And to do that, the most important measure is the " exemplary " role of the heads of ministries and ministerial-level agencies. This is an extremely important educational method, with direct effects, substantial nature and widespread value. The exemplary role of the heads of the State administrative agencies at the ministerial level in implementing public ethics has great significance for improving public ethics, contributing to creating a public service culture, raising the awareness of serving the people and society of the staff in general and the heads of the State administrative agencies at the ministerial level in particular.
In addition, it is necessary to continue to raise awareness of the responsibility of the head of the Ministry-level administrative agency in administrative procedure reform. Accordingly, it is necessary to promote the work of propaganda and institutional education on the responsibility of the head in general, and the responsibility of the head of the Ministry-level administrative agency in particular, in administrative procedure reform. Because the institution on the responsibility of the head is considered complete not only in the form of a law with high legality, but more importantly, that law must be put into practice, must make the head fully grasp and understand the content of legal documents on their responsibility in administrative procedure reform to adapt to the requirements of the new period.
3.2.2.2. Improve the quality of administrative procedures and strengthen the direction and administration of heads of state administrative agencies at the ministerial level.
To improve the quality of administrative procedures, it is necessary to strictly implement regulations on administrative procedure control; assess the impact of administrative procedures right in the process of drafting legal documents and review administrative procedures during the implementation process; closely appraise and examine regulations on administrative procedures in projects and draft legal documents to prevent regulations on administrative procedures from the drafting stage that cause difficulties for production and business activities and people's lives, ensuring that only necessary, reasonable, legal and effective administrative procedures are issued. At the same time, focus on researching and proposing initiatives to reform administrative procedures in key areas related to production and business activities.
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The effectiveness of administrative procedure reform depends largely on the direction and management of the head of the ministerial-level administrative agency. The head of the ministerial-level administrative agency needs to focus on directing and managing resolutely and take primary responsibility for the results of administrative procedure reform before the Party, the State and the People.
Accordingly, in the coming time, heads of ministerial-level administrative agencies need to focus on implementing the following responsibilities:
- Implement the Program to reduce and simplify regulations related to business activities in the 2020-2025 period, including strictly controlling regulations related to business activities right from the drafting stage; improving the quality of appraisal, examination, and comments during the process of developing and promulgating legal documents to help prevent the emergence of unnecessary, unreasonable, and illegal regulations; ensuring the goal of reducing at least 20% of regulations, 20% of administrative procedure compliance costs, and minimizing the number of regulatory documents.
- Implement the Project to simplify the reporting regime in the operations of ministerial-level public administrative agencies to actively contribute to innovating working methods and styles, reducing administrative paperwork, cutting costs and human resources for the agency, creating a modern and effective working environment.
- Promote the implementation of administrative procedures in the electronic environment through effective implementation of Decree No. 45/2020/ND-CP dated April 8, 2020 of the Government on the implementation of administrative procedures in the electronic environment.
- Continue to strongly implement the policies and solutions set out in Resolution No. 02/NQ-CP to improve the business environment and enhance national competitiveness, in which, in terms of specialized inspection, it is necessary to apply risk management based on assessment and analysis of the level of compliance of enterprises and the level and scale of risks of goods; strongly shift from mainly conducting inspections at the stage of goods clearance to mainly monitoring at the market.
domestic market; publicly announce the list of specialized inspection items with HS codes at the detailed level, specialized management methods for export and import, and the costs that enterprises must pay; the form of publicity must be appropriate and easy to access; apply level 4 online public services.
- Strictly implement the announcement and publicization of administrative procedures, business conditions, and the list of specialized inspection items after the reduction; strengthen propaganda, dissemination, and legal education in reformed fields; strictly inspect and handle violations.
- Research and propose initiatives to reform administrative procedures in key areas related to production and business activities and people's lives. Promote decentralization in implementing administrative procedures; socialize public services according to unified and comprehensive criteria and methods in all management areas.
- Strengthening the settlement, associated with control, assessment and supervision of the settlement of administrative procedures in the electronic environment; increasing the rate of online records and online payment transactions; ensuring connection and data sharing to serve the settlement of administrative procedures and the provision of online public services. Improving service quality, associated with the innovation of the mechanism for implementing administrative procedures according to the modern one-stop shop and one-stop shop model, associated with the digitization of records and documents and the decentralization of the reception and settlement of administrative procedures. Focusing on reviewing and reforming internal administrative procedures, associated with promoting the construction of a paperless administration and electronic civil servants.
