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Head and Responsibilities of Head of State Administrative Agencies at Ministry Level in Administrative Procedure Reform


Chapter 1

THEORETICAL ISSUES OF INSTITUTIONAL IMPLEMENTATION

RESPONSIBILITIES OF HEADS OF MINISTRY-LEVEL STATE ADMINISTRATIVE AGENCIES IN ADMINISTRATIVE PROCEDURE REFORM


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1.1. HEADS AND RESPONSIBILITIES OF HEADS OF MINISTRY-LEVEL STATE ADMINISTRATIVE AGENCIES IN ADMINISTRATIVE PROCEDURE REFORM

1.1.1. Concept of the head of a state administrative agency at the ministerial level

Head and Responsibilities of Head of State Administrative Agencies at Ministry Level in Administrative Procedure Reform

1.1.1.1. Concept and characteristics of the head of a ministerial-level state administrative agency

In every agency, organization, or unit, there exists a “head”. These are people whose authority, responsibility, and representation for the agency, organization, or unit are established by law (or the organization’s charter). The head of an agency, organization, or unit is the leader, manager, and has the primary responsibility and highest legal responsibility for the organization and operation of that agency, organization, or unit.

In our country's political system, there are organizations led by the chief regime, there are organizations led by the collective regime, but regardless of the regime, the head (the leader, manager) is very important. Associated with the "head" in an agency, organization, or unit is always authority and responsibility. Authority is the power of the head given by law, superiors, or organizations so that they have the right to decide on major tasks and lead the organization to carry out those tasks in the agency, organization, or unit, at the same time they must also be responsible for the issues they have decided and organized to carry out.


Thus, the head of an agency, organization or unit is the leader, manager, person with primary responsibility and highest responsibility for that agency, organization or unit.

The ministerial-level administrative agencies are the central-level administrative agencies with their own authority, organized and operating according to the principle of responsibility of the head, including: Ministries and ministerial-level agencies (collectively referred to as Ministries). The head of the ministerial-level administrative agency (collectively referred to as the Minister) is the person with the highest position in the ministerial-level administrative agency, with the highest authority in leading and managing the activities of the Ministry and ministerial-level agencies to implement the set leadership and management goals. Therefore, it can be understood that: The head of the ministerial-level administrative agency is the Minister who is given the authority to manage the state over the industry and field nationwide and is personally responsible for his/her management decisions.

The head of a ministerial-level public administrative agency has the following characteristics:

- As a member of the Government, empowered to perform the responsibilities of the head of a Government agency, perform the function of State management over sectors and fields nationwide; and manage state public services in the assigned sectors and fields.

- Has the authority to make management decisions and is personally responsible for his/her management decisions nationwide; at the same time is responsible for organizing, commanding, and supervising the implementation of issued management decisions.

- Responsible for guiding and coordinating with competent authorities in organizing the implementation of management decisions related to the industry and field in charge.

1.1.1.2. Role of the head of a ministerial-level state administrative agency

The head of a ministerial-level public administration agency is the person responsible for directing, managing, and orienting all systematic vertical public administration activities.


from central to local levels to implement the goals and requirements for industry and sector development. The role of the head of the ministerial-level public administrative agency is shown in the following contents:

- Organize and direct the implementation of the functions and tasks of the Ministry according to the provisions of law (Assist the Government in unifying State management of assigned sectors and fields; organize the implementation of legal documents, direct and direct agencies and organizations under its authority...).

- Advise and issue legal decisions within authority (advise and submit to the Government for issuance of documents within the authority of sector and field management; issue legal documents and individual administrative decisions within the authority to manage, direct and operate within the scope of sectors and fields...).

- Represent the Ministry in relations with other state agencies in the state apparatus (preside over and coordinate with members of the Government to organize the implementation of tasks within its authority; report to the National Assembly and the Government on the implementation of State management tasks in the sectors and fields under its management authority...).

- Manage the staff under authority (recruitment, appointment, training, fostering, rewarding, disciplining the staff under management authority...).

