CC BY
14
Section 7. Theory and philosophy of politics, history and methodology of political science
https://doi.org/10.29013/EJLPS-20-3-40-47
Thai Ngoc Chau, Mres,
Vu Thi Phuong Le, Master, Vinh University, Viet Nam E-mail: [email protected]
STRENGTHENING THE SUPERVISION OF THE NATIONAL ASSEMBLY IN IMPLEMENTATION OF POLICIES AND LAWS ON REFORMING THE STATE ADMINISTRATIVE SYSTEM IN VIETNAM
Abstract. Reform of the state administrative system is one of the main contents of the administrative reform, an issue of urgent theoretical and practical in Vietnam today. In order to effectively implement policies and laws on reforming the state administrative system in Vietnam, one of the important solutions is to strengthen the supervision of National Assembly deputies on this issue. This article mentions the supervising function of the National Assembly deputies of Vietnam on the implementation of policies and laws on reforming the state administrative system and solutions to strengthen the supervision of National Assembly deputies on that process in Vietnam today.
Keywords: administrative reform, policy, National Assembly, supervision, law, administrative organization.
Introduction The activities of the National Assembly of Viet-
Reforming the state administrative system to be nam for many years shows that the supervision of the lean and effective operation is a consistent policy of National Assembly in general and the supervision the Communist Party ofVietnam. The Government, of elected deputies in particular plays an important ministries, committees and local authorities have role, because it is directly related to the state admin-made great efforts and determination to implement istrative system, to all aspects of people's life. The the policy of reforming the state administrative effective implementation of the supervisory func-system, but it can be seen that there are still many tion contributes to improving the performance of shortcomings because the system is still "bulging" agencies in the state organization from the Central out and the personnel continue to increase. To limit to local levels. Supervising is the basis for testing and prevent such situation, one of the measures is the correctness of decisions in reality, a measure of to strengthen the supervision of the National As- promptly detecting violations of all subjects in legal sembly deputies. compliance activities. On the contrary, local major
policy are the basis for the supervising activity to be respected, directing the supervision activity to focus on urgent local issues.
Content
1. About the supervisory functions of the National Assembly and of its deputies
In the state organization of the Socialist Republic of Vietnam, the National Assembly is identified as the highest representative of the people and at the same time the highest of state power. In addition to its constitutional, legislative and decision-making authority on important issues of the country, the National Assembly ofVietnam also has supreme supervising authority over all state activities.
The supervisory function of the National Assembly plays an important role in political life and in asserting the National Assembly's position and role. Supervision is to examine, inspect and make judgments about a certain thing is right or wrong according to regulation. Supervising is a purposeful activity, always associated with certain subjects and is conducted according to regulations. Vietnamese law stipulates that supervision is considered and evaluated by the National Assembly, Standing Committee of the National Assembly, Ethnic Council, Committee of the National Assembly, National Assembly delegation and National Assembly deputies examine, evaluate the activity of agencies, organizations and individuals to be supervised in the implementation of the Constitution, laws and resolutions of the National Assembly, ordinances and resolutions of Standing Committee of the National Assembly.
Deputies of the National Assembly are among the subjects who are given the supervising authority in the agencies system ofthe National Assembly. This is also the only individual subject type and most different from other types of subjects because the supervision of other types of subjects can only be conducted on the basis of individual supervision of National Assembly deputies. In the supervision oflaw enforcement in the local, National Assembly deputies have the right to request the supervising subject to report in writ-
ing, to provide information and documents related to the supervision contents; explain issues of concern to National Assembly deputies; examining and solving problems related to law enforcement or related to the local socio-economic life.