- Promote communication on administrative procedure reform in various forms, through mass media (reports, conferences, seminars, etc.); coordinate with socio-political organizations in informing and propagating contents related to administrative procedure reform, regulations on administrative procedures, programs and plans for administrative procedure reform of ministries and branches to raise awareness and understanding of administrative procedure reform, creating unity in perception and action. Diversify forms of propaganda to support activities
Reform and control administrative procedures; actively cooperate with press agencies to simultaneously deploy propaganda and dissemination activities to raise awareness of administrative procedure reform and control at ministries, branches and localities.
- Promote the application of information technology in handling administrative procedures. Nowadays, IT with its outstanding advantages has entered all areas of social life, is a powerful tool to support administrative procedure reform, contributing to improving the efficiency and quality of administrative procedure reform; is an effective tool to help the Ministry-level State administrative agencies to be public, transparent, and accountable for all activities in accordance with the spirit of the 4.0 Revolution.
3.2.2.3. Enhance publicity and transparency in the issuance of administrative decisions by heads of state administrative agencies at the ministerial level on administrative procedure reform.
Publicity and transparency are important requirements to improve the effectiveness of institutional implementation of the responsibility of heads of ministerial-level state administrative agencies in administrative procedure reform. In the context of deep international integration, especially the 2013 Constitution with many new provisions recognizing, respecting and protecting human rights and fundamental rights of citizens, there are increasingly high requirements for heads of administrative agencies in protecting the rights and interests of individuals and organizations in society. Accordingly, it is required that the performance of public duties by civil servants in general and by heads of ministerial-level state administrative agencies in particular must ensure publicity and transparency.
In administrative procedure reform, publicity and transparency means that people are fully, promptly and accurately informed about the law and all other information related to the implementation of public duties by state officials. A public service for the people and responsible to the people means that people have the right to know how state agencies exercise power and use the resources they are entrusted with.
Among the contents of publicity and transparency, the most important is transparency in the issuance of administrative decisions by the heads of ministerial-level state administrative agencies related to administrative procedures. Issuing decisions is a very important job of the heads of ministerial-level state administrative agencies, especially legal documents on administrative procedures that have a direct and strong impact on the lives of people and businesses.
Transparency in the issuance of administrative decisions comes from the risks of non-transparency in the issuance of administrative decisions. First of all, the issuance of administrative decisions that are not public and transparent leads to the risk that administrative decisions lack scientific and practical basis, leading to a lack of vitality and effectiveness in management. This leads to other consequences such as administrative decisions that lack persuasiveness in implementation, do not create consensus from the subjects directly affected as well as the whole society. In addition, the process of issuing administrative decisions that are not public and transparent is a risk leading to corruption and negativity (policy corruption). The issuance of administrative decisions that are not public and transparent and their implementation are risks leading to corruption and negativity, giving rise to complaints and denunciations in the implementation of administrative procedures.
To enhance publicity and transparency in the issuance of administrative decisions by heads of ministerial-level administrative agencies in administrative procedure reform, it is necessary to implement the following contents:
Firstly , it is necessary to improve people's access to information about administrative procedures. People's access to administrative procedures is demonstrated in: The right to be provided with information and the level of understanding and applicability of the information provided.
Second , it is necessary to create a mechanism for people to monitor and criticize social issues regarding administrative procedures. Monitoring and criticizing society is not only promoting people's democratic rights but also mobilizing and concentrating the intelligence of the entire population to solve common problems of the public authority system in the process of building and developing the country according to the motto "people know, people discuss, people inspect". Monitoring and
Social criticism from the people is an important condition for people to express their views and contribute ideas to perfect the Party's policies and the State's laws on administrative procedure reform.
Third , implementing the accountability of the heads of ministerial-level administrative agencies on administrative procedure reform. Transparency associated with accountability is not only an urgent requirement to practice democracy and ensure people's rights when participating in administrative procedures. More importantly, it is an effective solution to prevent and combat bureaucracy and corruption. The heads of ministerial-level administrative agencies must implement accountability to relevant entities when issuing and implementing administrative decisions related to administrative procedures of their ministries and branches. The heads of ministerial-level administrative agencies must provide, explain, and clarify information on the implementation of assigned tasks and powers and their responsibilities in implementing those tasks and powers. The heads of ministerial-level administrative agencies must acknowledge responsibility for every action, every product, every decision or policy they make in managing and implementing administrative procedures.
