Talent", good human resources not only meet criteria such as knowledge, scientific and technical level but also require will, honesty, passion for the profession...
Identifying that people play a very important role in the process of national development, one of the five important goals of the 2011-2020 State Administrative Reform Program is: “Building a team of cadres, civil servants, and public employees with sufficient qualities, capacity, and qualifications to meet the requirements of serving the people and the development of the country” [6]. Therefore, solutions regarding the team of cadres, civil servants, and public employees are the key to solving problems posed by real life.
- Funding sources and technical equipment for administrative procedure reform.
Reforming administrative procedures in general, and administrative procedures in the land sector in particular, requires implementing many activities such as reviewing sets of procedures, collecting opinions from officials and people related to the implementation of administrative procedures in land management... Implementing these activities requires a certain amount of funding.
Investing in machinery and equipment, building working offices in communes and districts is very necessary, it will help to operate and manage work easily, save working time, improve labor productivity, but the investment capital from the budget for this work is very limited.
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The Government's 2011-2020 Comprehensive Program on Administrative Procedure Reform sets out a number of requirements such as: reforming public finance, cutting down on duplicate or unreasonable fees and charges, innovating financial mechanisms and policies; building a modern information system; socio-economic infrastructure system... In particular, investing heavily in modern equipment for administrative agencies to implement the handling of records under the "electronic one-stop" mechanism.
1.1.3.3. Criteria for evaluating the effectiveness of administrative procedure reform in the land sector
- Minimize the number of procedures in a simple and convenient way for people: Build a set of simple and easy-to-implement administrative procedures. Once the procedures are simple and clear, they will be easy to access and easy to implement. This principle ensures that all citizens can participate in administrative procedures to protect their rights or those of other organizations and citizens. Simple and clear administrative procedures also help administrative agencies carry out procedures in a unified manner, saving time and ensuring timeliness. Administrative procedures must not only be simple and clear but also be in accordance with the law, meaning they must comply with the law on content, regulations on documents, implementation steps, and settlement authority in administrative procedures must comply with legal regulations [26].
- Shorten the time for carrying out procedures, minimize late documents to save costs for the state and the people: Implementing this requirement well also ensures the implementation of the principle of quick work settlement. In particular, the application of the one-stop mechanism in the implementation of the land sector has shortened the travel time of people to submit documents as well as the circulation of documents between departments [26].
- Improve people's satisfaction with administrative procedures in the land sector:
People's satisfaction is assessed through criteria such as:
Firstly, create trust for people when submitting documents to be processed on time, without loss or misplacement.
Second, Create an open and convenient environment for transactions with necessary support tools such as: Spacious rooms, machines to take queue numbers (ensuring fairness), computers to help process documents quickly...
Third, employees have sufficient professional knowledge and related fields to ensure that they can handle the work in their assigned field along with professional working skills.
Fourth, polite service attitude, respect for people, do not cause harassment or inconvenience to people participating in transactions.
Applied in the land sector, people's satisfaction with this service is their satisfaction with what this service provides, above or below their expectations. Measuring people's satisfaction is a solution to clean up and improve the efficiency of organizations and citizens, ensure the provision of the best administrative services, promote the process of administrative reform, modernize the state administrative apparatus, consolidate and maintain the stability and development of society [16].
1.2. Practical basis for administrative procedure reform in the land sector.
1.2.1. Experience in implementing administrative procedure reform in the land sector in countries around the world.
1.2.1.1. Germany's experience in administrative reform:
Their administrative reform work in Germany is aimed at: Simplifying administrative procedures and legal regulations. To simplify administrative procedures, the first thing the Germans determine is to accurately identify the administrative procedures that need to be simplified. Who determines these procedures? Germany's experience is to combine assigning specialized agencies (mainly functional ministries) to determine (usually only about 20-40%) and combining assigning an independent agency to determine 60-80%. In reality, assigning specialized agencies to determine procedures that need to be simplified often has very limited effect because these agencies often do not want to change what they are doing. Therefore, it is necessary to have an agency independent of the specialized agency to objectively evaluate and determine the tasks and procedures that need to be simplified. In addition, strict control over the implementation of the legislative process and the promulgation of new legal documents must be carried out in parallel with the assessment of the costs incurred when promulgating the Law and the benefits that the Law brings [1].
