The thesis studies theoretical and practical basis to recommend solutions to propose a new model of communal government better than the current one in order to meet the requirements of state administrative reform in the context of the renovation of the political system and the construction of new rural areas in Vietnam in the direction of establishing self-governance communal governments and in accordance with local characteristics.
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MINISTRY OF EDUCATION MINISTRY OF HOME AFFAIRS
AND TRAINING
NATIONAL ACADEMY OF PUBLIC ADMINISTRATION
TRUONG QUOC VIET
PERFECTING THE ORGANIZATIONAL MODEL
OF THE COMMUNE - LEVEL AUTHORITY IN VIETNAM RURAL AREAS NOWADAYS
Specialization: Public Management
Code: 9.34.04.03
SUMMARY OF DOCTORAL THESIS
IN PUBLIC MANAGEMENT
HANOI, 2019
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The thesis can be found at: The Vietnam National Library or Library of
National Academy of Public Administration
The work has been completed at: National Academy of Public Administration
Supervisors: 1 Assoc Prof Ph.D Dang Khac Anh
2 Assoc Prof Ph.D Van Tat Thu
Reviewer 1:
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………
Reviewer 2:
………
………
Reviewer 3:
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The thesis is presented at the Academy-level Thesis Assessment Council
At: Doctoral thesis defense Room – Meeting Room…… Building…… ,
National Academy of Public Administration No.77 Nguyen Chi Thanh Street, Dong Da District, Ha Noi
Time: date…… month …… 2019
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LIST OF AUTHOR’S WORKS
1 “Organizational model of grassroots government in some Asian countries”, State
Organization Magazine, Publication of May 2019, p.75-79
2 “Solutions to deploy the arrangement of administrative units at district and
commune levels”, Journal of State Administration Publication of April 2019,
p.13-17
3 “Limitations, shortcomings in the organization of commune governments and the
direction of improvement”, State Organization Magazine Publication of
September 2018, p 9-14
4 “About the position and role of commune governments in Vietnam today’, State
Organization Magazine, Publication of May 2018, p.33-35
5 “Factors affecting local governments in Vietnam rural areas”, Presentation
Report at the Vietnam – Japan International Conference on Sharing Local Administrative Experiences, September 2017
6 “Building a contingent of professional cadres and civil servants in the new
situation according to Ho Chi Minh’s ideology”, Journal of Internal Science
Research, Publication of March 2017, p.33-36
7 “Improving the sense of responsibility and public service ethics of cadres and
civil servants in Vietnam today”, Journal of Social Insurance, Publication of July
2016 (301), p.11-14
8 “Innovating and completing local governments in Vietnam rural areas today”,
Journal of Internal Science Research, Publication of March 2016 (11), p.31-35
9 “Current trend of public administration reform in Vietnam”, Journal of Internal
Science Research, Publication of August 2015 (8), p.31-34
10 “Building a contingent of cadres and civil servants to meet the requirements of
administrative reform in Vietnam today”, State Organization Magazine, May
2015, p.10-13
11 “The development of regulation on local governments through the Vietnamese
Constitution versions", State Management Magazine, Publication of April 2014
(219), pp.14-19
12 “Public administration and public leadership in the current period”, State
Management Magazine, Publication of August 2013 (211), p.9-14
13 “Develop criteria for cadres, civil servants and employees to study and follow
Ho Chi Minh’s moral example”, Vietnam Archives Journal Publication of June
2013, pp.24-26
14 “Issues that need to be studied on local governments in Vietnam today”, State
Organization Magazine, Publication of April 2013, pp.19-22
15 “Requirements on accountability, transparency, predictability and ability to
participate in state administrative management activities", State Organization
Magazine, Publication of March 2013 (206), p.41- 55
16 Methods of organizing the grassroots government in Vietnam’s history”, Vietnam
Social Sciences Review, Publication of January 2012 (50), p.8-13
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components of communal government: location, nature; functions, tasks and powers;
organizational structure and relationship of communal government with agencies and
organizations in rural areas
The thesis has studied and analyzed the organizational model of grassroots
governments in 4 typical countries: China, Thailand, France, Japan, to draw lessons
and experiences in completing the communal government organization in Vietnam
The thesis has described the organizational model of communal governments in
Vietnam since 1945, focusing on analyzing and reviewing the commune government
model from 2013 up to present Therefore, we can see that:
- Throughout the country’s development history, the communal government has
always been defined as the grassroots level The communal government is a government
close to the people, attached to the people, the foundation and core of the state
government The communal government represents the state power and represents the
community in the commune The autonomy of communal government in Vietnam has
been existed in history since feudal period of time Currently, in the new context, the
empower of autonomy to communal governments is necessary, meeting both the needs
of practice and the succession and continuation of the historical tradition
- Legal institutions system on the organizational model of communal
government has been increasingly improved The organizational model of communal
government is structured in accordance with the tasks and requirements of each
historical period However, in the current socio-economic context in Vietnam, the
organizational model of communal government still has limitations and shortcomings
in clearly defining the scope and governance bounds of communal governments;
clearly identifying the location and nature of communal governments; legal provisions
on functions, tasks, powers and organizational structure as well as the relationship
between communal governments and relevant organizations and agencies
Based on the reality of the process of completing the organizational model of
communal governments in Vietnam rural areas from 1945 up to present, the thesis has
raised 4 views and 8 solutions to complete the organizational model of communal
governments in Vietnam rural areas today The key solutions are: (i) clearly and correctly
defining the location and nature of the Communal Government; (ii) specifying the
functions, tasks and powers of the Communal Government; (iii) organizing a variety of
communal government apparatus in line with local characteristics; (iv) building and
improving the quality of professional, responsible and dedicated commune officials; (v)
completing the organizational model of communal government in association with
