renewed, adjusted and supplemented to meet the requirements of State administrative management in the market economy. The most obvious result is that the State administrative apparatus at all levels has gradually shifted to perform the function of State administrative management. The Government's, ministries' and branches' function to perform the macro management over socio-economic development has become clearer in both perception and practice. The Government and ministries have focussed more on the policy-making and legislative work. The Government has directed the ministries and branches to formulate and implement the strategy, planning and policies for overall socio-economic development of the whole country, each branch and each territory; has intensified the inspection and supervision of the observance and implementation by the whole society. The local administrative agencies have also gradually moved to perform the State administrative management function, concentrating on the elaboration of plannings and plans on socio- economic development in their respective localities, organizing the administrative reform and the implementation of democracy regulations, reorganizing their professional agencies as well as State enterprises and intensifying the direction, execution, inspection and supervision of the implementation organization according to the roles and functions of local State administrative management agencies.

The administrative agencies have distinguished and separated their State management activities from the enterprises' activities of production and business management in order to properly perform the role and functions of State power agencies, reducing interference in the production and business process at variance with their functions and powers. This has been demonstrated rather clearly in the organization of the operation of Corporations 90 and 91 and especially in the promulgation of the State Enterprise Law.

The Government and the Prime Minister have decentralized responsibility to the ministries, branches and local administrations in the domains of domestic and foreign investment, land management, evaluation and decision on the establishment of State enterprises, the setting up of associations, non-governmental organizations, etc.

b/ The organizational structures of the Government (ministries and ministerial-level agencies) and its attached agencies have been reorganized and adjusted in accordance with the 2001 Law on Organization of the Government; professional agencies of the People's Committees have been gradually re-organized and further streamlined and, thus, they are operating with higher quality, effectiveness and efficiency. Specifically:

- The organizational model of the Government and the internal structures of ministries and branches have been considerably readjusted from the organizational model of State management agencies with each taking charge of a single branch mostly within the State economic sector to that of the State management ministries with each being responsible for a number of branches or domains nationwide, embracing all economic sectors.

- A number of domains which the central Government needs to manage concentratedly and uniformly according to the vertical hierarchy have been identified and a number of tasks as well as organizations have been decentralized or transferred to localities for management.

- The ministries, the ministerial-level agencies and the agencies attached to the Government have been reduced in number and have operated more effectively and efficiently.

c/ The mode of operation, the direction and administration by the Government as well as the administrative agencies at all levels have seen readjustments along the direction of suiting the State management roles and functions in the market mechanism and the process of regional and international integration.

The Government has renewed and concentrated on its macro direction and management of the whole society through formulating and promulgating institutions, policies, strategies, plannings and plans and inspecting the implementation thereof; gradually reducing its interference in specific affairs and cases that fall under the competence and responsibilities of the ministries, branches and local administration.

2. Existing weaknesses:

a/ The system of institutions prescribing the functions and activities of agencies within the State administrative system is slowly reformed, overlapping and cumbersome, causing many problems to the transition of the economic and social management mechanism and the socialist-oriented market economy.

b/ The decentralization of State management powers and responsibilities between the Government and the ministries, ministerial-level agencies and Government-attached agencies as well as the local administrations remains slow and ineffective, unclear and irrational.

c/ The organization of the administrative apparatus is still fraught with numerous doors and layers, lacks the necessary uniformity of an administrative system, remains irrational both horizontally and vertically, and operates with low effectiveness and efficiency; the direction and administration still reveal a lot of inadequacies, failing to meet new requirements of socio-economic development.

3. Causes of weaknesses:

a/ Scientific theoretical grounds remain insufficient for the organization of a State administrative apparatus in the transition to a market economy in the context of one-party leadership. Experiences have not yet been fully and seriously reviewed and drawn up so as to reach sound conclusions on changes in the apparatus organization, serving as a basis for strengthening the organizational system of the State administrative apparatus in a fundamental manner and taking steps appropriate to the practical situation in each period.

b/ The leadership and direction over the apparatus organization work remains scattered and sectional, even divided and arbitrary sometime and somewhere; the implementation work remains irresolute, unfocussed and fearful of difficulties and complexities.

c/ There is a lack of synchronism in the organizational apparatuses, operation mechanisms and necessary regulations on criteria and processes for establishing new organizations and for arranging, adjusting and dissolving old ones. Meanwhile, the regulations on the regime of responsibility of organizations and individual leaders of State administrative agencies are no longer suitable to the current requirements of the organizational apparatus reform.

