VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES L NGUYEN TRONG HAI RENOVATING ORGANIZATIONAL STRUCTURE AND OPERATION OF PEOPLE’S COMMITTEE AT ALL LEVELS IN CONTEMPORARY VIETNAM Major: Constitutional Law and Administrative Law Major code: 62 38 01 02 SUMMARY OF THE DOCTORAL DISSERTATION IN LAW Hanoi - 2016 The dissertation completed at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences Supervisors: Prof Dr Phan Trung Ly Assoc Prof Dr Ho Viet Hanh Reviewer 1: …………………………………………… Reviewer 2: …………………………………………… Reviewer 3: …………………………………………… The dissertation will be defended at Graduate Academy Level Council of dissertation assessment at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences, 447 Nguyen Trai, Thanh Xuan, Hanoi Time: ………… date ……… month …… …year 2016 The dissertation may be found at: - Vietnam National Library; - Graduate Academy of Social Sciences Library INTRODUCTION Importance of research topic In managing state at local level, the People’s Committee shall have dominant role by its state administration activity Along with the People’s Council, People’s Committee plays an important role for development of society at the local, implement of the right and obligation of individuals and organizations, and also relate to the effective and efficient operation of the state apparatus in general So it has always been the focus of attention of the local people and a major concern of the Party, the State and the whole society Ever since comprehensive renovation of the country in 1986, along with the process of building and perfecting Vietnam’s socialist law-based State, there have been important change of the local government in general, the People’s Committee at all levels in particular After a lot of legal documents provide for local government organizations are successively issued, the law on local government institution (Law 2015) is approved by the National Assembly on June 19th, 2015 to replace the law on People’s Council institution and People’s Committee 2003 (Law 2003) In Law 2015, along with People’s Council, People’s Committee at all levels, there have been adjusted in the direction of innovation But that does not mean that the innovation process has been completed There are still different opinions of the local government pattern and other issues relate to the People’s Committee Notably, there are opinions of constructing local government autonomy – the pattern is the overall trend in many democratic countries in the world On the other hand, the application law 2015 will require more specific legal provisions and conducting operations such as indentifying function, task, decentralization of management, diversification of People’s Committe apparatus, the specialized agencies under People’s Committee Identifying the relationship with organization in the political system, People’s Committee human resource, the relationship between People’s Committee and people as well as enterprises which compatible with science and technology, ect In addition, organizing and operating of the People’s Committee will also mention on impact of the socialist-oriented market economy, the process of building and perfecting Vietnam’s socialist law-based State, the international integration and contemporary era issues involving democracy and human right After provisions of the Constitution 2013 and Law 2015 on the local government, renovation of the local government in general, the People’s Committee in particular, have been taking place Therefore, the author has conducted research topic: “Renovating organizational structure and operation of People’s Committee at all levels in contemporary Vietnam” as my doctoral dissertation in law Research subject and scope 2.1 Research subject The dissertation examines theoretical and practical issues of renovation organizational structure and operation of the People’s Committee at all levels in our country in the current period Also, the dissertation examines organization and operation of the People’s Committee at all levels on the practical basis of Law 2003 and taking into Law 2015 2.2 Research scope The study examines organizational structure and operation of the People’s Committee at all levels under administrative unit in Vietnam (not including special administrative and economic units) Research purpose and task 3.1 Research purpose On the basis of theoretical perception on renovating organizational structure and operation of people’s committee, the study evaluates the reality of renovation organizational structure and operation of people’s committee in Vietnam today The study also proposes recommendation and solution of renovating organizational structure and operation of people’s committee at all levels to contribute into build the socialist law-based State of the people, by the people and for the people 3.2 Research task First, to clarify the theoretical issues of renovation of People’s Committee at all levels Second, to analyze and evaluate the reality of organizational structure and operation of People’s Committee at all levels in innovation Third, to propose perspectives and solutions to continuing renovation of oroganizational structure and operation of People’s Committee at all levels Methodology and research method The study is carried out on the basis of dialectical and historical materialism, the views of the Party and State on the state and law matters, the socialist state, the local government in which the People’s Committee at all levels The research method is mainly used for this dissertation involving analysis, synthesis, systematization, method of comparative jurisprudence, specific history, statistics, interdisciplinary and multidisciplinary approach The new scientific contributions of the dissertation First, the dissertation has systematized, clarified and supplemented the theoretical issues of organization and operation of People’s Committee at all levels in the overall and different aspects with new outlook of position, role, function, organization and operation of the state administration at local level in the new conditions Second, the study has clarified new