RESOLUTION No. 30c/NQ-CP OF NOVEMBER 8, 2011: Promulgating the Master Program on State Administration Reform in the 2011-2020 period THE GOVERNMENT

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

At the proposal of the Minister of Home Affairs,

RESOLVES:

Article 1. To promulgate the Master Program on State Administration Reform in the 2011-2020 period (below referred to as the Program).

Article 2. Objectives of the Program

1. To build and perfect the system of institutions of the socialist-oriented market economy aiming to liberalize the production force and mobilize and effectively utilize all resources for national development.
2. To create an equal, open, favorable and transparent business environment to reduce time and costs for enterprises of all economic sectors in the compliance with administrative procedures.
3. To build a system of open, clean, strong, modern, effective and efficient state administrative agencies from central to grassroots levels, and promote democracy and the rule of law in executive activities of the Government and state administrative agencies.
4. To guarantee the exercise of democratic rights of the people in reality and protect human rights in association with the interests of the nation.
5. To build a contingent of cadres, civil servants and public employees with adequate qualities, capabilities and qualifications meeting the requirements of serving the people and national development.

In the coming decade, administrative reform will focus on institutional reform; building and raising of the quality of the contingent of cadres, civil servants and public employees, attaching importance to reforming salary policies as a true momentum for cadres, civil servants and public employees to perform public duties with high quality and effectiveness; and raising the quality of administrative and public services.

Article 3. Tasks of the Program

1. Institutional reform:

a/ To build and perfect the legal system on the basis of the revised 1992 Constitution;

b/ To renew and improve the quality of legislative work, first of all the process of formulating and promulgating laws, ordinances, decrees, decisions and circulars and legal documents of local administrations in order to ensure their constitutionality, legality, consistency, specificity and feasibility;

c/ To continue to build and perfect the system of institutions, mechanisms and policies, first of all, institutions of the socialist-oriented market economy ensuring equality in the distribution of the fruits of the renewal and socio-economic development;

d/ To perfect ownership institutions, clearly affirming the objective and permanent existence of different forms of ownership, first of all, state ownership, collective ownership and private ownership, to guarantee the rights and legitimate interests of different owners in the economy; to synchronously revise existing institutions on land ownership, clearly distinguish the rights to own and use land and guarantee the rights of land users;

e/ To continue to renew institutions on state enterprises, focusing on clearly defining the administration role of the State as the owner of state property and capital; to separate the function of the owner of state property and capital from the function of business administration of state enterprises; to perfect institutions on organization and trading in state capital;

f/ To amend and supplement laws on socialization toward clarifying the responsibility of the State for taking care of the people’s material and spiritual lives; to encourage all economic sectors to provide services in a fair and healthy competitive environment;

g/ To continue to build and perfect the system of institutions on the organization and operation of state administrative agencies; to amend, supplement and perfect legal documents on the organization and operation of the Government, People’s Councils and People’s Committees at all levels;

h/ To build and perfect laws on the relationships between the State and the people, focusing on guaranteeing and promoting the people’s mastery, collecting the people’s opinions before deciding on important guidelines and policies, and on the people’s right to oversee activities of state administrative agencies.

2. Reform of administrative procedures:

a/ To reduce, and improve the quality of, administrative procedures in all fields of state administration, especially those related to citizens and enterprises;

b/ During the 2011-2015 period, to reform administrative procedures in order to further improve the business environment, liberalize all social resources and increase national competitiveness, ensuring conditions for fast and sustainable economic development. To concentrate efforts on the following fields: investment; land; construction; house ownership; tax; customs; import and export; health; education; labor; insurance; science and technology and some other fields decided by the Prime Minister in response to the reform requirements in each period;

c/ To reform administrative procedures between state administrative agencies, sectors and levels and within each state administrative agency;

d/ To closely control the issuance of new administrative procedures in accordance with law;

e/ To make public and transparent all administrative procedures in practical and appropriate forms; to unify the methods of calculating costs borne by individuals and organizations when having administrative procedures settled at state administrative agencies; to maintain and update the national database on administrative procedures;

