Concept, Characteristics, Role of State Administrative Management

Chapter 1

THEORETICAL ISSUES OF STATE MANAGEMENT OF CONSTRUCTION ORDER

1.1. Some related concepts

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1.1.1. Concept, characteristics, and role of state administrative management

1.1.1.1. Concept of state administrative management

State administrative management is the organized impact and regulation by state power on social processes and citizens' behavior carried out by state agencies in the executive system from the central to the grassroots level to perform the functions and tasks of the state to serve the people, maintain stability and sustainable development of society. State administrative management can be changed depending on the political regime, the level of socio-economic development of each country and territory through each historical period.

State administrative management has the following main contents:

Administrative regulation activities . Administrative regulation activities are the activities of issuing dynamic legal documents by competent state administrative agencies to specify legal regulations issued by legislative agencies. Administrative regulation activities aim to create a legal basis for the management and operation activities of state administrative management agencies.

Issuing and organizing the implementation of administrative decisions . To manage and operate all aspects of social life and within their own agencies, state administrative management agencies issue and organize the implementation of administrative decisions. Issuing and organizing the implementation of administrative decisions helps the administrative system operate.

development activities according to the general requirements of society while maintaining the movement and development of the subjects participating in the socio-economic development process according to predetermined management goals.

Inspection, examination and evaluation activities . In the process of administrative management, state administrative agencies must regularly inspect, examine and evaluate all activities of the management subjects to ensure that the management subjects' activities comply with the law and promptly detect errors and violations in order to take measures to handle and overcome the consequences. Regularly inspecting and evaluating all activities of the management subjects is a measure to ensure the effectiveness and efficiency of the management subjects' activities, contributing to the stability and development of society.

Administrative enforcement activities . In the process of administration, in many cases, in order for the subjects of management to comply with legal regulations and administrative management decisions, state administrative agencies must conduct administrative enforcement. Administrative enforcement activities aim to contribute to the implementation of other administrative functions, ensure administrative discipline and order, and contribute to strengthening the rule of law.

1.1.1.2. Characteristics of state administrative management

State administrative management - execution and management activities, has the following main characteristics:

Firstly, state administrative management is an organizational activity. State administrative management is mainly carried out by state administrative agencies. Administrative management activities are direct organizational activities in all fields, all sectors, all issues, and all areas of state life. In state administrative management activities, there are administrative handling activities, but they only account for a small part.

Second, state administrative management is an activity under the law. This activity is reflected in the fact that management activities are activities of law enforcement and operation on the basis of law. Decisions issued by state administrative management entities in management activities must be in accordance with the law and the superior state agencies. If they are inconsistent with them, they will be suspended, amended or abolished.

Third, administrative management is a proactive and creative activity within the legal framework to implement the law, expressed in the issuance of legal documents of the administrative system and specific administrative management decisions to regulate and protect social relations that need to be maintained and developed.

Fourth, state administrative management is an activity that is guaranteed in terms of organization and apparatus, first of all, the apparatus of state administrative agencies. This characteristic demonstrates the great potential of state administrative management, according to which the state administrative apparatus is organized into a unified system from the central to local levels with the largest number of civil servants compared to other state agencies in the state apparatus. However, if not strictly managed, it will lead to cumbersomeness, easily giving rise to overlaps and conflicts, reducing the effectiveness of state administrative management.

Fifth, administrative management is an activity with a large material basis to ensure its implementation. It is a dynamic and diverse system of management objects with large human resources and financial means as well as many other assets. The state administrative management agency represents the state in using and deciding on natural resources and financial means to serve the state's tasks, including the task of state administrative management and national development.

Sixth, state management is democratic. Democracy is expressed in administrative management, which always mobilizes the masses to participate in state administrative management through various forms of implementation. That is direct democracy - people directly solve management problems when organized by law and competent state agencies; representative democracy - people elect their representatives to solve social problems. Our state always attaches importance to perfecting the law to ensure the people's true democratic rights.

Seventh, state administrative management is an activity that always has a profound political nature. Administrative management activities always serve the political and social goals determined by the Communist Party of Vietnam. All administrative management activities must ensure the leadership of the Party, at the same time bring the Party's policies and guidelines into life, and absolutely must not go against or violate the Party's policies and resolutions.

In addition to the above characteristics, state administrative management is also scientific and comprehensive.

1.1.1.3. The role of state administrative management

State administrative management contributes to realizing the Party's political guidelines and policies.

The Party's political guidelines are concretized in the policies and laws of the State. The State's legal policies in general, including policies and legal documents issued by State administrative agencies under their authority, are specific regulations that reflect and are the basis for implementing the Party's policies and resolutions into practical life. Through the use of policies and laws to organize and implement administrative management activities with society, administrative management

The state contributes to realizing the Party's political viewpoints and policies.

State administrative management guides socio-economic development through the system of state policies and laws.

The orientations and goals of socio-economic development are reflected in the state's legal policies. In order for socio-economic development to meet the right goals, state administrative agencies with the authority to perform the state management function on the economy have proactively planned the goals and directions for achieving the goals, through the impact of tools such as laws, plans, and policies on social relations to direct socio-economic activities to operate to achieve the development goals set by the state.

