Nghị định 144/2005/ND-CP

DECREE

STIPULATIONS ON THE COORDINATION AMONG STATE ADMINISTRATIVE AGENCIES IN DEVELOPING AND VERIFYING THE IMPLEMENTATION OF POLICIES, STRATEGIES, PLANNING AND PLANS

THE GOVERNMENT

Pursuant to the Law on the organization of the Government dated December  25th  2001; 
Pursuant to the Law on the organization of the People's Councils and People's Committees dated November 26th 2003  ;
At the proposal of Minister, Director  of the Office of the Government,

DECREES

Chapter 1

GENERAL STIPULATIONS

Article 1: Object and scope of regulation

This Decree prescribes the principles, modalities and responsibilities of co-ordination among state administrative agencies in developing policies, strategies, planning and plans (hereinafter referred collectively to as projects) which are to be promulgated or approved or passed by the Government, the Prime Minister of Government, Ministers, Heads of ministerial agencies and governmental agencies, People's Committees, chairmen of People's Committees of centrally-administered provinces and cities (hereinafter referred collectively to as provincial level); in verifying the implementation of these projects after they have taken legal effects (hereinafter referred collectively to as the checking the implementation of projects).

The coordination in developing normative legal documents, which are to be promulgated or approved by the Government, the Prime Minister of Government, Ministers, Heads of  Ministerial agencies and provincial People's Committees has to comply with legal stipulations on the issuance of  normative legal documents.

Article 2: Requirements for co-ordination

The coordination among State administrative agencies in developing and verifying the implementation of projects has to ensure that each agency and organization correctly exercises its own functions, tasks and authorities; the coordination has to ensure the quality of projects and discipline and order in implementing projects; it has to improve responsibilities and effectiveness in realizing interdisciplinary tasks; it has to ensure operational efficiency of the public system from central to local level.

Article 3: Principles for co-ordination

The co-ordination among administrative agencies in developing and verifying the implementation of projects is done in accordance with the following principles:

1. Contents of the projects must have a relation with the functions, tasks and authorities of the coordinating agencies;

2. Objectivity must be ensured in coordination;

3. Professional requirements, quality and duration of the coordination must be ensured;

Article 4: Coordination modalities in developing projects

Basing on characteristics and contents of the projects, line agencies decide to apply one of the following coordination modalities:

1. Comments collected through documents;

2. Meetings undertaken;

3. Field visits and surveys conducted;

4. Interdisciplinary coordination arranged;

5. Information provided at the request of line agencies or coordinating agencies and coordinating agencies informed of issues related to their functions, tasks, authorities.

Article 5: Co-ordination Modalities in checking the implementation of projects

Basing on characteristics and contents of the projects, line agencies decide to apply one of the following coordination modalities:

1. Verification team set up;

2. Comments collected on  issues relevant to contents to be checked;

3. Verified agencies to be worked directly with;

4. Necessary information provided and checked;

5. The preliminary and overall review of the implementation of policies, strategies, planning and plans conducted.

Article 6: Responsibilities and authorities of line agencies

1. For the line agency in developing the projects:

a. To develop preparatory plans for projects in which tasks of each coordinating agency are defined;

b. To arrange coordinating activities as stated in  preparatory plans for projects

c. To request coordinating agencies to appoint eligible cadres and civil servants to join coordinating activities; to inform coordinating agencies about the participation of assigned cadres, civil servants in coordinating activities;  to maintain the relationship with coordinating agencies and urge coordinating agencies to realize their assigned coordinating tasks.

d. To provide necessary information and documents at the proposal of coordinating agencies and other conditions for the coordination;

e. To collect, study and accept  comments and opinions of coordinating agencies; to report to competent state agencies about disputing issues;

f. To summit projects; to propose the final solution for disputing issues and provide the reasons explaining why opinions of coordinating agencies are not accepted;

g. To file dossiers in accordance with legal provisions;

h. To report and explain to competent agencies about the coordination status in accordance with stipulations of this decree.

2. For line agencies in verifying the implementation of projects:

a) To develop verification plans in which time, venue, contents to be verified and responsibilities of each coordinating agency are clearly defined; to send verification plans to coordinating agencies, agencies to be verified and competent agencies that monitor the coordination;

b) To arrange coordinating activities as stated in verification plans; to exercise responsibilities and authorities stipulated at Point c, d, g, h, Item 1 of this Article;

c) To report verification results and recommend remedial solutions; to bear the responsibility for verification progress and accuracy of verification reports.