f/ To set the requirement of reforming administrative procedures right in the process of building institutions, summarize practical experiences and increase dialogues between the State and enterprises and people; to expand democracy and promote the role of independent consultancy organizations and consultants in the building of institutions and elaboration of national standards of administrative procedures; to radically reduce existing administrative procedures; to publicize standards and administrative procedures for the people to oversee the implementation thereof;

g/ To receive and process reports and petitions of citizens and organizations on administrative regulations in order to support the raising of the quality of administrative regulations and supervise the implementation of administrative procedures by state administrative agencies at all levels.

3. Reform of the organization of the state administrative apparatus:

a/ To comprehensively review the existing positions, functions, tasks, powers, organizational structures and payrolls of ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels, specialized agencies of provincial- and district-level People’s Committees and other agencies and organizations of the state administrative apparatus at central and local levels (including state-run non-business units); on this basis to adjust functions, tasks, powers and re-organize and re-arrange agencies and units with a view to overcoming overlap, omission or repetition in their functions, tasks and powers; to transfer jobs which state administrative agencies should not perform or are performing ineffectively to the society, social organizations and non-governmental organizations;

b/ To review and evaluate the organizational model and operational quality of local administrations so as to establish an appropriate model ensuring proper determination of their functions, tasks and powers to be practical, effective and efficient; to build appropriate models of municipal and rural administrations.

To perfect the mechanism of decentralization to ensure unified management of natural resources and minerals of the country; to plan and orient development; to increase supervision, examination and inspection; at the same time, to heighten the proactive role and sense of responsibility and raise capacity for each level and sector;

c/ To continue to renew working styles of state administrative agencies; to uniformly implement and raise the quality of implementation of the one-stop-shop and inter-agency one-stop-shop mechanisms at the sections for receipt of dossiers and return of results under the offices of district-level People’s Councils and People’s Committees; to ensure satisfaction of citizens and organizations with services provided by state administrative agencies at over 80% by 2020;

d/ To reform and widely implement the mechanism of autonomy and self-responsibility of public service non-business units; to incrementally raise the quality of public services, especially in the education and health sectors; to ensure satisfaction of citizens with services provided by public service non-business units in the education and health sectors at over 80% by 2020.

4. To build, and raise the quality of, the contingent of cadres, civil servants and public employees:

a/ By 2020, the contingent of cadres, civil servants and public employees will be quantitatively sufficient, rationally structured and professionally qualified and capable to perform public duties, serving the people and the cause of national development;

b/ To build through appropriate and effective forms of training and re-training the contingent of cadres, civil servants and public employees with good ethical qualities, firm political stuff, high professional capability and professionalism, and devotedly serving the people;

c/ To formulate, supplement and improve legal documents on titles and professional criteria for cadres, civil servants and public employees, including managers and leaders;

d/ On the basis of clearly defining the functions and tasks of each agency or unit, to build appropriate structures of cadres, civil servants and public employees associated with working positions;

e/ To perfect laws on recruitment, arrangement and task assignment suitable to qualifications, capabilities and strengths of recruited civil servants and public employees; to implement the regime of rank promotion exams according to the competition principle; to hold competitive exams to appoint persons to leading and managerial positions from department director or equivalent level (in central agencies) and provincial-level department director or equivalent level downward (in localities);

f/ To perfect laws on performance-based evaluation of cadres, civil servants and public employees; to implement the mechanism of dismissal or relief from office of persons who fail to fulfill their duties, breach discipline and lose prestige to the people; to clearly define tasks and powers of cadres, civil servants and public employees corresponding to their responsibilities, and impose stringent penalties on cadres, civil servants and public employees who violate law and breach discipline and professional ethics;

g/ To renew the contents of and programs on training and re-training cadres, civil servants and public employees; to conduct training and re-training in the following forms: instruction during apprenticeship period; training based on criteria for different ranks of civil servants and public employees; training and retraining based on criteria for leading and managerial positions; compulsory training in minimum knowledge and skills before appointment, and annual re-training;

h/ To concentrate and prioritize resources for reforming salary policies and regimes of social insurance and preferential treatment of people with meritorious services; by 2020, salaries of cadres, civil servants and public employees will be substantially reformed to ensure their and their families’ lives above the average level in the society.