II. OBJECTIVES AND REQUIREMENTS OF THE PROGRAM

1. Objectives

The program aims to continue perfecting the organization of the State administrative apparatus in the spirit of the 2001 Law on Organization of the Government and the Law on Organization of the People's Councils and People's Committees; to formulate and submit to the Government and the Prime Minister draft legal documents and the schemes on the structure of the XIIth-term Government along the direction that the Government, ministries and ministerial-level agencies will focus on performing the functions of formulating and promulgating institutions, plans, policies and the macro management over socio-economic development; directing and inspecting the implementation thereof; clearly defining the powers and responsibilities of the administration at all levels; streamlining the apparatus, thereby meeting the requirement of management of the socialist-oriented market economy.

2. Requirements:

a/ To properly and clearly define the functions, tasks, powers and responsibilities of the Government, the ministries, the ministerial-level agencies, the agencies attached to the Government as well as the People's Committees at all levels in the socialist-oriented market economy.

b/ To continue renewing the organizational structures of the Government and the administrative apparatuses of the local administrations in the spirit of administrative reform so as to make them suitable to the new economic mechanism; to ensure a clean, modern, effective and efficient administrative system, meeting the requirements of performing the national socio-economic development tasks.

The apparatuses of administrative agencies shall be readjusted structurally on the basis of clearly defining the functions and operational modes of their advisory, policy-implementing and public service-providing sections.

c/ By 2005, to basically determine the clear decentralization of the State administrative management between the central Government and localities and between various levels of local administration along the direction that those domains where localities may do well and where exists a regulating and controlling legal framework shall be subject to the decentralization. Powers must be decentralized clearly, associated with responsibilities, implementation conditions and intensified inspection.

d/ To clearly define the functions, tasks, powers and organization of the administrative apparatuses of the local administrations in urban centers and the countryside as well as of the grassroots administra-tions. The professional agencies of the People's Committees of all levels shall be streamlined on the principle of multi-branch and multi-domain manage-ment in accordance with the 2001 Law on Organiza-tion of the Government and the Law on Organization of the People's Councils and People's Committees.

III. PRINCIPAL CONTENTS OF THE PROGRAM

In order to materialize this Program, it is necessary to formulate, and direct the implementation of, the following schemes:

SCHEME 1: DECENTRALIZING THE STATE ADMINISTRATIVE MANAGEMENT BETWEEN THE CENTRAL GOVERNMENT AND LOCALITIES

1. The Scheme's objectives:

To decentralize the State administrative management between the central Government and localities in order to clearly and specifically define the tasks, powers and responsibilities of each level in the State administrative system; to bring into full play dynamism, creativeness, autonomy and self-responsibility of the local administration of each level in settling people's matters in a rapid and smooth manner, contributing to raising the State management effect and effectiveness and boosting socio-economic development in each locality and the whole country.

2. Requirements on the Scheme's implementation:

a/ To thoroughly grasp the viewpoint that the State power is unified with well-defined assignment and decentralization, ensuring the Government's uniform management over institutions, policies, strategies, plannings, examination and inspection; at the same time to promote autonomy and self-responsibility of the administration of each level in realizing the objectives of socio-economic development and management in localities.

b/ To ensure efficiency in settling matters and serving the people: Those matters which would be better dealt with by a level shall be assigned to such level; decentralization must be made for specific matters, with clear addresses and well-defined responsibilities and associated with the functions and tasks of each level.

c/ To suit the socio-economic development level in each period, the characteristics of each branch or domain as well as each type of administrative unit, urban or rural, to be synchronous and tallying with concerned branches and domains.

d/ To ensure compatibility among the tasks, powers, responsibilities, financial and personnel resources in order to discharge the decentralized tasks.

e/ To devolve more responsibility to the People's Councils in deciding on the decentralized tasks; to enable grassroots units to exercise autonomy and self-responsibility in combination with renewing mechanisms and policies.