1.1.2. Concept of administrative procedure reform and responsibility of heads of state administrative agencies at the ministerial level in administrative procedure reform

1.1.2.1. Administrative procedure reform

The State is a special organization that performs management functions to ensure order, stability and social development through the State apparatus. In principle, the State apparatus of any country is composed of three systems of State agencies, including: agencies that exercise legislative power, agencies that exercise executive power and agencies that exercise judicial power.


law. In which, the agency that exercises executive power is called the system of state administrative agencies that have the role of managing, maintaining, promoting social development and ensuring the provision of public services to society according to certain goals. By performing the executive function, the state administrative agency performs state management through organizational and power impact to operate social relations, in order to increasingly ensure human rights and civil rights as prescribed by law. At the same time, along with the process of development and democratization of social life, the role of state administrative agencies is increasingly important and expanding. However, along with the development of the economy and the impact of economic, political, cultural and social conditions, the activities of state administrative agencies also reveal or hide certain shortcomings and limitations compared to the requirements of development (such as: backwardness of institutions, ineffective administrative organization model, bureaucracy of civil servants...), therefore, the state administrative system must be reformed to eliminate or improve limitations to better meet development goals.

That shows that administrative reform is an inevitable requirement to ensure that the administration operates more effectively and efficiently to meet the objective requirements of social development. Therefore, to meet the goals of creating positive changes in the relationships between state administrative agencies and citizens and society, administrative reform must be carried out synchronously for many factors, in which institutional reform is an important issue and is most clearly demonstrated through regulations on administrative procedures - the procedures by which state administrative agencies handle requests and requests of individuals and organizations to ensure the legitimate rights and interests prescribed and guaranteed by the State.


In the most general sense, administrative procedures are the procedures and methods of handling work of competent state administrative agencies in the internal relationship of the sector and between state administrative agencies and individuals and organizations to ensure the achievement of goals, in accordance with the authority of state agencies or individuals and organizations in state administrative management. However, when approaching from the perspective of ensuring the legitimate rights and interests of individuals and organizations as prescribed by law and providing public services, administrative procedures must be strictly regulated in terms of procedures, methods and certain requirements and conditions. From that, it can be understood that: administrative procedures are the procedures and methods of handling work of competent state administrative agencies in the internal relationship of the administrative sector and the relationship between state administrative agencies and individuals and organizations.

With such a concept, administrative procedures can be considered as a " bridge" between state administrative agencies and individuals and organizations to perform state management tasks and ensure the rights and obligations of individuals and organizations as prescribed by law. Therefore, to ensure the service goal of the administrative system in response to the requirements and demands of social life and to improve the effectiveness and efficiency of state management, administrative procedure reform needs to be carried out regularly and can be considered a basic condition for ensuring human rights and civil rights; properly resolving the relationships between the State and citizens and meeting the requirements of building a service-oriented administrative system in the conditions of building a socialist rule-of-law state of the people, by the people and for the people in our country.

In the period of building a socialist rule-of-law state and the process of international integration, in the process of gradually shifting from a traditional administration to a service-oriented administration, administrative procedure reform is a more urgent requirement than ever. Because administrative procedure reform is a necessary condition to strengthen the relationship between the State and the people, and enhance people's participation in state management. Thus, associated with administrative reform, administrative procedure reform is an important content and is placed in the overall task of reforming the state administrative institution. Considered below


In terms of content, implementation methods, goals and results, administrative procedure reform is a process of reviewing and evaluating to eliminate unreasonable and unnecessary steps and procedures, strictly controlling the issuance of new administrative procedures according to legal regulations and publicly and transparently implementing all administrative procedures in practical and appropriate forms.

From the above analysis, it can be understood that: Administrative procedure reform is the planned amendment and replacement of old, unreasonable or no longer suitable administrative procedures to achieve the goal of perfecting administrative procedures, ensuring the legitimate rights and interests of the State, society and people.