To amend and supplement regulations on non-salary allowances based on professional ranks and grades and difficult, dangerous and hazardous working conditions.

To revise laws on rewarding and commendation of cadres, civil servants and public employees and grant of satisfactory monetary rewards for those with outstanding performance;

i/ To increase the responsibility, administrative discipline and professional ethics of cadres, civil servants and public employees.

5. Reform of public finance:

a/ To reasonably mobilize, distribute and effectively utilize all resources for socio-economic development; to further perfect the tax policy and system and income, salary and wage policies; to positively balance the budget; ensure reasonable proportions of savings for development investment; to reserve resources for humans, especially reforming salary and social security policies; to incrementally reduce budget deficit;

b/ To further renew finance mechanisms and policies applicable to state enterprises, especially economic groups and corporations; to strictly manage the borrowing and repayment of overseas loans; to keep government debts, national debts and public debts within safety limits;

c/ To fundamentally renew the mechanism of use of state funds and the mechanism of formulation and performance of scientific and technological tasks in the direction of regarding application objectives and benefits as primary standards; to shift science and technology non-business units to operate under the mechanism of autonomy and self-responsibility; to develop science and technology enterprises, technology renewal funds and venture investment funds; to synchronously formulate policies to train, attract, appoint to important positions and satisfactorily treat talented scientists and technologists;

d/ To renew the mechanism of allocation of the state budget to state administrative agencies, eventually abolish the mechanism of budget allocation based on payrolls and replace it with the one based on performance and quality, directed at controlling outputs and spending quality according to the objectives and tasks of these agencies;

e/ The State will increase investments along with stepping up socialization to involve the entire society in the development of education, training, health, population and family planning, physical training and sports.

To renew the operation mechanism, particularly the finance mechanism of public service non-business units; to step by step implement the policy of appropriately adjusting prices of public non-business services; to attach importance to renewing the finance mechanism of public education, training and health establishments toward autonomy, publicity and transparency. To standardize the quality of education, training and health services; to improve the quality of education, training and health establishments to reach regional and international standards. To renovate and synchronously perfect health insurance and health care policies; to implement health insurance for all according to a roadmap.

6. Modernization of the administration system:

a/ To perfect and step up the operation of the Government’s electronic administrative information network on the Internet. To step up the application of information and communication technologies in activities of state administrative agencies so that by 2020: 90% of official documents exchanged between state administrative agencies will be in electronic form; cadres, civil servants and public employees will regularly use the e-mail system in their work; electronic data will be used in almost all activities in agencies; most transactions of state administrative agencies will be conducted through the electronic network, at anytime and everywhere and based on multimedia communication applications; most public services will be provided online on the Government’s electronic administrative information network at levels 3 and 4, meeting actual needs and serving citizens and enterprises at anytime and everywhere, based on different devices;

b/ To apply information and communication technologies in the processing of work of each state administrative agency, between state administrative agencies and in transactions with organizations and citizens, particularly in public administrative services and public services of public non-business units;

c/ To display the list of public administrative services on the Government’s electronic administrative information network on the Internet. To develop and use electronic forms in transactions between state administrative agencies, organizations and citizens to meet the requirements of simplification and reform of administrative procedures;

d/ To effectively implement the quality control systems in state administrative agencies;

e/ To implement the Prime Minister’s Decision No. 1441/QD-TTg of October 6, 2008, approving the plan on investment in working offices in communes and wards to meet the requirement of administrative reform and raise the effect and effectiveness of the state apparatus;

f/ To build modern and concentrated working offices of local state administrative agencies in localities where conditions permit.

