Decision 123/2003/qd-Ttg Dated: Approval Of Research Program Defines The Roles, Functions And Organizational Structure Of The Agency In The State Administrative System, Phase I (2003-2005)

Original Language Title: Quyết định 121/2003/QĐ-TTg: Phê duyệt Chương trình nghiên cứu xác định vai trò, chức năng và cơ cấu tổ chức của các cơ quan trong hệ thống hành chính nhà nước giai đoạn I (2003 - 2005)

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The DECISION approved research programs identify the role, functions and organizational structure of the Agency in the State administrative system, phase I (2003-2005) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to decision No. 136/2001/QD-TTg dated 17 September 2001 from the Prime Minister's approval of the overall program to reform State administration the period 2001-2010;
According to the recommendation of the Minister of the Interior, the decision: article 1. Approval of research program defines the roles, functions and organizational structure of the Agency in the State administrative system, phase I (2003-2005).
Article 2. This decision has the effect after 15 days from the date The report.
Article 3. The Minister of the Interior, Minister, Chairman of the Government Office and the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this decision.
 

 



(Signed) PRIME MINISTER Phan Van Khai RESEARCH PROGRAMS IDENTIFY the ROLE, FUNCTIONS and ORGANIZATIONAL STRUCTURE of the AGENCY in the STATE ADMINISTRATIVE SYSTEM (attached to decision No 121/2003/QD-TTg dated 11 June 2003 from the Prime Minister's) i. CONTEXT of the last time the Government PROGRAM The Prime Minister, has focused on directing the General administrative reform and reform of the organization from the central to local to implement resolutions of the Conference of the Central, 8 3 Central Lock Central VII and 3 Central, 6 (2 times), Central 7 Tags VIII of the party. After each deployment of the aforementioned resolution, the administrative apparatus of the State has gradually streamlined, operate more effectively, contributing to innovation and socio-economic development of the country. However in response to new demands on social-economic management in the period of industrialization, modernization, continue to promote reform of the Organization in the system of organs of State administration under the National Party Congress meeting is urgently needed. Therefore, in the overall program to reform State administration in the period 2001-2010 (decision No 136/2001/QD-TTg dated 17 September 2001), the study identified the role, functions and organizational structure of the Agency in the State administrative system is one of the seven action programmes have important implications. The research program defines the roles, functions and organizational structure of the Agency in the State administrative system from the year 2003 to 2010 are divided into two phases: phase I from 2003 to the end of 2005 and the second phase from 2006 to the end of 2010 with the content Mission, the focus of each stage. From now until the end of 2005 to focus the implementation of the results of the level set out in phase I (2003-2005). On the basis of the results and the experience of this period, continues to build and execute the program content for the next stage.
1. The basic results about organizational reform: a) Has step by step change of functions, the task of the Government, the ministries and local administration levels consistent with the new mechanism in the market economy of the Socialist orientation.
The functions and tasks of the administrative organization system has gradually been renewed, adjusted and supplemented as required the State administrative management in the market economy. The result of the most pronounced is the State administrative apparatus of the levels already turns performed administrative management functions of State. Both in terms of awareness and practices did better macro management function of the Government and the ministries with regard to the process of socio-economic development. The Government, the Ministry has focused more on the formulation of policies, law. The Government has directed the ministries of construction and implementation of strategy, planning, planning overall development of social-economic country and each industry, each of the territories; strengthen inspection, check the Executive and institutions make to society as a whole. The local administration also turns performing management functions of State administration, focusing on construction planning, socio-economic development plan of local society, the implementation of administrative reform, implement democratic regulation, rearrange the specialized agencies , rearrange the State-owned enterprises and strengthen the direction, administration and inspection, check the Organization follow the role, the function of the State administrative management at the local level.
Differentiate and separate the management activities of State administrative bodies out of the production management, the business of business to do the right thing on the role, the function of the body, reduce the intervention does not function correctly, the authority on the production process, business. This is demonstrated quite clearly through the Organization of activities of the Corporation, 90, 91 and especially the promulgation of the law on State enterprises.
The Government, the Prime Minister has been decentralized to the ministries and local authorities in the areas of domestic and foreign investment, land management, appraisal and decided to form the SOE, in the establishment of associations, non-governmental organizations, etc.
b) undertook the arrangement, adjust the structure of the Government (ministries, ministerial agencies) and Government agencies under the Government Organization Act, 2001; gradually arrange the structure of professional bodies in the committees make the streamlining of activities than before and have the quality, effectiveness and better efficiency. Namely:-there has been a significant adjustment of organizational structure within government ministries is moved from the Organization the State management bodies in the sector and mainly for the economic component to the model organization multi-disciplinary governance , most areas in the country, covering a range of economic sectors.
-Has identified a number of areas that need centralized management centralized, vertical and uniform decentralization, transferring some tasks and organizing on local management.
-The number of ministries, ministerial agencies, government agencies have operational streamlining, in effect, more efficient.
c) method of operation, the direction of the Government's Executive and administrative levels has made adjustments in the direction of implementation consistent with the role, the function of State management in the market mechanism, participating in international and regional integration.
The Government already has the focus and innovation, operating the macro for the whole society through the formulation and enactment of legislation, policies, strategies, planning, planning and implementing inspections; gradually limiting the intervention to the particular case under the authority and responsibility of the ministries and local authorities.
2. The weak exist: a) the institutional system of rules on active content and function of the organs of the State administrative system, slow innovation, overlap, duplication, many problems have yet to match the transformation of economic management, social and market economy of Socialist orientation.
b) The decentralization of authority and responsibility between the Government governance with the ministries, ministerial agencies, government bodies and local authorities still slow and low efficiency, lack of clarity and irrational.

c) held the Administration still more clues, multistage speed choices, lack the necessary uniformity of administrative systems and irrational as both vertically and horizontally; poorly effective, efficient; the Executive Director also many inadequacies, not to keep up with new requirements on social-economic development.
3. The cause of the weak: a) Yet have sufficient scientific basis of organizing the administration of the State when the switch to market economies in terms of a single ruling party; lack of review fully experience seriously to have accurate conclusions about organizational change as a basis to sue is a system of organizing state administration fundamentally have the appropriate steps consistent with the actual situation in each stage.
b) leadership, the direction of the work organization also local dispersion even at one, there where the field cut arbitrarily, when lack of resolute implementation, lack of focus and also afraid of difficult, complex.
c) due to the lack of sync on the Organization, operation and the necessary provisions on the criteria, the process to establish new institutions, arrange, modify, dissolve the old organization; as well as the provisions on the liability regime of the Organization and the individual heads of State administrative bodies are no longer suitable for the renovation of the current organization.
II. GOALS And REQUIREMENTS Of The PROGRAM 1. Objective the objective of the program in order to further improve the Organization of the State administrative apparatus in the spirit of the law on organization of the Government in 2001, the law on organization of people's councils and people's committees; build and process of Government, the Prime draft legal text, the project of the Government structure the term tags XII towards: the Government, the ministries, ministerial agencies focus building functions, institutional, issued the plan, macro-management policy for the socio-economic development; steer, check; a clear delineation of authority and responsibility of the authorities; compact apparatus, meet the requirements of market economy to the Socialist orientation.
2. Requirements: a) to determine the true and unknown functions, duties, authority, the responsibility of the Government, ministries, ministerial agencies, government agencies and people's committees of all levels in the market economies of the Socialist orientation.
b) continue to innovate the organizational structure of the Government, the administration of the local government in the spirit of administrative reform to fit the new economic mechanism; ensure a clean, modern and effective operations, efficient, meet the requirements of the task of socio-economic development of the country.
The apparatus of the controlled administration of the structure on the basis of distinct functions, modes of operation of the Division Chief, policy enforcement, providing public services.
c) by 2005, essentially to determine clearly the decentralized administration between State local and Central Government, between levels of local government in the direction of what local areas can perform well and have had a legal framework to regulate and control the progress. The hierarchy of authority are pure, tied with responsibility, conditions of implementation and the enhanced test.
d) specify the functions, duties, powers and organization of the Ministry of local government administration in urban, rural and Government facilities. Professional body in the people's committees of all levels be streamlined organization under the principle of diversified management of areas consistent with the law on organization of the Government in 2001 and the law on organization of people's councils and people's committees.
III. The CONTENT of the PROGRAM To execute this program, it is necessary to formulate and direct the implementation of the following projects: project 1: administrative divisions of the State between Central and local 1. The goal of the project: decentralized administration between the central State and local aims to clearly defined, specific tasks, authority, responsibility of each level in the State administrative system; promote dynamism, creativity, autonomy, responsibility of each level of local government in tackling the work for fast, convenient contributed to enhance the effectiveness and efficiency of State management and socio-economic development of each region and of the country.
2. project requirements: a) holds the views of State power is consistent, has assigned, fair divisions, ensuring consistent management of Government on institutional, policy, strategy, planning, examine, inspect; at the same time uphold the autonomy, the responsibility of each level of Government in the implementation of development and social-economic management on the area.
b) ensure effective in solving work and serve the people; the would offer would make more efficient the delivery to that level; hierarchy is clear, clear, clear address the responsibilities associated with the function and tasks of each level.
c) consistent with the level of socio-economic development in each stage, with the particularity of each industry, the field, with the characteristics of each type of administrative divisions of the town, the countryside and the fit between the industry, the relevant field.
d) ensure respectively between tasks, authority, responsibilities, financial resources, personnel to perform the work is decentralized.
DD) enhance the responsibility of the Council in the decision of the task hierarchy; implementing autonomy, responsibility of the base unit and attach with the renovation, policy.
3. project content: a) survey, assessment of the status of the work of the Central and local divisions; management divisions between levels of local government.
b) analyze the causes and obstacles of the management hierarchy between Central and local, clarify the objective reasons, subjective perception, perspective, institutional organization, the direction taken.
c) propose the content hierarchy:-clearly identify some areas that need centralized management of central management organized by industry vertical (clarifies the conditions and criteria).
-Identify the level of decentralization for local governments, according to the industry group, field. The field of strong hierarchy for local, decentralized sectors with limited extent towards determining the type + Central and provincial level, the district doesn't do that only social work.
+ Identify those types of work that the Central and provincial level don't do that only district level do.
+ Identify those types of work that not only do central provincial level do.
+ Identify those types of work that both the Central, provincial, district, commune together.
The content should be decentralized is divided into 2 levels: the central level with the provincial, district and township level, with focus on the following areas: + technical-economic (financial-investment plans; the budget; the land, build; the technical-economic majors).
+ Social culture (culture, information, sport-training education; health care; people; social-labor).
+ Organization Department (administrative organizations, organization, public service career; staffing; managing public servants).
4. The assignment done: Presiding:-Ministry of the Interior, Office of Government: responsible for organizing and directing implementation of the scheme and directly implement the provisions in points a, b paragraph 5.
-Each Ministry, ministerial-level agencies, government agencies, construction, project management hierarchy about the industry, its areas of responsibility according to the provisions in point c paragraph 5.
Coordinating agency: agencies and some local authorities.

5. products of the project: a) the project on the Central and local divisions.
Completion time: quarter 3 2003.
b) draft resolution of the Government of the Central and local divisions for majors, the field.
Completion time: quarter 3 2003.
c) draft decree of the Government of the State of management hierarchy branches, fields (each of the ministries the Government decentralized governance of the sector, the field himself in charge according to the schedule specified in the resolution of the Government of the Central and local divisions), guaranteed until 2005 to complete the basic hierarchy.
Time to complete: from 2003-2005.
Project 2: research, improve the structure of Government; continue to reorder the Government bodies period 2006 – 2010 1. The goal of the project to build the scientific basis and practical solutions to improve the function and structure of the Government term XII; continue to streamline government bodies period 2006-2010.
2. project requirements: a) build organizational structure of compact, lightweight, Government justified under the principle of diversified Manager field, perform the function mainly macro-management society with laws, policies, instructions and test execution.
b) drastic reduction in government agencies and organizations directly under the Prime Minister. Only a few government agencies have professional, professional service for the macro-management of the Government.
3. project content: a) survey, statistics the task of Government is to do analysis and reviews.
b) determine the content and scope of State government management in the market mechanism.
c), specify the role, the function of the Government according to the following levels:-the Government necessarily have to do and just have the Government do.
-The work has both the Government and the people, the social and political organizations, non-governmental organizations doing the same.
-The Government may opt to do.
-These things just for the people and the non-governmental organizations do.
-Analyze the assignment for the Government ministries, ministerial agencies, government agencies in terms of content, the scope of the object state management.
d) building project of government organizational structure the term National Assembly XII.
4. Assigned to:-host: Department of the Interior, Office of the Government.
-Coordinating bodies: the ministries concerned.
5. products of the project: a) the report of the investigation, the analysis of functions, the task of organizational structure of the Government and of the ministries, ministerial agencies, government agencies after the 2001 Government Organization Law.
Completion time: 2005.
b) sum of government organizational structure the term National Assembly XI.
Completion time: 2005.
c) solutions continue to streamline Government in the period 2006-2010.
Completion time: 2005.
d) project of government organizational structure the term National Assembly XII.
Completion time: 2005.
Project 3: the study of inner organization structure of ministries, ministerial agencies, government agencies 1. The goal of the project: the construction of scientific basis, practicality about arranging organizational structure inside of the ministries, ministerial agencies, government agencies to continue to adjust the organizational structure of ministries, ministerial agencies, government agencies in the period 2003-2005 and doing a complete premise structure within the Ministry of , ministerial bodies period 2006-2010.
2. project requirements: a) Split with administrative organizations held a public career.
b), specify the nature and the type of organization that belongs to staff and law enforcement.
c) streamlined structure, logical, that corresponds to the function, the task of governance of each agency.
3. project content: a) to build the principles, criteria, conditions to arrange the mission organization Chief, law enforcement.
b) construction principles, classification criteria and administrative organization, the public service career.
c) built the sort criteria, principles of universities, colleges, secondary schools and vocational and professional institutions of scientific research, in the hospital, ministerial-level agencies, government agencies.
4. Assigned to:-host: Department of the Interior, Office of the Government.
-Coordinating bodies: the ministries concerned.
5. products of the project: a) assessment report organizational status, activities of the Organization in focal ministries, ministerial agencies, government agencies.
Completion time: quarter of 2004.
b) draft decision of the Prime principle, the sort criteria for universities, colleges, secondary schools and vocational and professional institutes in the Science Ministry, ministerial-level agencies, government agencies.
Completion time: quarter of 2004.
c) the draft decision of the Prime principle, criteria, conditions to arrange the mission organization Chief, law enforcement.
Completion time: quarter of 2004.
d) the draft decision of the Prime Minister about the sort of administrative organization and public service career.
Completion time: quarter of 2004.
Project 4: defining the functions, duties and powers of the people's Committee of the level 1. The goal of the project: a) building construction practices and provide scientific arguments for revising the law on organization of people's councils and people's committees.
b) build functions, duties, and powers of provincial people's committees, district level and social level in the spirit of the law on organization of people's councils and people's committees.
2. project content: a) surveyed the reality of functions, duties and powers of the people's Committee levels.
b) identified the characteristics, the nature of social-economic management for Government in urban and rural areas.
c) redefine the tasks and authority of the Government in the urban and rural areas; the mission, the authority of the Government; delineate clearly the duties and powers of the people's Committee and Chairman of the provincial people's committees, district level and social.
3. Assignment:-host: Department of the Interior, Office of the Government.
-Coordinating agency: Law Committee of the Congress, the agencies and a local number.
4. products of the project: a) assessment report on status of activities of people's councils and people's committees of all levels (first quarter of 2004).
b) project on functions, duties and powers of the people's Committee levels.
Completion time: quarter of 2004.
c) draft decree of the Government functions, duties and powers of the provincial people's Committee.
Completion time: second quarter of 2004.
d) draft decree of the Government functions, duties and powers of the people's Committee at district level.
Completion time: second quarter of 2004.
DD) draft decree of the Government functions, duties and powers of the people's Committee of the social level.
Completion time: second quarter of 2004.
Project 5: streamline, reorganize the specialized agencies in the provincial people's committees, district level 1. The goal of the project: improve the Organization of specialized agencies in the provincial people's Committee, the district level under the provisions of the law on organization of the Government in 2001 and the law on organization of people's councils and people's committees.
2. Requirements of the scheme: a) organize specialized agencies according to diversified fields.
b) prescribed professional bodies in the Committee that the local need to establish and guide the Organization of a number of specialized agencies to provincial people's Council decided to fit the specific characteristics of each locality.
c) determine the function of each professional body are clear, obvious assignment according to the spirit of the administrative reform.
3. project content: a) surveyed the current situation and experience of organizing specialized agencies.

b) build organizational model of professional bodies in the provincial people's Committee, the district; functions of the specialized agencies.
4. Assigned to:-the Agency chaired: Ministry of the Interior, Office of the Government.
-Coordinating agency: the relevant Ministry and a local number.
5. products of the project: a) reported survey results the organization status and activities of the specialized agencies and proposals.
Completion time: second quarter of 2004.
b) draft decree on the Organization of government offices in the provincial people's Committee, the district level.
Completion time: second quarter of 2004.
IV. IMPLEMENTATION 1. Assigned:-host: Department of the Interior, Office of the Government.
-Coordinating agencies: ministries, sectors and localities.
2. Progress: the duration of the program were identified in each project. By the end of 2005 the total organization reviews the results of the program and continue to build the action programme for phase II (2006-2010).
3. Resources to implement the program:-Manpower: use staffs, public servants working in the field of management of personnel of the Ministry of the Interior, Office of the Government and the ministries, relevant local; combine enlist the assistance of professionals in the country and foreign countries when implementing the scheme of the program.
-About funding to ensure the implementation of the programme: based on the program has been approved by the Prime Minister, the Ministry of finance in cooperation with the Ministry of planning and investment has responsibility for budget funding arrangement to ensure the implementation of the planned programme of the Ministry of the Interior.
4. The Chairman of the program Committee: Chairman of the Board:-Interior Minister comrade Executive program.
-The Deputy program: a comrade Deputy Government offices and a comrade Deputy Minister of finance.
The Secretary-level officials including 2 Service of Service Organization-payroll (the Interior Ministry), the administrative reform (Government offices) and a number of officers, specialists of Service Organization-Payroll Services, local authorities, Scientific Research Institute of the State Organization, the administrative reform (Ministry of Interior) Service, administrative reform, Service legislation (Government offices), the criminal law, administrative (Ministry of Justice).
Regulations and the specific organization of the Board the Chairman of the program by the Ministry of the Interior issued after comments with government offices and the Ministry of finance.
 

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