VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
PHAM QUOC SU
CONTROLLING ADMINISTRATIVE PROCEDURES FROM
PRACTICE IN THE SOUTHWEST PROVINCES
Major: Constitutional Law and Administrative Law
Code: 9380102
A SUMMARY OF THE DOCTORAL THESIS IN LAW
Hanoi - 2019
The work was completed at
GRADUATE ACADEMY OF SOCIAL SCIENCES
Scientific Supervisor: 1. Dr. Tran Minh Duc
2. Assoc. Prof. Dr. Nguyen Canh Hop
Reviewer 1: Prof. Dr. Thai Vinh Thang
Reviewer 2: Assoc. Prof. Dr. Dinh Xuan Thao
Reviewer 3: Assoc. Prof. Dr. Nguyen Hoang Anh
The dissertation will be defended before the thesis review council
of the Academy at the Graduate Academy of Social Sciences at
minute, day month year.
The thesis can be found at:
- National Library of Vietnam
- Library of Graduate Academy of Social Sciences.
hour
INTRODUCTION
1. The urgency of the thesis
The reform of administrative procedures is the issue that continues
to be identified by the Party, the Government, and the Prime Minister as a
central task of the 13th Government and also a requirement of our country's
socio-economic development practices. The problem that people and the
business community are very concerned about is how to both cut
unnecessary procedures and avoid creating new ones. This issue first lies in
changing the perception of the heads of ministries, branches and localities.
This requires a new mindset on the relationship between the state and the
market; between the state and citizens and businesses on the basis of human
rights and citizens' rights in accordance with the 2013 Constitution
guaranteed to be realistic, which has become a catalyst for the development,
facilitating the promotion of all social resources.
To meet this requirement, in 2010, the Government issued Decree
No. 63/2010 / ND-CP dated June 8, 2010 on controlling administrative
procedures with a view to consolidating and improving the quality of
operations of administrative agencies. The State strictly controls activities
of issuing administrative procedures, avoiding spontaneity and arbitrariness.
Process and results of controlling administrative procedures has become
one of the key tasks of the administrative reform process. The goal that the
Party and the State determined to promote the implementation and control
of administrative procedures has become an important task of today's
political life. The reality shows that failure to control complicated
administrative procedures will reduce the trust of the people in the Party
and the government, causing difficulties for individuals, domestic and
foreign enterprises who want to carry out investment and business activities
for economic development. If the situation is prolonged, it will cause
political instability, drag back the socio-economic development, especially
in the context of extensive international integration today.
Currently, there are few comprehensive researches on controlling
administrative procedures. There is not such research in the PhD project in
the Southwestern provinces, Therefore, the PhD student selects the Doctoral
Thesis: "Controlling administrative procedures from practice in the
Southwest provinces" (specialized in Constitutional Law and
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Administrative Law) with the hope to contribute to a complete theory and
practice in this field.
2. Objectives and tasks of the research
2.1. Objectives of the research: building scientific arguments to
ensure effective control of administrative procedures in the Southwestern
provinces today.
2.2. Tasks of the research: (1) Clarify theoretical issues controlling
administrative procedures; (2) Assess the current legal status and practice of
administrative procedure control in the Southwestern Province of Vietnam;
(3) Identify policies and propose solutions to ensure administrative
procedures control in the Southwestern provinces in the upcoming time.
3. Object and scope of the research
3.1. Object of the research: (1) Theoretical, legal, and real issues of
controlling administrative procedures. (2) experience in controlling
administrative procedures of some countries in the world. (3) Data and
results of controlling administrative procedures in the Southwestern
provinces and some localities. (4) The Party's policies on administrative
reform, reform of administrative procedures, and current control of
administrative procedures.
3.2. Scope of the research: (1) Regarding the content: studying the
basic issues of the law on controlling administrative procedures in Vietnam
and the Southwest provinces; analyze the current law and practice of
administrative-procedure control in the Southwestern provinces; propose
solutions to improve the law and methods of operations in the Southwestern
provinces (2) Regarding the time: From 2010 to 2017 from the issuance of
Decree No. 63/2010 / ND-CP
4. Methodology and research methods
4.1. Methodology: The thesis is based on the methodology of
Marxism - Leninism, Ho Chi Minh thought, the policies of the Party and
State on the construction of the Socialist rule of law State, on administrative
reform and reform of administrative procedures.
4.2. Research Methods: (1) Methods of analysis and synthesis: This
is used in all chapters of the thesis. (2) System structure method: Mainly
used in chapters 2 and 3; (3) Comparative juridical method: Used mainly in
chapters 2 and 4. (4) Statistical method: Used in chapter 1 and chapter 3.