3. The Scheme's implementation contents:

a/ Surveying and assessing the actual situation of decentralization of responsibility between the central Government and localities, the decentralization of management among the local administrations of various levels.

b/ Analyzing obstacles to the decentralization of management between the central Government and localities, clearly identifying the objective and subjective causes thereof regarding the perception, viewpoints, institution, organization and direction of implementation.

c/ Proposing the contents of decentralization:

- Clearly defining a number of branches and domains which require the central Government's unified and concentrated management and hierarchical organization of management (clarifying conditions and criteria).

- Determining the extent of decentralization of responsibility to the local administrations for different groups of branches and domains. Domains will be vigorously decentralized to the localities or decentralized according to limited extents along the direction of:

+ Identifying types of affairs to be performed by the commune level only, but not by the central Government, the provincial and/or district levels.

+ Identifying types of affairs to be performed by the district level only, but not by the central Government and/or the provincial level.

+ Identifying types of affairs to be performed by the provincial level only, but not by the central Government.

+ Identifying types of affairs to be performed jointly by the central Government, the provincial, district and commune levels.

The contents which need to be decentralized will be divided into two levels: between the central and provincial levels and between the provincial and district or commune levels, and focus on the following domains:

+ Economic-technical domains (financial-budgetary; planning and investment; land, construction; specialized economic-technical domains).

+ Cultural and social domains (culture, information, sport; education-training; people's health care; labor-social affairs).

+ Organization and personnel (organization of administrative agencies, non-business organizations, public services; payrolls; management of officials, employees and servants).

4. Assignment of implementation responsi-bilities:

Responsible agencies:

- The Ministry of the Interior, the Government's Office shall have to direct the implementation of this scheme and directly perform the tasks specified at Points a and b, Clause 5 of Scheme 1.

- Each ministry, ministerial-level agency or Government-attached agency shall work out schemes on the decentralization of the management over branches or/and domains under their respective charge according to the provision at Point c, Clause 5 of Scheme 1.

Coordinating agencies: concerned agencies and some local administrations.

5. The Scheme's products:

a/ A scheme on decentralization between the central Government and localities.

Completion time: The third quarter of 2003.

b/ A draft resolution of the Government on the decentralization between the central Government and localities for branches or domains.

Completion time: The third quarter of 2003.

c/ A draft decree of the Government on the decentralization of State management over various branches and domain (each ministry or branch shall submit to the Government the decentralization of State management over the branch or domain under its charge according to the schedule prescribed in the Government's resolution on the decentralization between the central Government and localities), ensuring that the decentralization shall be basically completed by 2005.

Completion time: from 2003 to 2005.

SCHEME 2: STUDYING AND IMPROVING THE GOVERNMENT’S ORGANIZATIONAL STRUCTURE; CONTINUING TO RE-ARRANGE THE GOVERNMENT-ATTACHED AGENCIES IN THE 2006-2010 PERIOD

1. The Scheme's objectives

To establish scientific and practical foundations and work out measures to improve the functions and structure of the XIIth-term Government; to continue arranging the Government-attached agencies in the 2006-2010 period.

2. Requirements on the Scheme's implementation:

a/ To build a compact and rational organizational structure of the Government on the principle that each ministry shall manage many branches or many domains, with the principal function of performing the macro management over the whole society by laws, policies, guiding and inspecting the implementation thereof.

b/ To substantially reduce the number of Government-attached agencies and organizations directly under the Prime Minister. To maintain only a small number of Government-attached agencies engaged in professional activities in service of the Government's macro management work.

3. The Scheme's implementation contents:

a/ Surveying and enumerating the tasks which the Government is performing, analyzing and evaluating.

b/ Determining the contents and scope of the Government's State management in the market mechanism.

c/ Clearly defining the Government's role and functions at the following levels:

- Tasks to be necessarily performed by the Government and only by the Government.

- Tasks to be jointly performed by the Government, people, socio-political organizations and/or non-governmental organizations.

- Tasks not necessarily to be performed by the Government.

- Tasks to be performed only by people and non-governmental organizations.

