Nghị định 71/1998/ND-CP

DECREE

PROMULGATING THE REGULATION ON EXERCISING DEMOCRACY IN THE ACTIVITIES OF AGENCIES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to Resolution No. 55/1998/NQ-UBTVQH10 of August 30, 1998 of the National Assembly Standing Committee on the promulgation of the Regulation on exercising democracy in the activities of agencies;
At the proposal of the Minister-Chairman of the Government Commission for Organization and Personnel,

DECREES:

Article 1.- To issue together with this Decree the Regulation on exercising democracy in the activities of agencies.

The agencies mentioned in this Regulation are the State administrative agencies from the central to district levels.

Article 2.- Basing themselves on this Regulation, the ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall, after reaching agreement with the Minister-Chairman of the Government Commission for Organization and Personnel, have to promulgate and guide the implementation of the Regulation on exercising democracy in the activities of administrative agencies within the branches and domains under their respective management.

Article 3.- This Decree takes effect 15 days after its signing; All previous regulations contrary to this Regulation are now annulled.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

REGULATION

ON EXERCISING DEMOCRACY IN THE ACTIVITIES OF AGENCIES
(Issued together with Decree No. 71/1998/ND-CP of September 8, 1998 of the Government)

Chapter I

GENERAL PROVISIONS

Article 1.- The Regulation on exercising democracy in the activities of agencies aims to bring into play the mastery of public employees, contributing to the building of pure and strong agencies and a contingent of public employees being people's public servants, who have good moral qualities and capabilities, work with productivity, quality and efficiency, thus meeting the requirements of the national development and renewal; to prevent and combat corruption, wastefullness, red-tape, trouble-making and harassment of people.

Article 2.- The bringing into play of the mastery of public employees must be associated with the ensuring of the leadership of the Party organizations in agencies, the observance of the principle of democratic centralism, the implementation of the one-boss regime and the promotion of the mass organizations' role.

Article 3.- Democracy must be exercised in the framework of the Constitution and laws; the bringing into play of democracy shall go along with the resolute handling of all acts of abusing democracy to violate the Constitution and laws, infringe upon the people's democratic freedom, and hinder the performance of public duties in agencies.

Chapter II

DEMOCRACY IN THE AGENCIES' INTERNAL AFFAIRS

SECTION 1. RESPONSIBILITIES OF THE HEADS OF AGENCIES

Article 4.- The head of an agency shall manage and run all the activities of such agency according to the one-boss regime, taking responsibility before law and his/her superiors for all activities of the agency as well as for the performance of the tasks and public duties by the public employees under his/her management in accordance with the provisions of law.

Article 5.- At regular briefings, the agency's head shall make the assessment of the agency's work performance in the recent past, listen to opinions contributed by public employees and set major tasks to be fulfilled in the coming time.

Every month, the agency's head shall have to review the execution of the Party's resolutions and tasks of the agency.

At least once every 6 months, the agency's head shall have to assess the work performance by the agency and various sections thereof, pointing and working out measure to bring into play the mastery of the agency's public employees, overcome red-tape, authoritarianism, corruption, harassment of people and weaknesses in the implementation of tasks, plans, laws, policies, regimes as well as the observance of internal regulations and rules of the agency.

At year-end, the agency's head shall have to organize an overall review of the agency's activities.

Article 6.- The agency's head shall have to manage the agency's public employees in terms of ideology, moral qualities, employment, training and policy implementation in order to build a contingent of qualified and capable officials and employees.

Article 7.- According to the division of responsibilities for the management of public employees, the agency's head shall every year make the assessment of public employees under his/her management and direct persons in charge of various sections of the agency in assessing public employees under their respective management.

The annual assessment of public employees shall be conducted as follows:

1. The public employees shall make written reports on their respective work performance with the following contents:

- The observance of the State's policies and laws;

- The work performed in the year and the evaluation of the quality and efficiency thereof; public employees who are leading officials of the agency shall also have to assess their leadership role in the year;

- Their moral qualities, sense of organizational discipline and truthfulness in the discharge of work;

- The relationship of coordination in their work.