Article 7: Tasks and authorities of coordinating agencies

1. For coordinating agencies in developing project.

a. To take part in coordinating activities as planned in preparatory plans for the projects; to refuse to coordinate if coordinating contents do not comply with stipulations at Article 3 of this Decree;

b. To appoint eligible cadres and civil servants to join the coordination; to provide favourable conditions in terms of time for cadres, civil servants to join the coordination;

c. To provide timely feedbacks on the issues that are reported by cadres, civil servants joining the coordination; to have the right to reserve their own opinions;

d. To stick to the deadline for comments on issues required by line agencies and be accountable for the quality and consistency of their opinions in all coordinating activities;

e. To provide information, figures and be accountable for the accuracy of information;

f. To request line agencies to provide documents, information that are necessary for the coordination;

g. To propose to line agency to adjust coordination time to ensure the quality of the coordination; to obey the rejection of time adjustment of line agencies if they want to ensure agreed progress;

h. To report to state competent agencies in case they are not invited to join the coordination by line agencies; to present coordination status to competent agencies in accordance with stipulations of this decree.

2. For  coordinating agencies in verifying project implementation:

a. To participate in coordinating activities according to approved preparatory plans; to refuse to coordinate if the coordinating contents do not comply with stipulations at Article 3 of this Decree.

b. To undertake responsibilities and exercise authorities stated at Point b, c, d, e, f, g, Item 1 of this Article.

Article 8: Tasks and authorities of cadres, civil servants appointed to join the coordination

1. To realize assigned tasks; to comply with coordinating plans of line agencies;

2. To regularly report to heads of agencies about their own coordinating activities; to actively provide comments and ask for opinions of heads of agencies if necessary; to obey the steering of heads of agencies over disputing issues that are under the functions, tasks and authorities of agencies;

3. To reserve their own opinions when they are different from those of line agencies or Project Drafting Boards or Editorial Groups, Verifying Teams;

4. To be provided with favourable conditions in terms of time by heads of agencies to fulfill coordinating tasks;

5. To be commended when they successfully realize coordinating tasks and be accountable to competent state agencies when they can not complete coordinating tasks.

Chapter II

COORDINATION IN DEVELOPING POLICIES, STRATEGIES, PLANNING AND PLANS

Article 9: Definition of coordinating agencies in developing projects

1. Pursuant to Article 3 of this Decree, line agencies define coordinating agencies in developing projects and send requests in official documents to coordinating agencies.

2. For projects that are to be promulgated or approved by the Government, the Prime Minister, line agencies send the list of coordinating agencies to the Office of the Government for monitoring and synthesis.

3. For projects that are to be promulgated or approved by Ministers, heads of ministerial and governmental agencies, line agencies send the list of coordinating agencies to the Office of Ministry, ministerial and governmental agencies for their record  and collection.

4. For projects that are to be promulgated or approved by Provincial People’s Committees, Chairmen of Provincial People’s Committees, line agencies send the list of coordinating agencies to the Office of provincial People’s Committees for monitoring and synthesis.

Article 10.  Coordination in investigation and survey

In case coordination in needed in surveys and investigation, it is undertaken in accordance with the following stipulations:

1. Coordination in investigation:

a) 7 days at the latest before the date of investigation, line agencies have to send official proposals to the coordinating agencies. The proposals have to clarify time, venues, contents of investigation, requirements for the number, positions, professional qualifications, work experiences of participants and other conditions (if any).

b) 5 days at the latest before the date of investigation, coordinating agencies have to reply to line agencies in official documents. The documents may inform line agencies the names of participants or even express the refusal to the request if the coordination does not comply with stipulations at Article 3 of this decree.

c. 7 days at the latest before the date of investigation, line agencies have to send official documents to agencies that are going to be investigated. The documents should clarify time, venues, contents of investigation and participants.

2. Coordination in developing survey cards:

a) Line agencies develop draft survey cards and decide to ask for comments and feedbacks of coordinating agencies. Coordinating agencies undertake the responsibility to answer in black and white or provide comments in other forms as requested by line agencies.