- Analyzing the assignment of tasks by the Government to the ministries, ministerial-level agencies and Government-attached agencies in terms of the contents, scope and subjects of State management.

d/ Formulating a scheme on the organizational structure of the Government under the XIIth National Assembly.

4. Assignment of implementation responsibilities:

- Responsible agencies: The Ministry of the Interior and the Government Office.

- Coordinating agencies: concerned ministries and branches.

5. The Scheme's products:

a/ A report on the survey and analysis of the functions, tasks and organizational structures of the Government, the ministries, the ministerial-level agencies and the Government-attached agencies since the promulgation of the Law on Organization of the Government in 2001.

Completion time: 2005.

b/ A final review of the organizational structure of the Government under the XIIth National Assembly.

Completion time: 2005.

c/ Solutions to further re-organization of the Government-attached agencies in the 2006-2010 period.

Completion time: 2005.

d/ A scheme on the organizational structure of the Government under the XIIth National Assembly.

Completion time: 2005.

SCHEME 3: STUDYING THE INTERNAL ORGANIZATIONAL STRUCTURES OF THE MINISTRIES, THE MINISTERIAL-LEVEL AGENCIES AND THE GOVERNMENT-ATTACHED AGENCIES

1. The Scheme's objectives:

To establish scientific and practical foundations for arranging the internal organizational structures of the ministries, the ministerial-level agencies and the Government-attached agencies in order to further adjust the internal organizational structures of the ministries, the ministerial-level agencies and the Government-attached agencies in the 2003-2005 period, serving as a precondition for perfecting the internal organizational structures of the ministries and the ministerial-level agencies in the 2006-2010 period.

2. Requirements on the Scheme's implementation:

a/ To split administrative organizations from public-service organizations.

b/ To clearly determine the nature and forms of attached organizations tasked to give advices and enforce laws.

c/ The organizational structures must be compact, rational and commensurate with the State management functions and tasks of each agency.

3. The Scheme's implementation contents:

a/ Formulating principles, criteria and conditions for arranging organizations which perform the tasks of giving advices and enforcing laws.

b/ Formulating principles and criteria for classifying administrative, non-business and public-service organizations.

c/ Formulating principles and criteria for arranging universities, colleges, intermediate vocational and job-training schools, scientific research institutes and hospitals under the ministries, ministerial-level or Government-attached agencies.

4. Assignment of implementation responsibilities:

- Responsible agencies: The Ministry of the Interior and the Government Office.

- Coordinating agencies: concerned ministries and branches.

5. The Scheme's products:

a/ A report on the evaluation of the actual situation of the organization and operation of coordinating organizations of the ministries, ministerial-level agencies and Government-attached agencies.

Completion time: The first quarter of 2004.

b/ A draft decision of the Prime Minister on the principles and criteria for arranging universities, colleges, intermediate vocational and job-training schools, scientific research institutes and hospitals under the ministries, ministerial-level or Government-attached agencies.

Completion time: The first quarter of 2004.

c/ A draft decision of the Prime Minister on the principles and criteria for arranging organizations which perform the tasks of giving advices and enforcing laws.

Completion time: The first quarter of 2004.

d/ A draft decision of the Prime Minister on classifying administrative, non-business and public-service organizations.

Completion time: The first quarter of 2004.

SCHEME 4: DEFINING THE FUNCTIONS, TASKS AND POWERS OF THE PEOPLE'S COMMITTEES OF ALL LEVELS

1. The Scheme's objectives:

a/ To establish practical grounds and provide scientific foundations in service of the revision of the Law on Organization of the People's Councils and People's Committees.

b/ To elaborate the functions, tasks and powers of the People's Committees of the provincial, district and commune levels in the spirit of the Law on Organization of the People's Councils and People's Committees.

2. The Scheme's implementation contents:

a/ Surveying and assessing the actual situation of the functions, tasks and powers of the People's Committees of all levels.

b/ Identifying the characteristics and nature of socio-economic management of the administrations in urban centers and the countryside.

c/ Re-defining the tasks and powers of the administrations in urban centers and rural areas; the tasks and powers of the grassroots administration; clearly defining the tasks and powers of the provincial-, district-, and commune-level People's Committees and the presidents thereof.

