Resolution No. 57/2010/QH12 dated November 26, 2010 of the National Assembly on results of the oversight of administrative procedure reforms in some fields directly related to citizens and enterprises under the 2001-2010 public administration reform master program

THE NATIONAL ASSEMBLY

Resolution No. 57/2010/QH12 on results of the oversight of administrative procedure reforms in some fields directly related to citizens and enterprises under the 2001-2010 public administration reform master program

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

Pursuant to Law No. 05/2003/QH11 on Oversight Activities of the National Assembly;

After considering the National Assembly Standing Committee’s Report No. 387/BC-UBTVQH12 of October 18, 2010, the Government’s Report No. 150/BC-CP of October 18, 2010, and opinions of National Assembly deputies,

RESOLVES:

1. The National Assembly basically agrees to the National Assembly Standing Committee’s Report No. 387/BC-UBTVQH12 of October 18, 2010, on results of the oversight of administrative procedure reforms in the fields of land, housing, house construction, tax and customs regarding achievements, limitations and constraints  and recommendations and solutions for pushing forward administrative procedure reforms in the coming time; and at the same time sees that:

a/ Over the past 10 years of reforming administrative procedures in the fields of state management in general and the fields of land, housing, house construction, tax and customs in particular, together with initial but significant results of the Project on simplification of administrative procedures in the fields of state management in the 2007-2010 period (Project 30), important reforms have been introduced, especially in the fields of tax and customs. A great number of administrative procedures involving too many unreasonable and overlapping steps and kinds of papers prone to abuse have been reviewed for abolition or revision; many new administrative procedures have been issued along the line of publicity, transparency, simplicity and convenience, aiming at building a professional and attentive administration that both creates favorable conditions for people and businesses and meets state management requirements, making important contributions to socio-economic development and enjoying concurrence of a vast majority of people, the business community and general public. The contingent of cadres, civil servants and public employees have further matured in their professional skills, moral and other qualities and sense of service.

The above achievements are attributed to the correct administrative reform policy of the Party and State, the constant and concrete direction of the Government and the Prime Minister, the determinedness of ministries, sectors and localities, the active involvement of the people and businesses and the effective mobilization of social resources for reforming administrative procedures.

b/ However, the administrative procedure reforms remain slow, failing to meet the requirements set by the public administration reform master program. In some fields, administrative procedures remain problematic, overlapping and unreasonable, causing difficulties to the people and businesses. It is still rather common that cadres, civil servants and public employees are slow, authoritarian, harassing and negative in doing their work; administrative discipline and the punishment of violators are lax; administrative procedures still cost people and businesses a lot of money and time and delay or deprive them of investment and business opportunities and reduce competitiveness. The application of the one-stop-shop and inter-agency one-stop-shop mechanisms to reforming administrative procedures in some fields remains confusing, formalistic and irrational. Coordination among levels and sectors is limited in a number of cases; working offices, physical foundations and equipment in some localities fail to meet requirements of assigned tasks. The quality of promulgated legal documents on administrative procedures is not high, with some containing impractical and ambiguous regulations. The modernization and application of information technology to the settlement of administrative procedures still sees many limitations and weaknesses; information, propaganda and mobilization activities in support of the public administration reform master program are not yet extensive and intensive.

The major causes of the above limitations and weaknesses are as follows:

Firstly, a section of cadres, civil servants and public employees still have limited awareness about the role, significance and positive impacts of administrative procedure reforms in socio-economic development and international integration; their responsibility for performing official duties and sense of respect for and observance of law are not high; and their professionalism, specialization, administrative skills and moral and other qualities fail to meet requirements of administrative reforms.

Secondly, the functions, tasks and powers of some state agencies remain overlapping and vacated, with their powers and responsibilities not yet clearly defined. The practices of management under the centralized and subsidization mechanism (ask-give mechanism) for sectional interests of ministries, sectors and localities have not yet been thoroughly abolished in policymaking. In the process of elaborating and promulgating administrative procedures, due attention has not yet been paid to the assessment of their necessity, reasonableness, feasibility and socio-economic effectiveness; many administrative procedures are not fully publicized. A section of cadres, civil servants and public employees still has the mentality of thinking and doing for citizens and businesses or restricting their proactivity in sectors or jobs in which the State should have issued regulations, standards and econo-technical norms as bases for individuals and organizations to comply with and for state agencies to inspect, examine and supervise.

Thirdly, information technology infrastructure has not yet received adequate investment; the connection, exploitation and use of data remain ineffective; it is rather common that cadres, civil servants and public employees cannot use information technology equipment skillfully.

Fourthly, the supervision and examination of the promulgation of legal documents detailing and guiding laws, ordinances and resolutions and implementation of these legal documents have not yet been carried out regularly and effectively.

2. In order to address the limitations and weaknesses identified in the reports of the National Assembly Standing Committee and the Government, and concurrently raising the effectiveness of administrative procedure reforms in the coming time, the National Assembly demands concentration of efforts on properly performing the following tasks:

a/ The Government should promptly direct concerned ministries and branches to study the proposals put forward in the Reports in order to deal with them according to their respective competence or propose them to competent state agencies for settlement; continue reviewing for revision or abolition or proposing for revision or abolition regulations and administrative procedures which are inappropriate or have been promulgated ultra vires, elimination of unnecessary intermediary steps; review the implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms in the settlement of administrative procedures in order to work out appropriate solutions; conduct a comprehensive study of and early adopt comprehensive and specific policies, standards, regulations and econo-technical norms, dossiers, processes, procedures and time limits for the settlement of administrative procedures in all socio-economic fields, forming a public and transparent legal framework for agencies, organizations and individuals to comply with, and at the same time intensify examination and inspection and promptly handle violations.

b/ Arranging annual budget funds to meet the requirement of accelerated administrative reforms; early reforming in a fundamental manner the salary regime in association with working posts and reasonably streamlining payrolls and apparatuses; raising capacity, professional qualifications and skills, the sense of responsibility and moral qualities of cadres, civil servants and public employees, increasing investment in physical foundations and equipment, including information technology infrastructure, and training to enhance information technology application capacity in state agencies to meet state management requirements and serve the people.

c/ The Government, the Prime Minister, ministers, heads of ministerial-level agencies and provincial-level People’s Committee chairpersons should direct more drastically the implementation of Project 30 in order to achieve the set objectives of administrative procedure reforms; at the same time the Government should add the content on evaluation of administrative procedure reforms in its annual reports before the National Assembly;

d/ On the basis of proposals concerning the perfection of the legal system mentioned in the Reports, the National Assembly Standing Committee should coordinate with the Government and concerned agencies and organizations in studying and submitting to the National Assembly for decision annual and whole-term legislative programs which meet the requirements of administrative procedure reforms.

3. The Government, the Prime Minister, ministries, ministerial-level agencies and People’s Committees at all levels shall, within the scope of their respective tasks and powers, direct and organize the implementation of this Resolution.

4. The Standing Committee, the Ethnic Council and other Committees of the National Assembly, National Assembly deputies’ delegations, National Assembly deputies, People’s Councils and People’s Council deputies shall oversee the implementation of this Resolution according to their respective functions, tasks and powers.

This Resolution was adopted on November 26, 2010, by the XIIth National Assembly of the Socialist Republic of Vietnam at its eighth session.-

Chairman of the National Assembly
NGUYEN PHU TRONG