1.2.1.2. Singapore's experience in administrative reform:
Singapore implemented administrative reforms in the early 1970s, encouraging civil servants to propose initiatives to reform the operations of state administrative agencies. They proposed a "change-oriented" movement that focused on making recommendations to
solutions on innovation of management mechanisms to adapt to change. In addition, they also proposed a public service reform program called "21st Century Public Service". The goal of the program is to build an effective and efficient public service, with civil servants upholding the spirit of integrity, dedication and high quality of service. Through the process of implementation, they have achieved remarkable results that we need to learn, especially in the work of reforming administrative procedures, which are:
Improve the quality of public services to satisfy customers (people).
Applying ISO 9000 standards in the administrative apparatus, considering it both a tool to improve working methods and a tool to evaluate efficiency and classify civil servants.
Encourage creativity and bring the "entrepreneurial" spirit into the operations of the administrative apparatus, with efficiency as the core measure.
Radically reform administrative procedures in the direction of shifting from compulsory and interventional to encouraging and supporting. The Singaporean government has established a Business Support Committee whose main function is to collect feedback from businesses, help businesses overcome difficulties in their operations, and at the same time establish a working group of about 100 highly qualified officials capable of researching, evaluating and resolving recommendations from businesses.
Propose a program to eliminate the bureaucratic, multi-layered working style of the administrative apparatus called "Zero-In-Process". The goal is that for everything there must be a responsible agency, and initiatives and proposals from the people related to the activities of administrative agencies and civil servants must be considered and processed quickly. Regularly review to eliminate outdated regulations that are no longer appropriate. To do this, a Document Review Board has been established with members including 5 General Secretaries of the ministries; a general review is conducted every 5 years [1].
1.2.1.3. UK's experience in administrative reform:
The public administration sector in the UK with its institutions, administrative procedures, management mechanisms and people, civil servants over time have gradually become rigid, not dynamic, and not responsive to changes in the economic mechanism and social situation. To change this system to be more dynamic and flexible
The UK consults and introduces the experiences, management methods and management mechanisms of the private economic sector. This is shown in the following main points: Evaluating the performance of each civil servant and each organization based on output results and the impact of those results. This is a very fundamental change in human resource and organizational management. Performance evaluation is often based on input, but now it has shifted to focusing on output results.
The UK implements the signing of public service agreements between Ministries and the Ministry of Finance. This is a series of agreements and contracts aimed at creating a stable framework for the Ministry to operate, not allowing the Ministry's spending budget to increase if it cannot prove the results, forcing the Ministries to focus on their main tasks according to the focus set by the Government, creating conditions for the Ministries to allocate funds and monitor the activities of organizations under the Ministry. The Ministries negotiate and reach an agreement to sign with the Ministry of Finance for 3 years, in which the content clearly stipulates: The Ministry's goals and tasks; indicators and targets to strive for, specifically reducing errors in operations, improving and enhancing the quality of public services, e-Government; Resources allocated to the Ministries for 3 years, specified in programs and targets [1].
1.2.2. Experience in reforming administrative procedures in the land sector in some localities in the country.
1.2.2.1. Experience in reforming administrative procedures in the land sector of Bac Giang City - Bac Giang Province.
Bac Giang City is the political, economic and cultural center of Bac Giang province, where most of the province's administrative agencies are concentrated. One of the important highlights is the administrative procedure reform work, in which administrative procedure reform in the land sector is one of the procedures that Bac Giang City is interested in and is implemented according to the one-stop mechanism. Bac Giang City is the first locality in the province to implement the "Electronic One-stop" model to receive documents and return results since January 2008. This model is one of the bright spots in the country in implementing administrative procedure reform. At the end of 2009, the city completed and put into operation
Electronic information page. People can look up the procedures and order of settlement at the city's "one-stop" department, such as: procedures; processing time; fees, charges ...; look up online the status of their administrative procedure settlement by submitting documents via the Internet; Bac Giang city has applied ISO standards to the activities of the People's Committee, which was first granted a Certificate by the General Department of Standards, Metrology and Quality in January 2009 and has maintained it until now. Since implementing administrative procedure reform, all departments, offices, units of the city and the People's Committees of wards and communes have had to specifically define the content of work, clearly assign responsibilities, implementation progress, and completion deadline [17].