2. The people in sections where the public employees work shall give their comments on such self-criticism reports.

3. The immediate superiors of the public employees shall make annual written assessment of such public employees and directly inform them thereof; the public employees shall have the right to express their ideas on such annual assessment;

4. The annual assessments shall be included in the public employees' personal records and managed by the agency according to the division of responsibilities.

Article 8.- The agency's head shall have to listen to the opinions, reports and criticisms of their public employees and must not take revenge on those who have criticized him/her. When public employees request to meet him/her, the agency's head shall meet with them and exchange opinions on the matters concerned.

Article 9.- The agency's head shall take responsibility for the efficiency of the use of the agency's property and the thrifty use of funds allocated to the agency and comply with the regulations on making public financial situation of the agency. The purchase of equipment, means and other kinds of property through biddings must be conducted in accordance with the regulations on bidding.

The assignment of financial and personnel quotas and the additional allocation of funds for the concerned agencies and/or organizations must be done collectively by the agency's leadership and in accordance with the provisions of law.

Article 10.- The agency's head shall, within his/her tasks and powers, have to take measures to prevent and check corruption acts, to handle and create conditions for the competent agencies and/or organizations to handle persons who commit acts of corruption; if he/she lets corruption occur in the agency due to the negligence in his/her responsibility, he/she shall be dealt with in accordance with the provisions of law.

Article 11.- Once a year, the agency's head shall, in coordination with the agency's trade union, organize the conference of public employees at the end of the year. The conference of public employees shall be participated by the agency's entire public employees or their delegates. Upon the request of two thirds (2/3) of the public employees or of the agency's trade union's executive committee or if he/she deems it necessary, the agency's head shall convene an extraordinary conference of the agency's public employees.

A conference of the agency's public employees shall focus on the following contents:

1. Reviewing the implementation of the Party's resolutions and laws of the State, evaluating the implementation of the annual plan and discussing measures for the implementation of the agency's plan in the next year;

2. The agency's head shall accept the opinions and criticisms of public employees; answer their queries and requests;

3. Discussing measures to improve the working conditions and raise the living standards of the agency's public employees;

4. Listening to report(s) of the agency's people's inspectorate; electing members to the people's inspectorate as prescribed by law;

5. Commenting on issues stipulated in Article 17 of this Regulation;

6. Commending and/or rewarding the agency's individuals and collectives that have achievements in their work.

SECTION 2. RESPONSIBILITIES OF PUBLIC EMPLOYEES

Article 12.- The public employees shall have to perform their obligations and refrain from doing things prohibited by the Ordinance on State Public Employees.

The public employees shall be accountable before law and the agency's head for the performance of their tasks and public duties; have a healthy lifestyle, be honest, thrifty, incorrupt, public-minded and impartial.

Article 13.- While performing their tasks and public duties, the public employees shall have to follow the direction and guidance of their superiors.

The public employees shall have the right to express their opinions and suggest measures to settle matters under their responsibilities, which are different from the opinions of their immediate superiors; but still have to abide by the superiors' direction while being entitled to reserve their opinions and report them to the higher authorities.

Article 14.- The public employees shall have to seriously make self-criticism, bring into play their good points and overcome their shortcomings and weaknesses so as to progress; to take up frank criticism even of the agency's head and the struggle for building a strong agency; when requested, the public employees shall also have to contribute opinions to the elaboration of legal documents and plans of the agency.

SECTION 3. THINGS WHICH MUST BE AWARE OF BY PUBLIC EMPLOYEES

Article 15.- The following things must be made public to the public employees:

1. The Party's and State's lines and policies related to the work of the agency;

2. The agency's annual and quarterly working plans;

3. The annual funds for operation, including the State-budget allocated funds and other financial sources as well as the annual final settlement of expenditures of the agency;

4. The recruitment, commendation, discipline, raising of salaries and grades, and promotion of public employees;

5. The agency's negative phenomena and corruption cases which have already been concluded;

6. The results of the settlement of complaints and denunciations within the agency;

7. The agency's internal regulations and rules.

Article 16.- The agency's head shall have to inform the public employees of matters prescribed in Article 15 above in one of the following forms:

1. Posting up of such information at the agency's office;

2. Making announcement thereon at the public employees' conference;

3. Sending a written announcement to all public employees of the agency;

4. Notifying such to the managers of the agency's sections and requesting them to notify the public employees working in their respective sections thereof;

5. Notifying the agency's Party Committee and trade union's executive committee thereof in writing.

SECTION 4. WORK TO BE COMMENTED ON BY PUBLIC EMPLOYEES AND DECIDED BY THE HEAD OF THE AGENCY

Article 17.- Work to be commented on directly by public employees or through their representatives before being decided by the agency's head shall include:

1. Undertakings and measures to implement the Party's resolutions and the State's laws, which are related to the agency's work;

2. The annual working plan of the agency;

3. The organization of emulation movements;

4. The agency's preliminary and final sum-up reports;

5. Measures for the betterment of organizational restructure and working style; for practicing thrift, combating wastefulness, corruption, red-tape, trouble-making and harassment of people;

6. Plans on the recruitment, training, fostering and promotion of public employees in the agency as prescribed;

7. The implementation of the regimes and policies related to the rights and interests of the public employees;

8. The agency's internal regulations and rules.

Article 18.- Forms of collecting opinions:

1. Public employees shall contribute their opinions directly to their superiors or the agency's head.

2. Through the conference of the agency's public employees;

3. Distribution of questionnaires, sending of draft documents to the public employees for their comments.

Article 19.- When making decision on matters mentioned in Article 17, which is different from the opinions of the majority of the public employees, the agency's head shall have to notify and explain it to the public employees.

SECTION 5. WORK TO BE SUPERVISED AND INSPECTED BY PUBLIC EMPLOYEES

Article 20.- Work to be supervised and inspected by public employees shall include:

1. The implementation of the Party's and State's lines and policies, and the annual working plan of the agency;

2. The use of operation funds, the observance of policies and regulations on the management and use of property of the agency;

3. The implementation of the agency's internal regulations and rules;

4. The implementation of the State's regimes and policies on the rights and interests of the agency's public employees;

5. The settlement of complaints and denunciations within the agency.

Article 21.- The supervision and inspection of matters mentioned in Article 20 above by the agency's public employees shall be conducted through:

- The people's inspectorate of the agency;

- The review of work performance, criticisms and self-criticisms in the periodical meetings of all working units of the agency;

- The conference of the agency's public employees.

Chapter III

DEMOCRACY IN THE RELATIONSHIP AND WORK HANDLING WITH CITIZENS, AGENCIES AND ORGANIZATIONS

SECTION 1. RELATIONSHIP WITH CITIZENS, AGENCIES AND ORGANIZATIONS

Article 22.- The agency's head shall have to organize, direct and inspect the posting up of announcements at the agency's office so that all citizens, other agencies and organizations (hereafter referred collectively as citizens and organizations) may be aware of the following:

1. The agency's sections in charge of the settlement of matters concerned;

2. The administrative procedures for the settlement of work;

3. The application forms and dossiers needed for each type of work;

4. The prescribed charges and fees;

5. The time-limit for the settlement of each type of work.

Article 23.- The agency's head shall direct and inspect the agency's public employees in handling work of citizens and/or organizations; promptly take appropriate measures as stipulated by law against public employees who fail to fulfill their tasks and public duties, lack responsibilities, who hassle and trouble people or commit corruption in handling work of citizens and/or organizations.

Article 24.- Upon the citizens' and/or organiza-tions' request, the public employees shall have to settle such request according to their competence. If the work falls outside their handling competence, the public employees shall have to notify it to the involved citizens and/or organizations. Public employees must neither be bureaucratic, overbearing, authoritarian, nor cause troubles and difficulties in settling the work of citizens and/or organizations.

Article 25.- Public employees shall not receive citizens and/or organizations and settle the latter's work at their private houses.

