MINISTRY OF EDUCATION AND TRAINING
MINISTRY OF JUSTICE
HANOI LAW UNIVERSITY
TA QUANG NGOC
INNOVATION OF ORGANIZATION AND ACTIVITIES
OF THE PROFESSIONAL BODY
BELONGING TO THE PEOPLE'S COMMITTEE IN VIETNAM TODAY
DOCTORAL THESIS IN LAW
HANOI - 2013
MINISTRY OF EDUCATION AND TRAINING
MINISTRY OF JUSTICE
HANOI LAW UNIVERSITY
TA QUANG NGOC
INNOVATION OF ORGANIZATION AND ACTIVITIES
OF THE PROFESSIONAL BODY
BELONGING TO THE PEOPLE'S COMMITTEE IN VIETNAM TODAY
Major : Theory and history of state and law
Code
: 62 38 01 01
DOCTORAL THESIS IN LAW
Scientific supervisor: Associate Professor, Dr. Nguyen Van Dong
HANOI - 2013
COMMITMENT
I hereby declare that this is my own research work. The data presented in the thesis are true. The scientific conclusions of the thesis have never been published in any other work.
THESIS AUTHOR
Ta Quang Ngoc
INDEX
Page
INTRODUCTION 1
Chapter 1 : OVERVIEW OF RELATED RESEARCH SITUATION 8
TO THESIS TOPIC
Research status of the topic | 8 | |
1.2. | Contents of government research papers | 9 |
locality related to the thesis topic | ||
1.3. | The basic contents of the research works include: | 17 |
content directly related to the thesis topic | ||
Chapter 2 : THEORETICAL BASIS OF ORGANIZATIONAL INNOVATION AND | 28 | |
ACTIVITIES OF SPECIALIZED AGENCIES PEOPLE'S COMMITTEE | ||
2.1. | Specialized agencies under the People's Committee: concept, characteristics, position | 28 |
location, nature, function, task, organization; content, form | ||
method of operation | ||
2.2. | Concept, goals, principles, influencing factors and | 51 |
ensure the innovation of organization and operation of specialized agencies | ||
People's Committee | ||
2.3 | Specialized agencies of local governments in some countries above | 65 |
World and experience for Vietnam | ||
Chapter 3 : CURRENT STATE OF ORGANIZATION, ACTIVITIES AND INNOVATION | 69 | |
ORGANIZATION AND ACTIVITIES OF SPECIALIZED AGENCIES |
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Concept, Objectives, Principles, Influencing Factors and Guarantees for the Innovation of Organization and Operation of Specialized Agencies under the Commission -
Innovation in organization and operation of professional agencies under the People's Committee in Vietnam today - 21 -
Law Enforcement Practices on the Organization and Operation of Private Hospitals -
The process of building the organization and operation of the Southern Regional Party Committee and the Central Office for Southern Vietnam from 1945 to 1954 - 22 -
The process of building the organization and operation of the Southern Regional Party Committee and the Central Office for Southern Vietnam from 1945 to 1954 - 20
SUBJECTS IN OUR COUNTRY TODAY
3.1. Current status of organization and operation of specialized agencies under Committee 69
People's Committee
3.2. Current status of innovation in organization and operation of professional agencies 90
People's Committee
Chapter 4 : SOLUTIONS TO CONTINUE ORGANIZATIONAL INNOVATION AND ACTIVITIES OF SPECIALIZED AGENCIES BELONGING TO THE PEOPLE'S COMMITTEE IN VIETNAM TODAY | 111 | |
4.1. | Solutions to continue innovating the organization of professional agencies | 111 |
People's Committee | ||
4.2. | Solutions to innovate the operations of specialized agencies under the People's Committee | 146 |
CONCLUDE | 158 | |
PUBLISHED SCIENTIFIC WORKS OF THE AUTHOR | 160 | |
RELATED TO THESIS TOPIC | ||
APPENDIX | 170 |
LIST OF ABBREVIATIONS
CQCM: Professional agency CQHCNN: State administrative agency People's Council: People's Council
People's Committee: People's Committee
VBQPPL: Socialist legal documents: Socialism
INTRODUCTION
1. The urgency of researching the topic
In the system of local government agencies, "The People's Committee is a local state administrative agency and a part of the unified state administrative system led by the Government" [92, p. 430]. The People's Committees (PCs) at all levels play an important role in implementing local state management in all areas of social life, to implement legal documents (LDOs) of higher-level state agencies and resolutions of the People's Councils (PCs) at the same level, contributing to ensuring law enforcement and improving the effectiveness and efficiency of state management activities of the People's Committees. Specialized agencies (CQCM) have the position and role of advisory bodies, assisting the People's Committees in implementing unified sectoral and field management from the central to grassroots levels.