continuing to reform the political system at grassroots level; (vi) merging unqualified
communes and villages into communes and villages with appropriate scale and area; (vii)
ensuring the operating conditions for the Communal Government; (viii) amending and
supplementing the institution on local governments, developing a law on grassroots
government, proceeding to establish a communal government under self-governance
model and in accordance with local characteristics
INTRODUCTION
1 The urgency of the subject
Communal government holds a particularly important position in institutions to implement state power The communal government is the level of government closest to the people and understands the most people Communal government is always one of the critical contents of the renovation and completion of local governments in Vietnam today Studying the communal government will have important signification to summarize the reality, provide a scientific foundation to complete the organization of local government in view of the Party set out in the 2011-2020 socio-economic development strategy: “Review and evaluate organizational model and operation quality
of local authorities in order to set up appropriate organizational model that ensures correctly and effectively assignment function, responsibility, and authority which are close to the reality Build an appropriate model of urban and rural governments” [119] Practical implementation of the 2013 Constitution, the Law on Local Government Organization in 2015 and related documents have many new provisions
on the location, functions, tasks, powers and organizational structure of the communal government However, the model of communal government is still stereotyped and rigid, the apparatus is still cumbersome and not streamlined Resolution of the sixth session of the 12th Party Central Committee on a number of issues to continue renovating and restructuring the streamlined political system apparatus for effective and efficient operation has set out the task: “To review, supplement and complete the Law on Organization of Local Administration, clearly defining the tasks, powers and responsibilities of administrations of provincial, district and commune levels” at the same time “Continue to amend, supplement and complete the regulations on building
of local administrations in the direction of defining in a clearer manner the organizational apparatuses of administrations in urban areas and rural areas, on islands, and in special administrative-economic units and proactively apply these regulations in localities where conditions permit” For the commune level administration, the Resolution also stated the tasks: “To revise relevant legal documents to increase the operational effectiveness and efficiency of commune-level administrations and set a proper quantity of commune-level cadres and civil servants with clear positions and criteria, etc To prescribe and strictly and unanimously implement the allocation of allowances for non-specialized people at the commune, village and residential-group levels”, “To incrementally reorganize district- and commune-level administrative units that have not yet attained law-prescribed standards To expeditiously and resolutely reorganize and merge hamlets and residential groups that currently fail to meet the State’s prescribed standards; In parallel with that, it is necessary “To continue to build and complete the self-management model in the hamlets and the residential communities under the leadership of the Fatherland Front and ensure the leadership of the Party Committees and the administration of the government” [101]
In order to complete the model of local government at all levels, we have piloted
to abolish People’s Councils of urban districts and wards since 2009 Pilot results are valuable lessons in completing the model of urban and rural governments in administrative units However, the renovation of the organizational model of grassroots governments in rural areas has not been piloted The research works mainly focus on
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urban government and organizational structure associated with the activities of the
agencies constituting the local government at commune level, without association with
the components of the governmental organizational model From the practical movement
and development of the socio-economic life in rural areas, there is a need to have
solutions to rationally organize the local government at the grassroots level in rural areas
In practical terms, in the socio-economic development process, there are
communes that develop towards industry and services, gradually escaping from the
purely agricultural economy It is inevitable that rural society progressively becomes a
non-rural society, people transfer from peasantry to citydweller Agriculture and rural
areas are also positively and actively integrating into the world The development of a
market economy changes the perception and behavior of the residential community in
the communes, posing many social issues for the communal governments to address
Each commune administrative unit has differences in area, population, culture,
society, level of economic development, etc making the volume and nature of
administration work of each commune authoriry is different While the current
institution still states that the organizational model of communal government is
relatively similar The need for proper organization of communal government to suit
the characteristics of each locality becomes more urgent than ever
The results of implementing the National Target Program on rural construction
have created a new physiognomy for rural areas in Vietnam: the infrastructure is
invested, farmers’ consumption behavior changes; the living standards and demand for
enjoyment of rural people are increasing As the volume of work increases, the needs
of the people are increasingly diversified, imposing the urgent requirement to
rationally organize the model of communal governments to “untie” and “promote” the
sustainable development of agriculture, farmers and rural areas
On the other hand, the trend of decentralization, promotion of decentralization
and devolution; establishment of local self-governance manner is an inevitable thing
that most developed countries are implementing With the process of globalization and
intensive and extensive international integration, Vietnam also needs to study and
adopt the reasonable values of the development law to achieve prosperity
Studying and clarifying the theory and practice of organizational model of
communal government in Vietnam rural areas today is very urgent Stemming from the
above reasons, the PhD student chooses the topic “Perfecting the organizational
model of the commune-level authority in Vietnam rural areas nowadays” as the
public management doctoral thesis
2 Purposes, tasks of the study
2.1 Purposes of the study
The thesis studies theoretical and practical basis to recommend solutions to
propose a new model of communal government better than the current one in order to
