Criteria for Evaluating the Institution of Civil Service Management

Institutions require an increasingly complete legal system and institutional system, and strict law enforcement on the basis of disseminating and educating legal awareness to the people and civil servants. However, it is impossible not to mention the handling of violations of the law in the management of civil servants caused by civil servants themselves or by competent agencies managing civil servants, ensuring strictness in the process of implementing "self-management" of the State and the Government.

d) Principles consistent with practical requirements:

This principle requires that the state administrative civil servant management system must always be built, revised, and supplemented to suit the tasks and goals of administrative reform in each period. From a governing administration to a governing + managing administration, or from a governing + managing administration to a managing + serving the people administration, taking the people as the goal of its activities. Each administrative system has its own requirements for building a civil servant team. Therefore, the management system issued by the State (to self-manage its civil servant team) must also be built or revised to suit that requirement. Right in the development process of the Democratic Republic of Vietnam and now the Socialist Republic of Vietnam, it has been shown that the documents issued by the State in each period are only suitable for the historical requirements of each period. Then, when the country moves to a new stage, the documents related to the institutional system of civil servant management are replaced or amended accordingly. Previously, the state's recruitment was carried out according to the distribution and imposition mechanism, the person recruited into the state civil service only had to go through a review of their background, training level, health, etc., if the agency had a need and had a staffing quota and the person was suitable, they could be recruited into the civil service. When the country shifted from a centralized planning mechanism to a market mechanism, the recruitment of civil servants must necessarily go through a competitive examination mechanism. The results of the exam, the person who passed the exam will be the person with the higher exam results - the person who passed the exam will be the better person among the candidates. Or as for the appointment and promotion of civil servants to leadership positions, previously, the person appointed to a leadership position if he or she did not have the ability

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If a civil servant has the potential to develop, he or she will continue to hold that position until retirement. Up to now, in order to improve the quality of the leadership team, the appointment of a civil servant to a leadership position has been stipulated to have a term of 5 years. That contributes to improving the quality of the leadership team.

In the process of transition from a centralized planning mechanism to a market mechanism with state management in the direction of socialism, the civil servant management system must also be adjusted and improved in a flexible direction, in accordance with the law of supply and demand and the law of competition of the market economy. This is most clearly demonstrated in the creation of human resources and attracting talented people to the civil service. The regimes and policies in the activities of civil servants and public service must ensure competition with the activities of the market economy. Or the selectivity and elimination must be clearly demonstrated in the activities of the civil service as in the activities of the market economy.

The principle of conformity with reality is also reflected in the current period in Vietnam in that, in the trend of integrating with the world's economies, the national administration, including the civil service, must gradually meet the requirements of the international integration process and rise to the level of the times. Therefore, the institution of managing the civil service must also be improved in the direction of contributing to improving the quality of civil servants. Thanks to that, the performance of the civil service will contribute greatly to improving the efficiency and effectiveness of the national administration, meeting the requirements of international integration.

Therefore, it can be said that in the current conditions, the construction and completion of the institution of managing the civil servant team to ensure compliance with reality must be demonstrated in three main points. That is, it must be consistent with the requirements of building a socialist rule-of-law state, with the requirements of reforming the state administration; consistent with the mechanisms and requirements of the market economy; consistent with the process of international integration.

e) Principle of linking civil servant management in close relationship with public service management:

Public administration is the management of activities of state power and in the name of the law performed by civil servants (or organizations, individuals).

authorized to implement), on the basis of using the State budget and complying with the provisions of law, in order to perform the functions and tasks of the State, serving the common interests of society and citizens. From that, it can be said that civil servant management is a content of public service management. Therefore, when building and perfecting the civil service management institution, it is necessary to put civil servant management in relation to public service management. The principles, standards, regulations, and methods of civil servant management cannot be contrary to the public service management regime. For example, regulations on the obligations, rights, and responsibilities of civil servants are an important content that both serves the management of civil servants and helps public service management to be effective.