Immediately after the success of the August Revolution in 1945, our Party and State paid attention to consolidating, building and developing local governments. A number of legal documents on the organization of local government agencies during this period were issued promptly, including documents on the administrative agencies under the Administrative Committee (later the People's Committee) such as Decree No. 63/SL dated November 22, 1945 regulating the organization of People's Councils and Administrative Committees at all levels in rural areas, Decree No. 77/SL dated December 21, 1945 regulating the organization of governments in towns and cities ... After that, the Constitutions of 1946, 1959, 1980, 1992 (amended and supplemented in 2001) and legal documents on the organization of local government agencies continued to be issued to perfect the organization and operation of local government agencies in general and the administrative agencies under the People's Committee in particular.
Depending on the tasks and objectives of each revolutionary stage, the administrative agencies are regulated differently by law (including their names, positions, and functions). They are regulated directly or indirectly by law in legal documents and those legal regulations contribute to gradually perfecting the organization and operation of the administrative agencies under the People's Committee. Based on the requirements for reforming the state administrative system, the focus is on
The focus is on reforming the state apparatus, improving the effectiveness and efficiency of state management in the context of building a socialist rule-of-law state and integrating into the international economy, so in the documents and resolutions of our Party, it is clearly stated that:
Continue to build and perfect the Socialist Republic of Vietnam, focusing on administrative reform, gradually innovating the organization and operation of the Government and local government agencies, clearly defining the functions and tasks of the provincial level, building a unified administrative apparatus with sufficient power, capacity and effective operation [22].
Those viewpoints and guidelines were also expressed in the Resolution of the 6th National Party Congress and in the documents of the 7th Mid-term National Conference of the Party, which also mentioned for the first time the building and perfecting of the Vietnamese rule-of-law State, specifically: "Continue to build and gradually perfect the Vietnamese rule-of-law State. It is a State of the people, by the people, for the people, managing all aspects of social life by law, leading the country to develop in the direction of socialism" [24, p. 56]. Along with this issue, the content of state administrative reform continued to be affirmed in the Resolution of the 3rd Central Committee (VIII term), the Resolution of the 9th, 10th and 11th Central Committees of the Party.
In order to institutionalize the Party's viewpoints, the 1992 Constitution (amended and supplemented in 2001) stipulated : "The People's Committee, within the scope of its tasks and powers prescribed by law, shall make decisions, give instructions and inspect the implementation of such documents... The Chairman of the People's Committee has the right to suspend or abolish erroneous documents of agencies under the People's Committee..." [41]. The 2003 Law on Organization of People's Councils and People's Committees specifically stipulates that the agencies under the People's Committee are: "advisory agencies assisting the People's Committees at the same level in performing state management functions.... The Government shall prescribe the organization of specialized agencies under the People's Committees and guide the organization of a number of specialized agencies..." [79]. Recently, our State has issued two important legal documents: Decree No. 171/2005/ND-CP of the Government dated September 29, 2005 regulating the organization of administrative agencies under the People's Committees at the provincial level (now replaced by Decree No. 13/2008/ND-CP of the Government dated February 4, 2008).