Organization of Specialized Agencies Under the District People's Committee

04/02/2008 of the Government) includes the following 17 agencies: Department of Home Affairs , Department of Justice , Department of Planning and Investment , Department of Finance , Department of Industry and Trade , Department of Agriculture and Rural Development , Department of Transport , Department of Construction, Department of Natural Resources and Environment , Department of Information and Communications , Department of Labor - Invalids and Social Affairs , Department of Culture, Sports and Tourism , Department of Science and Technology , Department of Education and Training , Department of Health, Provincial Inspectorate , Provincial People's Committee Office

Thus, among the 17 agencies under the provincial People's Committee organized uniformly nationwide as mentioned above, there are 11 agencies organized stably as per Decree No. 171/2008/ND-CP of the Government; 03 agencies are organized on the basis of merging between departments or agencies at the same level as departments under the provincial People's Committee including: Department of Industry and Trade, Department of Agriculture and Rural Development, Department of Culture, Sports and Tourism; 01 agency merged from departments under the provincial People's Committee (Department of Home Affairs is the administrative agency with the merger of the emulation and reward committee and the religious committee of the provinces and centrally run cities or the religious affairs department of the provinces and centrally run cities into the Department of Home Affairs) and newly established departments or agencies at the same level as departments regulated by Decree No. 13/2008/ND-CP of the Government, previously not subject to the regulation of Decree No. 171/2004/ND-CP of the Government, including: Department of Information and Communications: (established on the basis of the Department of Posts and Telecommunications and receiving the functions and organization of state management of press and publishing from the Department of Culture, Sports and Tourism); The office of the Provincial People's Committee is an agency equivalent to a department. Previously, the office of the Provincial People's Committee was mentioned in Decree No. 171/2008/ND-CP as an organization of the administrative agency under the provincial People's Committee, but did not stipulate the functions, tasks, powers and organizational structure of the office of the People's Committee. These issues will be regulated by the Government in another legal document. Decree No. 13/2008/ND-CP of the Government specifically stipulates: The office of the Provincial People's Committee is an agency equivalent to a department, an apparatus assisting the People's Committee and the Chairman of the People's Committee at the provincial level. The office of the People's Committee has the function of providing general advice, assisting the People's Committee in organizing the general activities of the People's Committee; advising and assisting the Chairman of the People's Committee and Vice Chairmen of the People's Committee in directing and operating the general activities of the administrative apparatus at the local level [15] . With the above provisions, the position, functions, tasks, powers and organizational structure of the office of the People's Committee have been more specifically defined. However, the type of agency

This office has some differences compared to other agencies (such as the provincial inspectorate) as well as departments in the organization of the administrative agencies under the provincial People's Committee, that is, the office of the People's Committee not only has the position of an administrative agency but it is also an apparatus assisting the People's Committee, the Chairman of the People's Committee at the provincial level. In performing its functions, the office of the People's Committee advises and assists the Chairman of the People's Committee and Vice Chairmen of the People's Committee in directing and operating a number of aspects of work under the management of the provincial People's Committee. With that regulation, it shows the differences in the structure and internal organization of the office of the Provincial People's Committee as well as when performing the functions, tasks, powers, and coordination between this agency and other administrative agencies, political and social organizations within the current management area of the Provincial People's Committee.

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Although only 01 administrative agency was dissolved; 01 new administrative agency was merged; 03 administrative agencies were consolidated from different departments, it has contributed to significantly reducing the number of focal points in the organization of administrative agencies under the provincial People's Committee. Thereby demonstrating the high determination of our Party and State in the process of innovation, reform and construction of the state administrative apparatus, especially the local state administrative apparatus with a streamlined, scientific organization, suitable in performing its functions, tasks and powers to serve the cause of national development in the process of integration and globalization that is taking place strongly.

* The type of CQCM under the Provincial People's Committee is organized according to the specific characteristics of each locality (as stipulated in Chapter II, Article 9, Decree No. 13/2008/ND-CP of the Government) including: Department of Foreign Affairs , Ethnic Committee, Department of Planning and Architecture (established in Hanoi and Ho Chi Minh City) .