Article 4. Implementation stages of the Program

The Program implementation is divided into two stages:

1. Stage 1 (2011-2015) has the following objectives:

a/ To reorganize and rearrange central and local agencies and units to abolish overlap, omission or repetition in the functions, tasks and powers of state administrative agencies; to rationally determine the responsibilities and powers of local administrations at all levels;

b/ To fundamentally renovate the process of formulating and promulgating legal documents;

c/ To formulate and promulgate institutions on ownership, land and state enterprises to be increasingly suitable to the socialist-oriented market economy mechanism;

d/ To reform administrative procedures related to citizens and organizations toward neatness and simplicity; to annually reduce the costs borne by individuals and organizations for having administrative procedures settled at state administrative agencies;

e/ To implement the one-stop-shop and inter-agency one-stop-shop mechanisms in all local state administrative agencies by 2013; to ensure satisfaction of citizens and organizations with the service of state administrative agencies at over 60%;

f/ To incrementally improve the quality of public services, ensuring satisfaction of citizens with services provided by public non-business units in the education and health sectors at over 60% by 2015;

g/ 50% of state administrative agencies will have a structure of cadres and civil servants based on working posts; over 80% of commune-level civil servants in delta and urban areas and over 60% in mountainous and ethnic minority areas will reach criteria set for their titles;

h/ To further renew the salary regime for cadres, civil servants and public employees. To concentrate and prioritize resources for adjusting common minimum salary levels; to develop and promulgate specific salary mechanisms for each sector: For the administrative sector, salaries shall be assured by the state budget and included in state administration funds; for the armed forces, salaries shall be assured by the state budget and included in state budget funds for defense and security; for the public service sector, salaries shall be assured by non-business units’ salary funds and included in state budget funds for the sector;

i/ 60% of official documents exchanged between state administrative agencies will be in electronic form; 100% of state administrative agencies at district and higher levels will have web portals or websites with sufficient information as required; to provide all public services online at level 2 and most basic services online at level 3 to the people and enterprises;

j/ The websites and web portals of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees will be connected with the Government Web Portal, forming a complete electronic administrative information network of the Government on the Internet.

2. Stage 2 (2016-2020) has the following objectives:

a/ To perfect institutions of the socialist-oriented market economy;

b/ The system of state administrative agencies from central to grassroots levels will be smooth, clean, strong, effective and efficient;

c/ Administrative procedures will be fundamentally reformed, the satisfaction of the people and enterprises with administrative procedures will reach over 80% by 2020;

d/ By 2020, the contingent of cadres, civil servants and public employees will have a rational quantity and structure and be fully qualified and capable to perform public duties, serve the people and the cause of national development; 100% of state administrative agencies will have a structure of cadres and civil servants based on working posts;

e/ The salary regime for cadres, civil servants and public employees will be fundamentally reformed; to implement new salary scales and tables and allowances; by 2020, to achieve the objectives specified at Point h, Clause 4, Article 3 of this Resolution;

f/ The satisfaction of citizens with services provided by public non-business units in the education and health sectors will reach over 80% by 2020; the satisfaction of the people and enterprises with the service of state administrative agencies will reach over 80% by 2020;

g/ By 2020, the application of information and communication technology in activities of state administrative agencies will achieve the objective set at Point a, Clause 6, Article 3 of this Resolution.

Article 5. Solutions for the Program implementation

1. To step up direction of the reform of administrative procedures by the Government and Prime Minister and ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall uniformly direct the implementation of the Program within the scope of their respective management; regard administrative reform as the key and constant task of the whole term of office; work out specific implementation plans for each period and each sector, clearly assign responsibilities to each agency, organization, cadre, civil servant and public employee; and further examine and urge the Program implementation.

2. To continue to train and re-train cadres, civil servants and public employees in appropriate and effective forms. To clearly determine and heighten the responsibilities of leading officials. To promulgate more legal documents defining the titles of and criteria for each working position of cadres, civil servants and public employees in each agency, organization, sector, domain and locality, serving as the basis for organization and payroll streamlining. To adopt policies to properly treat and encourage cadres, civil servants and public employees to fulfill their duties and to apply mechanisms to dismiss and relieve from office those who fail to fulfill their duties, breach discipline and lose public prestige.
3. To raise the capacity and qualifications of cadres and civil servants in charge of administrative reform in ministries, ministerial-level agencies, government-attached agencies and local administrations at all levels. At the same time, to implement reasonable regimes and policies toward cadres and civil servants in charge of administrative reform at all levels.
4. To regularly examine and evaluate administrative reform so as to come up with appropriate solutions for stepping up this work.