1.2.5. Criteria for evaluating civil servant management institutions

In general, to be able to evaluate the effectiveness of the law, according to author Nguyen Minh Doan [10], it is necessary to determine the criteria: The initial state of social relations when the law has not yet regulated; the purposes, requirements and orientations of the law; the quality of the law; the actual results achieved due to the impact of the law; the cost level to achieve the actual results. However, to evaluate the system of civil servant management institutions, certain criteria are needed. They indicate the actual results that the system of administrative civil servant management institutions brings. These criteria include:

a) In accordance with the Vietnamese legal system, in accordance with international laws and practices:

The assessment of the civil servant management institutional system is based on the actual situation of the number of documents, the scale and scope of regulation of each document and of the whole group of documents, the consistency of content and system in each document, in the whole group of documents and in the whole system of documents in this field. The review and assessment of the content of the documents from a legal perspective is based on the conformity of this system of documents with the Vietnamese legal system and the basic principles of organization and operation of the Socialist Republic of Vietnam; the completeness and comprehensiveness of the scope and subjects of regulation of the system of documents; the ability to meet the requirements of civil servant management practice of the legal document system. To assess the legal

In order to review and evaluate the system of legal documents regulating issues related to the authority, procedures for drafting and promulgating documents in accordance with the provisions of the Law on Promulgation of Legal Documents, the review and evaluation of the system of civil servant management institutions from a legal perspective will be carried out on the basis of the following contents: system of documents; authority, procedures for promulgating documents.

In addition, the civil service management system in Vietnam must be evaluated in accordance with the law and international practices such as the organization of the civil service system, recruitment methods, civil service evaluation, rewards and discipline, standardization, administrative skills, culture in performing public duties, etc. Only then can we evaluate the extent to which the civil service management system has met the requirements of international economic integration?

b) Satisfy and achieve the set goals

To evaluate the administrative civil service management institutional system, it is necessary to first determine the goals to be achieved when building regulations as a basis for management work. In reality, the terms goals and tasks are sometimes used with the same meaning. When the goal is achieved, it also means that the task has been completed. There is also a difference between tasks and goals. Tasks represent the basic content of work activities, while goals are the expected results, what we want to achieve. From goals, tasks are set, and the implementation of tasks leads to goals. In reality, there are cases where tasks have been implemented but the goals have not been achieved. However, the goals to be achieved by the institutional system at each level and scope are also different. There are common goals (tasks) set for the entire institutional system, but there are also goals set for each legal institution, each legal norm of the institution. Each legal norm is only a detail and concretization of the general purpose of the entire institutional system. Therefore, they cannot contradict or exclude each other.

In each stage of development of the civil service regime, the goals set for building and improving the quality of the civil service team are different, due to

Therefore, the regulations and rules of the civil servant management system may change more or less. The means, methods and regulations to achieve the goals are also very diverse. Sometimes, low-level, narrow-scope goals are the means to achieve higher-level, broader-scope goals. Therefore, to achieve the common goals of the entire civil servant management system, it is necessary to implement management goals in each area of management work such as creating resources, recruiting, using, evaluating, rewarding, disciplining, etc. Each area of civil servant management work must be institutionalized by legal norms. There are legal norms with many different goals, but there are also legal norms with relatively separate goals, and there are also legal norms without separate goals, whose goals can only be determined by the common purpose of the entire group of legal norms and the entire management system. Because there are many different purposes at different scopes and levels, the research and evaluation of the civil servant management system needs to be set at different levels and scopes in the state administration. The civil servant management system must be evaluated based on the set goals. Its evaluation must be based on the overall perspective of the entire civil servant management work as well as on the perspective of each field of work in the content of civil servant management such as the field of recruitment, the field of promotion, the field of evaluation, the field of use, arrangement (appointment, promotion, transfer, rotation, etc.).

In relation to the political system, the civil servant management system must be evaluated through the objective of whether this institutional system meets the requirements of the political tasks set out. The political tasks are expressed in the policies and guidelines of the ruling Party. In Vietnam, personnel work is placed under the leadership of the Communist Party of Vietnam. This was recognized in the 1992 Constitution (amended and supplemented in 2001) [35]. Therefore, the regulations and rules in the management of state administrative civil servants are and must be the institutionalization of the Party's policies and guidelines. Therefore, when evaluating the civil servant management system, one of the most important objectives is that this institution has expressed the policies and guidelines of the Party.