meet the requirements of state administrative reform in the context of the renovation of
the political system and the construction of new rural areas in Vietnam in the direction
of establishing self-governance communal governments and in accordance with local
characteristics
2.2 Tasks of the study
To achieve the above target, the thesis focuses and clarifies the following contents:
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communal governments At the same time, it is necessary to thoroughly grasp the viewpoints of improving communal governments towards building a self-governance government in the commune In order to synchronize with the promulgation of the Law
on grassroots governments, the State should promptly promulgate, amend and supplement relevant legal documents such as: promulgating laws on management decentralization Amending and supplementing the Law on Promulgation of Legal Documents in 2015 and relevant guiding documents in accordance with the local self-management establishment
Conclusion of Chapter 4
Based on the results of practical analysis of the process of completing the organizational model of communal government from 1945 to present, Chapter 4 of the thesis has pointed out the viewpoint of completing the organizational model of communal government in Vietnam rural areas today From that view point, Chapter 4 has proposed 8 groups of solutions to complete the organizational model of communal government in Vietnam rural areas In particular, the focus is to establish self-governance government in the direction of determining the location, nature, functions, tasks and powers; identify the communal government as a public legal entity; set up a mechanism for people to directly elect the Chairman of the commune, operate the commune People’s Committee according to the regime of administrative head Ensure that the communal governments have autonomy and self-determination of the number of civil servants in accordance with the characteristics of each locality Reform and renovation of the communal government are carried out simultaneously with the innovations of both the political system as well as the conditions to ensure the operation of the communal government towards self-management Along with that, there are solutions to improve the capacity of communal officials; to merge small villages and communes into big communes and ensure conditions for effective and efficient operation of communal governments The State should soon enact the Law on grassroots governments, amend, supplement and complete institutions on local governments
CONCLUSION
In response to the demands of current socio-economic development practices in Vietnam, reforming and renovating communal government are inevitable, and concerned
by the Party and State of Vietnam Researching to improve the organizational model of communal government in rural areas will have important meaning both theory and practice to contribute to the Party and State of scientific foundations to improve the organizational model of communal government in particular and local governments generally aiming to meet the needs of administrative reforms, the political system renovation and construction of new rural areas in Vietnam
On the basis of inheriting the study results of previous works, the results of analysis and practical evaluation, the thesis has achieved the following results:
The thesis has generalized and systematized the theoretical of the organizational model of communal government in rural areas The thesis gives the concept of the organizational model of communal government in rural areas The thesis focuses on clarifying the contents, necessity and factors affecting the communal government in rural areas The thesis defines the content of completing the organizational model of communal government in rural areas, focusing on the characteristics of the constituent
Trang 5synchronized with the renovation of the governments at all levels That innovation
orientation is: the communal government is self-governance body; the district
government is the intermediary body that is not necessarily a governmental level; the
provincial government will directly manage the communes; set up economic zones in a
certain area
For villages, hamlets, etc., it must definitely implement the village
self-governance regime The village people directly elect the village council including 3
people: village head and village deputy heads with a term of 5 years The village
council will decide and conduct the village self-governance tasks
Merging small villages that do not meet the standard requirements according to
into large villages However, only the mergence of small villages into the big ones in
places with close proximity to each other, not too big cultural and customs differences;
socio-economic development places, high intellectual level should be implemented It
should not be merged places in remote areas; with too large geographical distance and
differences in culture, customs, lifestyle, religion, etc
4.2.7 Ensuring the operating conditions for the Communal Government
Firstly, to increase the awareness of the Party committees, governments at all
levels and people in a full, accurate and unified way about the location, nature, role,
functions, tasks and powers of local governments, in general and communal
governments in particular
Secondly, to ensure modern facilities and management equipment for the
communal governments Ensure the continuity and synchronization in the construction
of “e-government”, providing online public services between different levels of
government Each commune has its own website, connecting to the general website of
the government to provide online public services and disseminate information to the
people in the commune Build a database system of inter-governmental levels for
administrative management, better serving people and society
Thirdly, when implementing self-government, the state needs to ensure the
funding for the operation of the communal governments according to the principle: the
right to decide the budget empowered places where the job flow is, etc Gradually the
communal government will be financially autonomous Encourage communal
governments to actively mobilize legal resources to increase income for the communes
Fourthly, strengthen publicity, transparency and accountability Ensure the real
democratic rights of local people
Fifthly, implement democracy in the locality, “people know, people discuss,
people do, people examine”; promote the role of supervision and social criticism of the
mass organizations and self-governance village organizations for the governments
4.2.8 Amending and supplementing institutions on local government,
developing laws on grassroots governments
On the basis of completing the general institution on local governments, it must
be specified by developing a law on grassroots governments as a legal basis for the
organization and operation of communal governments On the one hand, the law on