To develop a set of indicators to monitor and evaluate administrative reform in ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels.

5. To develop in a synchronous, simultaneous and reciprocal manner applications of information and communication technology and administrative reform in order to raise awareness and responsibility of state administrative agencies, public service non-business units, cadres, civil servants and public employees in performing their public duties, organizations and individuals engaged in administrative reform activities and overseeing the performance quality of cadres, civil servants and public employees.
6. To ensure funds for the Program implementation.
7. To reform salary policies in order to create a true momentum for cadres, civil servants and public employees to perform public duties with higher quality and effectiveness.

Article 6. Implementation funds

1. Funds for the Program implementation will be allocated from the state budget according to the current state budget decentralization.
2. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall allocate funds for the performance of the tasks of the Program in annual budget estimates allocated by competent authorities.
3. To encourage lawful mobilization of funding sources outside the central budget for the Program implementation.

Article 7. Program implementation responsibilities

1. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall:

a/ Based on the Program, draw up annual plans and budget estimates for administrative reform and send them to the Ministry of Home Affairs, the Ministry of Planning and Investment and the Ministry of Finance for summarization and allocation of central budget funds and submission to competent authorities for approval in annual state budget estimates of agencies. The time of sending annual budget estimates for implementation of administrative reform plans is the time of sending annual budget estimate reports by agencies to the Ministry of Finance;

b/ Sending quarterly, biannual, annual or extraordinary reports to the Ministry of Home Affairs on the Program implementation according to the latter’s guidance for summarization and reporting to the Government and the Prime Minister;

c/ Draw up fund estimates for implementation of administrative reform projects, plans and tasks according to approved five-year and annual plans.

2. Ministries and agencies in charge of national projects listed in the Appendix to this Resolution shall coordinate with related ministries and agencies in formulate these projects and submit them to competent authorities for approval, and organize the implementation thereof according to current regulations on budget management.
3. The Ministry of Home Affairs shall:

a/ Act as the standing agency to organize the Program implementation;

b/ Reform the organization of the administrative apparatus, reform the regimes of civil servants and public duties and salary policies for cadres, civil servants and public employees; and coordinate with the Ministry of National Defense and the Ministry of Public Security in reforming salary policies for the people’s armed forces;

c/ Submit to the Prime Minister for decision solutions for intensifying the direction and examination of administrative reform work;

d/ Guide other ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in elaborating annual administrative reform plans and budget estimates;

e/ Appraise tasks in annual budget estimates for administrative reform activities of other ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees regarding their objectives and contents before sending them to the Ministry of Planning and Investment and the Ministry of Finance for summarization and submission to the Prime Minister for approval in annual state budget estimates of agencies;

f/ Guide other ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in making quarterly, biannual, annual or extraordinary reports on the Program implementation;

g/ Examine and summarize the Program implementation and report thereon to the Government and the Prime Minister on an quarterly, biannual, annual and extraordinary basis;

h/ To develop and introduce, and guide the implementation of, a set of indicators for monitoring and assessing administrative reform activities in ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees;

i/ Take the main charge of elaborating, and guide the implementation of, methods of measuring the satisfaction of citizens and organizations with administrative services provided by state administrative agencies;

j/ Organize training and re-training for cadres and civil servants in charge of administrative reforms in ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees;

k/ Take the main charge of publicity work on administrative reform.

4. The Ministry of Justice shall:

a/ Supervise and summarize the performance of institutional reform tasks;

b/ Take the main charge of renewing and improving the quality of the formulation and promulgation of legal documents.

