Unification leads to a situation of pushing and avoiding in the process of resolving some issues for citizens and organizations, affecting the performance of the State management agency.
In summary, the organization of the State agencies under the People's Committees of provinces and centrally run cities has revealed certain limitations. The requirement for a compact and suitable organization of State agencies to promote socio-economic development has become an urgent requirement. The innovation is not simply merging or consolidating the State agencies to manage in a multi-sectoral and multi-field direction, but the organization of these agencies must be suitable to the practical requirements of the locality and ensure consistency and continuity between the Central Ministries, branches and People's Committees at all levels in performing the function of state management of local sectors and fields. At the same time, ensure the principle of applying a unified organizational model nationwide, while taking into account the specific economic and social factors of the locality and the differences between urban and rural authorities to organize a number of specific agencies to suit and meet the requirements of specialized management of a number of sectors and fields in the locality, clearly defining the responsibility for coordination in implementation, overcoming overlaps, interference, unclear assignment or vacancy of functions and tasks, and unclear which agency is responsible for implementation.
The above problems are mainly due to the following reasons:
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Firstly, administrative reform at the local level is slow. When restructuring the organization of the agencies under the provincial People's Committee, many sensitive and complicated issues arise. The implementation of the Party's policy and the State's law on organizing agencies in the direction of multi-sectoral and multi-field management, reducing the number of focal points of these agencies inevitably affects the issue of organization and staff. The work of arranging and using cadres and civil servants (especially for management cadres) is not good, the requirements for determining the payroll and determining the titles of civil servants are not really linked to the job positions of civil servants. A number of civil servants are not steadfast in ideology, have low political will, and are slow to adapt to the requirements of administrative reform, the transition from a centralized, subsidized administration to a market economy, as well as "administrative management to rule" to "administrative management to serve", which has significantly affected the effectiveness of the organization and operation of administrative agencies under the People's Committees at all levels.
In addition, the dissemination to raise awareness of responsibility among civil servants has not been carried out promptly, especially civil servants working in agencies under the provincial People's Committee and the People's Committee at the district level have not adapted to the new conditions and situations set forth by state administrative reform and international integration. Therefore, the majority of civil servants have not clearly defined their tasks and coordination to resolve assigned tasks between civil servants and civil servants in the agency, between civil servants and civil servants of other agencies at the same level. Therefore, they have not been proactive in their work, causing stagnation, not ensuring that they resolve in accordance with the provisions of law for work and areas within their authority and responsibility.
Second, the legal basis for the innovation of the organization of the administrative agencies under the provincial People's Committee is not unified, synchronous, and unstable. There is sometimes no consistency in the content between the administrative documents of the superior agency and the implementation guidance documents of the subordinate agency. The issuance of legal documents on administrative management is still not timely, thus reducing the effectiveness and efficiency of state management of the local sector and field. Regulations on the coordination between the administrative agencies and the administrative agencies (between the superior agency and the subordinate agency and the agencies at the same level) as well as the administrative agencies with social organizations are not specific, there are overlapping issues, pushing or having to wait for the superior agency (by sector) or the People's Committee to decide before having a legal basis for implementation. The shortcomings in the legal system regulating the organization and operation of the State administrative agencies under the People's Committee have partly hindered the implementation of a compact, scientific, unified system of local state administrative agencies in implementing State administrative management for local sectors and fields, in order to exploit the potential and strengths of each locality in the country.
Third, the qualifications, capacity, skills, experience in organization and management, professional qualifications, foreign languages, and information technology of some civil servants in the administrative agencies are still weak and do not meet the requirements for standardization of civil servants in the current period. This is a major obstacle when applying science and technology to operations, management and implementation of the model of organizing multi-sectoral and multi-field management agencies, especially when we are implementing administrative procedure reform according to the one-stop mechanism.
Although we have been carrying out innovation and international integration for more than 20 years, the staff and civil servants have not had full awareness and have not made efforts to improve their professional qualifications. Some are still affected by the management mechanism of the centralized planning period or are old, so they have no motivation to strive, are afraid or have certain difficulties in absorbing the achievements of science and technology. This is one of the shortcomings that still exists in the staff and civil servants of the State in general and in the agencies under the People's Committee in particular. These limitations must be overcome quickly to meet the requirements of the market economy, in line with the general development trend of the times.
Fourth, the regulations on the tasks and powers of rural governments, urban governments, coastal provinces, sea and island provinces and centrally-run cities (including Hanoi, Ho Chi Minh City, Da Nang, Hai Phong and Can Tho) are not unified, clear and not suitable to reality. Because in reality, the management activities of the two types of urban and rural governments are being further studied, providing a theoretical basis for practical application. The current regulations on CQCM in coastal provinces, island provinces and island districts do not promote the strengths of the sea and islands in protecting security and national defense, contributing to the socio-economic development of the country.
Fifthly, the positions, functions, tasks and powers of some agencies are not clear enough in terms of content, nor have they been supplemented to suit reality and be consistent with some newly issued legal documents such as the Law on Cadres and Civil Servants, the Law on Public Employees, the Law on Inspection, the Law on Complaints, etc., so the implementation process still faces certain difficulties and obstacles.