features of the organizational structure and operation of People’s Committee at all levels over the development period Third, the dissertation has evaluated the reality of renovating organizational structure and operation of People’s Committee over the years of innovation It seeks to predict the role of People’s Committee under the Law 2015 It has also pointed out advantages and limitations of organizational structure and operation of People’s Committee at all levels Since then, the study points out cause of the limitations Fourth, with new awareness and practical perspective, the study has proposed solutions of renovation and improving organizational structure and operation of People’s committee at all levels under the Law 2015 as well as practical requirements The theoretical and practical significance of the dissertation The dissertation is an overall and basic research work of organizational structure and operation of People’s Committee at all levels in the new context of Vietnam today The research results of the dissertation may be used as a reference for organizational innovation activities and operations of People’s Committee at all levels, for studying, teaching and learning about the state administration at local level The dissertation structure Besides the introduction, conclusion and list of references, the content of the dissertation including chapters: Chapter 1: Overview of literature review Chapter 2: The theoretical issues of renovating organizational structure and operation of People’s Committee at all levels Chapter 3: The reality of organizational structure and operation of People’s Committee at all levels in the Vietnam’s innovation process Chapter 4: Perspectives and solutions to continuing renovation of organizational structure and operation of People’s Committee at all levels Chapter OVERVIEW OF LITERATURE REVIEW 1.1 Research works relate to People’s Committee, renovating organizational structure and operation of People’s Committee 1.1.1 Domestic research works Over the past decades, especially ever since the country’s comprehensive innovation 1986, there have been many research works on People’s Committee and renovating organizational structure and operation of the People’s Committee at all levels in our country These research works have created premise and is a very important foundation to examine this dissertation 1.1.2 Research works on the abroad local administration Until now, there is little research work on the abroad local administration in our country, but there are some basic research works which have been translated, restated or published in foreign journal This is a very important resource to consider the theoretical and practical issues of renovating organization and operation of the People’s Committee in Vietnam 1.2 Assessing research works relate to People’s Committee, renovating organizational structure and operation of People’s Committee Through the research works on the local state administration in the domestic and beyond, have set up many issues involving renovation of the People’s Committee of our country that need to be resolved such as role and function of the local state administration, its relation with local council, nature and characteristic of the local state administration, organizational pattern of the local government and so on These research works have examined various aspects of renovating local state administration of our country that relate to the model, function, task, organization and operation in concrete conditions Also, these research works had many helpful suggestions for renovating organization and operation of the People’s Committee at all levels 1.3 The issues that the study needs to examine - To examine comprehensively theoretical and practical issues of renovating organizational structure and operation of the People’s Committee at all levels - To evaluate the local government organization model, in which current People’s Committee at all levels and recommendation of renovation - To propose solutions continuing renovation over the various issues of organizational structure and operation of the People’s Committee at all levels Chapter THE THEORETICAL ISSUES OF RENOVATING ORGANIZATIONAL STRUCTURE AND OPERATION OF PEOPLE’S COMMITTEE AT ALL LEVELS 2.1 Definition, position and role of People’s Committee at all levels 2.1.1 Definition and characteristic of People’s Committee at all levels Division of administrative units is essential for the state management to inhabitant and society In our country, there are three main administrative units through periods involve province, district and commune This is objective basis of organizing the local government in which the state administration The local administration of our country is the People’s Committee It may be concept that “the People’s Committee is the organ elected by the People’s Council at the same level, which is the executive body of the People’s Council to implement the local state management function, responsible to the People’s Council and the state administration at higher level” The common characteristic of the People’s Committee at all levels is that implement the state administrative function; organizational structure and operation of the People’s Committee is basically fundamental unity of law; it was held under administrative unit; the People’s Committee is the body elected by the People’s Council at the same level with approval of the state administration at higher level; the People’s Committee is organizational body under two way principle and basically it is a collective body; at the lower level, its structure is more simple On the basis of analysis of Vietnam state apparatus, the dissertation provides “People’s Committee at all levels is the organ elected by the People’s Council at the same level, implement the local state administration function and is a component of the local state administrative system under the hierarchical principle” 2.1.2 Position, nature and role of People’s Committee at all levels The People’s Committee is the executive body of the People’s Council and the local state