(5) Legal sociological method: Used in chapters 2, 3, 4. (6) Historical
method: Used mainly in chapter 3. (7) Method of scientific forecasting:
Used mainly in chapter 4.
5. The new contributions of the thesis
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Firstly, the thesis clarifies issues of controlling administrative
procedure such as the concept, roles, characteristics and contents. Secondly,
it analyzes, evaluates and clarifies the reality, advantages, limitations and
causes in controlling administrative procedures in the Southwestern
provinces. Thirdly, viewpoints and solutions are proposed to improve
administrative procedure control in the Southwestern provinces of Vietnam,
including solutions to perfect legal institutions, management and
administration in the Southwest provinces.
6. Theoretical and practical significance of the thesis
(1) Supplement and complete the theory of controlling administrative
procedures such as the concept, nature, characteristics and role of
administrative procedure control. (2) Provide assessments on the
advantages and disadvantages of administrative procedure control from the
establishment in Vietnam's legal system in 2010 until 2017. (3) Supplement
scientific arguments to improve the law on administrative procedures and
ensure the effectiveness of administrative procedures. (4) Research results
of the thesis contribute to raising awareness. (5) The thesis can be used as a
reference for research, teaching, propagation, dissemination and education
of laws on controlling administrative procedures.
7. Structures of the thesis
The thesis consists of 4 chapters:
Chapter I: Overview of the research
Chapter II: Theoretical issues on administrative procedure control
Chapter III: The reality of controlling administrative procedures in the
Southwestern provinces
Chapter IV: Policies and solutions to ensure control of administrative
procedures in the Southwestern provinces
Chapter 1
OVERVIEW OF THE RESEARCH
1.1. Overview of the researches related to the thesis topic
1.1.1. The group of theoretical studies
(1) Group of theoretical studies on administrative reform and administrative
procedure reform: General administrative curriculum, published in 1997 [128].
"Vietnam Administrative Law Curriculum" published by Hanoi Open
University in 2013 [pp 274-83]; "Vietnam Administrative Law Textbook",
Transport Publishing House, Hanoi, published in 2009 [65]; “Administrative
procedures; Theory and Practice ”[170], National Political Publishing House,
Hanoi (2002); "On transparency of activities of local government" [139] on
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Local administrative reform - Theory and practice 1998 [73] and Proceedings
of Scientific Conference of Government Office on Draft Law on administrative
procedures, held in Ha Long, July 2007; Proceedings of Scientific Conference
of Government Office contributing to the Draft Law on administrative
procedures, held in Hoi An, March 2008 ...
(2) Group of research works on administrative control theory:
"Researching the status and proposing solutions to improve the quality of
reform and control of administrative procedures at the Ministry of Industry
and Trade" published in 2012 [46]; Handbook of operational control of
administrative procedures, [52], Curriculum of administrative reform,
controlling administrative procedures of Ca Mau Political School [186];
"Controlling Administrative Procedures in the Implementation of
Administrative Reform Tasks" [110], "Enhancing the capacity of
Government officials in administrative reform" [89]; Proceedings of
Scientific Workshop by the National Academy of Politics and Public
Administration (Institute of State and Law) - USAID - VNCI (200B), with
the topic "Institutional management and competitiveness in the economic
downturn”[90]; Doctoral thesis of jurisprudence "Implementing the law on
handling administrative procedures of the provincial state agencies in
Vietnam today" [112]; The group of research works in the form of master's
thesis: "Some theoretical and practical issues about the organization and
operation of the administrative procedure control agency in our country
today" [79] "Control administrative procedures in the field of land ”....
(3). Foreign research work related to administrative procedures
control: The article "Success in administrative reform in the UK through
the One in - One out Program" [131]; Jim Winkler's article "Real
competence and authority for administrative control agencies" [105];
Pirker, Austrian Federal Chancellery, Dept (2011) MediGuide Verlags
Gesmbh Publishing House, 1150 Vcenna.