Has the Party been involved in cadres or not? To what extent? This issue is always a matter of principle that cannot be ignored. It comes from the relationship between the political regime and the state administrative system, the administrative system with its policies must serve political ideologies.

c) The economy and usefulness of the civil service management system

To accurately and fully evaluate the effectiveness of the civil servant management system, in addition to determining the objectives of law promulgation and the results achieved by the operation of the management system, it is also necessary to consider the criteria of the economy and usefulness of the civil servant management system. It can be said that the effectiveness of the law depends not only on solving the objectives and tasks set out in practice but also on implementing management with minimal costs in terms of materials, number of participants, implementation time and other costs related to the activities of the system at all stages of the adjustment process. The cost must be at the lowest level but must ensure that the civil servant management system is effective at the highest level.

When issuing any legal document to serve the management of civil servants, the State also needs to calculate the material costs, political and ethical impacts on the issuance of that document (from surveying, drafting, discussing, approving, publishing, etc.), the costs to ensure the implementation of that document (dissemination, propaganda, training, organizational activities, number of participants, technical means, materials, implementation time, etc.) and other costs to ensure that the document is fully and accurately implemented. These are the costs of the State and State agencies. On the other hand, these are also the costs and damages caused by the impact of legal regulations (the two-sided nature of the impact of QPPL).

Thus, in all cases, when issuing, amending, cancelling or implementing any legal regulations in civil servant management, we need to calculate in advance the benefits it brings, the costs for that activity and the possible harms and negative effects caused by issuing, amending or cancelling that regulation in order to promptly take preventive and remedial measures. In cases where it is impossible to prevent or remedy

To be able to restore, we must thoroughly understand the principle that amending or abolishing legal regulations must bring more benefits than harm.

Calculating the effectiveness of building a civil servant management institution also allows forecasting the feasibility of legal documents in practice. It allows the State to choose the necessity of issuing or not issuing a legal document, or to choose the most appropriate, favorable and effective time to issue it.

d) Institutional effectiveness and efficiency

The effectiveness of the administrative civil servant management institution reflects the level of impact and influence of the institution in practice, changing the method of administrative civil servant management. In the content of the civil servant management institution, there are State regulations related to policies. Those policies, after being promulgated, will have theoretical effectiveness, which is the effectiveness recognized by the State to put the policy into practice. When the policies of the institution are applied in practice, it will change reality according to the State's wishes and that is the practical effectiveness. The regulations of the institution or the State's policies only achieve practical effectiveness when they are applied and bring about certain results. It should be noted that a policy only achieves good practical effectiveness when it is properly planned in theory. Of course, a policy belonging to the institution that has theoretical effectiveness sometimes does not have practical effectiveness due to shortcomings and difficulties encountered in the implementation process. Institutional policies and regulations can only be considered theoretically correct when they take into account practical factors to ensure successful implementation. Thus, the effectiveness of a policy is the result of the impact of both theoretical and practical effectiveness.

Evaluating the effectiveness of a regulation or policy in an institutional system aims to answer the question: How much effort is needed to achieve valuable results? Institutional effectiveness is the comparative correlation between the results brought about by that policy and the costs and efforts spent on those results [22]. Institutional effectiveness can be evaluated according to the formula:

∑ K - ∑ H

E = --------------------

∑ C

In which: E: Institutional efficiency.

K: Benefits of the institution. H: Harms of the institution. C: Costs of the institution.

Formula 1.1: Assessing Institutional Effectiveness

When evaluating the effectiveness of an institution (a policy, a regulation, a regime), in principle, one must determine the overall effectiveness of the institution. That is the overall result of both the economic and social aspects of the institution. Overall effectiveness reflects the level of achievement of economic results and social impacts according to the set goals at a certain cost. However, many indicators cannot be quantified, especially impacts on society or impacts on state administration. Economic effectiveness can be assessed by quantitative indicators, showing the comparative correlation between the results obtained and the costs incurred. Therefore, the economic effectiveness of an institution can also be measured by Pareto effectiveness - a term referring to economic efficiency. According to the Pareto principle, a move or change that makes one person better off without making another worse off is called a Pareto improvement. In the public service management system, the Pareto principle can also be applied to consider economic efficiency. Then this issue is understood in the sense that an institutional change to improve the content of public service management is called a Pareto improvement when it improves a regime, a policy, a regulation for a content of public service management without making the management of other contents for public service worse (if not better) [22].

In summary, to evaluate the legal effectiveness of the civil servant management institutional system, it is necessary to determine according to the following basic criteria [22]:

- Comply with the legal system of the country.

- Satisfy and achieve the set goals.

- Results achieved in practice.

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