RENOVATING ORGANIZATIONAL STRUCTURE AND OPERATION OF PEOPLE’S COMMITTEE AT ALL LEVELS IN CONTEMPORARY VIETNAM

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-ba

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

The dissertation completed at Graduate Academy of Social Sciences, Vietnam Academy of Social Sciences

Supervisors: 1 Prof Dr Phan Trung Ly

2 Assoc Prof Dr Ho Viet Hanh

Time: ………… date ……… month …… …year 2016

The dissertation may be found at:

- Vietnam National Library;

- Graduate Academy of Social SciencesLibrary

INTRODUCTION

1 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

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)

3 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

4 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

5 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

6 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

7 The dissertation structure

Besides the introduction, conclusion and list of references, the content

of the dissertation including 4 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 1 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 2 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,

implementation of law enforcement activity such as inspection, dealing with complaints, denunciations and legal violations

Administrative management of People’s Committee is made in relationship between power and acquiescence To exercise the power, useful method is that convince, coercion, instruction and economy

2.3 Demand, content and criteria continue to renovating organizational structure and operation of People’s Committee at all levels

2.3.1 Demand of continuous renovating organizational structure and operation of People’s Committee at all levels

- Due to the requirements of socialist democratic development and ensuring human right and the rights of local citizens

- Socio-economic development demands in the process of industrialization and modernization

- Demand of construction and 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 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

Third, People’s Committee at all levels relations involving the

relationship between the state administration system and People’s Council and with other agencies and organizations in the political system

2.3.2.2 Basic criteria of renovating organizational structure and operation of People’s Committee at all levels

First, to meet the requirements of service administration to ensure

democracy, human right and the rights of citizens

Second, to ensure a reasonable relationship between Party leadership

with the organization and operation of People’s Committee

Third, to reflect the nature and characteristic of the socialist rule of law

state of Vietnam which has been constructing and completing

Fourth, in accordance with the criteria of modern state administration Fifth, in accordance with the characteristics of People’s Committee

administrative agencies in current conditions in Vietnam today

Chapter 3 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 renovated and completed to meet demand

of each period

People’s Committee renovation may be relatively examined by the constitution over the past years Accordingly, the process of organization and

operation of People’s Committee may be divided into periods of constitution

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 5 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