If requested by line agencies, coordinating agencies undertake the responsibility to participate in developing draft survey cards.

b) The coordination in developing and collecting comments on draft survey cards is undertaken in accordance with stipulations at Article 3 of this Decree.

3. Coordination in collecting opinions:

Line agencies send survey cards to  surveyed agencies to collect opinions. The time for filling in the cards is at least 5 days. Surveyed agencies bear the responsibility to reply on time as requested by agencies that send the survey cards.

Article 11: Coordination in the operation of the Project Drafting Committee

Once the Project Drafting Committee (hereinafter referred to as the Drafting Committee) is established, the coordination is undertaken in accordance with the following stipulations:

1. The Drafting Committee operates according to the work plan which is designed by line agencies and which clearly defines responsibilities of its each member, time and progress for them to realize their tasks.

2. Members have to comply with the work plan of the Drafting Committee; They have to participate in all activities of the Drafting Committee  as arranged by line agencies; In case they can not join the activities of the Drafting Committee owing to legitimate reasons, they have to report to heads of their agency so that replacing persons can be arranged. Members of the Drafting Committee and replacing persons shall provide official viewpoints of coordinating agencies.

Article 12: Coordination in the operation of the Editorial Group

1. The assistant staff to the Drafting Committee is called the editorial group or the group of experts or the sub-committee (hereinafter referred collectively to as the editorial group).

In case the establishment of the editorial group is needed, line agencies send official proposals to coordinating agencies to appoint cadres, civil servants to join the editorial group; the official proposals should  clarify requirements for number, positions, professional qualifications, work experience of participants and other conditions (if any).

2. The stand-by staff of the editorial group bear the responsibility to write the minutes of every meeting of the Drafting Committee and the editorial group; and to send the minutes signed by chairpersons to members of Group; and to maintain contacts among members.

Coordination among members of the editorial group is undertaken in accordance with the work plans and the direction of heads of line agencies.

Article 13: Coordination in asking for comments in documents

1. Line agencies will ask for comments and feedbacks on the projects through sending project dossiers to coordinating agencies or through the expanded information network of Government and other ways.

2. Line agencies send project dossiers to coordinating agencies and have to define specific contents to be commented by each coordinating agency pursuant to coordination tasks stipulated in the plans to develop projects. Basing on  contents and characteristics of the project, line agencies may request coordinating agencies to revise the project directly or send feedbacks and comments in official documents or use some other suitable ways. The time for comments is at least 5 working days starting from the date coordinating agencies receive project dossiers.

3. Coordinating agencies have to obey the deadline for sending comments and feedbacks at the proposal of line agencies as stipulated at Item 2 of this Article and be accountable for their comments on issues  relevant to their functions, tasks, authorities; if they agree with the project, they shall also have to reply in black and white.

For projects that are to be promulgated or approved by the Government, the Prime Minister, if consulted agencies do not provide comments on the deadline, line agencies have to inform the Office of the Government for reporting to the Prime Minister.

For the projects that are to be promulgated or approved by Ministers, heads of ministerial agencies, heads of governmental agencies, if consulted agencies do not provide comments on the deadline, line agencies have to inform offices of Ministries, ministeral agencies and governmental agencies for reporting to Ministers, heads of ministeral and governmental agencies.

For the projects under are to be promulgated or approved by provincial People's Committees, Chairmen of provincial People’s Committees, if consulted agencies do not provide comments on the deadline, line agencies have to inform Offices of People's Commitees for reporting to the Chairmen of People's Commitees.

4. In case line agencies do not accept the opinions of coordinating agencies, they have to present the reasons and are accountable for their choices;

5. In case comments on the projects are collected through the expanded information network of Government or others ways, line agencies and coordinating agencies coordinate to realize responsibilities and authorities according to the provisions at item 2,3,4 of this Article. Official documents and materials that are sent through the expanded information network of Government or several other means take legal values once they are noted down in the books of official documents of line and coordinating agencies. The time for receiving official documents and materials is calculated when they are noted down in books of incoming official documents of coordinating agencies.

Article 14. Coordination in asking for opinions at meetings

1. Line agencies are entitled to organizing meetings once or several times to discuss directly or indirectly online via the expanded information network of Government and to using several other ways to ask for opinions about projects.