grassroots governments will specify and detail the views of the Party, the Constitution
and the current law on communal governments On the other hand, it will overcome
the shortcomings, limitations existing in the organization and operation of the current
- Analyze and clarify theoretical issues about completing the organizational model of communal government in terms of: location, nature, roles, functions, tasks, powers, organizational structure, relationships of communal government in rural areas;
- Analyze impacting and influencing factors; the necessity to complete the organizational model of communal government in Vietnam rural areas;
- Study the organizational model of grassroots governments in a number of countries around the world to draw lessons for Vietnam;
- Analyze the process of completing the organizational model of communal government in Vietnam rural areas from 1945 to the present, focusing on the period of time from 2013 (since the 2013 Constitution came into effect);
- Propose views and solutions to establish a more complete organizational model of communal government than current one in Vietnam to meet the requirements
of state administrative reform in the context of renovation of the political system and the construction of new rural areas in Vietnam
3 Object, scope of the study
3.1 Object of the study:
The object of the study is the organizational model of communal government
3.2 Scope of the study:
Scope of content: study and complete the organizational model of communal government, in particular, complete elements constituting the organizational model of communal government: location, nature, functions, tasks and powers, organizational structure of communal government, ensured conditions and the relationships between communal governments and related agencies and organizations
Scope of time: from 1945 to the present, focusing on the period of time from 2013 Scope of space: organization of commune authorities in Vietnam rural areas
4 Methodology and study methods
The topic uses dialectical materialism and historical materialism
The basic study methods used in the topic include: materials study; generalization; analysis; expert; statistic; compare; group discussion; questionnaires, intensive interviews
5 Study questions and scientific hypotheses
- Study questions:
+ How does the state administrative reform in the context of the the political system renovation and the new rural area construction in Vietnam affect the organizational model of communal government in rural areas? Organizational model How does the organizational model of communal government relate to the effectiveness and efficiency of the communal government?
+ Why should we complete the organizational model of communal government
in rural areas? What are the factors that affect the completion of the organizational model of communal government in Vietnam rural areas today?
+ What should we do to complete the organizational model of communal government to meet the requirements of state administrative reform in the context of the renovation of the political system and the construction of new rural areas in Vietnam in the direction of establishing self-governance communal governments and
in accordance with local characteristics?
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- Scientific hypotheses:
Vietnam has implemented many innovative measures, reforming the communal
government However, since the 2013 Constitution was promulgated, especially the
process of promoting the state administrative reform in the context of the political
system renovation and new rural area construction in Vietnam, the organizational
model of communal government still has inadequacies and limitations in terms of
location, nature, functions, tasks, powers, organizational structure, ensured conditions
for effective and efficient operation of the communal government
Organization of communal government in Vietnam rural areas bears the
influence of political-legal factors, economic development and rural infrastructure,
socio-cultural factors, historical factor and human resource factor, geographic and
territories factors, etc These factors will affect the location, nature, functions, tasks,
powers and organizational scale of communal government in rural areas
Completing the organizational model of communal government in the direction
of establishing self-governance government and in accordance with the characteristics
of each locality to ensure the effectiveness and efficiency of state management and
promote fundamental democracy in communes meeting the requirements of the state
administrative reform in the context of the renovation of the political system and the
construction of new rural areas in Vietnam
6 New contributions of the thesis
- Systematize and supplement, develop theory of the organizational model of
communal government
- Clarify the contents and the necessity to complete the organizational model of
communal government
- Analyze and evaluate the real situation of completing the organizational model
of communal government in Vietnam rural areas from 1945 to present
- Propose views and solutions to complete the organizational model of
communal government in rural areas in the direction of local self-governance and in
accordance with the characteristics of each locality
7 The signigicance of the thesis
Theoretical significance:
- The thesis contributes scientific arguments on the organizational model of
communal government and solutions to complete the organizational model of
communal government in Vietnam rural areas
- The thesis proposes orientations and solutions to complete the communal
government in rural areas according to the model of self-governance and in accordance
with the characteristics of each locality
- The results of the thesis contribute to supplementing the scientific foundations
and arguments for views and orientations of reforming local governments, grassroots
governments in Vietnam
Practical significance:
- The results of the thesis provide valuable arguments to consult competent
agencies, organizations and individuals in the study, planning and implementation of
policies and laws on organizational structure, local administration, grassroots
governments
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It is necessary to complete the regulations on evaluation of commune-level officials to ensure objectivity, fairness and accuracy; and well implement the training and updating knowledge for commune officials
In parallel with improving standards and higher demands on professional skills and results of public service performance of commune officials, the state should continue to improve policies to motivate commune officials to perform their tasks and contribute to the civil service, eliminate the administrative factors because they dominate the results of civil service enforcement of commune officials
4.2.5 Completing the organizational model of communal government associated with the renovation of the political system at the grassroots level