Regarding the number of organizations of the CQCM under the provincial People's Committee as mentioned above, Decree No. 13/2008/ND-CP stipulates uniformly for localities nationwide as 17 agencies; the organization based on the specific characteristics of each locality is 03 agencies. Therefore, the minimum number is only 17 and the maximum can be up to 19 agencies (Hanoi and Ho Chi Minh City alone have no more than 20 CQCM). Although the number of CQCM under the provincial People's Committee is regulated differently, this difference comes from the practical situation of geographical location, ethnic structure in the population or the development of economy, culture and society in each locality. However,

They all aim to ensure that the work of advising and assisting the People's Committee and the Chairman of the People's Committee in performing the functions, tasks and powers of state management over the sector, field or a number of sectors and fields of work in the locality is smoothly communicated from the central to local levels, always unified and effective.

3.1.1.2. Organization of specialized agencies under the People's Committee at district level

Along with the development and improvement of the organization of the agencies under the People's Committees of provinces and centrally run cities, the agencies under the People's Committees of districts, towns, and cities under provinces and districts, towns, and cities under centrally run cities are also arranged and reorganized in a compact, scientific manner and suitable to the specific conditions of the district-level People's Committees. similar to the agencies under the provincial-level People's Committees. The agencies under the district-level People's Committees are also advisory bodies, assisting the district-level People's Committees in performing the state management function in the locality and a number of tasks and powers under the authorization of the People's Committees at the same level and according to the provisions of law, contributing to ensuring the unified management of the sector or field of work from the central to the grassroots level. However, due to the spatial scope and state management content of the district-level People's Committee, there are issues that are different from the spatial scope, content, and state management nature of the provincial-level People's Committee (in fact, the district-level People's Committee is only an intermediate level in the locality, so this level is currently being piloted to be able to choose a model of not organizing People's Councils at the district and county levels in the 2013 Constitutional amendment). Therefore, the law stipulates that the organization of the agencies under the district-level People's Committee is different from the organization of the agencies under the provincial-level People's Committee. This provision is necessary because it comes from the current practice of the functions, tasks, and state management powers of the district-level People's Committee in our country.

According to the law, the administrative agencies are only organized at the provincial and district levels, while at the commune level, the activities of state administrative management are undertaken by civil servants whose professional titles are prescribed by law. Commune-level civil servants are directly directed, directed and managed by the Chairman of the People's Committee of the same level (although Article 7 of Decision No. 112-QD-HDBT dated October 15, 1981 of the Council of Ministers on the functions, tasks and organization of the commune-level government apparatus stipulates specialized departments under the People's Committee of the commune level such as the economic-planning department, the cultural-social department, etc.)

financial department...[71] , but when considering the organizational structure, these specialized departments do not have enough signs to be considered a professional agency). The professional agencies under the People's Committees at the provincial and district levels are organized at different stages, the organizational structure of the professional agencies comes from their position, role, nature and from the functions and tasks of state management of the People's Committees at the same level. Therefore, when researching and designing the model, quantity, and organizational structure of the professional agencies at local government levels (provincial and district levels), it is necessary to consider the functions, tasks, powers as well as the specific characteristics of each level to organize them in accordance with the practical situation. Therefore, the organizational structure of the professional agencies under the People's Committees at the district level is organized differently from the organizational structure of the professional agencies under the People's Committees at the provincial level.

Currently, the organization of the CQCM under the People's Committee at the district level is organized according to the principle of ensuring both consistency nationwide and the specificity of each locality, meeting the requirements of multi-sectoral and multi-field management within the scope of state management of the People's Committee at the same level. Specifically:

* The administrative agencies are organized uniformly in districts, towns, and cities of the province, including 10 departments : Department of Internal Affairs , Department of Justice , Department of Finance and Planning , Department of Natural Resources and Environment , Department of War Invalids and Social Affairs , Department of Culture and Information , Department of Education and Training, Department of Health , District Inspectorate , Office of People's Council and People's Committee.

* The administrative agencies are organized to suit each type of district-level administrative unit (as stipulated in Article 8, Decree No. 14/2008/ND-CP of the Government), specifically as follows:

- In districts of centrally-run cities and towns, provincial cities have: Economic Department, Urban Management Department.

- In districts there are: Department of Agriculture and Rural Development, Department of Industry and Trade.

* Organization of specialized agencies in island districts : Based on the specific conditions of each island district, the Provincial People's Committee shall submit to the Provincial People's Council the decision on the number and names of specialized departments under the Island District People's Committee. The number of specialized agencies of the Island District People's Committee shall not exceed 10 departments [16].

This regulation shows certain progress in the process of formation and development of the organization of administrative agencies under the People's Committee at the district level as recorded in previous legal documents, demonstrating the inheritance of existing advantages in the history of development and consistent with the practice of state administrative reform in general and administrative procedure reform of agencies in the state apparatus in particular. Therefore, the administrative agencies under the local government at this intermediate level have reduced a certain number of focal points. In addition, when organizing these administrative agencies, they have been considered and selected in accordance with the characteristics of the types of administrative units at the district level. However, unlike the administrative agencies under the People's Committee at the provincial level, the People's Committee at the provincial level is a local state administrative agency, receiving legal documents from the central state, ensuring that these legal documents are organized and implemented effectively, with functions and state management authority very different in scope, scale and nature compared to the People's Committee at the district level. In fact, the District People's Committee is an "intermediate" level in the local state apparatus, especially during the period when the state is piloting the non-organization of People's Councils at the district, ward and ward levels according to Resolution No. 26/2008/QH12 dated November 15, 2008 at the 4th session of the 12th National Assembly, showing the need to continue researching and innovating the local government model, including the district level. With a new, suitable and streamlined model, the innovation and reorganization of the administrative agencies under the District People's Committee is of great significance in state management of the local sectors and fields at present.

At the district level, the internal organization of the administrative agencies is not the same as at the provincial level, with a structure consisting of the head, deputy heads of the administrative agencies and civil servants assigned to specific professional positions. These civil servants are under the direct management of the head of the administrative agency (or deputy heads of the administrative agencies according to the direct assignment of the head of the administrative agency). However, this organization still ensures the requirements of unity, coordination, smoothness and timeliness in the process of handling the work of cadres and civil servants through clearly defining the rights and responsibilities of the positions in the district-level administrative agencies. This organizational model helps the district-level administrative agencies to be streamlined, significantly reducing the number of district-level administrative agencies as well as the state payroll in the locality, which is of great significance in contributing to promoting state administrative reform to achieve even higher results.

At the same time, the organization of the administrative agencies under the People's Committee at the district level not only has differences in internal organizational structure, tasks, powers, and relationships compared to the administrative agencies under the People's Committee at the provincial level, the administrative agencies under the People's Committee at the district level also have differences compared to the administrative agencies organized vertically (the administrative agencies under the People's Committee can be called internal agencies, while the central administrative agencies organized at the local level are external agencies). Agencies such as tax, treasury, police, army... are not subject to the management of the organization and staffing of the People's Committee at the same level, but in their activities, these agencies have certain relationships with the People's Committee and the administrative agencies at the same level. However, the organizational structure of those agencies often has their own subordinate units and organizations. For example, the tax department at the district level has specialized teams such as the tax accounting and information technology declaration team, the general budgeting team, the tax payer support stamp propaganda team... or the district police have a criminal team, an administrative management team... meanwhile, the administrative agencies under the district People's Committee often only have affiliated career organizations (such as the education and training department with schools). The organization of administrative agencies at the district level also depends on the division of administrative boundaries, the nature of management at the level, and the current type of local government to ensure conformity with the practical conditions of the locality and to exploit and promote the potential strengths in each locality, improving the effectiveness of specialized management in particular and administrative management in all fields of the state in general.