2. 5 working days at the latest before date of the meetings, line agencies have to send the following documents to coordinating agencies:

a. Relevant dossiers and materials and materials on issues that need to be consulted on;

b. Official invitations to the meetings clearly defining time, venue, main contents and participants of the meetings.

c. Heads of coordinating agencies have to appoint cadres, civil servants to attend the meetings as invited and requested by line agencies; and they have to ask cadres, civil servants to address the meetings on the issues required by line agencies in official documents. Agencies invited to the meetings can reject the invitation if  the delivery of official documents and materials does not meet the requirements stipulated at Item 2 of this Article. However, they can not reject the invitation if the meetings are convened by the Prime Minister, Ministers, Heads of ministerial and governmental agencies and Chairmen of provincial People’s Committees.  The reasons for not attending the meetings have to be presented in official documents that must be sent to line agencies before the meetings start.

4. Contents of the meetings have to be noted down in minutes. The minutes are filed and signed by the chairperson. The minutes should clarify which agencies have not attended the meetings or have not made any preparations as requested. Line agencies then send the minutes to coordinating agencies.

5. In case comments on the projects are collected through the expanded information network of Government or others ways, line agencies and coordinating agencies coordinate to realize responsibilities and authorities according to the provisions at item 2,3,4 of this Article. Official documents and materials that are sent through the expanded information network of Government or several other means take legal values once they are noted down in the books of official documents of line and coordinating agencies. The time for receiving official documents and materials is calculated when they are noted down in books of incoming official documents of coordinating agencies.

Chapter III.

COORDINATION IN VERIFYING THE IMPLEMENTATION OF POLICIES, STRATEGIES, PLANNING AND PLANS

Article 15. Definition of coordinating agencies in the verification

1. Pursuant to coordinating principles stipulated at Article 3 of this Decree, line agencies define coordinating agencies in the verification and send specific official documents to each coordinating agency.

2. Line agencies in the verification undertake the responsibility to send the list of coordinating agencies to regulatory agencies in accordance with legal stipulations on verification.

Article 16. Coordination in establishing the verification team

In case the establishment of the verification team is needed, line agencies send official documents to coordinating agencies requesting them to appoint cadres, civil servants to join the verification team. The official documents should  clarify requirements for number, positions, professional qualifications, work experience of participants and other conditions (if any).

Article 17. Coordination in the operation of the verification team

The verification team operates according to the work plan which is designed by line agencies and which clearly defines responsibilities of its each member, time and progress for them to realize their tasks.

Members have to comply with the verification plan of line agencies; They have to participate in all verification activities as arranged by line agencies; In case they can not join the activities of the verification team owing to legitimate reasons, they have to report to heads of their agency so that replacing persons can be arranged.

Article 18. Coordination in developing verification reports

1. Line agencies bear the responsibility to develop reports on verification results to be submitted to competent state agencies. Apart from verification results,  obstacles found during the implementation process and recommendations to revise policies, strategies, planning and plans and proposals of coordinating agencies and results of coordination in the verification are also mentioned in the reports.

Coordinating agencies (if any) are consulted on draft reports before they are submitted to competent state agencies. Their viewpoints have to be presented in the reports of line agencies.

2. In case the interdisciplinary verification team is chaired by the Prime Minister, Office of the Government undertakes the responsibility to develop verification reports to be submitted to the Prime Minister.

Artilce 19. Coordination in direct work with verified agencies

1. In case they want to work directly with verified agencies, line agencies have to send official proposals to verified agencies at least 5 days beforehand. The proposals should clarify time, venues, contents of the meetings and participants.

2. In case the Prime Minister, Ministers, Heads of governmental and ministerial agencies, Chairmen of provincial People’s Committees want to work directly and unexpectedly with verified agencies, they are to decide time, venues, contents of the meetings and participants.

3. Contents of the working sessions have to be noted down in minutes by line agencies. The minutes have to be signed by Chairpersons and filed. Line agencies shall send the minutes to coordinating and verified agencies.

Article 20. Coordination in providing and verifying information for the verification activities

In case figures, figure and material evaluation are needed, line agencies have to send proposals in documents to agencies that are requested to provide or verify the information. The proposals have to clarify contents, time and objectives of the provision and verification of information.

Requested agencies bear the responsibility to provide information on the issues to be verified; and to present their viewpoints of the accuracy of the information and materials and figures as required by line agencies.

In case the provision of information is denied  because  the bits of information are on the list of state secrets, requested agencies have to reply and explain the reasons to line agencies in documents.

Article 21. Coordination through the preliminary and final review of the implementation of projects

Line agencies of the projects undertake the responsibility to conduct the preliminary and final review of the implementation of the projects. Agencies that are relevant to the implementation of the projects undertake the responsibility to conduct the preliminary and final review of specific contents as requested by line agencies.

Line agencies of the preliminary and final review are entitled to requesting coordinating agencies to provide information, figures; to send preliminary and final reports on the issues under their scope of state management; and to attend preparatory meetings for the preliminary and final review.

Line agencies  may send draft reports on the implementation of policies, strategies, planning and plans to coordinating agencies in order to collect comments and feedbacks.

Coordinating agencies have to give answers on time as requested by line agencies.  The time for commenting is at least 5 working days starting from the date of document receipt of coordinating agencies.

Chapter IV

URGE AND INSPECTION OF THE COORDINATION

Article 22: Responsibities of Ministers, heads of ministeral and governmental  agencies

Ministers, heads of ministeral and governmental agencies are accountable to the Prime Minister for the coordination among Ministries, ministeral and governmental agencies and have specific responsibilities as follows:

1. To steer attached units to undertake the coordination.

2. To request ministries, ministeral and governmental agencies, provincial People's Committees to undertake the coordination.

3. To review the coordination once every 6 months for lessons learnt.

4. To prepare periodical and unexpected reports on and be accountable for the coordination in accordance with stipulations of this decree.

5. To inform the Office of the Government of coordinating agencies which do not realize their own required coordinating tasks.

Article 23: Responsibilities of Chairmen of provincial People's Committees:

Chairmen of provincial People's Committees are accountable to the Prime Minister for the coordination of the provincial People’s Committees and have  specific responsibilities as follows:

1. To steer attached units to undertake the coordination.

2. To request provincial People's Committees, ministries, ministeral and governmental agencies to undertake the coordination.

3. To review the coordination once every 6 months for lessons learnt.

4. To prepare periodical and unexpected reports on and be accountable for the coordination in accordance with stipulations of this decree.

5. To inform the Office of the Government of coordinating agencies which do not realize their own required coordinating tasks..

Article 24: Responsibilities of the Office of the Government

The Office of the Government assists the Government, the Prime Minister to direct and coordinate the activities of ministries, ministeral and governmental agencies, provincial People's Committees; and to maintain administrative disciplines and rules in the coordination and have specific responsibilities as follows:

1. To develop or join the development of documents on coordination in developing and verifying the implementation of projects. The documents are then submitted to competent levels for issuance or issued by the Office of the Government.

2. To receive information about the coordination; to urge and check the coordination among ministries, ministeral and governmental agencies, provincial People's Committees; to synthesize and report to the Prime Minister on the realization of coordinating tasks of state administrative agencies.

3. To assist the Prime Minister to review the coordination once every 6 months for lessons learnt

4. To chair meetings with ministries, ministeral and governmental agencies, provincial People's Committees in order to tackle obstacles and difficulties in the coordination.

5. To guide and check the regulation of coordinating activities of offices of Ministries, offices of ministeral and governmental agencies, offices of provincial People's Committees.

Article 25. Responsibilities of offices of Ministries, offices of ministeral and governmental agencies

Offices of Ministries, offices of ministeral and governmental agencies assist Ministers, Heads of Ministerial and Governmental agencies to coordinate the activities of agencies and organizations attached to ministries and ministeral and governmental agencies; and to maintain administrative disciplines and rules in the coordination at Ministries, ministerial and governmental agencies and have specific responsibilities as follows:

1. To be the focal point to contact with other agencies to realize coordinating tasks of Ministries, ministeral and governmental agencies; to provide consultation to Ministers, heads of ministeral and governmental agencies on the coordination with ministries, ministeral and governmental agencies and provincial People's Commitees.

2. To urge and check the realization of coordinating responsibilities of agencies, units that are attached to Ministries, ministeral and governmental agencies;

3. To synthesize and report to Ministers, heads of ministeral and governmental agencies on the realization of coordinating responsibilities of ministries, ministeral and governmental agencies, provincial People's Committees; the realization of coordinating responsibilities of agencies, units that are attached to Ministries, ministeral and governmental agencies;

4. Under the authorization of the Ministers, heads of ministeral and governmental agencies, Heads of offices of Ministries, ministeral and governmental agencies chair the organization of meetings with agencies, units that are attached to Ministries, ministeral and governmental agencies or work with Ministries, ministerial and governmental agencies, provincial People’s Committees in order to tackle obstacles , difficulties in the coordination.

Article 26. Responsibilities of the Offices of provincial People's Committees

Offices of provincial People’s Committees assist People’s Committees, Chairmen of provincial People’s Committees to coordinate the activities of agencies and organizations attached to ministries and ministeral and governmental agencies; and to maintain administrative disciplines and rules in the coordination at the localities and have specific responsibilities as follows:

1. To be the focal point to contact with other agencies to realize coordinating tasks; to provide consultation to Chairmen of provincial People’s Committees on the coordination with ministries, ministeral and governmental agencies and provincial People's Commitees..

2. To urge and check the realization of coordinating responsibilities of agencies, units that are attached to People's Committees.

3. To synthesize and report to People’s Committees on the realization of coordinating responsibilities of ministries, ministeral and governmental agencies, provincial People's Committees; the realization of coordinating responsibilities of agencies, units that are attached to People’s Committees;

4. Under the authorization of Chairmen of provincial People’s Committees, Heads of offices of People’s Committees chair the organization of meetings with agencies, units that are attached to People’s Committees or work with Ministries, ministerial and governmental agencies, provincial People’s Committees in order to tackle obstacles , difficulties in the coordination.

Article 27. Regimes of reporting on the coordination

1. Ministers, heads of ministeral and governmental agencies, Chairmen of provincial People’s Committees bear the responsibility to report to the Prime Minister periodically (once every six months) or unexpectedly in documents on the coordination in developing and checking the implementation of projects.

2. Reports on the coordination have to express the progress of coordination and the  realization of coordinating responsibilities of each agency as assigned and the quality of coordinating activities of those agencies. The reports may come up with several recommendations on the coordination.

3. The deadline for sending the periodical reports that is stipulated at Item 1 of this decree is the 10th of the last month of the second and fourth quarter.

Article 28. Accountability

1. For the projects that are to be promulgated or approved by the Government, the Prime Minister, for the projects that are to be promulgated or approved by Ministers, heads of ministeral and governmental agencies, People's Committees and Chairmen of provincial People's Committees with the coordination of Ministries, ministeral and governmental agencies and provincial People’s Committees and at the request of the Office of the Government, line agencies and coordinating agencies bear the accountability for the coordination.

2. For the projects that are to be promulgated or approved by Ministers, heads of ministeral and governmental agencies, People's Committees and Chairmen of provincial People's Committees, at the request of offices of Ministries and ministerial agencies, offices of governmental agencies, offices of provincial People’s Committees, line agencies and coordinating agencies bear the accountability for the coordination.

3. The agencies that are requested to account for the coordination have to present in details the issues required by line agencies and coordinating agencies.

Chapter V.

CONDITIONS TO GUARANTEE THE COORDINATION

Article 29. Guarantee for expenditure.

Pursuant to the coordination plans and annual financial estimates, Ministers, heads of ministeral and governmental agencies, People's Committees and Chairmen of provincial People's Committees arrange budgets for the coordination.

In case the coordination requires unplanned budgets, the stand-by state budget will be used according to the Law on State budget.

Article 30. Guarantee for information.

1. Line agencies and coordinating agencies bear the responsibility to provide information serving for the coordination in accordance with provisions of this Decree.

2. When settling the issues which are relevant to functions, tasks and authorities of coordinating agencies, line agencies bear the responsibility to inform the settling results to those agencies.

3. Heads of line agencies steer the preparation of dossiers to summit the documents. The dossiers have to include the opinions in documents of coordinating agencies or the collection of opinions of those  agencies. Opinions that are different from those of line agencies have to be gathered in dossiers to submit the documents.

Article 31. Guarantee for conditions of time.

Line agencies have to ensure conditions of time according to the provisions of this Decree for coordinating agencies to realize coordinating tasks.

Heads of coordinating agencies undertake the responsibility to arrange conditions of time for cadres, civil servants to realize coordinating tasks in developing and checking the implementation of the  project as assigned.