For commune Party Committee: It must be necessary to improve the leadership
capacity of the commune Party Committee; promote the role of the party cells and each cadre, party members, especially party members holding key positions in the communal government and mass organizations Implementing the unification of communal Party Secretary doubles as Chairman of the Commune People’s Committee
or communal Party Secretary doubles as Chairman of the commune People’s Council Practicing thoroughly democracy in the Party to promote collective intelligence in accordance with the principle of democratic centralism, collective leadership individual in charge Commune Party Committee is a direct leader, resolution of communal Party Committee must be specific, detailed, close to reality; the expressive language is concise, brief and implemented immediately
For the Front and the mass organizations in rural areas: it is necessary to
continue to renovate the organization and operation modes associating with the reality of socio-economic development Implementing organization model of mass block at commune administrative units The Front, Youth Union, Women’s Union, Veterans’ Association, Commune Farmers’ Union form the mass union in the commune In particular, the Chairman of the Front is the Head of Block, the heads of mass organizations are members of the Block The members of Block also perform the duties
of some non-specialized positions at the commune level The tasks that are not the political tasks and assigned by the state are carried out in the form of self-governing and voluntary Any tasks under political tasks assigned by the State shall be performed according to the work; attach the responsibility of the head of that organization
4.2.6 Implementing the mergence of unqualified communes and villages into communes and villages with appropriate scale and area
To implementing the mergence of communes with small areas and small population sizes into communes with an appropriate area and population size Implementing the commune mergence should be done gradually, with appropriate schedule and steps Initially, it is necessary to merge communes with 50% of both criteria on area and population as prescribed Small communes in the plain and convenient transportation area, less contradiction arising, relatively homogenous population, economic development conditions; not too big differences in culture, customs and practices will be merged firstly Communes in mountainous, border, topographic and difficult-to-economic and undeveloped areas will be the next mergers The mergence of small communes into large communes inevitably entails influences on district and provincial governments The commune mergence must be
Trang 7Option 1: Organize into specialized boards to assist the Commune People’s
Committee These boards are not divisions in the Committee and are organized in the
form of task groups Each task group will be executed by specialized civil servants the
Chairman, Vice Chairmen and members of the Commune People’s Committee are in
charge of the boards The Commune People’s Committee has 4 professional bodies:
the Internal Affairs Committee, the Office department, the Economic and Financial
Committee, the Cultural and Social Department
Option 2: assisting the Commune People’s Committee is the assisting boards
including commune officials in charge of each field Professional titles of officials still
basically include 7 titles as stipulated in current regulations: judicial - civil status,
office - statistics, cadastre - construction, finance - accounting, culture - society,
military commander, commune police chief In addition, there may be other titles
decided by communal government depending on local characteristics
With the above mentioned organization of the communal government, on the one
hand, to ensure the autonomy of the communal government in establishing the
organizational apparatus, deciding on the selection of the number, structure and quality
of personnel suitable to the local characteristics, on the other hand, to reduce civil servant
payrolls in the total number of civil servants of the whole country Personal responsibility
of the Chairman and Vice Chairman of the Commune People’s Committee, members of
the People’s Committee and commune professional officials are raised
4.2.4 Building and improving the quality of professional, responsible and
conscientious commune officials
Improving the quality and capacity of commune officials in the direction of
clearly defining the standards of competence, qualifications and specific qualities for 2
blocks of civil officials and civil servants
The selection of commune officials for election, nomination need to be based
on basic key criteria: First, the officials must have a vision to make plan, capacity of
analyzing and synthesizing information, finding out specific issues and characteristics
of the locality Second, it must be a prestigious person, be trusted, loved by the people,
and must be close to the people and local bases Third, commune officials must be
persons who dare to raise their voice, dare to bear heavy duties, dare to take
responsibility In addition, commune officials must also ensure certain standards of
quality and political bravery; knowledge and supplement skills for leadership and
direction The contingent of commune officials must undergo training and fostering
course to improve knowledge on leadership and regular and continuous management
For commune officials who are professional ones, it is imperative to standardize
qualifications and capacity frameworks according to regulations for each position of
public servant title Commune officials must be recruited through recruitment
examinations according to professional criteria of job positions in each job position
Commune officials must ensure professionalism in performing public duties
Commune officials must withstand the pressure of work, always have a professional,
dedicated and devoted working attitude Each commune official must always be aware
and responsible in the communication and conduct of public service in the spirit of
respect, service and satisfaction of the people
- The study results of the thesis are a reference source for research and teaching about organizational science and local administration
8 Structure of the thesis
In addition to the introduction, conclusion, list of references and appendices, the content of the thesis is structured into 4 chapters:
- Chapter 1: Overview of study situation
- Chapter 2: Scientific basis for completing the organizational model of communal government in rural areas
- Chapter 3: Current situation of the organizational model of communal government in Vietnam rural areas
- Chapter 4: Views and solutions to complete the organizational model of communal government in Vietnam rural areas today
Chapter 1
OVERVIEW OF STUDY SITUATION
In Chapter 1, by researching the study works inside and outside the country on the organizational model of state government; organizational model of local government and the organizational model of communal government in rural areas, the thesis has shown out the achieved results and issues that the works related to the topic