5. The Government Office shall:

a/ Take the main charge of reforming administrative procedures;

b/ Take the main charge of elaborating, and guide the implementation of, methods of calculating costs of implementing administrative procedures;

c/ Take the main charge of cooperation with international organizations in reforming administrative regulations;

d/ Take the main charge of and coordinate with related agencies in implementing the public-duty culture project;

e/ Take the main charge of and coordinate with related agencies in building and operating the Government’s electronic administrative information network on the Internet.

6. The Ministry of Finance shall:

a/ Take the main charge of renewing the mechanism of allocating budgets to state administrative agencies based on their performance results;

b/ Take the main charge of renewing the mechanism of autonomy and self-responsibility of public service non-business units;

c/ Take the main charge of and coordinate with the Ministry of Home Affairs in appraising funds for implementation of annual administrative reform plans of central and local agencies, summarizing and submitting them to competent authorities for approval; guide other ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in drawing up budget estimates, managing, using and settling funds for the Program implementation.

7. The Ministry of Planning and Investment shall:

a/ Supervise and urge other ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees to implement the Government’s action program in implementation of the Resolution of the sixth Plenum of the Party Central Committee, the Xth tenure, on further perfecting institutions of the socialist-oriented market economy, promulgated together with the Government’s Resolution No. 22/2008/NQ-CP of September 23, 2008;

b/ Take the main charge of and coordinate with the Government Office, the Ministry of Home Affairs and the Ministry of Justice in elaborating the institutional reform project and intensified coordination in the management and administration of the macro economy in the 2011-2020 period;

c/ Take the main charge of and coordinate with the Ministry of Home Affairs in summarizing and submitting to competent authorities for decision the allocation of central budget funds for projects in annual state  budget estimates for administrative reform of state administrative agencies;

d/ Take the main charge of summarizing and submitting to competent authorities for decision official development assistance sources for the Program implementation;

e/ Take the main charge of and coordinate with the Ministry of Construction in supervising and urging the implementation of the Prime Minister’s Decision No. 1441/QD-TTg of October 6, 2008, approving the plan on investment in working offices in communes and wards to meet the requirement of administrative reform and raise the effect and effectiveness of the state apparatus.

8. The Ministry of Information and Communications shall:

a/ Take the main charge of the application of information technology in activities of state administrative agencies under the Program;

b/ Coordinate with the Ministry of Home Affairs and the Government Office in closely combining the national program on application of information technology in activities of state agencies in the 2011-2015 period with this Program;

c/ Coordinate with the Ministry of Home Affairs in implementing the project on intensified information and publicity work on state administrative reform in the 2011-2015 period.

9. The Ministry of Health shall:

a/ Take the main charge of elaborating, and guide the implementation of, methods of measuring the satisfaction of people with public health services;

b/ Take the main charge of renewing the health insurance policy.

10. The Ministry of Education and Training shall take the main charge of elaborating, and guide the implementation of, methods of measuring the satisfaction of people with public education services.
11. The Ministry of Labor, War Invalids and Social Affairs shall take the main charge of reforming salary policies for workers in enterprises of all types; policies on social insurance and preferential treatment of people with meritorious services; and coordinate with the Ministry of Home Affairs in reforming salary policies for cadres, civil servants and public employees.
12. The Ministry of Science and Technology shall take the main charge of and coordinate with the Ministry of Finance in renewing the finance mechanism for science and technology activities and the mechanism of autonomy and self-responsibility of public science and technology institutions.
13. The Ministry of Culture, Sports and Tourism shall take the main charge of and coordinate with the Ministry of Finance in renewing the mechanism and policy on socialization in cultural sports and tourist activities.
14. The Vietnam News Agency, Radio Voice of Vietnam, Vietnam Television, the Government Web Portal and central and local information and press agencies shall create administrative reform sections and pages to popularize the Program and convey feedback of the people, enterprises, agencies and organizations on administrative reform in ministries, ministerial-level agencies, government-attached agencies and People’s Committees at all levels.

Article 8. This Resolution takes effect on the date of its signing.

Article 9. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations and individuals shall implement this Resolution.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG