carried out on the basis of and to enforce the law, in the order and form prescribed by law towards the implementation of administrative management tasks.
Administrative decisions include types such as directive decisions, normative decisions and individual decisions.
Directive decisions and normative decisions are always expressed in written form. Individual decisions are mainly issued in written form.
Some individual decisions are issued in the form of words, signs…
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Based on the analysis of the legal bases on the organization, content and operation methods of the administrative agencies under the People's Committees at all levels, it shows the dialectical relationship between the organizational structure, content and operation methods of these agencies. However, in order to further promote the effectiveness and efficiency of the administrative agencies under the People's Committees at all levels, in the coming time, it is necessary to innovate the above legal provisions to create a consistency between the management subject and the management object, that is, to innovate the organization, content and operation methods of the administrative agencies under the People's Committees at all levels.
2.2. CONCEPT, GOAL, PRINCIPLES, FACTORS AFFECTING AND GUARANTEE FOR INNOVATION IN ORGANIZATION AND ACTIVITY OF SPECIALIZED AGENCIES UNDER THE PEOPLE'S COMMITTEE
2.2.1. Concept, goals and principles of innovation in organization and operation
of the professional agency under the People's Committee
2.2.1.1. Concept of innovation in organization and operation of specialized agencies
People's Committee
The state apparatus in general as well as the organization of the administrative agencies under the People's Committee need stability to ensure that state activities are carried out regularly, continuously, without interruption or causing disturbances that affect the effectiveness and efficiency of state management. However, "a solid apparatus needs to be suitable for all changes. If the solidity turns into rigidity, hindering changes, there will inevitably be struggles. Therefore, it is necessary to make every effort to make the apparatus politically obedient" [59, p. 72]. Therefore, the innovation of the organization of the administrative agencies under the People's Committee must be timely and suitable for social changes.
* Concept of innovation in the organization of specialized agencies under the People's Committee
To meet the country's development requirements, the inevitable and objective requirements of international integration, the organization of administrative agencies must be consistent with the socio-economic development conditions of the country, especially in the process of building and perfecting the socialist rule of law state of Vietnam because "the rule of law can never be higher than the economic regime and the level of cultural development of society determined by the economic regime" [60, p. 115]. In recent times, administrative reform has been promoted, improving the effectiveness and efficiency of the management of the state apparatus. We have gradually designed and reorganized the administrative agencies under the People's Committee, specifically merging and consolidating many functions of state administrative management into one administrative agency. This proves that each administrative agency is being organized in the direction of state administrative management from single sector and single field to multi-sector and multi-field, which is the result of institutionalizing the spirit of Resolution No. 17-NQ/TW into the process of implementing administrative apparatus innovation in general and the organization and operation of administrative agencies in our country today.
The organization of administrative agencies under the People's Committee is understood as the way to organize administrative agencies under the People's Committee at the provincial and district levels as prescribed by law and implemented in practice, to advise and assist the People's Committee and the Chairman of the People's Committee at the same level in performing the state management function for the sectors and fields within the scope of state management at each level of local government. Therefore, the innovation of the organization of administrative agencies under the People's Committee is understood as the design of the organization of administrative agencies in terms of the organization, quantity and structure of these agencies at the provincial and district People's Committees so that they are scientific, compact, meet the requirements of state administrative reform, ensure smooth operation from the central to the grassroots level, in accordance with the provisions of law.
The organizational innovation of the State management agencies under the People's Committee is essentially the innovation of the structural components of the State management agencies on the basis of innovating the tasks and functions of these agencies in advising and assisting the People's Committee and the Chairman of the People's Committee at the same level to perform the state management function in the sector and field within the scope of state management authority and social management in the locality. In recent years, along with the administrative reform process, the organizational innovation of the State management agencies under the People's Committees at the provincial and district levels has had important results, specifically the number of State management agencies in each
The number of levels has been significantly reduced, some agencies have been reorganized, and new agencies have been established to suit the specific characteristics of regions or local state management fields.
* Concept of innovation in the activities of specialized agencies under the People's Committee
In the process of innovating the activities of the State administrative agencies under the People's Committee, it is necessary to clearly understand that it is to innovate the content, methods and forms of operation to eliminate or overcome existing limitations and shortcomings, change the way of operation to make it reasonable between the content and form of state management at each level, each region as well as each type of government (urban government and rural government). To meet the objective requirements of the socialist-oriented market economy, the economy needs to be quick and timely with a team of cadres and civil servants with high professional qualifications, serious attitude, enthusiasm and high responsibility to serve the people, knowing how to apply the achievements of science and technology, using foreign languages in the activities of solving the work of citizens and organizations for the work within their authority.