of the previous authors have not studied in depth
On the basis of inheriting the results of the works related to the thesis, under the perspective of public management science, administrative science, the thesis continues
to study intensively about completing the organizational model of communal government in Vietnam rural areas today according to these following directions: Firstly, the thesis continues to supplement and complete the theoretical system
of the organizational model of communal government in rural areas
Secondly, the thesis studies the organizational model communal government and completes the organizational model of communal government in rural areas on the basis of analyzing the completion of the constituent components: location, nature, functions, tasks and powers; organizational structure, ensured conditions, relationships
of the communal government with relevant agencies and organizations
Thirdly, the thesis examines the specific factors impacting on the completion of the organizational model of communal government to meet the requirements of administrative reform in the context of renovation of the political system and construction of the new rural areas in Vietnam today
Fourthly, to study the organizational model of the communal government in the direction of considering communal government is a public legal entity, which is relatively independent of the authorities at all levels in the single state model The thesis examines the organizational model of the communal government in the context of implementing the 2013 Constitution and Law on Local Government Organization 2015 Fifthly, from the analysis of the real situation of the process of completing the organizational model of communal government in Vietnam rural areas, on the theoretical basis of the model of local self-governance government, the thesis recommends solutions to complete the organizational model of communal government
in Vietnam rural areas in the direction of establishing a model of self-governance and
in accordance with local characteristics
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Scientific basis for completing the organizational model of communal
government in rural areas
Chapter 2
COMMUNAL GOVERNMENT IN RURAL AREAS
2.1 Organizational model of communal government in rural areas
2.1.1 Basic concepts
2.1.1.1 Concept of rural area
Rural area is the living area of the residential community, which is mainly
occupied by farmers, mainly with agricultural economic activities, and the social and
cultural characteristics of the commune and village community
2.1.1.2 Concept of organization
An organization is an entity that has a defined location, role, function, task,
powers and organizational structure with a range of governance and relationships in the
environment in which the organization exists to achieve intended target
2.1.1.3 Concept of locality
Locality refers to a territorial space associated with the economic, cultural,
social, traditional, customary characteristics, etc of a certain residental community as a
basis for establishing the territorial administrative units of a country
2.1.1.4 Concept of local government
Local government is a public authority set up in localities in certain ways to
represent the will and aspirations of local people and perform local management tasks
2.1.1.5 Concept of communal government
The communal government is the local level government established in the
commune administrative unit including the agency representing the will and
aspirations of the people and the local state administrative agencies to perform the
management tasks on the territory of commune administrative unit
2.1.1.6 Concept of organizational model of communal government in rural areas
The organizational model of communal government in rural areas is the overvall
main characteristics of the constituent components of the communal government,
including: location, nature, functions, tasks, powers and organizational structure,
relationships and ensured conditions for the operation of communal government
2.1.2 Constituent components of the organizational model of communal
government in rural areas
2.1.2.1 Location and nature of communal government
The communal government in rural areas is the core of the state government
organization The communal government is the one that close to the people, directly
dealing with the daily and hourly isssues of the people
As the grassroots government, the communal government has the ability to
implement democracy directly in social management in the commune The communal
government is the grassroots one, closest to the people to address the most basic and
essential needs of the people
Communal government is both self-governing and state-managed Communal
government is relatively independent within the commune territory
2.1.2.2 Functions, tasks and powers of communal government
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(gender, age, representative structure of unions, etc.) Deputies need to be more qualified than quality, allocated according to the number of inhabitants in the commune and represent for villages and hamlets The number of part-time People’s Council deputies should be minimized, and the number of full-time People’s Council deputies should be increased Establishing a group of commune People’s Council deputies The People’s Council deputies’ group is established according to the residental areas, for example, maybe 2 or 3 villages have one group of People’s Council deputies
- For Commune People's Committee: Based on the reality of each locality
and the implementation schedule, two options can be implemented simultaneously Option 1: Organize the Commune People’s Committee according to the regime of administration head Option 2: Organize according to the People’s Committee
collective regime in combination with personal responsibility as currently
Option 1: organize the commune People’s Committee to operate according to the regime of administration head At this time, the name of Chairman of the People’s Committee is changed to the Chairman of the commune in accordance with the nature
of the administrative agency operating under the regime of administration head The structure of the commune People’s Committee consists of the Chairman of the commune, the Vice chairmen of the commune and the specialized apparatus
Vice Chairmen of the commune: Vice Chairmen of the commune are the assistants to the Chairman of the commune The Vice Chairmen of the commune was introduced by the Chairman of the Commune to be approved by the Peoples Council and appointed by the Chairman of the People’s Committee of the superior level Each commune has 1-2 Vice Chairmen The Chairman of the commune introduces 1 or 2 Vice Chairmen to be approved by the People’s Council and appointed by the superior
on the base of characteristics of each commune and amount of work