Chapter VI.

REWARDING AND PUNISHMENT

Article 32. Rewarding

Collectives and individuals who have achievements in the coordination and  complete their assigned tasks  will be considered to be rewarded according to legal provisions on emulation and rewarding.

Article 33.

1. Within the scope of their competence, the Prime Ministers, Ministers, heads of ministeral and governmental agencies, Chairmen of provincial People's Committees may criticize heads of line and coordinating agencies if the following violations occur in coordinating activities:

a) Line agencies do not comply with stipulations on sending dossiers or do not respect the time for coordination as stipulated at this decree for 3 times;

b) Coordinating agencies do not respect the time for coordination according to provisions of this Decree for three times; they do not give an answer when they are asked for opinions or requested to provide information for three times; they do not attend meetings for three times.

c) Agencies that bear the responsibility to coordinate according to the principles stated at Article 3 of this Decree refuse to appoint cadres, civil servants to join the coordination;

d) Line and coordinating agencies do not obey the reporting regimes according to provisions of this Decree for three times.

Office of the Government, offices of Ministries and ministeral agencies, offices of governmental agencies, offices of provincial People's Commitees issue notices about the criticism of the Prime Ministers, Ministers, heads of ministeral and governmental agencies, provincial People's Committees on violations of the coordination. The notices will be sent to relevant agencies.

2. In case cadres, civil servants who are appointed to join the coordination but they do not complete their coordinating tasks, line agencies issue notices to be sent to agencies managing those cadres, civil servants.

3. In one year, if cadres, civil servants who are appointed to coordinate in developing projects or check the implementation of the projects are evaluated by line agencies to have not completed their coordinating responsibilities, they will not be considered for rewarding in that year.

4. In one year, if the heads of agencies are criticized three times by the Prime Minister according to the provisions at Item 1 of this Article, Minister, Chairman of the office of the Government coordinates with the Minister of Ministry of Home Affairs to propose to the Prime Minister to decide appropriate treatments for them  according to legal provisions.

5. In one year, if the heads of agencies, units attached to Ministries, ministeral  and governmental agencies are criticized three times by Ministers, heads of ministeral  and governmental agencies according to the provisions at Item 1 of this Article, heads of offices of Ministries and offices of ministeral and governmental agencies coordinate with heads of functional units on organization  and personnel at the same level to propose to Ministers, heads of ministeral  and governmental agencies to impose some punishments on those persons according to legal provisions on cadres, civil servants.

6. In one year, if the heads of agencies under provincial People's Commitees are criticized three times by Chairmen of provincial People's Commitees according to provisions at Item of 1 this Article, heads of Offices of provincial People's Committees coordinate with Directors of Home Affairs Departments to propose to the Chairmen to  impose some punishments on those persons according to legal provisions on cadres, civil servants.

7. In one year, if one cadre or civil servant is criticized three times by line agencies according to provisions at Item 2 of this Article, he will be considered for punishments by his agencies according to legal provisions on cadres, civil servants.

Chapter VII.

IMPLEMENTATION PROVISIONS

Article 34. Implementation effects

1. This Decree takes effect 15 days after its publication in the Official Gazette.

2. To abolish stipulations at item 3, article 24, Decree No.86/2002/ND-CP dated November 05 2002 on the functions, tasks, authorities and organizational structure of ministries and ministeral agencies: " The Ministers who are consulted undertake the responsibility to answer in documents not later than 10 days after they have received the documents; if consulted Ministries have no answer, it is understood that they have agreed".

3.To revise the provisions at Point 3, Item 3, Article 13 of the working regulations of the Government attached to Decree No. 23/2003/ ND-CP dated March 12 2003: " heads of consulted agencies bear the responsibility to present their official opinions in documents and send them to line agencies of the projects not later than 5 working days after they have received the proposals with all necessary dossiers.

4. To abolish provisions at Point b, Item 3, Article 13 of the working regulations of the Government attached to Decree No. 23/2003/ ND-CP dated March 12 2003:" If the deadline is over, heads of consulted agencies do not have the answer, it is understood that they have agreed with the projects and have to be accountable for relevant contents".

Article 35. Implementation responsibilities.

Ministers, heads of ministeral and governmental agencies, Chairmen of People's Committees of centrally-administered provinces and cities undertake the responsibility to implement this Decree.