Sixth, when merging, dissolving, or consolidating departments, there was no preparation or full assessment, there were theoretical issues about this type of agency that were not clarified, there were CQCM organizations that were established only taking into account the characteristics of the locality (territorial management) without considering the strengths of the industry or field, so it did not ensure the promotion of the strengths and potential of the industry in the locality. For example:
In some provinces such as Quang Binh, Quang Ninh, Khanh Hoa and Ho Chi Minh City, Da Nang City... the tourism department should be organized separately and should not be merged with other departments but should be organized into an independent department... In fact, in the process of merging and consolidating on the basis of transferring or dissolving departments in a mechanical manner (only focusing on reducing the number and multi-sectoral nature) when organizing the administrative agencies, some departments encountered many difficulties when receiving them, sometimes revealing obvious inadequacies in managing the newly transferred fields from one department to another, the direction and guidance of central ministries and branches for the fields of work within the scope of the industry, therefore, there arises a "direction" or "guidance" coordination relationship between local industry management agencies with each other, not ensuring the promptness, timeliness, proactiveness and flexibility of state administrative management. On the other hand, limited funding and inadequate facilities do not ensure the development of the industry and sector and are also the cause of the decline in efficiency in the organization and operation of the current provincial People's Committees.
Seventh, the design principles of the agencies under the People's Committee are not comprehensive, and have not demonstrated the principle of "one task is assigned to one agency responsible for implementation, and related tasks are clearly defined in terms of coordination responsibility", overcoming overlap, unclear assignment or omission of functions and tasks, and unclear which agency is responsible for implementation.
In summary, the cause of the limitations in the administrative agencies under the provincial People's Committee is mainly due to the fact that in the process of promulgating legal documents, the implementation organization has not paid due and sufficient attention to the basic and specific factors affecting the organizational structure of the administrative agencies. The functions, tasks and powers of the central ministries and branches are still overlapping and intersecting without clear distinction, so when stipulating tasks or guiding the administrative agencies, there is no uniformity, revealing certain difficulties and limitations. At the same time, the decentralization in some localities is not specific, unified or there is decentralization but it is overlapping, unscientific, unreasonable, the situation of lax management, inspection and assessment activities are formalistic and untimely still exist, greatly affecting the management effectiveness of the administrative agencies at the local level.
3.2.1.3. Organizational structure of specialized agencies under the People's Committee at district level
* About advantages and causes
- Regarding the number of administrative agencies . If the organization of administrative agencies from 2004 to 2008 at the district level had from 12 to 15 agencies, from 2008 to now, the number of administrative agencies under the district People's Committee has also decreased to from 10 to 12 agencies. This shows that the merger and dissolution of administrative agencies under the district People's Committee is currently having certain changes, the changes in the organization of administrative agencies are based on the general model of the organization of the local administrative apparatus as prescribed by law. At the same time, based on the actual conditions and characteristics of socio-economic development of district-level authorities or based on the specific nature of management of urban and rural authorities, authorities in island districts to determine the appropriate organization of administrative agencies, for example, in island districts, the number of administrative agencies under the district-level People's Committees shall not exceed 10 departments, while in districts, towns, cities and towns under provinces and centrally run cities, the number shall not exceed 12 departments. The establishment and merger of administrative agencies under district-level People's Committees shall be carried out on the basis of legal provisions. District-level People's Committees shall base on the actual situation of the locality to develop a project to establish administrative agencies under the provincial-level People's Committees. After reviewing the project, the provincial-level People's Committee may issue a decision to establish administrative agencies and submit it to the People's Council for approval. The establishment of new administrative agencies according to the requirements and management tasks of each locality is carried out according to the principle: Correctly and fully defining the functions and tasks of the administrative agencies at the appropriate level in accordance with the scope of management authority of the People's Committee at the same level, ensuring consistency and transparency in the management of sectors and fields of work from the Central to the grassroots level in the direction of multi-sector and multi-field management departments, streamlined, reasonable and effective organization, with an organizational model suitable for each type of district-level administrative unit and the socio-economic development conditions of each locality [20].
- Regarding organizational structure . At the district level, the administrative agencies have a simpler organizational structure, without organizations such as offices, professional organizations, inspectors... Therefore, the organizational structure of the administrative agencies under the district People's Committee only has the head, deputy heads and professional civil servants, deputy heads with the number of
no more than 03 people. The agencies under the People's Committee at the district level are organized and operate under the head regime. The head of the agency is responsible to the People's Committee for performing the functions, tasks and powers of his/her agency and the tasks assigned or authorized by the People's Committee and the Chairman of the People's Committee at the district level according to the provisions of law and reports to the People's Committee, the Chairman of the People's Committee at the district level and the department managing the industry and field on the organization and operation of his/her agency; reports to the People's Council and the People's Committee at the same level when requested; coordinates with the head of the agency and socio-political organizations at the same level to resolve issues related to his/her functions, tasks and powers.