administration The role of People's Committee as bellow: First, the state administration to achieve socio-economic goal; second, management plays indispesable role as common operation of social life; third, ensuring consistency and smoothness of the state administration; fourth, People’s Committee as direct body to ensure implementation of human right and the right of citizens 2.2 Organizational structure and operation of People’s Committee at all levels 2.2.1 Principles of organizational structure and operation of People's Committee 1/ the state power belongs to the people; 2/ the state led by Vietnam Communist Party; 3/ the principle of democratic centralism; 4/ the principle of equality among peoples; 5/ the principle of socialist legislation Besides general principles mentioned above, there are some basic specifity principles of organization and operation of the People’s Committee at all levels such as: - Principle of two-way - Managed by sector in conjunction with territorial management - Collective leadership mechanism in conjunction with head regime 2.2.2 Organizational structure of People’s Committee With traditional choice, the People’s Committee is a collective agency elected by the People’s Council, in which leadership of the head of the People's Committee has been increasingly enhanced President of People’s Committee who has rights and obligations to ensure organization and operation of the People’s Committee; managing human resource and promulgating law Vice president and members of People’s Committee carried out their work assignment by president and responsible to president of People’s Committee on their work assignment The specialized agencies of the People’s Committee who give assistance to the local state administration to implement right and obligation which is organized by principle of multi-sector and multi-disciplinary These agencies will be directed the implementation of organizational management, personnel and work assignment by People’s Committee at the same level 2.2.3 Operation of People’s Committee Operation of People’s Committee is implemented in two forms: First, the session of People’s Committee is collective activity by People’s Committee at all levels Second, regular activity of president, vice president and other members of People’s Committee in carrying out their functions, duties and rights The state administration activity can also be divided into two types involving issued legal documents (including normative and specific documents) and administrative activity From the angle of administrative law, it may be divided the state administration into following basic activities: first, issued legal documents This is legal construction activity; second, legal implementation activity; third, operation of People’s Committee may be divided into periods of constitution 1956, 1959, 1980, 1992 and 2013 The study has examined new features of organization and operation of People’s Committee at all levels under the each constitution 3.2 Organizational structure and operation of People’s Committee at all levels in the current innovation period 3.2.1 Legislation and practice of organizational structure of People’s Committee at all levels The organizational structure and operation of People’s Committee today under the Law 2003 The Law 2015 had entered into force on 01 January 2016 under the provision began applying for People’s Council term (as well as People’s Committee) 2016-2021 As mentioned above, however, organizational structure and operation of People’s Committee under the Law 2015, does not change So basically, the reality of organizational structure and operation of People’s Committee, is still issue of the Law 2015 and legal documents 3.2.1.1 Legislation of organizational structure of People’s Committee at all levels a) Regarding to position, nature and term of People’s Committee People’s Committee is the body elected by the People’s Council at the same level, which is the executive body of the People’s Council, it is also the local state administration, responsible to local people, People Council and the state administrative agencies at higher level Like People Council, People’s Committee term is years b) Regarding to duties, rights and organization of People’s Committee The local governments’ duties and rights in which People’s Committee shall be determined on the basis of delimitation of competence between the central and local state organ and of each local government 11 The delimitation of competence is base on the basic principles involving the state management unity and smoothness of national administration; promoting autonomy and self-responsibility of the local governments; close cooperation between managing by sector and territory; delimitation of competence which in accordance with condition and characteristic of rural, urban and island areas and so on Duties and rights of People’s Committee in implement the Constitution, law, documents of superior state organ and resolution of People’s Committee at the same level as stipulated by Law 2003 and Law 2015 in order to ensure implementation socio-economic development policy, strengthening national defense and security and other policies Compare with the law of 2003, there have been new provisions of duties and rights in the law 2015 On the basis of duties and rights of People’s Committee shall be determined by Law 2003, organizational structure of People’s Committee at all levels involving President, Vice president and other members The number of members, organizational structure and division of work to members of People’s Committee as stipulated in Decree No 107/2004/ND-CP President and Vice president of People’s Committee shall be accredited, transferred and dismissed by Government Prime Minister c) Regarding to the specialized agencies under People’s Committee The specialized agencies under People’s Committee were held at provincial and district People’s Committee, as the subsidiary agencies of People’s Committee at the same level It is also giving advice and assisting to People’s committee at the same level in making function of the local state