1.2.2.2. Responsibilities of heads of state administrative agencies at the ministerial level in administrative procedure reform

According to the Vietnamese Dictionary, responsibility is understood as: 1. The assigned work or considered assigned work, must be completed, if the result is not good, must bear the consequences; 2. The obligation to their words and actions, ensuring correctness, if wrong, must bear the consequences [31, p.1020] . According to this definition, responsibility consists of two basic components: i) Things that should be done, must be done, must be done (understood as duties, tasks, powers); ii) Commitment to the results of performing tasks, powers and being responsible for those results. In which, the first part is considered the cause and the second part is considered the inevitable consequence . Therefore, it can be understood: Responsibility is the things that should be done, must be done, must be done with good results; if the results are not good, must bear certain consequences.

From a legal perspective, the term "responsibility" can be understood as duty, attitude towards assigned duties, tasks, work or the ability to suffer negative consequences when failing to properly perform prescribed obligations or assigned work.


The Minister is the head of the Ministry-level State administrative agency, both a member of the Government and the head and leader of the Ministry. Therefore, the responsibility of the head of the Ministry-level State administrative agency is also understood in both meanings as above. Accordingly, the responsibility of the head of the Ministry-level State administrative agency may include all functions, tasks, and powers prescribed by law that the head must perform and must be responsible for. In case of violation (due to failure to perform or improper performance of assigned functions, tasks, and powers), the responsibility will be handled according to the provisions of law depending on the nature and level of violation.

From the above approach, it can be understood that: The responsibility of the head of a ministerial-level public administrative agency is to perform all tasks, powers and obligations of the head of the Ministry; any violation will be handled according to the provisions of law.

According to the provisions of Decree No. 157/2007/ND-CP dated October 27, 2007 of the Government regulating the responsibility regime for heads of State agencies, organizations and units in performing tasks and public duties, the responsibility regime for heads of ministerial-level State administrative agencies includes the following basic contents:

- Be responsible for all activities of the agency, organization, unit assigned to lead and manage; Be exemplary and strictly comply with the Party's guidelines, policies, the State's laws and instructions from superiors; organize and operate the agency, organization, unit to properly perform its functions, tasks, powers, with quality and within the assigned time limit; decide on policies and necessary solutions to complete tasks and be responsible for such decisions;

- Issue or submit to competent agencies and individuals for issuance of legal documents to ensure the legality of documents (including: legal documents, individual documents, directive and administrative dispatches, and internal rules, regulations, charters, and provisions applicable within agencies, organizations, and units under management).


- Based on regulations on assignment, decentralization and assigned tasks and powers, issue documents specifying the functions, tasks, powers and responsibilities of deputies, agencies, organizations and constituent units; ensure no overlap, duplication or vacancy.

- Recruit, use, evaluate, train, foster, raise salary, nominate for promotion exams, decide on promotion, appoint, reward, discipline, dismiss and manage the staff in accordance with the Party's policies and the State's laws;

- Effectively manage and use assigned public assets; prevent and fight fires and explosions and ensure labor safety at agencies, organizations and units in accordance with legal regulations; regularly manage and inspect to prevent corruption, waste, damage, loss and leakage; Strictly implement legal regulations on office culture.

- Organize the implementation of the Democratic Regulations in agencies, organizations and units; resolve complaints and denunciations within the scope of authority in accordance with the provisions of law; Comply with the provisions of law on protection of state secrets; on speaking, exploiting, managing and using the Internet in agencies, organizations and units....

In case of failure to properly perform functions, duties and powers as prescribed by law, the head must bear legal responsibility - adverse consequences such as: Disciplinary responsibility (Reprimand; warning; dismissal; dismissal; salary reduction; demotion; forced resignation); civil responsibility; criminal responsibility; disciplinary responsibility.

In the field of administrative procedure reform, the responsibility of the head of a ministerial-level administrative agency is understood as the responsibility to perform tasks and powers in advising on regulations and controlling administrative procedures applied in the sector and field under the management authority of the Ministry.

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