1.1.2. Researches on the reality of controlling administrative
procedures:
Doctoral thesis by Nguyen Van Linh "Current law on administrative
procedure control at provincial leve in Vietnam today" [112]; Doctoral
thesis by Tran Thanh Phuong on the topic of "Administrative procedures in
the operation of People's Committee at district level " (2003); Ministrylevel project led by Do Van Coi, 2012 [46]; Article by PhD. Ngo Hai Phan,
Director of Information Administration Department, Ministry of Justice,
Web Portal 12/8/2016 "Starting from innovation in handling administrative
procedures" [72]; "Report on international experience on the issuance of
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administrative decisions" [27] of the Department of Criminal Administrative Law of the Ministry of Justice in 2015. In 2011, Vietnam
Business Association has proposed trade policies [49]; Project 2 of
Program 909 "on renovating the work of issuing, promulgating and
improving the quality of legal documents" [29], accepted in 2007;
Proceedings of Scientific Conference of the Ministry of Justice within the
framework of Project VE / 02/015-VNCI [30] on "Impact Assessment
Report of the Draft Law on the Issuance of Legal Documents (amended)";
Proceedings of Scientific Conference conducted by the Ministry of Justice
in 2012 [15] on "Requirements in Vietnam - US Bilateral Trade Agreement
and World Trade Organization (WTO) Agreement on administrative
procedures” by John Benliley - Chief Legal Advisor of Star Project Vietnam. "Quality control of administrative procedures through impact
assessment process" [149] by PhD. Le Ve Quoc, posted on the Ministry of
Justice Web Portal November 26, 2014 [63]; The article "Controlling
administrative procedures contributes to building a professional, effective
and modern administration", Government Information Department in
2015, the article "Controlling Administrative Procedures in implementing
the Reform Tasks" and the article "Quality control of the issuance of
circulars at ministries - from the perspective of administrative procedure
control" [97] by PhD. Ngo Hai Phan, Web Portal Ministry of Justice
November 26, 2014; "Completing the Law on Promulgation of Legal
Documents from the perspective of controlling administrative procedures
in the legislative process" [97] by Le Ve Quoc, Government Web Portal on
November 26, 2014; Special issue of Foreign Investment Magazine,
entitled "Joining hands to reform administrative procedure" in 2002 [66],
Nguyen Minh Man's article on "New way to express political
determination"; the article "The key to success is from the head", by Dinh
Van An; the article "The Government needs to continue direct
management" by Le Quoc An; article "The cutter must be strong enough",
by Duong Thu Huong; "3 good, 2 bad" by Nguyen Dinh Cung; the article
"Must remove from the root the conflicts between laws" by Tran Du Lich;
The website of Public Administration Reform - Ministry of Justice with
articles "Controlling administrative procedures to contribute to building a
professional, effective and modern administration"; Controlling
administrative procedures contributes to building a professional, effective
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and modern administration; The control of administrative procedures has
contributed significantly to the administrative reform in Thai Binh
province; "The control of administrative procedures has significantly
contributed to the administrative reform in Ha Giang province". The article
by Nguyen Van Linh, "Control of Administrative Procedures in the
Implementation of the Public Administration Reform Task", was published
in the Journal of State Organization dated May 21, 2013; The article "What
solutions for administrative procedures are suitable for people's hearts",
Online Newspaper (July 25, 2017), Actual situation of administrative
procedures; Nguyen Thi Thanh Hoa's Master of Law thesis in 2017 with
the topic "Controlling administrative procedures in the field of land"; The
thesis of Master of Law of Nguyen Hung Hue, with the topic "The law on
quality control of administrative procedures in the current phase of
developing legal documents in Vietnam" in 2017.
1.1.3. The research works proposed solutions for controlling
administrative procedures: The following publications: Vietnam Business
Association, "Trade Policy Recommendations" (2011), "Associations
Wanting to Enhance Dialogue" by the Advisory Council of the Project
Committee (30); "Saigon New Port - Great efficiency from simplicity of
administrative procedures" by Dinh Manh, article by Jim Winkler "Real
competence and authority for administrative control agencies; Ministry
level project in 2012 by Do Van Coi [46]; Handbook of operational
control of administrative procedures, Judicial Publishing House, Hanoi,
2013. Doctor's dissertation by Nguyen Van Linh "Actual situation on
resolving administrative procedures at provincial State agencies in
Southern Vietnam” in 2015; Doctoral thesis of Tran Thanh Phuong on the
topic of "Administrative procedures in operation of district People's
Committee" (2003); The thesis of Master of Law by Nguyen Hung Hue,
with the topic "The law on quality control of administrative procedures in
the current phase of developing legal documents in Vietnam" in 2017.