management and working under the leadership regime The function and competence of specialized agencies is to implement a number of duties and rights that mandated by People’s committee at the same level under the provision of law to ensuring management unity from the central 12 to local government The duties, rights, organizational structure and leadership regime of specialized agencies stipulated by Government Decrees For commune People’s committee, there is not specialized agencies, but specialized titles only 3.2.1.2 The reality of organizational structure of People’s Committee at all levels According to Article of Law 2003, People’s Committee has been established at administrative units of province, district and commune The members of provincial and district People’s committee have increased from the previous term due to the staff rotation policy from province to district and from district to commune and splitting of some administrative units at all levels Conversely, the members of commune People’s committee have decreased from 5-7 to 3-5 members compare with previous term To strengthen management capacity, over the past years, People’s committee at all levels have enhanced training and improving quality of cadres and civil servants in general, People’s committee members in particular According to statistics of 60/63 provinces and cities, the specialized qualification, state management and political quality of members of provincial, district and commune People’s committee, have increased in term of 20042011 and 2011-2016 After Government’s adjustment, the number of specialized agencies have been reduced in multi-disciplinary The central government has any organization, not necessarily for local governments must have corresponding specialized agencies In addition, specialized agencies not necessarily the same organization at the administrative units 3.2.2 Operation of People’s committee at all levels 3.2.2.1 Regulations of operation of People’s committee at all levels 13 The regulations of operation of People’s committee at all levels are specified by the Law 2003 People’s committee at all levels shall comply with principle of democratic centralism to ensure the leadership role of People’s committee and also enhancing personal responsibility of president, vice president and other members of People’s committee People’s Committee shall resolve work in accordance with law and the superior state organs’ direction; ensuring the leadership of the Party committee and supervision of People’s Council at the same level to implement its functions, duties and rights People’s Committee shall work collectively to make decision of great significance issues People’s Committee collective operation as its session that will take place at least once a month by law President of People’s Committee has responsibility and authority to other members and specialized agencies under people’s committee; giving decision within responsibilities and rights of his own people’s committee, except matters collectively; welcoming people and dealing with people’s complaints and denunciations He can organize and making people’s committee meeting chair; approve the results of the Committee’s election; suspend or subordinate enforcement of illegal documents of specialized agencies under his People’s Committee and president of people’s committee at lower level The law also provides duties, rights and operation of vice president, other members and specialized agencies under People’s Committee 3.2.2.2 The reality of operation of People’s Committee at all levels Practical operation of People’s committee is expressed by decentralization; implement duties and rights of People’s committee at all levels; by operation forms of president, members and people’s committee 14 According to the report of 10 years to implement the Law 2003, the People’s committee at all levels has issued working regulations of People committee under sample regulation, specifying duties, rights and responsibilities of president, members of people’s committee People’s committee at all levels has worked well in managing and operating of people’s committee; dealing with effectively and timely issues arise from management activities of people’s committee; enhancing the role and individual responsibility of president and each members of people’s committee The role of president of people’s committee at all levels as stipulated in Law 2015 There has been a marked improvement in operating of people’s committee at all levels in term of 2004-2011 and 2011-2016 Its effect has gradually raised; the management role and direction of people’s committee at all levels have been renovated Its working style and administrative procedures have initially mitigated; Provincial and district people’s committee apparatus have been curtailed to create a smooth operation of the state administration and to safeward political stability and local’s socio-economic development 3.3 Overall assessment of renovating organizational structure and operation of People’s Committee at all levels People’s Committee as a structure of local government In the process of comperehensive innovation, in which, completion of the state apparatus is particularly important work The achievement of organization and operation of People’s committee at all levels as below: First, it has basically created legal basis for its organizational structure and operation of people’s committee Second, regarding to duties and rights of people’s committee, regulations in Law 2003 and other legal documents, have shown a new trend of the state role is that tectonic organization and social development, rather than deeply involvement into the social work 15 Third, the law continues to affirm traditionally organizational models of People’s Committee Fourth, regarding to administrative reform, there have been reduction of the number of members of People’s Committee at all levels Fifth, there have been significant changes of organizational structure and operation of People’s Committee Basically, operation of people’s committee has had a combination of collective leadership with the promotion of president role Sixth, People’s committee session and its members have been taking place orderly provisions of law Qualifications and skills of members of People’s Committee have been increasing in accordance with requirements of administrative reform Therefore, the state administration system in which People’s Committee at all levels have helped the country overcome difficulties in the process of socio-economic development to become a middle country Besides achievements, there are also certain shortcomings in organizing and operating of People’s Committee at all levels, which requires these committees must have political will and the greater efforts to the administrative reform 1/ Model of local government institutions in general, organizational structure and operation of people’s committee in particular so far traditionally someone dares to difference It seems that we are in need of stability, not want to tamper, thus we have not been thought and researched fully, comprehensively and deeply of the local government autonomy model 2/ Operation of people’s committee follow two-way principle, this lead to the orders of superior leaders are more important than resolutions of people’s council at the same level 16 3/ Regarding to establishment of People’s Committee, there have not been close combination between president and other members Sometime, in certain cases, the approval of results of the subordinate voting makes difficulty to the normal functioning of People’s Committee 4/ According to Law 2003, People’s Committee as collective organ, but problem is that the heads of departments, are not member of People’s Committee Law 2015 has overcome this as stipulation of the head of specialized agencies as member of people’s committee However, this issue needs to consider because the number of members of specialized agencies will increase 5/ Vice president and other members were assigned work by president, practically, this is usually done by whole People’s committee There is not suitable resolution, if there is a conflict of competence between the whole people’s committee and president as well as other members who assigned by president 6/ Limitations of supervision and inspect activities of People’s Committee at all levels Chapter PERSPECTIVES AND SOLUTIONS TO CONTINUING RENOVATION OF ORGANIZATIONAL STRUCTURE AND OPERATION OF PEOPLE’S COMMITTEE AT ALL LEVELS 4.1 Perspectives to continuing renovation of organizational structure and operation of people’s committee at all levels 4.1.1 Renovating organizational structure and operation of people’s committee at all levels must be linked to the Party leadership renovation; 4.1.2 This renovation as overall nature and synchronization of aspects relate to the organizational structure and operation of People’s Committee at all levels; 17 4.1.3 Renovating organizational structure and operation of People’s Committee at all levels in accordance with specific conditions in our country; 4.1.4 This renovation must be led to simplifying of oganizational structure to ensure consistency of the state administrative apparatus with the distinguishing nature of each administrative unit 4.1.5 This renovation must be based on inherited theoretical and practical factors in the process of Vietnam’s administration development 4.2 Solutions to continuing renovation of organizational structure and operation of people’s committee at all levels 4.2.1 Innovation of awareness and great political commitment in renovating organizational structure and operation of People’s Committee at all levels Since the sixth Congress in 1986, the Party confirmed that, there have been necessary major reform of the state apparatus In the next Congress, the local government reform issue, in which People’s Committee continues to be posed In practice, there have been positive changes of organizational structure and operation of People’s committee at all levels The Law 2015 was enacted in the spirit of innovation However, still needs to have unprejudiced thinking and practical mind in order to examine the local government model and organizational structure and operation of other People’s Committee In addition, there should be a new awareness of renovating People’s Committee, including provisions of the Law 2015, especially political determination in the political system and government apparatus from central to local levels 4.2.2 Choosing organizational model of People’s Committee The organizational model of People’s committee is closely related to organizational model of local government as it is an executive organ and the local state administration It may be said that, the local government is organized by democratic centralism model This 18 model contributes significantly to the successful implementation of political tasks and management over the historical periods However, this model also reveals limitation of internal contradiction, the relationship between People’s Council and People’s Committee on executive and supervision This lead to the local governments could not have singleness of mind to their local people Therefore, there should be necessary to build the local self-government or autonomous local, is still seen as the best model for government that selected by countries in the world 4.2.3 Completing organizational structure and operation of People’s Committee at all levels Currently, according to the Law 2015, there have been regulations of organizational structure and operation of People’s committee Many shortcomings and limitations of organizational structure and operation of People’s committee under the Law 2003 was amended by the Law 2015 As the local government model in Vietnam is still a traditionally model If not change, it will not be able to complete both theoretical and practical issue 4.2.3.1 Completing organizational structure of People’s Committee at all levels 1/ Stepping up decentralization and management According to the Law 2015, there have been new points to responsibility and authority of People’s Committee at all levels in stepping up decentralization and empowerment However, this regulation still needs to be enforced in practice with specific reforms Through surveys showed that, actually, responsibility and authority of people’s committee in urban areas, are not consistent with its management There is still much potential for decentralization This requires the state administration at higher level, needs to consider further decentralization to the local governments at lower level 19 Regarding to determine duties and rights of local government, actually, there have still been overlapping tasks among central ministries This lead to overlapping of specialized agencies at local level and impact on unified management of the state administration from central to local facilities This should be overcome With demands to enhance decentralization and management, there should be stepping up socialization and the state duty under the proper perspective “the State who to be at the helm rather than who can upset the boat” 2/ Completing organizational structure of People’s Committee at all levels A) Regarding to establish government levels, the big problem is that how many government levels we gonna need? How many fully local government levels (including People’s Council and Committee) still now need to be considered, especially, the urban government So, there should be a strong renovation of scientific thinking on the local government organ to consider should or should not have both People’s Council and Committee at district and ward level B) Regarding to organizational structure of People’s Committee First, regarding to the election, president of People’s committee will nominate members and those who will be elected by People’s Council Second, to avoid increasing number of members of People’s committee, those who including the head of specialized agencies and toward reducing the number of agencies in spirit of multidisciplinary management Third, establishing control mechanism of the state agencies at higher level in order to the state administration is not bloated as requirement of reducing regular staff in administration reform 20 C) The relationship among People's Committees in the state administration system Since the Law 2015 actually came into force, the Government and state administration at higher level need to have documents guiding legal implementation to ensure the unity and consolidation of local government D) The distribution of administrative units Inheritance and development of legislation on administrative unit under the Law 2003, the Law 2015 has provisions on distribution of general administrative unit into three categories involving I, II and III in each level By enactment law on administrative unit to stabilize this unit and refer to new administrative unit of developed countries 4.2.3.2 Renovating operation of People’s committee at all levels 1/ Regarding to operating mechanism of People’s committee Operating mechanism of People’s committee involving collective activities and leader’s operation This may be considered to be transfer from group operating mechanism to leadership regime In the state administration, the leadership regime has brought better effectiveness because regulation to be issued quickly in accordance with changes of life in the market economy 2/ Improving quality of the session of People's Committee There should be provisions on working regulation of People’s committee, in which, determining requirements for special session and president’s competence to extraordinary meeting The session may be taking place by suggestion of Vietnam Fatherland Front and socio-political institutions 3/ Improving responsibilities of president of People’s committee at all levels The president of People’s committee is the leader who has a very important role to People’s committee performance There should be further 21 concretization of provisions to responsibilities of members of People’s committee in which attach special importance to president title 4/ In the general trend of the world, our country administration is transferring from ruling to serving Accordingly, the “asking and giving” mechanism must be dismantled The state officials’ behavior to people and enterprises still “do a favour”, authoritarianism, harass This lead to discontent in society Operation of People’s committee must be demonstrated openess, transparency and accountability Article of the law 2015 has confirmed the principles of organization and operation of the local government is that “modern, transparent, service of people and supervision by people” 5/ The administrative procedure is a tool to manage and it is also a very important factor to ensure operation of People’s committee is effective, legitimative and reasonable Need to stepping up further administrative reform, especially administrative procedures 6/ Improving quality of the cadres and civil servants There are now cadres and civil servants working ineffectiveness In particular, lack of professionalism of management and giving public services This is a major problem to public opinion There are many problems that need to resolve to improve quality of the cadres and civil servants Since then, the question is to enhance the legal system for the title and standard of cadres and civil servants People’s committee at all levels need to recruit talents and the State should have adequate remuneration for them, especially salary reform The State also needs to focus on measures to prevent corruption that was disorting the operation of the state administration 4.2.4 Strengthening renovating operation of People’s committee at all levels 22 organizational structure and - Renovating the leadership of the Party Committee to People’s Committee - Strengthening monitoring and inspection to People’s committee operation - Strengthening infrastructure and modernizing operation of People’s committee at all levels CONCLUSION People’s Committee is the executive organ of People’s Council at the same level and is the local state administration It plays a very important role in socio-economic development and other aspects of the local to ensure legal enforcement as well as democracy, human right and the rights