Strong reforms in improving the quality of the staff in charge of "one-stop-shop" and "one-stop-shop" in the city have brought about many changes in departments, offices as well as People's Committees of wards and communes. In 2012, the city developed and issued criteria for evaluating and classifying wards and communes in implementing the "one-stop-shop" and "one-stop-shop" mechanisms; at the same time, it organized inspections and assessments every six months for wards and communes that have implemented typical models for replication. This approach has really impacted the Party Committee, People's Committee, directly the Chairman of the People's Committee of wards and communes in organizing the implementation of reform work in general and the operation of the "one-stop-shop" department in particular in their localities. Thereby, enhancing the role of the head, the spirit and responsibility of cadres and civil servants in handling administrative procedures for organizations and citizens [17].
1.2.2.2. Experience in reforming administrative procedures in the land sector of Binh Thuan Province.
In Binh Thuan, administrative reform in the field of land in particular and natural resources and environment in general has had positive results and changes. The basic administrative reform work has been paid attention to by the Party Committee, leaders of the Department, leaders of the departments and affiliated units, proactively developed plans and implemented on schedule. The staff and civil servants doing administrative reform work of the Department are basically stable, step by step providing effective advice. The one-stop mechanism in handling administrative procedures continues to be implemented in a disciplined manner, the quality of handling administrative procedures for organizations and citizens is increasingly improved, there are no late records.
Appointment. The work of controlling administrative procedures is carried out regularly, the coordination with relevant sectors in drafting and submitting to the Provincial People's Committee for promulgation of amendments, supplements and abolition of administrative procedures has brought high efficiency; attention has been paid to the progress of implementing the Project on job positions, the quality of the staff and civil servants increasingly meets the requirements in public service activities, the decentralization of management is of interest; the application of information technology and the quality management system according to ISO standards in the management of the sector has contributed to improving the quality and efficiency in management, operation and handling of administrative work; the propaganda work on administrative reform has been of interest, focusing on contributing to improving and enhancing the indicators of competitiveness, governance efficiency, public administration and administrative reform at the provincial level [1].
Besides the positive aspects, there are still some limitations such as: some contents in the implementation of administrative reform are still slow, not monitored and urged in a timely manner. The propaganda work on administrative reform is not much, the awareness of a small number of cadres, civil servants and public employees is not high. The implementation of full publicity of administrative procedures in the activities of the agency so that "people know, people discuss, people check", however, the participation of cadres, civil servants, public employees and people giving opinions on cutting administrative procedures... is not much. The annual evaluation and classification of civil servants and public employees does not fully reflect the level of task completion of each department, unit and cadres, civil servants and public employees; there is still a situation where some people have a lot of work, some have little work. The application of information technology in the activities of agencies and units, although receiving attention, has not yet fully met the requirements; the effectiveness of document management software and operational management has not been fully promoted [1].