Work of citizens and/or organizations must be studied and settled by public employees in the quickest and most convenient manner and in accordance with the provisions of law.

Regarding work with prescribed settlement time-limit, the public employees shall have to comply with such time-limit. In cases where more time is required for the study and settlement of the work, the concerned public employees shall have to promptly notify the involved citizens and/or organizations thereof.

The public employees shall have to protect the State's secrets, secrets of their work and of the contents of citizens' and/or organizations' complaints and denunciations in accordance with the provisions of law.

Article 26.- The agency's head shall direct the arrangement of citizen-receiving places, receive citizens and put up the agency's box for comments. Every week, the person in charge of the agency's administrative work shall, together with represen-tative(s) of the agency's people's inspectorate, open the comments box, study the collected opinions and report them to the agency's head. The agency's head shall have to study them and work out appropriate measures to accept and settle such comments.

Article 27.- For programs and/or projects elaborated or implemented by the agency itself, which are closely related to a locality's socio-economic development, the agency's head shall have to inform such locality's citizens and/or organizations thereof so that the latter may be aware of and contribute their opinions thereon.

At citizens' and/or organizations' request, the agency shall have to appoint responsible person(s) to meet with such citizens and/or organizations and settle the related matters.

All suggestions, reports and criticisms from citizens and/or organizations must be promptly studied and dealt with.

SECTION 2. RELATIONSHIP WITH HIGHER-LEVEL AGENCIES

Article 28.- The agency's head shall have to follow the direction as well as guidance and abide by decisions of the higher-level agencies.

The agency shall have the right to report to the higher-level agency(ies) on obstacles and difficulties arising in the course of performing its functions and tasks; on any discrepancies in the regulations, policies and/or law provisions as well as in the latter's direction and management for amendments and/or supplements.

If having grounds to believe that a higher-level agency's decision is contrary to laws, it shall have to immediately report to the person who has made such decision; in cases where it still has to execute the decision, it shall have to report to the immediate higher-level of the person who has made the decision and shall not take any responsibility for the consequences of the execution of such decision.

Article 29.- The agency shall have the right to contribute opinions to and criticize the higher-level agency(ies).

When requested, the agency shall have to study and give its comment on draft regulations, policies and legal documents sent from the higher-level agency(ies).

Article 30.- The agency shall have to report its working situation to the higher-level agency(ies) as prescribed; with regard to matters arising beyond its handling competence, the agency shall have to promptly report them to the higher-level agency(ies) for direction.

The contents of reports to the higher-level agency(ies) must be objective and truthful.

SECTION 3. RELATIONSHIP WITH THE LOWER-LEVEL AGENCIES

Article 31.- The agency's head shall have to direct, guide and inspect activities of the lower-level agencies and take responsibility for the latter's errors and mistakes if such errors and mistakes have resulted from his/her direction and/or guidance.

He/she shall have to inform the lower-level agencies of the undertakings, policies and law provisions related to the latter's activities and responsibility.

Article 32.- The agency's head shall have to study and settle requests and proposals made by the lower-level agencies.

Periodically, the agency's head shall have to work with the heads of the lower-level agencies. Upon the request of the heads of the lower-level agencies, he/she shall have to receive and work with them.

The agency's head shall have to encourage truthful and objective information and reports from the lower-level agencies.

Article 33.- He/she shall have to refer to the opinions of the lower-level agencies in the elaboration of the related regimes, policies and legal documents.

When necessary, he/she shall have to send officials and/or employees to the lower-level agencies for the exchange of opinions, study and settlement of specific matters of the lower-level agencies; and strictly handle those public employees who are opportunists, who falsely and untruthfully report or reflect matters.

Article 34.- The allocation and additional allocation of funds and personnel quotas to the lower-level agencies must be made in accordance with the provisions of law, in a timely and realistic manner and collectively by the agency's leadership.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 35.- Agencies and/or public employees that well implement this Regulation shall be commended and/or rewarded; all violators of this Regulation shall be dealt with according to law.

Article 36.- The Government Commission for Organization and Personnel shall have to guide and supervise the implementation of this Regulation.