To fulfill their accountability responsibilities, heads of ministerial-level administrative agencies must not "avoid" receiving citizens, must not "avoid" or "beat around the bush" when faced with questions from parties related to administrative procedures in their sector. For example, in the process of handling administrative procedures, when discovering that records and requests for work settlement by individuals and organizations do not ensure legality, are not in accordance with reality or do not meet the conditions for settlement, they must be responsible for notifying in writing the individuals and organizations of the reasons why the records are not settled or need to supplement records and supporting documents in accordance with the provisions of law. When the results of handling administrative procedures are not in accordance with the provisions of law or do not meet the requirements and wishes of the people, they must notify in writing clearly explaining the reasons to the individuals and organizations; in cases where the reasons are subjective, they must publicly apologize to the individuals and organizations.
In addition, it is necessary to enhance the political responsibility of the heads of ministerial-level administrative agencies in administrative procedure reform. Of the three types of responsibilities of the heads of ministerial-level administrative agencies, political responsibility is the first type of responsibility that needs attention. Ensuring that the political responsibility of the heads of ministerial-level administrative agencies is well implemented is an important basis for improving the effectiveness of administrative procedure reform. In the past, the implementation of political responsibility of the heads of ministerial-level administrative agencies in Vietnam has had many limitations. Although the results of implementing responsibilities are still weak, almost no heads of ministerial-level administrative agencies voluntarily resign. Therefore, enhancing the political responsibility of the heads of ministerial-level administrative agencies in administrative procedure reform is extremely important.
3.2.2.4. Strengthen inspection, examination, supervision and handling of violations of the responsibility regime of heads of state administrative agencies at the ministerial level in administrative procedure reform.
Inspection, examination and supervision are indispensable methods in state management activities in all fields in general, and administrative procedure reform in particular. Through inspection, examination and supervision, it is necessary to detect loopholes in management mechanisms, policies and laws to propose to competent state agencies remedial measures; prevent, detect and handle violations of the law, help agencies, organizations and individuals comply with legal provisions; promote positive factors; contribute to improving the effectiveness and efficiency of state management activities; protect the interests of the state, the rights and legitimate interests of agencies, organizations and individuals. Therefore, in order to effectively manage the state in the field of administrative procedure settlement, it is necessary to strengthen the inspection, examination and supervision of law enforcement activities in the settlement of administrative procedures by heads of ministerial-level state administrative agencies in administrative procedure reform.
Inspection, examination and supervision are always the embodiment of legal discipline. Inspection, examination and supervision, regardless of the form, always have the effect of limiting and deterring violations of the law by heads of ministerial-level state administrative agencies in administrative procedure reform. Therefore, it is necessary to establish a mechanism for regular, independent and objective inspection, examination and supervision in the performance of responsibilities of heads of ministerial-level state administrative agencies in administrative procedure reform in order to detect and strictly, promptly and fairly handle violations by heads of ministerial-level state administrative agencies in administrative procedure reform, contributing to improving the effectiveness and efficiency of state management in all fields.
Along with inspection, examination and supervision, one of the important measures to improve the effectiveness of institutional implementation on the responsibility of heads of ministerial-level administrative agencies in administrative procedure reform is to strictly handle those who violate the responsibility regime. Theory and practice have shown that taking responsibility is a means for the State to force heads of ministerial-level administrative agencies to properly perform their obligations in administrative procedure reform. Therefore, to ensure that heads of ministerial-level administrative agencies properly perform their responsibilities in administrative procedure reform, it is necessary to promptly and strictly handle violations. Because improving the effectiveness of institutional implementation on the responsibility of heads of ministerial-level administrative agencies in current administrative procedure reform cannot be achieved only by means of propaganda, mobilization, education, persuasion or by selection, recruitment, treatment... but needs to be "educated" by sanctions. Education through strict and strong sanctions has probably been a great lesson in the success of managing civil servants in many countries, including Vietnam.
Therefore, along with perfecting legal regulations on the responsibilities of heads of ministerial-level administrative agencies in administrative procedure reform, the first important thing to do is to strictly apply the regulations.