1.1.4. Foreign research works related to administrative procedures
control: The book "State institutions of countries around the world",
Judicial Publishing House, Hanoi, 2005; CIEM-GTZ (2008) Review of
business license system - findings and recommendations; Pirker, Austrian
Federal Chancellery, Dept (2011), "Online Administration-Basic Guide to
E-Government in Austria", MediGuide Publisher Verlags Gesmbh, 1150
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Vcenna; Gunning (2002), "Understanding democracy - An introduction to
public choice theory" (Understanding democracy - An introduction to
Public choice); written by Tam Vu "Successful administrative reforms in
the UK through the One in - One out Program; Deregulation and
Guillontine. See Jacob & Assoiate (2007) Improving the Vietnamese legal
environment: Screening regulations by the trimming method;
Matsushita M, „Administrative Guidance’ - International Trade and
Competition Law in Japan, Oxford University Press; written by Dr. Pham
Hong Quang, Administrative Guide on some important contents of the
Japanese Administrative Procedure Law and the protection of legal rights
and interests of organizations, individuals, Democracy and the law special
law number 3/2010; Japan's Administrative Procedure Law, Law of Japan,
enacted in 1962, most recently amended on November 12, 1993; China's
Administrative Procedure 5 (168, http://www.fl168.com/ReadText- 5858);
Introduction to Administrative Law, Gyoseihou Nyumon, Ziyukokuminsya
Publishing; Serving and Maintaining Maintenance: “Improving Public
Administration in a Competitive World" by S. Chiavo - Campo and PSA
Sundaram of the Asian Development Bank (National Political Publishing
House, 2003); "Educational Reform in Developing Countries - Education
Reform in the US" and "Education Reform in Developing Countries Education Reform in the UK" by Lu Dat, Chu Man Sinh, Luu Lap Duc, Chu
Hai Yen - China, Vietnam Education Publishing House, 2010 ...
1.2. General assessment of researches related to the thesis topic
1.2.1. The advantages, and results of the studies
(1) In terms of theory: The research works mostly mention and
analyze the theoretical basis of administrative reform, administrative
procedure reform and administrative procedure control, in which the
contents of the concept, characteristics and meaning of control
Administrative procedures are shown quite specifically and are completely
developed.
(2) In terms of situation: The research works have evaluated and
summarized quite sufficiently both the law on administrative reform,
administrative procedure reform and administrative procedure control and
the actual implementation of this activity.
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(3) In terms of solutions: The research works are aimed at improving
the administrative reform law, reforming administrative procedures and
controlling administrative procedures, especially some public authorities
propose amendments and supplements to legal regulations.
1.2.2. The issues have not been addressed, resolved thoroughly or
remains arguments or debates.
(1) In terms of theory: There is still a lot of controversy: Firstly, the
concept of controlling administrative procedures has not been highly
unified; Secondly, position, role and nature of controlling administrative
procedures also face opposite views. The issues have not been mentioned:
firstly, the works are only stated in a general, simple way on a number of
specific fields; secondly, there are still some issues affecting socioeconomic ... which have not been studied yet; thirdly, the procedures,
processes and content have not been discussed in detail; Fourthly, the
factors affecting the effectiveness have not been studied clearly. (2)
Regarding the current legal status and practices: They have not been
thoroughly evaluated; Factors affecting effectiveness are not mentioned. (3)
Regarding solutions: There is only assessment on the legal status, the
practical application of some subjects, and a number of other issues that
have not been evaluated.
1.3. Issues that will be clarified in the thesis
1.3.1. About the theory: (1) Regarding the concept of controlling
administrative procedures: There are still a lot of arguments that will be
further studied in the thesis. (2) On the inevitability of administrative
procedures control: There are researches but they lack the complete system,
and comprehensive concept. (3) There is no comprehensive research on
position, role, content, characteristics, process of implementing
administrative procedure control.
1.3.2. Regarding the situation: (1) It has not been fully envisioned, in
terms of law adjustment and law enforcement, the overall model of
administrative procedures control. (2) There is no comprehensive and specific
research work on the content constituents, composition mechanism,
assurance conditions ... leading to the lack of practical bases. (3) The
administrative control mechanism has not been studied adequately, only at
the mentioned level, there is no profound and specific explanation.
1.3.3. Regarding solutions, recommendations: (1) Lack of analysis,
arguments and recommendations to ensure the implementation of the Party's
guidelines on controlling administrative procedures to ensure human rights
and international integration. (2) The common point about the legal model
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and the basic legal framework governing the control of administrative
procedures has not been clarified. (3) The researches are single, unsystematic
and the solutions have not yet reached the synchronization and completeness
and the persuasion is not high. (4) Lack of comprehensive and long-term
solutions to realize the principle of assignment and coordination.
1.4. Research hypothesis and research questions
1.4.1 Research hypothesis: Theoretical issues have not been studied
comprehensively in the legal system. There is lack of assessment and
identifiaction of inadequacies, problems or necessity to build a system of
synchronous solutions, ensuring effective implementation in the current
conditions
1.4.2 Research questions: Firstly, what theoretical issues need
analysis and clarification to ensure consistency in theoretical awareness?
What is the rationale for evaluating the current situation? Secondly, what is
the current situation of controlling administrative procedures in the
Southwestern provinces? What are the advantages, limitations and causes?
Thirdly, what are the guarantee conditions to improve the quality of current
administrative control? Fourthly, what is the solution to improve the quality
and efficiency of administrative procedures control in the Southwestern
provinces?
Chapter 1 Summary
The results of the research shows that many theoretical and
practical aspects have been clarified. This is an important source that will
be inherited in the process of carrying out the thesis research. Besides, there
are many issues that have not been deeply studied. The dissertation sets out
research objectives and tasks to fulfil the gap of not researching on the
problem groups related to the thesis topic and complete the research
objectives and tasks.
Chapter 2
THEORETICAL ISSUES ON CONTROL OF ADMINISTRATIVE
PROCEDURES
2.1. The concept, characteristics, position, and role of
controlling administrative procedures
2.1.1. Concepts
(1) Administrative procedure concept: There is a view that:
"Procedure is a way of carrying out a job with a certain content and order,
according to the regulations of the State agency" [188 p. 927]; "Procedures
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are specific tasks that must follow a set order in order to carry out a formal
work" [225, p. 153]. From the perspective of normative procedures,
“administrative procedures are the order and manner prescribed by the
administrative law so that the competent State administrative agencies conduct
their activities within the scope and field of administrative management. The
main objective is to implement material norms regulated by administrative
laws and other laws' regulations [80- page 67]. According to Decree No.
63/2010 / ND-CP: “Administrative procedures are the order, method of
implementation, dossiers and requirements, conditions prescribed by State
agencies and competent persons to settle a specific work related to individuals
and organizations ”[56] including: name of administrative procedures; The
order of execution; how to perform; file; Time limit for settlement; objects of
implementation; Implementing agencies; Results of implementation of
administrative procedures; Requirements, conditions; Application form,
declaration form; Fees and charges
(2) Definition of administrative procedures: Settlement of
administrative procedures is a matter of state agencies and competent persons,
examining and clarifying the nature and contents of administrative issues and
cases in the correct order and manner due to administrative law to make
conclusions or decisions to solve problems, cases in a right, legal and effective
manner, meeting the requirements of State administrative management, serving
society and people, protecting the legitimate rights and interests of agencies,
organizations and individuals [112-page 42]; settlement of administrative
procedures "is a system of administrative legal regulations promulgated by
competent state agencies and guaranteed to adjust relations arising, as well as
ensuring individuals and organizations to exercise their lawful rights and
interests, thus contributing to ensuring the order of management activities. State
management, promoting socio-economic development of the locality and
across the country.
(3). The concept of controlling administrative procedures: By Doan
Thi Hong Hanh: “Control of administrative procedures is an activity carried
out by competent entities with the content of reviewing, evaluating and
monitoring to ensure the legality, feasibility of the regulations on
administrative procedures, ensuring full compliance with the principles and
requirements in the implementation process of administrative procedures and
achieving the set targets [79] ”; Clause 5, Article 3 of Decree No. 63/2010 /
ND-CP “controlling administrative procedures is the consideration, evaluation
and monitoring to ensure the feasibility of the administrative procedures,
meeting the requirements of publicity and transparency in process of
organizing the implementation of administrative procedures ”[56]. According
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to the author, "Controlling administrative procedures is an activity of
examining, detecting and handling violations in formulating, promulgating
and implementing administrative procedures in order to ensure the legality
and feasibility of issuing administrative procedures as well as the
effectiveness of administrative-procedure implementation"
2.1.2. Characteristics, roles of administrative procedures and
control of administrative procedures
2.1.2.1. Characteristics, role of administrative procedures
(1) Administrative procedures are governed by procedural rules,
which are the legal basis for state agencies to carry out their functions.
Administrative procedures are an integral part of the system of normative
procedures.
(2) Administrative procedure is a sequence of exercising authority
in state administrative activities.
(3) Administrative procedures are very diverse and complicated, as
follows: + Implemented by many state agencies and civil servants; +
Defining the rights and obligations of the parties involved in the
administrative relationship, including the work of the State and citizens ....
2.1.2.2. Characteristics, role of controlling administrative
procedures
(1) Controlling administrative procedures is a content directly related
and closely linked to State management activities.
(2) Administrative procedures control are closely linked with the
administrative reform target, which is a major contributor to the success of
administrative reform.
(3) Strictly control the issuance of administrative procedures to
promote the control of administrative procedures.
(4) Improve the operational quality of the apparatus of State
administrative agencies, cadres and civil servants; service quality, public
administrative services, creating a favorable environment, openness,
equality, transparency, minimizing time and costs of administrative
procedures; contribute to building a democratic, modern, professional,
dynamic and serving administration for the people.