2. Achieved result
Implementing the Supervisory Program of the National Assembly of Vietnam in 2017, on July 28, 2016, the National Assembly issued Resolution No. 20/2016/QH14 on the establishment of supervision team of "The implementation of policies and laws on reforming of state administrative system in the period of 2011-2016". The supervision of reforming state administrative system was conducted for the period 2011-2016, focusing on the organizational structure of state administrative agencies nationwide, including Government, Ministries, Ministerial-level agencies, Governmental agencies and People's Committees at all levels. Accordingly, National Assembly deputies is the highest deputies of the people, representing the will and aspirations of the People in the highest state authority so the responsibility to supervise the Resolution of the National Assembly is natural. National Assembly deputies also plan specific and detailed supervising activities to effectively implement the National Assembly's supervisory program. After the supervising period, according to the Program of the 4th session, the National Assembly spent the whole day 30/10/2017 discussing at the Hall on the results of supervising the implementation of policies and laws on reforming state administrative system period 2011-2016; There were 50 National Assembly deputies giving opinions and arguments at the Hall and 270 National Assembly deputies sent back their comments. The opinions of the deputies were enthusiastic and intellectual, reflecting the voters' thoughts and aspirations and expressed high responsibility for the administrative reform in general and the reform of the state administrative system in particular has been conducting continuously for many years. National Assembly deputies focused on examining and evalu-
ating the achieved results, limitations, shortcomings, difficulties and obstacles in the institutionalization of the Party's undertakings and policies and the actual arranging and renewing the organization of the state administrative system; identifying the causes and responsibilities of agencies, organizations and individuals in the reform of the state administrative system in the period 2011-2016; from there, the directions, tasks and solutions in the coming time will be determined in all three areas, namely the institu-tionalization of the Party's undertakings and policies, the implementation of the arrangement and renovation of the state administrative system, management and downsizing. The opinions of deputies also analyzed and added more information, contributing to clearer assessments, comments and proposing more specific recommendations and solutions to continue improving the quality and efficiency of the state administrative system in the coming time.
National Assembly deputies have efficiency in supervising and urging ministries, agencies and localities to perform the tasks, conclusions and directions assigned by the Government and the Prime Minister, ensuring correctness progress and quality. With the drastic direction from members of the National Assembly, the implementation of policies and laws on reforming ofVietnam's state administrative system has achieved important goals, making an important contribution to achieve general socio-economic development and international integration of the country.
Together with other supervisory subjects of the National Assembly, in recent years, the supervision activities of National Assembly deputies have achieved a number of results in the implementation of policies and laws on reforming the state administrative system follows:
Firstly, clearly defining the functions, tasks and powers of agencies in the state administrative system.
The functions, tasks and powers of the agencies in the state administrative system have been reviewed and redefined, thereby more clearly defining the authority of each agency, step by step overcoming the
overlapping issues, interference or blank. The organizational structure of the Government continued to be kept stable, with no addition of ministries, ministerial-level agencies, and government-attached agencies. The People's Committees at all levels and specialized agencies at the provincial and district levels are arranged, consolidated and basically in accordance with the Central regulations, initially taking into account the characteristics of the administrative units in rural, urban and islands. The system of public nonbusiness units under ministries, branches and localities has been gradually arranged, renewed and initially implemented the autonomy mechanism in a number of fields. By June 2017, the Prime Minister approved 3/11 public non-business unit network plans in sectors and fields and 4/11 lists of public non-business services using the state budget in management fields. On the basis of the planning and list approved by the Prime Minister, the ministries, branches and localities have reviewed and developed the proposal for the establishment, reorganization and dissolution of public non-business units. In order to improve operational efficiency, thereby, the number of public non-business units under the provincial People's Committees and specialized agencies also tends to decrease.
Secondly, working methods in agencies under the state administrative system have been gradually improved and reformed towards more transparency and efficiency, positively contributing to the downsizing and consolidating process of the system.
Recently, many agencies under the state administrative system have implemented the "one-stop", "inter-agency one-stop" mechanism in handling administrative procedures; pilot establishment of public administrative centers or receiving center in a number of provinces; publicizing and posting information related to investment opportunities, preferential policies to attract investment, issues that people and society are interested in on the websites of agencies and units ... State administrative agencies' efforts to reform working methods have increased the publicity, transparency and efficiency
of their operations; reduce troubles, costs, time and improve the relationship between administrative agencies with the people and enterprises. The simplification of administrative procedures, the application of information technology in job processing have positively contributed to improving labor productivity, reducing the number of people needed to solve problems, and downsizing the internal system of each agency or organization.
Thirdly, on the implementation of management and reduction in personnel.
The personnel in agencies, organizations and units is managed more closely and tends to decrease. The quality of officers has been gradually increased; the structure is more reasonable; the management of commune officers and part-time workers at commune level, in villages and residential groups is concerned with direction and innovation; the management of personnel and the number of people working in public non-business units continue to be renewed.
However, the supervision of National Assembly deputies on implementation of policies and laws on reforming the state administrative system in localities is also one of the supervision activities that are rarely done as an independent supervising subject. This activity also faced many difficulties and limitations, namely:
Firstly, National Assembly deputies have not actively developed and implemented the law enforcement supervising program in the locality. Survey of 63 reports summarizing the XIII National Assembly term of 63 National Assembly delegations of provinces and cities that all have common views on limitations in monitoring law enforcement in the locality as follows: the supervising of law enforcement in local are usually organized in the form of a thematic supervision team of the National Assembly delegation; National Assembly deputies developing and implementing their own supervision program in accordance with the Law on Supervisory Activities has not yet been implemented. Many concurrently National Assembly deputies have not been able to
arrange time to participate in the supervision delegations of the National Assembly delegation. Some National Assembly delegations also assessed: local supervision activities still depend heavily on the general supervising program of the National Assembly, the National Assembly Standing Committee, supervision content is short, not to keep up with actual requirements set out; the coordination between the National Assembly delegation and the Standing Committee of the People's Council is limited. This is also the general situation in supervising activities of local National Assembly deputies.
Secondly, the supervision of National Assembly deputies on the implementation of laws on reforming the state administrative system at localities overlap with the scope of supervision, supervising content, and form of supervision with the National Assembly delegation, People's Councils and representatives of People's Councils at all levels. The law has not "zoned" the scope of supervision of local National Assembly deputies compared with the above supervising subjects, leading to overlapping regulations and lack of feasibility, no agency take responsibility when a problem occurs.
Thirdly, the new law regulates the competence but has not yet provide the measures to help National Assembly deputies execute their powers more effectively and conveniently. The Law on Supervisory Activities of the National Assembly and People's Councils stipulates that when detecting a law violation, causing damage to the interests of the State, the legitimate rights and interests of social organizations, economic organizations, people's armed forces units or citizens, deputies of the National Assembly have the right to request individuals, agencies, organizations or units to take necessary measures to promptly put an end to such acts. However, this provision is not highly feasible because, although it is defined that the supervising subject is responsible for implementing the supervision proposal, there is a lack of regulations on whether relevant individuals, agencies, organizations or units do not implementing the
recommendations of delegates, so the execution of individuals, agencies, organizations and units concerned is often not serious or depends on the position in the state system that the National Assembly deputies hold.
Thus, the reality shows that, in the supervision of National Assembly deputies on law enforcement in localities, the provisions of the law are still unfeasible, the scope of supervision overlaps with other subjects, National Assembly deputies have not actively executed their authority in this area. Therefore, it is possible to question the appropriateness, convenience and ease of using supervision of law enforcement in the locality of National Assembly deputies.
3. Some solutions to enhance supervision activities of National Assembly deputies in the implementation of policies and laws on reforming Vietnam's state administrative system
Firstly, the National Assembly's approval of the Resolution No. 56/2017/QH14 dated November 24, 2017 on continuing to reform the state administrative system to be downsized and effective at the present time is very timely and practical, demonstrating the determination of the National Assembly, the Government and agencies in urgently bringing the Resolution of the Party to life. Therefore, it is necessary to implement scientifically and ensure consistency between the Resolution of the National Assembly with Resolution No. 18-NQ/TW and Resolution No. 19-NQ/TW dated October 25, 2017 of the 6th Conference of the Party Central Committee Session XII. In order to concretize the 2013 Constitution, the XIII National Assembly enacted the Law on supervision activities of the National Assembly and People's Council dated November 20, 2015 at the 10th session and took effect from July 1, 2016, is continuous inheritance. Accordingly, the 14th National Assembly and members of the National Assembly have further enhanced the quality of supervision activities, it is necessary to carefully study the provisions of the law, to build an effective supervising program for the implementation of cur-
rent policies and laws on reforming state administrative system.
Secondly, supplement and complete legal institutions on the supervisory powers of National Assembly deputies in the implementation of policies and laws on reforming the state administrative system such as: Increase the questioning activities at the Standing Committee of National Assembly to ensure continuity; Increase the explanation activities at the Ethnic Council and Committees of the National Assembly to clarify the in-depth contents, outstanding issues that are of public concern, especially the implementation of policies and laws on reforming the state administrative system. Specifying and setting up sanctions and responsibilities of entities having the supervising authority to settle complaints and denunciations; stipulating a mechanism forcing subjects that have supervising competent to completely settle complicated and prolonged complaints and denunciations of citizens. It is necessary to add provisions on legal consequences if concerned individuals, agencies, organizations and units fail to comply with the recommendations of delegates in local law enforcement supervising activities to ensure effectiveness and feasibility of this authority.
Thirdly, ensuring human resources in the process of developing and deploying the supervision of National Assembly deputies in the implementation of policies and laws on reforming the state administrative system, in which attend to the followings:
- Continue to increase specialized National Assembly deputies to act as the core in law improvement, supervision and other activities. Regard the importance of quality of deputies to improve the quality and efficiency of the National Assembly's operations, reduce the number of deputies working in agencies in the state administrative system and increase the proportion of National Assembly deputies who are scientists, deputies with qualifications in the National Assembly, conscientious in supervising the implementation of policies and laws on reforming the state administrative system.
- Consolidate the agencies system of the National Assembly; strengthen the Standing Division of the Ethnic Council and Committees of the National Assembly to ensure enhancing the effectiveness and efficiency in supervising the implementation of policies and laws on reforming the state administrative system. Continue to develop sub-committees in the Committees of the National Assembly that are strong enough and operate more effectively in supervising the implementation of policies and laws on reforming the state administrative system. Have mechanism to strengthen the role of the Ethnic Council and the Committees of the National Assembly in examining law projects, the budget and supervising activities in the fields under its jurisdiction.
- Consolidate advisory and assisting agencies in the direction of increasing professionalism, stability, avoiding overlaps, strengthening research services, providing information, supporting National Assembly deputies to submit legislative initiatives ... Building a team of advisors and assistants corresponding with the nature and requirements of the actual work; have a specific mechanism to mobilize a contingent of collaborators, scientists and experts to contribute to the activities of the National Assembly. Strengthening the work of ensuring material foundations and working conditions of the National Assembly, agencies of the National Assembly and National Assembly deputies. Continue to renew the information work, propagate work about activities of the National Assembly, agencies and deputies of the National Assembly to voters and the people in supervising the implementation of policies and laws on reforming the state administrative system.
- Renovate the way of operation to ensure that the National Assembly is closer to the people. Applying technology to building an e-National Assembly with the aim of enhancing efficiency and transparency in the activities of the National Assembly, and people can easily access information about the National Assembly. Continue to innovate and improve the effectiveness of contact between the National Assembly
deputies and voters in the direction of organizing for each deputy to meet with voters and report to voters on the performance of their duties; increase the contact with voters base on topics, fields and subjects. Effectively organize the gathering of voters' comments on law projects and other projects at the meetings; use technology to expand the form of receiving opinions and recommendations from voters and the people about activities of the National Assembly.
Fourth, continuing to improve policies and laws on reforming the state administrative system synchronously, fully, promptly with quality. Do not incorporate regulations on organizational structure and personnel into legal documents and ordinances that are not in the field of state organizational system, except in special cases where it is necessary to have an appraisal process, evaluate the impact for the National Assembly to consider and decide. Promulgating specific regulations on: order, procedures and form of supervision of documents of the National Assembly, the Standing Committee of the National Assembly, the Ethnic Council, and Committees of the National Assembly, in order to strengthen supervising of legal documents; assign an agency to act as the focal point to submit general reports to the National Assembly on the supervision of legal documents.
- The process of supervising the legal documents of deputies should be clearly defined, both in the case of being conducted as independent supervising and when supervising by various ways.
- It is necessary to clearly define the scope of supervision of documents of individual National Assembly deputies to avoid overlapping with other subjects and in accordance with the operational conditions of deputies. It is more important that in order to make this authority more feasible, it is necessary to make the supervision of legal documents of National Assembly deputies as a step in the process, integrated with other supervision activities such as supervising law enforcement or supervising the settling of complaints and denunciations of citizens. It is necessary to have a uniform regulation between the
competence to supervise legal documents of deputies of the National Assembly and the responsibility of documenting agencies.
- It is necessary to add provisions on the case when National Assembly deputies supervise the resolutions of People's Councils of provinces, if detecting any violations, which agencies are recommended to handle them. At the same time, stipulating more uniformly on this issue among different legal documents to ensure the constitutionality, legality and consistency of the legal documents system.
Fifth, urgently promulgate a decree on the criteria of establishing and unifying the organizational model of departments under the ministries and departments of specialized agencies in provinces based on their positions, functions, tasks, and working relationship, job position and number of people, the minimum required focal point for a unit; approved criteria for determining the total personnel of ministries and localities on the basis of classifying agencies, administrative units and assigning ministries, localities to actively implement the total personnel have been approved; The Government, ministries, ministerial-level agencies and provincial-level People's Committees, within the ambit of their respective tasks and powers, urgently review for timely amendment, supplementation or promulgation according to their competence or submit to the Competent authorities to decide in order to overcome the limitations, problems and overlaps in delimitating of functions, tasks, powers, organizational structure and personnel.
Continue to review the functions and tasks of agencies in the state administrative system, in which, review and improve the functions, tasks, powers and working relationships of the Government and the Prime Minister with ministries and administrative departments; clearly delineate functions, tasks and powers in state management between the Government and departments, fields and between agencies at the same level, ensuring the more effective implementation of the principle that one agency can do
many works but one work is assigned to only one agency or organization to execute and take responsibility for the work; clarify the issue of decentralization in state management in all fields; associated with the establishment of an effective power control mechanism and strict inspection and supervision. Delegate proactive power to subordinates, at the same time strengthen inspection, supervision and build a power control mechanism; clearly define the authority and responsibility of groups and individuals, especially the leader; implementing the roadmap for reorganization and minimizing the State's direct participation in economic activities through state-owned enterprises.
Organize and arrange agencies in the state administrative system compactly, reduce intermediate levels, assign clear functions, tasks, powers and responsibilities: For the Government, for the internal organization of ministries, ministerial-level agencies, for government-attached agencies, clarify the functions, tasks, nature and operational requirements suitable for the job in order to determine the appropriate organizational model, not apply the organizational model of ministries for local authorities, for interdisciplinary organizations and for public nonbusiness units;
At the same time, downsizing personnel associated with restructuring and improving the quality of the officers and employees; continue to reform administrative procedures, computerize state administrative management, implement e-Government, reform working methods, reduce meetings, reduce administrative documents, satisfying the conditions to ensure the reform of the state administrative system; regularly inspecting, examining and supervising the implementation of policies and laws reforming the state administrative system. Getting the results of the restructuring of the system and personnel downsizing is one of the important criteria to evaluate the credibility of leaders of agencies and key positions led by the National Assembly and People's Council elected or approved by the people.
Conclusion
Reforming the state administrative system to be lean and effective operation is a consistent policy of the Communist Party of Vietnam. Over 34 years of implementation of the renovation policy (19862020), the National Assembly and National Assembly deputies have made many reform steps in terms of organization, supervising functions and operation in many fields, including the supervision of imple-
mentating policies and laws on the reforming the Vietnam's state administrative system. However, in the coming time, in order to further strengthen the supervision of Vietnam's National Assembly deputies in the implementation of policies and laws on reforming the Vietnam's state administrative system, it is necessary to apply many synchronous solutions, the unanimity of the entire political system and of the people.
References:
1. Vietnam Communist Party. Document of the XII Communist Party Congress (2016). Hanoi Political Publishing Company.
2. Resolution No. 18-NQ7 TW and Resolution No. 19-NQ7 TW dated October 25, 2017 of the 6th Conference of the Central Committee of the Communist Party of Vietnam, term XII.
3. Resolution No. 39-NQ/ TW dated 17/4/2015 of the Politburo on downsizing personnel and restructuring the contingent of officers and employees.
4. Resolution No. 20/2016 / QH14 on the establishment of the Supervisory Team on "The implementation of policies and laws on the reform of the state administrative system in the period 2011-2016".
5. Report No. 08 / BC-BGS dated October 12, 2017 of the Supervisory Delegation on the results of supervising the implementation of policies and laws on reforming the state administrative system in the period 2011-2016.
6. Resolution No. 56/2017 / QH14 on the continuation of reforming the state administrative system, to operate effectively, dated November 24, 2017, at the fourth session, the National Assembly Vietnam, term XIV.
