Chỉ thị 09/2005/CT-TTg

DIRECTIVE BY PRIME MINISTER

ON FURTHER STEPPING UP THE ADMINISTRATIVE REFORM

In 2004, the administrative reform continued to be a pivotal task and the top priority in the Government's and Prime Minister's direction and administration; marked progresses were made and some positive achievements were recorded in all the four contents of the general program on State administrative reform in the 2001-2010 period, especially the building and perfection of economic and administrative institutions compatible with the socialist-oriented market mechanism, thus greatly contributing to the successful accomplishment of the national socio-economic development tasks. However, compared with the set requirements and targets, the administrative reform, in general, still reveals many shortcomings and weaknesses, and the reform has progressed slowly, with low and unequal efficiency. Administrative procedures, which are prescribed and applied in many domains, particularly in relations between the State and people and enterprises, remain complicated, troublesome and slow to be substantially improved. The management, building and raising of quality of the contingents of officials and public employees saw no considerable improvement. The specific responsibility decentralization in each branch or domain and the socialization proceeded at snail's pace and saw many shortcomings. The requirement on organizational restructuring along the direction of organizing neat, effective and efficient apparatuses has not been seriously observed at both central and local levels, with increasing numbers of attached units. The public finance management reform has not been at a par with reforms in other domains.

The above-said situation is attributable mainly to unconcentrated and irresolute direction and administration over administrative' reforms by authorities at all levels and branches; to the failure to heighten the personal responsibility of unit heads, especially in inspection and examination of performance of public duties, tightening and maintenance of administrative discipline in the apparatuses.

In order to further step up the administrative reform in a more synchronous, intensive and efficient manner in all domains, focusing on the urgent requirement of vigorous reform of administrative procedures, thus creating a substantial improvement in relations between administrative agencies and people and enterprises, with a view to promoting socio- economic development, the Prime Minister hereby requests the ministers, the heads of the ministerial- level agencies, the heads of the Government- attached agencies and the presidents of the People's Committees of the provinces or centrally- run cities to fully grasp and organize serious application. of solutions to step up the administrative reform decided by the Government in its Resolution No. 01/2005/NQ-CP of January 14, 2005, and in the period from now till the end of 2005 well perform the following specific tasks:

1 . To make a general review of, and modify and simplify, administrative procedures in domains within their assigned management scope. To concentrate efforts first of all on some domains currently seeing many burring issues such as: civil status and household registration, notary public, grant of land use right or dwelling house ownership certificates, construction licensing, examinations for recruitment of public employees, business registration, taxation and customs.

a/ The ministers, the heads of the ministerial- level agencies, the heads of the Government- attached agencies and the presidents of the People's Committees of the provinces or centrally- run cities should personally direct in a cl0se and drastic manner the work of reviewing and modifying administrative procedures, cons1dering it the key task in their direction and administration activities in 2005. For the above-said domains where exist many burning issues, the ministries and'. branches should rally qualified and capable officials to set up working groups to perform the task.

The ministries, branches and localities shall report to the Prime Minister on the review results, and abrogate and amend administrative procedures by themselves before September 2005. For administrative procedures which need to be abrogated or amended under the competence of the Government or the Prime Minister, the concerned ministries and branches shall work out and submit their schemes to the Government or the Prime Minister for decision by December 2005 at the latest.

The amended administrative procedures as well as newly promulgated ones must be simple, easy to understand and observe by people and enterprises; intermediary processes and unnecessary papers must be removed, with a view to minimizing the time for procedure clearance.

Procedures promulgated ultra vires must also be abolished and persons who have promulgated such procedures must be handled. Administrative procedures in each branch or domain must be systematized or consistently and concentratedly prescribed in single documents. The application of administrative procedures must be made public and transparent; and a mechanism for inspecting and supervising officials and public employees in receiving and settling requests of people and enterprises must be formulated.

b/ The minister-director of the Government Office, the head of the inter-branch working group set up under the Prime Minister's Decision No. 231 2005/QD-TTg of January 26, 2005 to handle problems and proposals of enterprises regarding administrative procedures, shall direct the expeditious performance of specific tasks of this working group in some localities.

The presidents of the People's Committees of Ho Chi Minh, Hanoi, Hai Phong and Da Nang cities, and Ba Ria - Vung Tau province shall mobilize qualified and capable officials from provincial municipal services, departments and branches to join and coordinate with the working group in reviewing for amendment, supplementation or abolishment administrative procedures under promulgating competence of local authorities which are no longer appropriate and troublesome for enterprises' operations.

Basing itself on the results of settling problems and specific proposals of enterprises, the working group shall promptly propose to the ministers, heads of ministerial-level agencies, the Government or the Prime Minister amendments and supplements to relevant mechanisms, policies and macro- management institutions in order to remove obstacles and barriers posed by administrative procedures for business activities of enterprises, thus bettering the investment environment.

c/ The Government Office shall continue to closely cooperate with the' press in detecting and selecting some prominent cases where administrative procedures cause troubles for people and enterprises; send working delegations to conduct on-spot inspection and verify nature of cases, then propose measures to remedy and stringently handle officials and public employees who violate disciplines, cause harassment or troubles, and concurrently study and propose to the Government or the Prime Minister amendments and supplements to relevant mechanisms and policies.