The innovation of the activities of the State management agencies under the People's Committee is not only carried out on the basis of the tasks and functions of the State management agencies but also has to clearly define the responsibilities and authority to handle assigned work for the civil servant team, ensuring professionalism, modernity and regularity in the activities of State management... on that basis, build, select and use appropriate forms and methods of management. Management activities in which sectors and fields apply the provisions of law to carry out management activities by sector, management by function combined with management by locality (according to administrative boundaries - territory); which activities will implement the principles of management by sector, management by function and inter-sectoral coordination of management.
In fact, the State management agency not only has a relationship with the People's Committee but also has many relationships with other state agencies, state management agencies at the same level, central management agencies for sectors and fields organized and operating locally or the relationship between the State management agency and the People's Committee at lower levels, with specialized competent agencies for sector management and fields of work of the higher-level state agency or the relationship between the State management agencies and economic organizations, social organizations within the scope of
administrative management of the People's Committee at the same level in the locality. The regulation of the relationship and coordination regulations of the agencies with other agencies and organizations plays an important role and significance in the organization and operation of the agencies under the People's Committee.
The effectiveness and efficiency of the People's Committee at each level depends largely on the activities of the agencies under the People's Committee [91], these agencies directly handle work in various areas of local social life. Therefore, the Law on Organization of People's Councils and People's Committees in 2003 stipulates: "The effectiveness of the People's Committee's operations is guaranteed by the effectiveness of the People's Committee's collective operations, members of the People's Committee and specialized agencies of the People's Committee" [79]. Therefore, the innovation of the organization of agencies must overcome the instability and inconsistency in the organizational structure of these agencies. These are factors that need to be promptly overcome in order to perfect the system of agencies under the People's Committee with a more reasonable, scientific and effective model, and to organize multi-sectoral and multi-field management agencies to meet the requirements and goals of socio-economic development and international integration that are being set. Especially when Vietnam has become a member of many international and regional organizations, the requirements for specialized cooperation, educational development, promoting information exchange, developing cooperation in health, labor, law... [63, p. 16] as well as the requirement for comprehensive cooperation in all fields are objectively inevitable for the country.
On the other hand, the organization of the CQCM can be understood in different aspects. In terms of organization and operation, the CQCM is referred to both the organization in terms of quantity, the principles of organization and operation, the relationship of direction and operation of the superior to the subordinate, the management of the People's Committee at the same level as well as the coordination of the work of the CQCM with agencies in the local government apparatus, between the CQCM at the same level and the relationship with other agencies and organizations in the locality in implementing the management of the relevant sectors and fields of work. The second aspect of the organizational structure of the CQCM is understood as the way of organization in the apparatus of the CQCM such as the units and organizations under the CQCM, the number of units and organizations for each level as well as the tasks, functions and coordination responsibilities of these units and organizations when performing activities within the scope of authority of the CQCM.
CQCMs. Overcome the situation of overlapping or vacancy in functions and tasks of CQCMs under the People's Committee that has been revealed in the past.
In organizing the agencies under the People's Committees at provincial and district levels, it is not only necessary to base on the functions and tasks of state management of the locality but also to consider the comprehensiveness and the influence of factors such as culture, tradition, geographical location... clearly defining the position, nature, relationship in organization and operation with the People's Committees at the same level, the People's Committees at lower levels and with the agencies at higher levels, between the provincial agencies and the state agencies managing the sector and field at the central level to choose the organizational model and operating principles of the agencies in accordance with the nature, management tasks and socio-economic development conditions in each locality as well as the country.
2.2.1.2. Objectives and principles of innovation in organization and operation of agencies
professional agency under the People's Committee
* Objectives of innovation in organization and operation of specialized agencies under the People's Committee
During the process of national renewal, our Party and State always have appropriate guidelines, policies and strategies for perfecting, building and perfecting the state apparatus in general and the administrative apparatus from the central to local levels in particular, building a clean and strong administration, gradually modernizing... implementing strong division of labor and decentralization, creating initiative for localities... [88, p. 156].
In the coming time, the goal of innovating the organization and operation of CQCM
People's Committees at provincial and district levels are identified to include:
General Objective:
Along with the reform of state administration, aiming at the goal of building a democratic, clean and modern administration, with a team of civil servants with good qualities, proficient in professional expertise, a system of state agencies operating in a unified and effective manner, meeting the requirements of a socialist-oriented market economy, actively and proactively participating in international economic integration to promote the rapid and sustainable development of the country's socio-economy [83].
General goals on innovation of administrative agencies at provincial and district levels
built on the basis of thoroughly understanding the basic viewpoints and approaches
continue to build and perfect the socialist rule of law state apparatus of the people, by the people, for the people. In order to build a streamlined administrative apparatus, ensure centralized, unified, smooth, effective management from the Government to local and grassroots authorities and innovate the team of administrative officials and civil servants... [88, p. 155]. Therefore, innovation in the organization and operation of administrative agencies under the People's Committee must be placed in the overall program of state administrative reform, in which innovation in the organization and operation of administrative agencies under the People's Committee aims to organize administrative agencies at each level in accordance with the practical requirements of the locality, promptly overcome shortcomings and limitations in the organization and operation of administrative agencies under the People's Committee in the past time.