1.2.2.3. Experience in reforming administrative procedures in the land sector of Phu Tho province.
In general, administrative procedure reform in the land sector has always been of interest to Phu Tho province. The Provincial People's Committee regularly directs and proposes solutions to improve the investment environment such as: land use planning, compensation, support and resettlement, land use right certificate issuance, etc. Directing to promote administrative procedure reform, being active in contact and dealing with
dialogue with businesses and people to create conditions to attract investment projects to the province, thereby promptly removing difficulties and obstacles, fundamentally changing the awareness of cadres and civil servants in charge of land management. In addition, the province has directed the improvement of the organization and apparatus for land management, arranging cadres and civil servants with capacity and professional qualifications suitable for the job to improve the efficiency and quality of work [2]. However, in the implementation process, there are still some shortcomings and obstacles as follows:
- Propaganda work on state administrative reform in general and in the land sector in particular is not consistent and regular; Awareness of a number of cadres, civil servants and public employees is not really paying due attention to the implementation of administrative reform;
- Some regulations on administrative procedures in Decrees and Circulars are unclear, making implementation at the grassroots level difficult;
- Some administrative procedures (especially land allocation, land lease, and land use purpose conversion procedures) involve many sectors and levels. When implementing administrative procedures in the list of interconnected one-stop shops in each sector, there are still inconsistent contents, making it difficult for focal agencies to resolve administrative procedures.
- The qualifications of the staff working in Land Management at the local level are still limited in terms of expertise, professionalism, and uneven training levels, which has affected the quality and progress of task implementation.
1.2.3. Draw lessons from experience in reforming administrative procedures in the land sector in Thong Nhat district.
From the experiences of countries around the world and some experiences of other provinces, the thesis draws lessons on administrative procedures in the land sector to apply to Thong Nhat district as follows:
One is: Implement the settlement of administrative procedures in the land sector according to the one-stop mechanism to strengthen the trust of the people in state agencies.
Second: The innovation of administrative agencies' operations and the friendly service attitude of officials and civil servants have brought satisfaction to the people when resolving issues.
job.
Third: The transparency of all administrative procedures, processing time and fees has limited bureaucracy and corruption. At the same time, it ensures that every citizen can participate in state administrative supervision and management activities.
Fourth: Strengthen the application of computerization in administrative management, apply information technology and apply "one-stop-shop" software to clearly identify people, jobs, collective and individual responsibilities and allow the fastest and most public reception of work information. The software is easy to use, serving well the work of processing records, searching and archiving documents. When "one-stop-shop" staff update information, leaders and specialized departments promptly grasp it to promptly direct and deploy tasks. At the same time, through this, the Standing Committee of the People's Council and the District People's Committee can also inspect and supervise the implementation of tasks to each specialized department.
Five: Reform focuses on people. People are identified as customers of administrative agencies. This is a great change in awareness and attitude of civil servants towards people in handling people's work according to the provisions of law. Thong Nhat district focuses on training and building a team of specialized cadres with good qualities and high professional qualifications to effectively carry out administrative reform in general and CCTTHC in the land sector in particular.
CHAPTER 1 SUMMARY
Through chapter 1 of the thesis, the main contents are presented as follows:
- Firstly , clarify the concepts of administrative reform and administrative procedure reform in the land sector.
- Second , present the viewpoints of Marxism-Leninism, Ho Chi Minh Thought, and the viewpoints of the Party and State of Vietnam on administrative procedures in the land sector.
- Third , present the contents of administrative procedures in the land sector including: administrative procedures, influencing factors and criteria for evaluating the effectiveness of administrative procedures in the land sector.
- Fourth , study the effective experiences of some countries in the world and some localities in the country, from which draw lessons on administrative procedures in the land sector for Thong Nhat district.
This is a theoretical framework to analyze the current situation and propose solutions for administrative procedure reform in the land sector in Thong Nhat district, Dong Nai province.
Chapter 2:
CURRENT STATUS OF IMPLEMENTING ADMINISTRATIVE PROCEDURE REFORM IN THE LAND FIELD IN THONG NHAT DISTRICT.
2.1. Overview of socio-economic characteristics of Thong Nhat district that affect administrative procedure reform in the land sector.
2.1.1. Natural conditions.
2.1.1.1. Geographical location.
Thong Nhat District was divided according to Decree No. 97/2003/ND-CP dated August 21, 2003 of the Government, with a total natural area of 24,723.61 hectares with 10 administrative units under the province, geographical location in the center of the province and adjacent administrative boundaries as follows:
- North borders Dinh Quan district;
- East borders Long Khanh town;
- To the South, it borders Cam My district and Long Thanh district;
- The West borders Trang Bom district.
The location of Thong Nhat district has important advantages for economic development.
- The district's society, especially the convergence of national traffic hubs such as: National Highway 1A, National Highway 20, North-South railway, Ho Chi Minh City - Long Thanh - Dau Giay expressway connecting the district with major economic centers in the Southern key economic region, the Southern Central Highlands, the South Central Coast, so it is quite convenient to attract external investment to form industrial parks and clusters, economic - cultural - social exchange.
- The administrative boundary of Thong Nhat district includes 10 communes, the total natural area of the district is 24,722 hectares and the total population in 2014 is 161,321 people, of which women account for 50.5% of the population, population density is 652 people/km2. The ethnic composition includes 16 ethnic groups such as Kinh, Hoa, Cho ro, Ma, Nung, Tay..., of which Kinh people account for the majority, up to 95.86% of the total population of the district. (see appendix 2.1).
2.1.1.2. Topography and geomorphology.
The terrain of Thong Nhat district has an average altitude above sea level: 35 - 38m, located in a low mountainous terrain interspersed with flat, gentle and undulating plains, with the main slope gradually sloping from North to South; the land area with a slope of 0 - 80 accounts for 61.24%, the land area with a slope of 8-150 accounts for 24.88% and the land area with a slope of over 150 accounts for 10.1%.
Flat land areas (0-80) are mainly used for growing rubber, rice and vegetables; gently sloping land areas (8-150) are mainly used for growing fruit trees and sloping land areas (>150), including the mountains: Soc Lu, Vo Dong and Binh Loc, most of the area is used for exploiting construction materials, growing bananas, cashews and other perennial plants.
Over 90% of the natural area has good engineering geology, with a compressive strength of over 2kg/cm2. Some areas below the surface soil have a thick layer of rock that is currently being exploited for construction stone, distributed in the communes of Xuan Thanh, Quang Trung, and Gia Kiem.
2.1.1.3. Climate and hydrology.
Thong Nhat District is located in the equatorial tropical monsoon climate zone, with high temperatures all year round, abundant light, few storms, and two distinct rainy and dry seasons. The main climatic characteristics are as follows:
- Lots of sunshine: average 2,600 - 2,700 hours/year, 6 - 7 hours/day, average high temperature throughout the year: 250C - 260C, very favorable for intensive farming to increase productivity and increase crops as well as improve the quality of agricultural products.
- High rainfall (average 2,139 mm/year) but deeply differentiated by season, in which: rainy season from May to October accounts for over 85% of total annual rainfall, dry season from November to April of the following year with rainfall accounting for only about 10-15% of total annual rainfall.
- Average evaporation is 1,100 - 1,400 mm/year, in the dry season evaporation usually accounts for 64 - 67% of the total annual evaporation, causing an imbalance in humidity in the dry season, especially in the last months of the season.
- There is almost no cold and very few natural disasters, creating advantages for agricultural production development, especially perennial crops such as rubber, cashew, and fruit trees. As for annual crops, irrigation water is limited in the dry season, but if enough irrigation water is invested, production in this season often gives higher productivity, quality and efficiency than production in the rainy season.
The river and stream network within the district is quite dense and relatively evenly distributed, but most of them are steep and short. Large river and stream systems such as Nhan River distributed in the southern part of the district (Lo 25 commune), Gia Rung Stream distributed in the eastern part of Gia Tan 1 commune and Gia Duc Stream distributed in Quang Trung commune, etc. have different flow rates but the difference between the rainy and dry seasons is very large, while other small streams are often dry in the dry season.
2.1.2.Socio-economic conditions of Thong Nhat district.
2.1.2.1. Economic characteristics.
- The economy has continuously developed for a long time with high and sustainable growth rate; economic structure has shifted towards promoting the strengths of each industry and each region following the trend of Industrialization - Modernization. The service industry has promoted its advantages and is truly the driving force in the economic development of the District.
- The service - tourism sector has developed quite comprehensively in terms of services, trade, traffic - transportation, but due to the characteristics of this sector and the limitations within the district's economic scope, although it has achieved a high growth rate in the whole region, it is not uniform among sectors and the development potential is still quite large, this is also an opportunity to maintain high growth rate in the future.
