Work such as: providing professional guidance on citizen reception and complaint settlement for inspectors at all levels, ministries, branches, and grassroots officials; providing guidance on the development and implementation of programs and plans for complaint settlement by inspectors at all levels.
In addition to the achieved results, there are still many shortcomings in the dissemination of law that administrative inspection agencies at all levels need to overcome. The dissemination of law is not carried out regularly, continuously, and in-depth, and is often formalistic, so the effectiveness is low. The number of people receiving guidance from administrative inspection agencies at all levels is not much, especially in remote areas and ethnic minority areas. Funding and conditions to ensure this work are still limited. Therefore, there are still many cases where people do not understand the legal policies of the State, so they make widespread, prolonged complaints, go beyond the authority of the right level, and do not implement decisions to resolve complaints in accordance with the law. Even the capacity and awareness of the officers doing the inspection work still have many shortcomings, not meeting the requirements of the job. Therefore, in the state management of complaint settlement by the Inspectorate, it is necessary to do a good job of training and fostering civil servants.
Second: Training and fostering of inspection staff
To effectively perform the inspection role in handling complaints, administrative inspection agencies at all levels must build a team of cadres to perform the work of receiving people and handling complaints that meet the requirements of politics, ethics, lifestyle, have capacity, qualifications, and understand practical activities. As President Ho Chi Minh said in his lifetime, "Inspectors are like mirrors for people to look at their faces, a blurry mirror cannot reflect [26] .
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Organizing Accounting Inspection Work in Administrative and Career Units. -
Promoting the Role of Management Entities in Inspection, Competition and Rewards -
Regularly Improve Administrative Procedures Combined With Reviewing And Issuing State Legal Documents In The Field Of Inspection -
Qualifications and Capabilities of the Inspection and Supervision Staff -
Improving the Quality of Administrative Procedures and Strengthening the Direction and Management of the Heads of State Administrative Agencies at the Ministry Level
In recent times, administrative inspection agencies at all levels have developed training programs for inspection staff and created incentive mechanisms.
Encourage inspectors to study and research on their own. Training and development have achieved certain results, contributing to improving the basic knowledge required for inspectors. Methods, content, and teaching programs for inspectors are always improved, and the capacity of the teaching staff is gradually raised to meet practical requirements.
However, the training and development of inspectors still has certain limitations that need to be overcome. The training and development still lacks basic content and methods, and there is no overall strategic plan for the training and development of inspectors with sufficient scientific arguments. This leads to the fact that the training and development work is not systematic, not regular and not conducted in a methodical manner. The form of training and development is not formal, the program content is simple, not suitable for each type of cadre and civil servant being trained and developed. The teaching staff still has some shortcomings, there is a lack of teachers; the school's facilities and working conditions are still limited. The incentive mechanism to encourage cadres who actively go to school and those with high degrees is still limited...
Third: Carry out the task of inspecting and examining the implementation of legal regulations on complaints.
The work of inspecting and examining the implementation of the law on complaints is a key content, deciding the effectiveness of state management in handling complaints. Through inspection and examination, administrative inspection agencies at all levels grasp the implementation of legal regulations on complaints and handling complaints, thereby promptly detecting loopholes and weaknesses to propose positive and effective solutions. At the same time, through this work, it contributes to raising the sense of responsibility of all levels and sectors in complying with legal regulations on organizing public reception, receiving and handling citizens' complaints.
In agencies and units that have shortcomings and problems in the process of handling complaints in the implementation of legal policies, the administrative inspection agency provides guidance and direction, and at the same time draws lessons to support agencies and units in promptly overcoming them.
Based on the direction of the Politburo, the Central Party Secretariat, the National Assembly Standing Committee and the Government, every year, the Government Inspectorate has based on the Government's work program, the situation of citizens' complaints nationwide and urgent issues of public concern to develop the inspection program of the whole sector, direct the Inspectorate at all levels and sectors to develop and submit to the heads of the same level for approval. The inspection and complaint settlement program has closely followed the direction of the Central Party and the Government, focusing on directing to resolve outstanding issues arising in state management and socio-economic management.
In 2003, the inspection sector conducted 1,295 inspections and checks on compliance with the Law on Complaints and Denunciations at 3,177 agencies and units. In 2004, 1,160 inspections were conducted at 2,748 units (of which the Government Inspectorate directly inspected Hanoi, Ha Tay, Thanh Hoa, Thai Binh, Vinh Long). The provinces of Ben Tre, Bac Lieu, Thai Binh, Bac Giang, Ha Nam, Ho Chi Minh City... also regularly inspected subordinate units and localities [17, p. 41] , contributing significantly to improving the effectiveness of complaint settlement. In the 3 years from 2002 to 2004, there were 4,666 petitions sent to the Prime Minister and the Government Inspectorate to complain about the final settlement decisions of ministries, branches, and localities (Ho Chi Minh City had 632 petitions, Dong Thap had 331 petitions, Dong Nai had 224 petitions, Bac Giang had 347 petitions, Long An had 250 petitions, An Giang had 195 petitions...). Of these, the Prime Minister assigned the Government Inspectorate to re-examine 64 cases, of which 34 decisions had to be corrected (accounting for 53%). Through inspection work, checking responsibility
Complaints resolution has recommended and directed all levels and sectors to strictly handle irresponsible officials and civil servants who violate public service regulations, recover money and assets for the state, and restore the legitimate rights and interests of citizens and organizations that have been violated.
In 2005, implementing Directive 36/2004CT-TTg dated October 27, 2004, Resolution No. 02/2005/NQ-CP dated February 3, 2005 and the direction of the Prime Minister and other state agencies, the Government focused on reviewing long-standing cases and conducting 842 inspections and examinations of responsibilities at 2,196 agencies and units. Of which, 18 cases that had lasted for many years were reviewed and resolved. The Government Inspectorate conducted inspections of the implementation of the law on complaints in 04 provinces: An Giang, Vinh Long, Tien Giang, Binh Thuan. Through reviewing 103/294 complaints with final decisions, it was found that 47 decisions had to change part of the content: re-examining 21/154 complaints concluded by the People's Committee of An Giang province, 12 final decisions had to be reconsidered (accounting for 57.1%); in Vinh Long, inspecting 47/55 cases, 18 final decisions had to be revised (accounting for 38.3%); in Binh Thuan, 16/51 cases were inspected, 8/16 decisions had to change part of the content (accounting for 50%); in Tien Giang, in 19/34 cases re-inspected, 9 decisions had errors, accounting for 47.3% [28, p. 10] .
In 2006, under the direction of the Prime Minister, the Government Inspectorate established 13 inspection teams to conduct inspections and reviews of complaint settlement in 16 provinces and cities with many complicated, crowded, and over-level complaints to the central level. The inspection teams reviewed 526 cases, of which 260 local cases were resolved in accordance with legal policies, the complainants could not provide new details, the parties voluntarily withdrew their complaints, and the cases were under the jurisdiction of the judicial agency. 266 cases were verified for settlement by the Committee.
The People's Committees of provinces and centrally-run cities agreed with the resolution of 125 cases (47%); proposed to amend and supplement the resolution decisions for 55 cases, in which the levels and sectors had resolved but had not fully ensured the rights and legitimate interests of the complainants (20.7%); proposed to cancel 26 resolution decisions that did not ensure the legal basis (10%); recommended that the People's Committees of provinces and cities consider resolving according to their authority, and continue to resolve 60 cases (22.3%). [19]
In the first quarter of 2007, the Government Inspectorate conducted an inspection of the responsibility for handling complaints in Vinh Phuc, Bac Ninh, and Tien Giang; completed the inspection and verification of 28 cases transferred by the Prime Minister's Working Group 35; coordinated with the Ministry of Natural Resources and Environment to clarify some complaints of some citizens in Ha Dong and Ha Tay. The leaders of the Government Inspectorate directly inspected and directed the handling of some complicated cases under the direction of the Prime Minister in Ho Chi Minh City, Ba Ria - Vung Tau, and Ca Mau; coordinated with the People's Committee of Can Tho province to unanimously resolve 16 cases previously resolved by the interdisciplinary delegation. [31]
From the above actual situation, it can be seen that the implementation of inspection and examination tasks by administrative inspection agencies at all levels has made many efforts and achieved positive results, carrying out a very large volume of inspections according to assigned plans and surprise inspections at the request of leaders. Many inspections have been conducted synchronously, focused, thoroughly, with clear conclusions; the inspection results have pointed out weaknesses in the enforcement of the law on complaints by state agencies at all levels.
However, the inspection and examination of the responsibilities of leaders at all levels and sectors in implementing the law on complaints in many places have not received due attention; the quality of inspection work still has certain limitations. There are still some inspections that last a long time, and the inspection conclusions have not been
The violation was clearly identified, the cause of the violation was not clearly analyzed, or recommendations were not convincing. The post-inspection handling was not strict and thorough. Many cases were reported to the heads of administrative agencies at the same level for agreement and specific handling instructions, but the inspected subjects did not strictly comply.
Fourth: Carry out the task of drafting legal documents on complaints.
complaint
Develop legal documents to promptly and effectively resolve issues.
Citizen complaints are the most important content. To manage well the work of handling complaints, we must first build and continuously improve the system of legal documents on complaints and handling complaints.
In performing those functions and tasks, administrative inspection agencies at all levels, especially the Government Inspectorate, have advised competent state agencies to draft such laws as the 1998 Law on Complaints and Denunciations, the 2004 and 2005 Law on Amendments and Supplements to the 2004 and 2005 Law on Inspection, and guiding Government Decrees such as Decree No. 89 dated August 7, 1997 of the Government promulgating regulations on the organization of citizen reception, Decree No. 136 of 2006 of the Government detailing and guiding the implementation of the 2005 Law on Amendments and Supplements to the 2005 Law on Complaints and Denunciations... In addition, the Government Inspectorate has directly issued many legal documents under its authority to guide the implementation of legal documents issued by higher-level state agencies to meet the requirements and practical situation of complaint settlement work.
At the same time, administrative inspection agencies at all levels also carry out many specific activities to systematize and review legal documents to promptly detect unreasonable, overlapping, and inappropriate documents; thereby recommending cancellation and amendment, contributing to the development of a legal system on complaints and complaint settlement, as a basis for competent state agencies to consider.
properly resolve citizens' complaints. The Government Inspectorate also conducts research on documents deciding on complaint settlement sent by ministries and local branches to detect signs of illegal settlement in order to propose amendments and re-settlement, ensuring compliance with the law.
Together with a number of relevant agencies, the Government Inspectorate has coordinated to organize the research and development of the Project on establishing an administrative jurisdiction agency in Vietnam, opening a turning point in the innovation of the mechanism for handling complaints in our country. Thanks to the urgent and active activities of the Administrative Inspectorate at all levels in drafting legal documents, the work of handling complaints has become more and more systematic and effective.
However, the work of drafting legal documents still has some shortcomings: legal documents on complaints are available but not complete, many regulations are overlapping, contradictory, and unreasonable. The system of legal documents on complaints and complaint settlement is constantly changing, causing difficulties for citizens in exercising their right to complain and confusion for state agencies in management. This is also a general limitation of the legislative level of our country.
Therefore, in the coming time, administrative inspection agencies at all levels, especially the Government Inspectorate, need to innovate the work of law-making, regularly summarize, draw experiences, and evaluate the implementation of legal documents to propose, recommend or directly issue under their authority many documents with high quality, more suitable to practical requirements.
Thursday: Summary of complaint situation and summary of complaint settlement work
The work of synthesizing the situation of complaints and summarizing the work of handling complaints is an important content in the tasks of administrative inspection agencies at all levels. Through grasping the situation and developments in localities, ministries and branches regarding the content of complaints and the results of handling complaints, we can see that
The positive aspects as well as the limitations of some policies and guidelines of the Party and the State, the state management work of the grassroots as well as assessing the compliance awareness and attitude of the people towards the authorities at all levels. On the other hand, through the practical work of synthesizing the situation and summarizing the work of handling complaints, the administrative inspection agency promptly grasps information about the outstanding and urgent issues in the work of handling complaints, thereby proposing and recommending to the Head of the management agency to have timely and satisfactory settlement policies.
Every quarter, in the regular meeting of the Government, the Government Inspectorate has reported on the situation and results of handling complaints nationwide, from which specific policies and solutions have been developed. The Prime Minister has assigned a Deputy Prime Minister to directly direct the work of handling complaints. Local inspectorates have also implemented many specific and practical activities to summarize and draw experiences from the work of handling complaints within the locality. From there, proposals have been made to leaders at all levels to innovate and improve the quality and effectiveness of handling complaints. In addition to reporting to the heads of administrative agencies at the same level, administrative inspection agencies at all levels guide agencies, units and organizations under their management to properly implement regulations on the regime of information and regular reporting. Therefore, this has contributed to helping the work of handling complaints in recent times have had certain changes.
To improve the quality and effectiveness of complaint settlement, the Prime Minister has directed the Government Inspectorate to summarize the work of receiving people, the situation of complaints and complaint settlement in state administrative agencies and coordination with state agencies and socio-political organizations. The Government Inspectorate has also regularly held conferences with leaders of the People's Committees of provinces and centrally-run cities, Chief Inspectors of ministries, branches, and Provincial Chief Inspectors to assess the implementation results nationwide and propose solutions.