of citizens In fact, most of the rights of citizens and enterprises are taking place in the local level over operation of People’s committee at all levels Therefore, renovating this Committee is very important In this study, the author has examined the basic theoretical issues to have scientific cognition of organizational structure and operation of People’s committee at all levels in our country today and having comparison with the local state administration of other countries in the world The study has identified and evaluated the reality of renovating organizational structure and operation of People’s committee at all levels in contemporary Vietnam with strengths and limitations as well as the cause of limitations Since then, the dissertation has proposed solutions, recommendations to continuing renovation of organizational structure and operation of People’s committee at all levels 23 24 The author’s published-papers list related to the dissertation Nguyen Trong Hai (2012) Renovating the organization and operation of the local government – from relationship between the People’s Council and People’s Committee, Review of the State Organization, No 2 Nguyen Trong Hai (2012) Mechanism for taking responsibility by the People’s committee in the amended Constitution, Review of the State Organization, No Nguyen Trong Hai (2012) Some issues regarding to renovating operation of People’s Committee at commune level in the current stage, Review of the State Organization, No 12 Nguyen Trong Hải (2013) Should clearly identify the subject of local governments in the drafting amendment of the 1992 Constitution, Review of the State Organization, No 5 Nguyen Trong Hai (2014) Renovating the local government organization as required by the 2013 Constitution, Review of the State Organization, No 11 Nguyen Trong Hai (2016) Some issues regarding to continuing renovation of organizational structure and operation of People’s committee at all levels, Review of the State Organization, No 25 [...]... activities of People’s Committee at all levels Chapter 4 PERSPECTIVES AND SOLUTIONS TO CONTINUING RENOVATION OF ORGANIZATIONAL STRUCTURE AND OPERATION OF PEOPLE’S COMMITTEE AT ALL LEVELS 4.1 Perspectives to continuing renovation of organizational structure and operation of people’s committee at all levels 4.1.1 Renovating organizational structure and operation of people’s committee at all levels must be linked... organization at the administrative units 3.2.2 Operation of People’s committee at all levels 3.2.2.1 Regulations of operation of People’s committee at all levels 13 The regulations of operation of People’s committee at all levels are specified by the Law 2003 People’s committee at all levels shall comply with principle of democratic centralism to ensure the leadership role of People’s committee and also... of People’s Committee at all levels First, model of organization of People’s Committee at all levels Second, the organizational structure related to renovating of authorities, duties and personnel of the Committee, the professional agencies of People’s Committee and renewal of its operating mechanism 9 Third, People’s Committee at all levels relations involving the relationship between the state administration... development of the market economy and globalization - Due to the requirements of the state administration reform in the socialist rule of law state of Vietnam - The impact of the science and technology development 2.3.2 Basic content and criteria of renovating organizational structure and operation of People’s Committee at all levels 2.3.2.1 Basic content of renovating organizational structure and operation of. .. THE REALITY OF ORGANIZATIONAL STRUCTURE AND OPERATION OF PEOPLE’S COMMITTEE AT ALL LEVELS IN THE VIETNAM S INNOVATION PROCESS 3.1 Overview of new features in organizing and operating of People’s Committee at all levels over the past areas Over 70 years of development, along with the central government, organization and operation of local governments, in which, People’s Committee at all levels is constantly... leadership renovation; 4.1.2 This renovation as overall nature and synchronization of aspects relate to the organizational structure and operation of People’s Committee at all levels; 17 4.1.3 Renovating organizational structure and operation of People’s Committee at all levels in accordance with specific conditions in our country; 4.1.4 This renovation must be led to simplifying of oganizational structure. .. especially salary reform The State also needs to focus on measures to prevent corruption that was disorting the operation of the state administration 4.2.4 Strengthening renovating operation of People’s committee at all levels 22 organizational structure and - Renovating the leadership of the Party Committee to People’s Committee - Strengthening monitoring and inspection to People’s committee operation. .. renovated Its working style and administrative procedures have initially mitigated; Provincial and district people’s committee apparatus have been curtailed to create a smooth operation of the state administration and to safeward political stability and local’s socio-economic development 3.3 Overall assessment of renovating organizational structure and operation of People’s Committee at all levels People’s. .. consistency of the state administrative apparatus with the distinguishing nature of each administrative unit 4.1.5 This renovation must be based on inherited theoretical and practical factors in the process of Vietnam s administration development 4.2 Solutions to continuing renovation of organizational structure and operation of people’s committee at all levels 4.2.1 Innovation of awareness and great political... best model for government that selected by countries in the world 4.2.3 Completing organizational structure and operation of People’s Committee at all levels Currently, according to the Law 2015, there have been regulations of organizational structure and operation of People’s committee Many shortcomings and limitations of organizational structure and operation of People’s committee under the Law 2003