Thus, the organization of the People's Committees at provincial and district levels (from 1986 to present) has been fundamentally reformed, initially achieving encouraging results. Specifically:

- Regarding functions, tasks and powers: The agencies under the People's Committees at the provincial and district levels have performed well the task of advising and comprehensively managing the sectors and fields of work in the localities. In particular, there has been a clearer definition of functions, tasks and powers, more specific decentralization of the tasks that the agencies are responsible for submitting to the People's Committee, tasks submitted to the Chairman of the People's Committee, tasks that the agencies themselves decide and are responsible for, as well as the management decentralization of the People's Committees at all levels for the agencies to guide and inspect implementation. Therefore, there have been fundamental adjustments, suitable to the actual situation in the localities, and the implementation coordination mechanism.

between the agencies, contributing to overcoming the overlap and duplication of functions, tasks and management scope of each agency. Determining the management agencies in a multi-sectoral and multi-field direction has created connectivity and unity in activities in the same sector, field or fields, minimizing the participation or coordination of many agencies in the same sector or field.

- Regarding organizational structure: The agencies at both provincial and district levels have been streamlined to ensure compactness, scientificity and rationality. Meeting the requirements of multi-sectoral and multi-field management tasks, creating unity in handling work, reducing coordination and enhancing the direct leadership role of the People's Committee at the same level and of the competent professional agencies at higher levels. At the same time, in this innovation process, the organization of agencies is also established based on the specific characteristics of the locality, ensuring conformity with local realities and promoting local socio-economic development.

3.1.2. Current status of operations of specialized agencies under the People's Committee

3.1.2.1. Current status of operations of specialized agencies under the Provincial People's Committee

The operational efficiency of each agency in the state apparatus always depends on the organization and operation of that agency. Therefore, along with the innovation in the organization of the administrative agencies under the People's Committee, from 1986 to present, the operations of those agencies have also been constantly innovated in terms of content, form and method of operation, meeting the requirements and tasks of state administrative reform in the current period.

The organization, staffing and internal structure of the State administrative agencies have certain impacts on the activities of the State administrative agencies under the People's Committee. Therefore, the innovation of the activities of these agencies needs to be carried out synchronously in terms of content, form and method of innovation. Regarding the innovation content, we have more clearly defined the relationship of direction and management of the People's Committee, of the State administrative agencies at higher levels towards the lower levels, the coordination between the State administrative agencies at the same level with each other, between the State administrative agencies and state agencies.

country (such as relationship with People's Court, People's Procuracy, Enforcement Agency)

civil judgment enforcement...) or between the competent authority and local social organizations.

In fact, the activities of the People's Committee at each level are carried out in all areas of social life. That is shown: "The activities of the People's Committee are comprehensive in all areas of political, economic, cultural - social, security, national defense life..." [99, p. 452], for the activities of the People's Committee to take place smoothly, uniformly and effectively, it must go through the agencies under the People's Committee. These are specialized management agencies, exercising professional authority over the local sector and field, advising and assisting the management activities of the People's Committee at the same level. Thus, in the relationship with the agencies, the People's Committee at the same level has the right to establish the agencies; direct and manage the organization, staffing and work of the agencies; the Chairman of the People's Committee appoints, dismisses and disciplines the Heads and Deputy Heads of the agencies at the same level; The People's Committee at the same level has the right to suspend or abolish illegal decisions of the same-level administrative agencies. This relationship demonstrates the strict management of the organization and operation of the People's Committee over the administrative agencies. The legal documents regulating the administrative agencies all identify the dependence of the administrative agencies on the People's Committee at the same level in both organizational and operational aspects. In terms of organization, the People's Committee at the same level establishes the administrative agencies; manages the staffing, organization and directs the operations of the same-level administrative agencies; stipulates the tasks, powers and organizational structure of the administrative agencies. Therefore, the issue that needs to be further clarified here is the relationship between the administrative agencies and the People's Committee at the same level - a horizontal relationship (a relationship that is superior to the relationship of other agencies and organizations) but the law has not yet specifically regulated the mechanism and content of operations for the administrative agencies under the People's Committee at each level. Because the legal documents only stipulate the same content.

The relationship between the administrative agency and the People's Committee at the same level in operation is a relationship of execution and management of the State administrative management at the local level. The nature of this relationship is expressed through the tasks, functions, and authority of the People's Committee, which has the right to appoint and manage the organization, staffing, and operating budget of the administrative agencies under its management. The law stipulates that the People's Committee and the Chairman of the People's Committee have the following rights and obligations:

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