Option 2: still maintains the current Commission regime This option is applied
in the transition period to gradually implement the option 1 The option 2 is applied to the communes in rural areas which are still underdeveloped, with poor intellectual level The organizational structure of the Commune People’s Committee is composed
of the Chairman of the People’s Committee, the vice chairmen of the People’s Committees, members and the assisting apparatus The Commune People’s Committee still maintains 3-5 members
Chairman of the commune People’s Committee is still elected by the commune People’s Council, the head of the commune People’s Committee to carry out the task
of administrative management in the commune Each commune also depending on the characteristics will have 1 - 2 Vice Chairmen of the commune People’s Committee The Vice Chairmen of the Commune People’s Committee are introduced by the Chairman of the Commune People’s Committee to be voted by the commune People's Council, be a assistant and performs tasks as assigned by the Chairman of the Commune People’s Committee Chairman, Vice Chairmen and members of Commune People’s Committee are not representatives of commune People’s Council to ensure objectivity and actuality in the supervision of commune People’s Council
For the assisting apparatus of the Commune People’s Committee: the
assisting apparatus of the Commune People’s Committee can be organized according
to two options
Trang 9prescribed by the law, the communal governments actively implement and terminate
the ask – give practice Second, each function, task and power is only assigned to one
level of government, one agency to implement and is responsible before the law for the
results of implementing tasks and powers; ensuring no overlapping of functions, tasks
and powers Third, the communal government is the grassroots level that directly
enforces policies and laws in the commune, so it is possible to define tasks and powers
according to the principle of listing in details the tasks and powers of communal
government The smaller administrative tasks divided in locality the clearer and easier
to assign and implement Fourth, functions, tasks and powers must be in accordance
with the conditions and implementation capacity of each level of government
Especially, for each task, the corresponding budget line is required Assigning tasks
and powers to communal government must be accompanied by corresponding financial
and budgetary decentralization [93]
On that basis, the functions, tasks and powers of the communal government
agencies as commune People’s Councils and Commune People’s Committees will be
concretized
For the commune People’s Council, focusing on 3 groups of functions and
tasks: representative functions, function of making decisions on important issues in the
commune and the function of supervising the Commune People’s Committee to
implement their resolutions
For Commune People’s Committee: Commune People’s Committee performs
the task of state administrative management in the commune as assigned,
decentralized, devolved by law; carries out authorized tasks by the superior
governments and implements local self-governace decided by the commune People’s
Council
4.2.3 Building a communal government apparatus appropriated with local
characteristics
- For the commune People’s Council: the organizational structure includes the
Standing People’s Council and the committees of the commune People’s Council In
terms of personnel, there are 1 chairman, 1 vice chairman and commune People’s
Council deputies
The communal Standing People’s Council is composed of 1 Chairman, 01 vice
chairman and permanent member Thereby, the chairman of the commune People’s
Council can be part-time holder, the vice chairman of the commune People’s Council
can be full-time holder, the members who are the heads of the committees of the
commune People’s Council and a permanent member can also be full-time holders
For the committees of the commune People’s Council: Continue to maintain the
two committees of the commune People’s Council as currently the legal department
and the socio-economic committee Each committee consists of 1 head, 1 deputy head
and members nominated by the commune People’s Council In which, the head of the
committee is full-time holder and is a member of the communal standing People’s
Council Members of the committees are part-time holders, but cannot be civil servants
of the commune People’s Committee
For deputies of the commune People’s Council: It is necessary to pay attention to
the quality and standards of the deputies, not too much attention to the deputy structure
The communal government is organized in the form of self-governance parallelly implementing the management function and performing the service function Communal government following the self-governance model implements groups of tasks and powers in organizing and ensuring laws in the commune; decides important issues of the commune; manages human resourse; manages finance and budget; group
of authorized tasks from superior authorities
In Vietnam, the communal government implements two groups of functions, tasks and powers: Firstly, to organize and ensure the implementation of the Constitution and laws at the localities Secondly, to decide the local issues as prescribed by law In addition, depending on the actual conditions, the communal government also has the function to perform the tasks and powers authorized by the superior state authorities
2.1.2.3 Organizational structure of communal government
- Representative agency elected by local people: This representative agency is
established on the basis of elections, representing the will, aspiration and credibility of electers, is the local self-governing body
- Local governance agency: Local governance agency may be either individual
or community elected by electers or established by representative agency of the people Local governance agency may also be established on the basis of the establishment or appointment by a superior governments
Communal government in Vietnam includes two types of agencies: People’s Council and People’s Committee
2.1.2.4 Relationship between communal government and relevant agencies and organizations
In Vietnam, with the characteristics of political institution and cultural and historical tradition, the relationship between the communal government in rural areas and the agencies and organizations expressed in relations with the superior governments; the relationship between People’s Council and People’s Committee; the relations between the commune government and the commune party committee, with the political system and with the self-governing organizations in the commune
2.1.2.5 Ensured conditions for the operation of the communal government
Communal government need to be ensured political and legal conditions, facilities, financial and human resources for its operation
2.2 Completing the organizational model of communal government in rural areas
2.2.1 Concept of completing the organizational model of communal government in rural areas