(5) Control of administrative procedures has a great impact on
promoting socio-economic development, because administrative procedures
will help remove administrative barriers for business environment and
people's lives, help reduce the risks that people and businesses may
encounter in implementing administrative procedures, minimizing the costs
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of administrative procedures, to reallocate to activities serving investment,
creating jobs, thereby contributing to socio-economic growth.
2.2. The subjects, organizational structure, functions and tasks of
agencies controlling administrative procedures
(1) Regarding subjects: The first group: The National Assembly,
the Government, Ministries, ministerial-level agencies, People's Councils
and People's Committees of provinces are competent to promulgate
administrative regulations. The second group: Department of
Administrative Control of Government Office, Ministry of ministerial-level
Legislation agencies, ministerial-level agencies, Department of
Administrative Control directly under Office of provincial People's
Committee. The third group is the group of subjects belonging to the State
administrative agencies, officials and employees of administrative agencies
who perform administrative procedures. The fourth group: Organizations
which are public non-business units, enterprises and individuals who are
assigned or empowered by law. The fifth group: Citizens organize the
implementation of citizens' rights and obligations to participate in the
implementation of administrative procedures. The subject under study is a
group of subjects that directly control administrative procedures by sector.
(2). Organizational structure, functions and tasks of controlling
administrative procedures: (1) The Department of Administrative Control
of the Government Office advises and assists the Government Office in
exercising State management of administrative procedures nationwide. (2)
The Legal Department of ministries and ministerial-level agencies advise
and assist the ministry leaders in performing the state management of
administrative procedures control (3) The administrative office of the
administrative department of the provincial People's Committee office is
the specialized agency to assist the Provincial People's Committee's
advisory office in controlling the administrative procedures in the
provincial area. (3) Provincial departments, committees and branches, the
People's Committee of the district level at commune level who give advises
on controlling administrative procedures at the unit level.
Functions and duties: Controlling administrative procedures is a
comprehensive control activity starting from controlling regulations on
administrative procedures in the project, drafting legal documents to
organize the implementation of such administrative procedures in practice.
2.3. Content and process of controlling administrative procedures
2.3.1. Content of administrative procedure control
(1) Assess the impact of administrative procedures (in terms of
legality, rationality and necessity) and assess the costs of administrative
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procedures in the draft legal documents; Gather administrative regulations
in the draft legal documents; Collect feedback on administrative procedures
in draft legal documents; (2) Control the implementation of administrative
procedures; (3) Publish and publicize administrative procedures; (4)
Review, evaluate and simplify administrative procedures; (5) Receive,
handle feedback and propose administrative regulations
2.3.2. Process of administrative procedure control
2.3.2.1. Assessing the impact of administrative procedures in
drafting legal documents: The content of evaluation criteria is based on (1)
necessity (2) reasonability (3) legitimacy (4) effectiveness (5) costs of
administrative procedures before promulgation.
2.3.2.2. Control the implementation of administrative procedures
(1) Principle of implementation: Settlement of administrative
procedures must be prompt, convenient, in accordance with the law, equality,
objectivity, publicity, transparency and close coordination among authorized
agencies (2) Settlement process: guide, receive, solve and return administrative
procedures according to the one-one theo cơ chế một cửa liên thông TTHC. (3)
Procedures: Directly at the one-one mechanism section, through public postal
services or online.
2.3.2.3. Publication and disclosure of administrative procedures
(1) In terms of principles, the publication must be complete,
accurate, comprehensive, transparent and timely. (2) Conditions and scope
of publication: subject to the regulation of Decree No. 63/2010 / ND-CP;
specified in the legal documents; Fully meet the forming parts. (3)
Publicizing administrative procedures: (1) Publicizing on national database
of administrative procedures; (i) Publicity at the head office of the agency
or unit; (ii) Posting on the web portal; (iii) In addition to the form of
mandatory publicity, other appropriate forms may be taken.
2.3.2.4. Review, evaluate and simplify administrative procedures
Process of reviewing and assessing administrative procedures: (1)
Planning review and evaluation; (2) Conducting a review and assessment of
each administrative center; assessment of administrative-procedure group;
Review and work out thematic evaluation (3) Summarize the review and
evaluation results
2.3.2.5. Receive, handle feedback and recommendations on
administrative regulations
With the goal of encouraging citizens, the organization to
participate in the process of reform and control of administrative
procedures, through the form of direct phone reception, mail, application,
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reflection letter, direct talk about the procedures for collecting comments on
draft documents; receive and handle reflection on the service attitude;
difficulties rising from unreasonable regulations of administrative
procedures ..