-The livestock industry has made a major breakthrough in promoting the advantages of geographical location, internal strength and people's qualifications to strongly develop farm livestock farming in a highly effective and quite sustainable manner.
- The industry has achieved high growth rates, taking advantage of local people's raw materials and resources; planning industrial clusters has created a basis for strongly attracting investment in industrial development in the next stages. (Appendix 2.2)
2.1.2.2. Social characteristics.
- Infrastructure characteristics: Infrastructure has been invested in the right direction, basically completed the construction items of the District administrative center (Vocational training center, continuing education center, cultural and sports center, library, preventive medicine center, etc.).
+ In development investment, the most effective field is investing in livestock development farms under the LIFSAP project, followed by services such as transportation and trade, converting some crop production models, and stabilizing specialized areas.
+ Mobilizing investment capital for infrastructure construction of industrial parks; the district has planned 03 industrial parks (Dau Giay, Gia Kiem, Dofico-Road 25), of which Dau Giay industrial park has 11 investment projects; 02 industrial clusters (Hung Loc, Quang Trung) have completed investment procedures and are being implemented and will develop strongly in industry in the future.
- Labor characteristics: The number of working-age laborers in the district increased from 89,936 in 2012 to 94,857 in 2014. The number of laborers working in state-owned economic sectors in the district increased from 73,087 to 78,239, creating jobs for 1,717 people each year on average. (Appendix 2.3)
- Education and Training characteristics:
Developing in scale and quality, contributing to improving people's knowledge and human resource quality; currently, in all communes there are all types of schools meeting teaching and learning requirements, all educational indicators have met the Resolution's requirements; investment in building national standard schools is according to plan, up to now, 17 schools have been recognized as meeting national standards, accounting for 29.3% of the total number of schools in the district. (Appendix 2.4)
- Medical and health protection features:
The district has focused on investing in facilities and equipment for medical stations. The district hospital has been built, with a total of 205 beds; all medical stations have doctors on staff, with an average of 2.5 doctors per 10,000 people. (Appendix 2.5)
- Cultural, sports and information features:
Ideology, morality, lifestyle, and the cultural field have had positive changes. The movement to study and follow the moral example of Ho Chi Minh and to carry out the movement of the whole people uniting to build a cultural life has been increasingly promoted, deepened, and achieved many important results. Cultural institutions from the district to the grassroots have been invested in, upgraded, and newly built according to standards, associated with the criteria for building new rural areas. The movement "The whole people unite to build a cultural life, associated with building new rural areas" has gradually gone into depth, positively affecting political and social life. (Detailed data in Appendix 2.6)
- Defense and security:
The Party Committees and authorities at all levels pay attention to the leadership and consolidation of the National Defense and Security tasks to improve the quality of operations; political security and social order are stable, ensuring favorable conditions for socio-economic development in the District.
- Social policies: are regularly concerned and implemented more closely and in depth. The district has focused on payment, support, visitation and gift giving, house construction and repair, support for meritorious people and social protection. "Poverty reduction work has been well implemented, currently there are only 1,271 poor households, accounting for 3.3% of households in the whole district" [37].
2.2. Overview of land management and use in Thong Nhat district.
2.2.1. Investigation, survey, measurement, and cadastral mapping.
Up to now, the entire District has a cadastral map with 315 digital maps (as of December 31, 2010), MicroStation data format (*.dgn), land plot attributes are entered on Famis software provided by the Ministry of Natural Resources and Environment. The cadastral map is established by the total station method combined with aerial photography and the total station method combined with digital map technology. Commune-level cadastral maps are established at the following scales: 1/500; 1/1000; 1/2000; 1/5000. The entire area has been surveyed to create a cadastral map, the area measured at the scale of 1/500 accounts for 0.2% of the area, at the scale of 1/1000 accounts for 7.8%, at the scale of 1/2000 accounts for 59.7%, at the scale of 1/5000 accounts for 32.3%. Inventory book