Administrative management operates society, regulates social relations and at the same time supports the maintenance of developing social relations.

In the State's administrative management activities for society, the role of organizing and operating society belongs to the executive power performed by the State administrative management agencies. State administrative management activities have the role of operating socio-economic processes, regulating and harmonizing social relations towards the stable and harmonious development of society.

State administrative management activities also maintain the development of society through creating a development environment for socio-economic activities. That is a stable political environment, a favorable legal environment that helps organizations and individuals have many opportunities to participate in socio-economic relations as well as choose legal jobs according to their strengths to achieve their goals. Through state administrative management activities, it also creates an effective socio-economic driving force for the subjects.

State administrative management plays a huge role in resolving administrative and economic disputes under its jurisdiction.

State administrative agencies have the authority to resolve administrative complaints regarding administrative decisions and administrative acts and have the authority to handle administrative violations. In the process of participating in socio-economic activities, subjects may have conflicts that cannot be resolved by themselves.

but not to the extent of having to file a lawsuit in court. In this case, the competent state administrative management agencies shall apply the law to resolve the issue in order to protect the legitimate rights and interests of citizens and organizations. For administrative violations that infringe upon the legitimate rights and interests of citizens and organizations, the competent administrative agencies and persons shall decide to impose administrative sanctions or other administrative sanctions and at the same time compel compensation and remedy the consequences in order to, on the one hand, strictly maintain administrative discipline and, on the other hand, protect the legitimate rights and interests of citizens and organizations.

In addition, state management also plays important roles such as building a strong national defense, protecting national sovereignty and independence.

1.1.2. Concept, characteristics, role of urban areas; urban planning

1.1.2.1. Concept, characteristics and role of urban areas

- Concept of urban:

According to the Great Vietnamese Dictionary, "Urban" (noun). A densely populated place with concentrated trade such as a city or town" (Great Vietnamese Dictionary - Culture - Information Publishing House. 1998).

Popular concept of urban: There are many different concepts of urban in countries around the world. Usually the minimum population density required to be called a city, depending on the country, there are specific regulations. European countries define urban areas based on the basic use of urban land, not allowing a typical open space larger than 200 meters. Use satellite images instead of using statistics of each neighborhood to decide the boundaries of urban areas. In less developed countries, in addition to a certain land use and population density, another condition is the proportion of non-agricultural labor, usually from 65% or more.

From the above studies, we can define the urban area in the most general perspective: Urban area is a densely populated center, which can be a city, town or township. Urban area is a place where the population is concentrated, mainly non-agricultural labor.

They live and work in a more civilized, modern, scientific and economically and culturally efficient lifestyle. Urban areas are areas with an increased density of man-made structures compared to the areas surrounding them.

Concept of urban area according to Vietnamese law: According to the 2009 Law on Urban Planning (Clause 1, Article 3): Urban area is an area with a high population density and mainly operating in the non-agricultural economic sector, is a political, administrative, economic, cultural or specialized center, has a role in promoting the socio-economic development of a country or a territory, a locality, including inner city, suburbs of a city; inner city, suburbs of a town; township.

Through studying the views on urban areas and the provisions of the law on urban areas, according to the author's point of view: Urban areas are first of all places where the population lives with high density, with strongly developed infrastructure, operating mainly in the fields of trade and services, and are often the center of an administrative unit such as a district or province.

- Urban characteristics:

Firstly, it is a general center or specialized center, which plays a role in promoting the socio-economic development of the whole country or a certain territory. This is often the place where socio-economic centers, commercial - service establishments, education, training, health care, etc. are concentrated to act as a driving force for economic development in neighboring areas.

Second, the population size is at least 4,000 people; the ratio of non-agricultural labor in the total labor force is at least 65%.

Third, the infrastructure serving the activities of residents must meet at least 70% of the standards and regulations prescribed for each type of urban area. Due to the density

Due to the high population density, infrastructure development must be ensured, especially technical infrastructure according to the provisions of Resolution on urban classification No. 1210/2016/NQ-UBTVQH13, dated June 25, 2016 of the Standing Committee of the National Assembly (including a group of standards on the level of infrastructure development and architecture, urban landscape)

Fourth, population density is appropriate to the scale, nature and characteristics of each type of urban area. Urban areas are divided into 6 types and depending on population density conditions, they are assessed to be appropriate for each type of urban area. Accordingly, the population density for type III urban areas is over 1,400 people/ km2 .

- The role of urban areas:

Firstly, urban areas are the key factor determining the success of the economic restructuring process, improving productivity and socio-economic development of regions and the whole country. Because urban areas are economic centers, they contribute greatly to the economic development of the region, at the same time creating a process of economic restructuring towards developing trade and services, gradually reducing the proportion of agriculture.

Second, urban areas have played a central role in promoting the development of science, technology, innovation, culture, education and health. Most of the social infrastructure is concentrated in urban areas to facilitate the circulation of residents and facilitate the development of commercial activities and other socio-economic activities.

Third, urban areas solve the problem of attracting labor, providing materials for production and consuming products for rural production, gradually creating harmonious development between regions, contributing to solving agricultural, farmer and rural issues. It is an area with many commercial establishments.

- services, industrial and handicraft establishments should attract labor force

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