One-stop mechanism from the practice of Hoang Mai district, Hanoi city - 1

ACADEMY

VIETNAMESE SOCIAL SCIENCES

Academy of Social Sciences

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NGUYEN VIET CUONG

ONE-STOP MECHANISM FROM PRACTICE

HOANG MAI DISTRICT, HANOI CITY

Major: Constitutional Law and Administrative Law Code: 60.38.01.02

MASTER'S THESIS IN LAW

SCIENTIFIC INSTRUCTOR: ASSOCIATE PROFESSOR , DR. LUONG THANH CUONG

HANOI, 2016

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

Nguyen Viet Cuong

ACKNOWLEDGEMENTS

During the process of writing this thesis, the author has received much help in terms of methodology, data, and materials for the research content. The author would like to express his sincere thanks to:

The Board of Directors of the Academy of Social Sciences has created all conditions in terms of facilities, learning and research environment for me to successfully complete my study program; professors, associate professors, and doctors have equipped me with a system of methodologies and enthusiastically guided me in my research and study work over the past time;

I would like to express my deep gratitude to Associate Professor, Dr. Luong Thanh Cuong , who spent his time and enthusiasm guiding the author to complete this thesis. I would like to sincerely thank my family, leaders, friends, colleagues and family who helped the author complete the thesis.

Thank you very much!

INDEX

INTRODUCTION 1

Chapter 1: THEORETICAL AND LEGAL BASIS OF THE ONE-STOP MECHANISM 6

1.1. General concept of one-stop mechanism 6

1.2. Main contents of the law on the one-stop mechanism in some areas of state administrative management at the People's Committee of District 11

1.3. Conditions to ensure implementation of the one-stop mechanism 13

Chapter 2: CURRENT STATUS OF ONE-STOP MECHANISM IN HOANG MAI DISTRICT,

HANOI CITY 37

2.1 Overview of the process of formation and development of the one-stop mechanism in Hoang Mai district, Hanoi city 37

2.2 Implementation of the one-stop mechanism in Hoang Mai district from 2010 to present 44

2.3. General assessment of the current status of the one-stop mechanism in Hoang Mai district 53

Chapter 3: PERSPECTIVES AND SOLUTIONS TO IMPROVE THE ONE-STOP MECHANISM FROM

PRACTICE OF HOANG MAI DISTRICT, HANOI CITY 64

3.1. Perspectives on perfecting the one-stop mechanism from the practice of Hoang Mai district 64

3.2. Solutions to perfect the one-stop mechanism from the practice of Hoang Mai district, Hanoi city. 67

CONCLUSION 78

LIST OF REFERENCES 80

LIST OF ABBREVIATIONS

People's Committee People's Committee

BB Minutes

Executive Committee

Health Insurance Health Insurance

Administrative Reform Administrative Reform

Land and House Registration

GCN Certificate

GCNQSDĐ Certificate of Land Use Rights NCC Meritorious People

Rural Development

QĐ-TTg Decision - Prime Minister

Land Use Rights Land Use Rights

Production and business

Notice

Social Affairs

Social evils TT-BVHTTDL

Administrative procedures

INTRODUCTION

1. Urgency of the topic

Administrative reform has always been a major policy of our Party and State, especially since our country began the renovation process to build a clean administration, properly use power and gradually modernize to effectively manage state work, promote healthy socio-economic development. On the other hand, under the leadership of the Party, our country is building a socialist-oriented market economy and a rule-of-law state. This is a new and very difficult task that requires the state to constantly innovate both in terms of organization and operation to meet the needs of the country.

For the state administrative reform to be effective, one of the important tasks is to fundamentally reform administrative procedures. In recent years, when there was a resolution on state administrative reform, the authorities at all levels have carried out many tasks such as: decentralization; clearly defining the functions, tasks, powers and responsibilities of the authorities at all levels. However, in reality, the administrative reform work is still slow and inadequate compared to the development requirements of the country.