The appointment, dismissal, resignation, and disciplinary action against department heads and deputy department heads are increasingly regulated more fully and appropriately. These regulations aim to select and employ people who meet all the conditions and standards in terms of qualifications, professional skills, moral qualities, etc. in leadership positions so that the agencies can operate more effectively. The Chairman of the District People's Committee appoints the positions of Head and Deputy Head of Departments of the agencies under the People's Committee at his/her level. When these positions, for some reason, cannot continue to work or commit a violation of the law, the Chairman of the District People's Committee shall, based on the specific case, dismiss or resign, or, depending on the level of the violation of the law, apply one of the disciplinary measures prescribed by the Law on Cadres and Civil Servants as well as other relevant legal documents. At the same time, the law also stipulates that based on capacity, aspirations, work needs, tasks, etc., the Chairman of the District People's Committee can transfer and rotate jobs for these positions, and apply forms of rewards when the head and deputy head of the Department of Public Security have achievements or excellently complete assigned tasks.
- Regarding civil servant recruitment : During the development stages of the country, especially the period when we started to implement the renovation process, the issue of organization and staffing of the agencies under the People's Committee at the district level has always been of concern, with changes towards streamlining and being more compact. By Decree No. 116/2003/ND-CP of the Government, civil servant recruitment is conducted through examination or selection. However, according to the provisions of law, the agencies at the provincial and district levels do not have the authority to recruit civil servants but only propose opinions.
The State management of cadres and civil servants will consult with the People's Committee of the same level so that the Provincial People's Committee can decide. In fact, the recruitment of cadres and civil servants in the agencies is directly affected by the strategies, planning, and socio-economic development plans of the districts to accurately determine the essential role for the position of each cadre and civil servant in the state apparatus in general and the agencies under the People's Committee of the district level in particular.
Thus, the organization of administrative agencies under the district-level People's Committee has been specifically regulated by law, based on the scope of functions, tasks, and state management powers of the People's Committee at the same level. Therefore, the organization of administrative agencies is not only established uniformly, but they are also organized to suit each type of district-level administrative unit. This regulation demonstrates the innovation and gradual improvement of the organization of administrative agencies under the district-level People's Committee to suit the actual conditions of each type of district-level administrative unit (in urban, rural and island districts) as well as the conditions of socio-economic development, the requirements and tasks arising in state management at the district-level government. If in the past, the law only mentioned the specific characteristics of each locality, based on this specificity as a basis for establishing specialized organizations such as economic departments, religious departments, ethnic departments, causing the number of administrative agencies under the People's Committee to increase, not ensuring the direction of multi-sectoral and multi-field management departments to be smooth, unified and meet the requirements of administrative reform, now, that situation has been basically overcome.
Along with the process of innovation and reform of state administration, the local state administrative apparatus, including the organization of the administrative agencies under the People's Committees at the district level, is being further consolidated and improved in the direction of streamlining the quantity, with a compact and scientific organizational structure, clearly defining the management nature of urban and rural governments, ensuring both unity and the specificity of each locality, especially in the condition that our state administrative apparatus is organized by sector, function combined with local management. According to this principle, each sector can best exploit the potentials and strengths in each locality, creating conditions for the unified and effective development of the sector nationwide.
The advantages in organizational structure of the above-mentioned agencies under the People's Committee at district level are due to the following reasons:
Firstly, along with the innovation of the administrative agencies under the provincial People's Committee, the district-level administrative agencies continue to be innovated with the organization method following the model of administrative boundary division at the local level, in which the administrative agencies are innovated in organization according to the nature, scope of content, tasks, and powers of rural and urban governments. In addition, the organization is also based on the specific characteristics of each locality;
Second, in the law-making activities on the organization of administrative agencies under the People's Committee at the district level, although the activities of amending and supplementing legal documents are still slow, the regulations in the legal document system have more specific and unified provisions, creating a legal basis for the organization of administrative agencies at this intermediate level to operate closely to the practical situation, achieving certain effectiveness;
Third, clearly defining the tasks, powers and responsibilities of each position and title of cadres and civil servants within the State management agency, the coordination between civil servants in the process of solving work and standardizing professional qualifications with those titles has contributed to improving the quality of cadres and civil servants in performing their public duties;
Fourthly, in line with the comprehensive reform process of the administrative apparatus, the pilot implementation of not organizing People's Councils at the district, ward and commune levels in the past has had a positive impact on the organization and operation of the administrative agencies under the district-level People's Committees. The results of the pilot organization process have deepened the theoretical and practical basis of the organization of the intermediate-level administrative apparatus at the local level in general and continued to innovate the organization of administrative agencies within the scope of management authority of the same-level administrative agencies at the local level in the current conditions and the following years in our country;
Fifth, along with the development of socio-economy, facilities, equipment, and operating costs have been properly invested, along with the application of achievements in science and technology, which have changed the organization, methods, forms, and contents of activities of the State administrative agencies, contributing to improving the effectiveness and efficiency of management of sectors and fields in localities.