The Government Office shall have to guide, urge and inspect ministries, branches and local administrations in performing the above-said tasks; and make quarterly reports to the Government or the Prime Minister.

2. To continue formulating and well

implementing the "one door" mechanism under the Prime Minister's Decision No. 181/2003/QD-TTg of September 4, 2003 at State administrative agencies in localities; to preliminarily review, draw experiences, improve and promote efficiency and real effect of this mechanism at the provincial and district levels; to organize the wide application thereof at commune level.

The Home Affairs Ministry shall assume the prime responsibility for, and coordinate with the Government Office in, preliminarily reviewing the implementation of the above-said Decision of the Prime Minister before September 2005.

In the second quarter of 2005, the Government's Steering Committee for administrative Reform shall study, select and propose some ministries, ministerial-level agencies, Government-attached agencies for formulation and realization of the scheme on application of "one-door" mechanism in settling affairs.

3. Basing themselves on the Government's Resolution No. 0s120041NQ-CP of June 30, 2004, the ministries and branches shall, in the second quarter of 2005, have to expeditiously finalize and submit to the Government schemes on decentralization of State management powers to localities in their assigned branches or domains.

On the basis of state management contents decentralized to local administrations in each branch or domain under the Government's decision, the People's Committees of the provinces or centrally-run cities shall, in. the fourth quarter of 2005, review the decentralized tasks and decide on decentralization of tasks  within their management scope to districts or communes.

The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with the concerned ministries and branches in, directing and specifically instructing this work.

4. To step up and resolutely realize the undertaking of socialization and shift activities of non-business or public-service units to the service mechanism compatible with the socialist-oriented market mechanism.

a/ The Government Office shall assume the prime responsibility for, and coordinate with the concerned ministries and branches in, finalizing the Government's draft resolution on further stepping up the socialization in healthcare, education, culture and. .information, physical training and sports, to replace the Government’s Resolution No. 90/CP of August 21, 1997, then submitting it to the Government for promulgation in April 2005.

b/ In April 2005, The Government Office shall assume the prime responsibility for, and coordinate with the concerned ministries and branches in, revising and submitting to the Government decrees on application of autonomous mechanism to hospitals, universities, Colleges and vocational training schools and scientific research institutes.

c/ The Finance Ministry shall, in May 2005, propose the Government to issue decrees in replacement of Decree No. 73/1999/ND-CP of August 19, 1999 and Decree No.10/2002/ND-CP of January 16, 2002.

5. The Ministry of Home Affairs and the Ministry of Labor, War invalids and Social Affairs shall continue to disseminate and guide the shift and grading of new salaries; coordinate with the concerned ministries and branches in issuing circulars guiding the new salary regime; propose the Government and the Prime Minister to solve problems arising in the' course of application of new salaries in the second quarter of  2005, and adjustment of minimum salary in the third quarter of 2005.

6. To promulgate in a coordinative manner the institutional framework and conduct public-duty inspection and examination; to continue rectifying and strengthening the administrative discipline in operations of State administrative apparatus at all levels.

In April 2005, the Ministry of Home Affairs shall propose the Government to issue a decree on public-duty inspection; assume the prime responsibility for, and coordinate with the concerned ministries and branches in, issuing all documents guiding the implementation of this decree.

The ministries, branches and localities shall work out plans on and organize public-duty inspections and examinations within the scope of their assigned domains and subjects, focusing on such domains as registration of land use rights, granting of land use right certificates, transfer of land use rights; construction licensing, granting of dwelling house ownership certificates; registry of transport means and granting of driver's licenses; granting of investment licenses for projects and business registration; customs; export and import procedures; tax management order and procedures; civil status and household registration; public notarization and authentication. The public- duty inspections and examinations must clarify responsibilities of heads of agencies or units where administrative discipline violations, negative phenomena or corruptions are committed by officials or public employees, propose stringent handling measures; and at the same time, detect, propose amendments and/or supplements to relevant mechanisms, policies and institutions.

7. The ministries, branches and People's Committees of provinces or centrally-run cities shall review and report to the Prime Minister the stage - 1 implementation of the general program on State administrative reform in the 2001-2010 period before August 2005.

The Government's Steering Committee for Administrative Reform shall guide and urge the performance of this task.

In October 2005, the Government's Steering Committee for Administrative Reform shall report to the Government on the review and result of stage-l implementation as well as the content and implementation program of stage II (2006-2010) of the general program on State administrative reform in the 2001-2010 period.

8. The ministries, ministerial-level agencies, Government-attached agencies and People's Committees of provinces or centrally-run cities shall work out action plans and programs, and closely cooperate with the press, the mass media, Vietnam Fatherland Front and its member organizations, social organizations and socio-professional organizations in performing relevant tasks within the scope of their responsibilities.

The Government Office shall coordinate with the Government's Steering Committee for Administrative Reform in monitoring, urging and inspecting the implementation of this Directive in the ministries, branches and localities.