General goals on innovation of organization and operation of the CQCMs under
The People's Committee can only achieve results when it identifies specific goals, which are:
Specific goals on innovation of organization and operation of the CQCM under the People's Committee:
a) Specific goals on innovation of specialized agencies under the People's Committee
- In the period from now to 2015 and orientation to 2020, along with reforming and innovating the organization and operation of agencies in the local government apparatus, continue to innovate the organization and operation of the CQCM to ensure streamlining, in the direction of multi-sectoral and multi-field management, the CQCM structure is scientifically and reasonably designed, operating smoothly and effectively.
- Establish a system of local administrative agencies in accordance with current socio-economic conditions. The government organization at each level has an organizational structure of departments and offices at the provincial level, divisions and offices at the district level... each job depends on the function of each organization, there is a clear division of labor, close coordination and inspection [58, p. 73]. Clearly stipulate the coordination of work between administrative agencies at the same level with each other, between administrative agencies with ministries, ministerial-level agencies, government agencies with the provincial People's Committee and with administrative agencies in organizing and guiding professional and technical work... and between administrative agencies with economic organizations, social organizations
- Innovate and improve the organization and operation of the State agencies in the conditions of economic, political, cultural and social development of the country, in accordance with the practical situation in the locality, ensuring unity and continuity between the Ministries,
Central agencies with People's Committees at all levels in performing the function of state management over local sectors and fields. At the same time, clearly distinguish the difference between urban and rural authorities to organize a number of specific agencies and units to meet the requirements of specialized management of a number of local sectors and fields.
- Innovating management work along with perfecting the team of civil servants and public employees in the agencies, focusing on training and fostering to improve professional qualifications, skills, and problem-solving skills when performing tasks and public duties for agencies, organizations and citizens. Identifying the shift from traditional administration, management by "command - rule" to "modern - service" administration through public services, according to the needs of society.
b) Specific goals on innovation of operations of specialized agencies under the People's Committee
Along with the specific goals of organizational innovation of the agencies under the People's Committee, the specific goals of operational innovation of the agencies under the People's Committee in the coming time are determined as follows:
- Continue to review, adjust, and overcome overlaps in functions and tasks, clarify the coordination relationship between the agencies to determine the responsibilities of the presiding agency and coordinating agencies in the activities of the agencies under the People's Committee.
- Timely review and compile statistics on multi-sectoral and multi-field management agencies to have measures to innovate the content and methods of operation to suit reality, avoid duplication and overlap in management activities between units in the agency and between agencies and other organizations at the same level at the local level.
- Assign and decentralize specific tasks to each agency, clearly define the responsibilities of each cadre and civil servant in performing their duties and public services, innovate the inspection and supervision mechanism in the operations of the agencies.
- Innovate the content, form and method of operation of the People's Committee's agencies, ensuring good implementation of requirements and tasks set out in the current period and the following years.
* Principles of innovation in organization and operation of the Central Committee under the People's Committee
Innovation in the organization and operation of the agencies under the People's Committees at provincial and district levels in the context of continuing to build and perfect the local government apparatus must be carried out on the basis of the following basic principles:
- General principles:
Firstly, ensuring the Party's leadership in innovating the organization and operation of the agencies under the People's Committee at the same level, ensuring the leadership role, in accordance with the Party's innovation policies and guidelines.
Second, the principle that all state power belongs to the working people is consistent with the nature of the socialist state regime.
Third, innovation in the organization and operation of the State administrative agencies is associated with the stability of political security, social order and safety, and the promotion of the strength of the entire political system in state management. The Vietnamese political system always reflects the economic, political, cultural, and social conditions of the country and the international environment [32, p. 73].
Fourth, thoroughly, fully, objectively and comprehensively grasp the viewpoint of innovating administrative agencies under the People's Committee, contributing to building a democratic, transparent and modern administration.
Fifth, continue to promote administrative reform, study and evaluate the organization and operation of state agencies, based on the requirements, tasks and practical economic, political and social conditions of the country at present and in the future.
- Specific principles:
Firstly, the innovation of the organization and operation of the State management agencies under the People's Committees at the provincial and district levels must be associated with the content of the State management of the People's Committees and the decision-making authority of the People's Councils at each level, ensuring that it is consistent with the actual situation and on the basis of legal provisions on tasks, functions and powers within the scope of management of each level of local government. It is necessary to innovate from the current collective leadership and individual responsibility regime to the head regime, defining the responsibilities of the heads of agencies and organizations... For the subordinate State management agencies established only in a number of important areas, with relatively independent functions and executive nature... the State management agencies