The general requirement of administrative procedure reform is to reduce cumbersome and complicated administrative procedures, overlapping and easily exploited for corruption, causing difficulties and obstacles in solving common work, affecting the relationship between the State and organizations and citizens [1]. One of the keys to administrative reform is how to make administrative procedures simple, convenient and anti-negativity. In reality, when wanting to solve a specific problem, it is necessary to go through many intermediate steps, cumbersome procedures, many negative things occur, eroding the trust of organizations and people in the State [15]. Implementing the one-stop mechanism means that state administrative agencies create a new legal basis for solving the relationship between the State, organizations and citizens. With the significance and importance of the one-stop mechanism, the Prime Minister issued Decision No. 93/2007/QD-TTG: Promulgating the Regulations on implementing the one-stop mechanism, the inter-connected one-stop mechanism at local state administrative agencies. Since the decision was issued, many levels of government from the grassroots to the district have implemented it, developed projects and received approval from competent authorities... But how to implement the one-stop mechanism to resolve administrative work in a synchronous and effective manner? Need

What solutions are there to make the one-stop mechanism a real breakthrough, contributing to reforming administrative procedures, building a democratic, transparent, clean, modern administration? The application of the one-stop mechanism model in handling administrative procedures is of special importance in both theory and practice in the current period.

From the reasons presented above, the study of theoretical and practical issues on "One-stop mechanism from the practice of Hoang Mai district, Hanoi city" is very necessary to contribute to continuing to perfect the administrative reform work in Vietnam today to meet the requirements that practice is posing for the theoretical research on the "one-stop" mechanism in Vietnam.

2. Research status of the topic

Research on administrative reform is not a new issue in current legal science. There have been many research works on this issue from different perspectives. That also shows the urgent need to promote administrative reform for the construction of an advanced administration in Vietnam today. Research works on administrative procedure reform are in the form of works, magazines, monographs, theses, dissertations, of which the following research works are noteworthy: Regarding scientific magazines: Le Huu Nghia, Building a socialist rule-of-law state with the improvement of the effectiveness of our current state management , State Management Magazine; Nguyen Van Tham, Vu Thanh Xuan, Administrative reform in Ninh Binh through the practical implementation of a number of administrative reform projects, State and Law Magazine, August 2011 issue; Bui Duc Hien, Applying the laws and factors of the market economy to the implementation of state administrative reform; Tran Ngoc Duong, Proactively reforming the state apparatus in the trend of the times, Journal of theoretical research. Or scientific seminars: Associate Professor, Dr. Nguyen Nhu Phat, Administrative reform serving economic reform, Presentation at the Vietnam - Japan Scientific Conference, Hanoi, December 24-25, 2004. Besides, there are also many research works in the form of monographs, teaching and research textbooks, mentioning administrative reform, including administrative procedure reform such as: Administrative Law textbooks of law training institutions (Hanoi Law University, National University Law Faculty, Hanoi Open University; Nguyen Van Tham (2000), Causes affecting the administrative reform process;

In addition, there are many master's theses and doctoral dissertations researching administrative reform, including administrative procedure reform implemented at law training institutions. These studies have made important contributions to the analysis of theory and practice of administrative reform, administrative procedures in general and administrative procedure reform under the "one-stop" mechanism in particular. However, the issue of research on administrative reform under the "one-stop" mechanism in Hoang Mai District, Hanoi City has only stopped at local reports and summaries without in-depth research on practical operations. Therefore, it is necessary to study and research the difficulties and limitations based on the general theory of administrative procedure reform under the "one-stop" mechanism in Hoang Mai District, on that basis, apply solutions suitable to the practical situation of the locality.

3. Research purpose and tasks

3.1 Purpose

Based on theoretical and practical research, the purpose of the thesis is to study and propose a number of solutions to ensure the implementation of administrative procedures under the one-stop mechanism at administrative agencies from the practice of Hoang Mai district, Hanoi city to meet the current requirements of state administrative reform.

3.2 Mission

To achieve the above objectives, the thesis performs the following tasks:

- Provide scientific basis for determining the causes of each remaining limitation of the "one-stop" model currently operating at the People's Committee of Hoang Mai district;

- Study the current status of implementing administrative procedure reform activities under the "one-stop" mechanism at the People's Committee of Hoang Mai district;

- On that basis, the author proposes solutions to improve the effectiveness of administrative procedure reform under the "one-stop" mechanism, serving the management and operation of local activities in the current period.

4. Research object and scope

4.1 Research subjects

The topic focuses on studying administrative procedures resolved under the "one-stop" mechanism at the People's Committee of Hoang Mai district from 2010 to present, without expanding the study.