3. Assignment of implementation responsibilities :

- Responsible agencies: The Ministry of the Interior and the Government Office.

- Coordinating agencies: The Law Committee of the National Assembly, concerned ministries and some localities.

4. The Scheme's products:

a/ A report on the evaluation of the actual situation of the People's Councils and People's Committees of all levels (before the first quarter of 2004).

b/ A scheme on the functions, tasks and powers of the People's Committees of all levels.

Completion time: The first quarter of 2004.

c/ A draft decree of the Government defining the functions, tasks and powers of the provincial-level People's Committees.

Completion time: The second quarter of 2004.

d/ A draft decree of the Government defining the functions, tasks and powers of the district-level People's Committees.

Completion time: The second quarter of 2004.

e/ A draft decree of the Government defining the functions, tasks and powers of the commune-level People's Committees.

Completion time: The second quarter of 2004.

SCHEME 5: ARRANGING AND REORGANIZING PROFESSIONAL AGENCIES OF THE PROVINCIAL- AND DISTRICT-LEVEL PEOPLE’S COMMITTEES

1. The Scheme's objectives:

To perfect the organization of professional agencies of the provincial- and district-level People's Committees in accordance with the 2001 Law on Organization of the Government and the Law on Organization of the People's Councils and People's Committees.

2. The Scheme's requirements:

a/ To organize professional agencies with each taking charge of a number of branches or domains.

b/ To prescribe professional agencies of the People's Committees, which the localities should set up, and guide the organization of some professional agencies so that the provincial-level People's Councils can make decisions suitable to the specific characteristics of each locality.

c/ To clearly define the functions of each professional agency in the spirit of administrative reform.

3. The Scheme's implementation contents:

a/ Surveying and evaluating the actual situation and practical experiences on the organization of professional agencies.

b/ Building an organizational model for professional agencies of the provincial- and district-level People's Committees; defining the functions of professional agencies.

4. Assignment of implementation responsibilities:

- Responsible agencies: The Ministry of the Interior and the Government Office.

- Coordinating agencies: concerned ministries and some localities.

5. The Scheme's products:

a/ A report on the results of evaluation of the actual situation of the organization and operation of professional agencies and recommendations for improvement.

Completion time: The second quarter of 2004.

b/ A draft decree of the Government on the organization of professional agencies of the provincial- and district-level People's Committees.

Completion time: The second quarter of 2004.

IV. ORGANIZATION OF IMPLEMENTATION

1. Assignment of implementation responsibilities:

- Responsible agencies: The Ministry of the Interior and the Government Office.

- Coordinating agencies: The ministries, branches and some localities.

2. Implementation schedule:

The program's schedule has been determined in each scheme. By the end of 2005, to review and evaluate the results of implementation of the program and continue formulating the program of action for stage II (2006-2010).

3. Resources for the program implementation:

- Human resources: To employ the contingent of officials and employees currently engaged in the organization and personnel management of the Ministry of the Interior, the Government Office and the concerned ministries, branches and localities; concurrently to make full use of the support of national and international consultants in the process of implementing the program's schemes.

- Funding for the program implementation:

On the basis of the program already approved by the Prime Minister, the Ministry of Finance shall coordinate with the Ministry of Planning and Investment in arranging budgetary funding to ensure the program implementation according to the annual plans of the Ministry of the Interior.

4. The program's managerial board:

To set up the program's managerial board composed of:

- A Vice Minister of the Interior, as the program manager.

- Deputy managers: a deputy director of the Government's Office and a Vice Minister of Finance.

- The secretariat consisting of 2 departmental-level officials of the Organization and Payroll Department (the Ministry of the Interior) and the Administrative Reform Department (the Government Office) and a number of officials and experts of the Organization and Payroll Department, the Local Administration Department, the State Organization Scientific Research Institute and the Administrative Reform Department (the Ministry of the Interior), the Administrative Reform Department and the Legal Department (the Government Office), the Criminal and Administrative Legislation Department (the Ministry of Justice).

The detailed Regulation on operation and organization of the program's managerial board shall be issued by the Ministry of the Interior after consulting with the Government Office and the Ministry of Finance.