Completing the organizational model of communal government in rural areas is the process of making the communal government organization in line with the requirements of administrative reform in the context of renovation of the political system and construction of new rural areas in Vietnam today
2.2.2 The necessity to complete the organizational model of communal government in Vietnam rural areas
2.2.2.1 Completing the organizational model of communal government to meet the requirements of socio-economic development in Vietnam rural areas
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The development of socio-economic life entails a change in the location, role,
function and intervention manner of government in society considering the state is “small
and thin” and the society is “fat” The management manner of communal government
needs to have appropriate reforms in the direction of strengthening dialogue and social
consensus; publicity, transparency and accountability Only the improved management
capacity of the communal government can best solve practical issues
The model of communal government has to adapt to the expansion of the
population size and the scale of the commune level administrative units, in accordance
with the establishment of inter-commune, inter-district and inter-provincial
administrative units with large areas
2.2.2.2 Completing the organizational model of communal government to
meet the requirement of renovation of the political system and building of a socialist
rule-of-law state
Completing the organizational model of communal government in rural areas is
an significant task to implement the objectives of renovation, restructurization of the
organizational apparatus of the political system towards streamlining, effective and
efficient operation; diversify local government models that the Party and the State have
been implementing under the Conclusion No 64-KL/TW dated May 28, 2013 by the
11th Central Committee plenum, 7th Session on “Some issues to continue renovating
and strengthening political system from the central level to the grassroots level” and
Resolution of the sixth session of the 12th Party Central Committee on a number of
issues to continue renovating and restructuring the streamlined political system
apparatus for effective and efficient operation, etc
2.2.2.3 The requirement to improve the law on grassroots level government
In Vietnam, the implementation of 2013 Constitution has promoted the process of
improving the legal system, including laws on communal government The Law on Local
Government Organization issued in 2015 has many progressive points showing the
policy of promoting decentralization and devolution to local governments, clarifying the
basic differences between urban government and rural government After 3 years of the
law implementation, it revealed a variety of shortcomings and limitations related to
issues of location, nature and organizational structure of the commune People’s Council
and People’s Committee; issues of local self-governance, relationships with villages and
hamlets; the relationship with the superior government, etc required to be improved for
the effective and efficient operation of communal government
2.2.2.4 The requirement of administrative reform to build a professional, modern,
transparent, effective and efficient civil service, serving the people and society
The overall public administration reform program set out the goal: “Building a
system of state administrative agencies from central to local transparent, pure,
powerful, modern, effective and efficient, increasing democracy and the rule of law,
etc of the state administrative agencies” The results of administrative reform
implementation in the communal government will have a great influence on the
effectiveness of the overall public administration reform program Completing the
organizational model of communal government will contribute to implementing the
goal of building a professional, modern, transparent, effective and effective civil
service, serving the people and society
19
Chapter 3 has also shown the results, limitations, shortcomings and causes of these shortcomings and limitations in the current organizational model of communal government in Vietnam These inadequacies have posed the need to rationally organize the model of commune government in Vietnam rural areas
Chapter 4
OF COMMUNAL GOVERNMENT IN VIETNAM RURAL AREAS TODAY 4.1 Views to complete the organizational model of communal government
in Vietnam rural areas today
4.1.1 Completing the organizational model of communal government must be synchronized with the process of building and completing the socialist rule-of-law state of the people, by the people and for the people under the leadership of the Party 4.1.2 Completing the organizational model of communal government towards building local self-government
4.1.3 Applying the theory of organizational science and management science to complete the organizational model of communal government in rural areas which is streamlined, effective, efficient, serving the people and society
4.1.4 The commune government organization is diversified in accordance with the characteristics of each locality
4.2 Some solutions to perfect the organizational model of communal government in Vietnam rural areas today
4.2.1 Determining the right location and nature of the communal government in the state government system
The communal government is a public legal entity established in the commune administrative unit to manage socio-economic issues within the commune territory The commune government is both a representative of state power and a representative
of the residential community of the commune The communal government is a local self-governance government
For the commune People’s Council: it is necessary to determine, the commune People’s Council is a local self-governance body, elected and represented by the local people, responsible to the local people and the law The People’s Council decides important issues in the locality and performs the right to monitor the implementation of the Resolution of the People’s Council, Constitution and laws in the localities
For the Commune People’s Committee: it is necessary to stipulate that the Commune People’s Committee is a state administrative agency in the locality, responsible
to the commune People’s Council and the law in organizing the implementation of the Constitution, laws and Resolutions of the commune People’s Council
4.2.2 Defining the functions, tasks and powers of the Communal Government
When aiming to establish the self- governance of communal governments, it is necessary to determine the functions, tasks and powers of the communal governments
in accordance with the following principles: First, what well exercised by the communal government will be assigned to the communal government What cannot be done the communal government, will be supported and implemented by the superior governments What is already under the authority of the communal governments