2.4. Conditions to ensure control of administrative procedures
2.4.1. Political and socio-economic conditions: Political conditions are
the factors that create the basis for implementing administrative procedure
control, which create the political environment in each specific period,
including: political norms, guidelines, policies, policies of the Party, activities
of the political system, etc.
2.4.2. Legal conditions: It is the system of legal normative documents
regulating administrative procedures control, a tool for State management and a
basis for implementation; elements of organizing the implementation of legal
documents, legal consciousness of the subjects is the legal conditions affecting
the implementation efficiency.
2.4.3. Conditions of implementing resources: Human factors (officials
and public employees); facilities help to ensure the implementation of
professional agencies in practice. Etc.
2.5. Local and internatonal experience in controlling
administrative procedures
2.5.1. Experience in controlling administrative procedures in some
localities
(1) Controlling administrative procedures in Ho Chi Minh City (2)
Da Nang City and provinces such as Lai Cha,Ninh Thuan and Bac Giang
2.5.2. Experience of administrative reform in some countries
relating to administrative procedure control activities
Firstly, Austria with the "HELP" program provides information on
the official online channel; CITIZEN CARD citizenship program,
FINANZONLINE program online data exchange system; ELECTRONIC
RECORD SYSTEM (ELAK) program to improve public administrative
services; ELECTRONIC LAW-MAKING program to develop online legal
documents; Public electronic scheme “E-Recht”. Secondly, Hungary with
the programs: (1) Institutional reform and administrative modernization (2)
implementation of administrative procedures into the administrative system,
its impact on the management system (3) Strategy to find cadres, officials is
oriented from first selection until retirement. In Netherlands: the Dutch
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Advisory Board on Administrative Burden Program, the operation of
Netherlands Support and Facilitation Agency (support the activities of
businesses and citizens) (Dutch Advisory Board on Administrative Burden)
Holland Gateway). In Germany: It minimizes overlapping procedures between
agencies; There are also models for evaluating quality and compliance costs,
modes of implementing administrative procedures; provision of public services
online. In Ukrainian: limiting bureaucracy at all levels; Maximizing Internet
technology to minimize exposure. In Poland and the Czech Republic: the issue
of rights; using the internet to make public all information. In Japan, it regulates
administrative decisions in resolving administrative procedures including 4
basic contents as those relating to licensing; handling decisions and
instructions; notification procedures, types of decisions (decisions permissions;
approving; banning; licensing, protection rights; administrative sanctions);
Administrative guidelines (1) Motivational guidelines; (2) Regulatory direction
(3) Handling instruction;
2.5.3. Practical experience
Firstly, measures to improve accountability and ensure the right to
supervision of individuals and organizations. Secondly: plan to expand the
provision of online public services. Thirdly: research and develop the timer
method for some services. Fourthly: develop tools to monitor, inspect and
supervise the handling of violations in administrative settlement. Practical
experience of specific countries is: (i) The process of impact assessment or
approval ... is very strict (ii) The process of simplifying administrative
procedures is only stipulated in the Law document and restricts the multiple
legal documents guiding implementation.
Chapter 2 Summary
(1) Analyze and clarify some concepts, characteristics, the role of
administrative procedure control, operational principles, direct subjects of
administrative procedure control activities. (2) Analyze and clarify issues
on subjects, the authority to control administrative procedures, receiving
and resolving administrative procedures, publicizing and announcing
administrative procedures, handling feedback and proposing administrative
regulations. (3) Analyze the basic contents of administrative procedures
control: (i) Control the regulation of administrative procedures in the
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project, draft legal documents; (ii) Control the publication and disclosure of
administrative procedures; (iii) Control the admission and settlement of
administrative procedures; (iv) Control the receipt, handling of feedbacks
and petitions on administrative regulations; (v) Reviewing and evaluating
administrative procedures. (4) Experiences on administrative procedure
control of some provinces and some countries in the world.
Chapter 3
CURRENT CONTROL OF ADMINISTRATIVE PROCEDURES IN
THE SOUTHWESTERN PROVINCES
3.1. Specific factors affecting the control of administrative
procedures in the Southwestern provinces
3.1.1. The population of the Southwestern provinces
3.1.2. Human resources and educational quality
3.1.3. Quality of public administrative management
3.1.4. Policy of socio-economic development in the southwestern
provinces
3.2. Current legal system controlling administrative procedures
3.2.1. The system of laws controlling administrative procedures is
promulgated by central agencies
The legal system of administrative procedures control currently includes
two sources of documents with the same scope of adjustments related to
administrative procedures control but does not guarantee the consistency of
authority, form of documents, and process of issuing instruments. Therefore,
according to Article 14 of the Law on Promulgation of Legal Normative
Documents 2015, legal documents of Ministries, ministerial-level agencies,
government-attached agencies, People's Councils and People's Committees at
all levels do not have the right to promulgate documents prescribing
administrative procedures, except as otherwise provided in law. On the other
hand, this law also stipulates the order and procedures for the promulgation of
common legal documents. While Decree No. 63/2010 / ND-CP stipulates the
authority to issue administrative procedures, including: Government,
Ministries, Committees, Central Branches, People's Councils and Provincial
People's Committees, and procedures for promulgating administrative
regulations. While the Law on Organization of Local Government 2015
stipulates that the People's Council and People's Committee can prescribe
policies and measures to organize the implementation according to functions
and tasks, etc…
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3.2.2. Current legal system on administrative procedure control
promulgated by local authorities
Some regulations have been promulgated such as: reviewing,
announcing and publicizing administrative procedures; the regulation on
coordination in reception and handling of citizen and organization petitions
on administrative regulations; Regulation on coordination in solving
administrative procedures; regulations of citizens and businesses talk on
administrative procedures ... However, there are many differences in this
legal system in terms of manner, content and methods of implementation.
Due to the unique factors of each locality, and the flexibility of
implementation methods, there is still lack of synchronization.
3.3. Current organization, leadership, direction and control of
administrative procedures in the Southwestern provinces
3.3.1. Current organizational model for controlling administrative
procedures
Organizational model: (1) has not been completed according to the
system of structure from the central to local. (2) no stipulations on
functions, duties, powers and scope of activities at the provincial
departments, committees, branches, district and commune People's
Committees; (3) there is no regulation on number and standard conditions
for officials directly in charge of administrative procedures. (4) No
regulation on number, conditions, standards of local officers; (5) not
perfecting the coordination mechanism based on the principle of
decentralizing the authority that is not synchronized, overlapping and low in
effectiveness.
3.3.2. In terms of directing, operating and controlling
administrative procedures
(1) The arrangement of cadres and civil servants points has not met
the requirements of experience and capacity; (2) public disclosure,
inadequate disclosure, unstable administrative procedures, statistics, republication; (3) control of administrative procedure is not serious, lack of
strict procedures for receiving, processing dossiers and returning results;
not fully comply with the process and time limit for administrative
procedures, (4) not mobilizing the participation of people ..
3.3.3. In terms of administrative procedures
According to the statistical results in "Statistical chart 3.3.1 on the
number of legal documents and administrative procedures promulgated from
2013 to 2017": (1) many administrative procedures have not met the principles
of being simple, easy to understand and perform; (2) not yet guaranted the
equal rights of subjects who perform the administrative procedures; (3) there
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are many difficult regulations to implement and increasing compliance costs;
(4) many administrative procedures have not guaranteed the constitutionality,
legality, uniformity, not ensuring the continuity, lack of clarity, transparency,
and rationality about the implementing subjects; There are many administrative
procedures which do not guarantee sufficient components.
3.4. Control of administrative procedures in the Southwest
provinces
3.4.1. Control and impact assessment of administrative procedure
impact assessment
Current situation and performance: (1) Impact assessment process
when issuing administrative procedures (Table 3.3.1); (2) The process of
collecting comments and appraisal on administrative procedures,
regulations ... identification of the inappropriate issues from the law,
difficulties and shortcomings in practice ...
3.4.2. Control of implementation of administrative procedures
(1) Results of receiving and resolving administrative procedures
(Statistical form 3.3.3) show the general status of administrative procedures
(2) Assessing the status of the model, the process of implementing the oneone mechanism (3) Assessing the process and results of implementation of
civic guidance, organization and implementation of administrative
procedures (4) Spirit, service attitude, behavioral culture, satiscification.
3.4.3. Control the publication of administrative procedures
As shown in the statistical results, the assessment of issuing
administrative procedure announcement (Statistical Color Chart 3.3.2) at the
provincial, district and commune levels does not show the specific causes and
conditions.
3.4.4. Review, evaluate and simplify administrative procedure
According to the statistics in (Form 3.3.6) in the Southwestern
Provinces, the basic administrative procedures are simplified compared to
the previous ones. However, there are still a lot of administrative
procedures and their constituent parts such as: dossier components,
requirements, conditions, time limit ... which are not reasonable, specific,
difficult to implement. They aslo have not been reviewed, evaluated or
simplified yet; The process, order and procedures for reviewing are
complicated and difficult to implement. Therefore, it is necessary to study
and improve this process.
3.4.5. Receive, handle feedback and recommendations on
administrative regulations
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