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MINISTRY OF EDUCATION AND TRAINING MINISTRY OF HOME AFFAIRS NATIONAL ACADEMY OF PUBLIC ADMINISTRATION TA QUANG HUY DISSERTATION’S TITLE THE ORGANIZATION OF THE CURRENT STATE ADMINISTRATIVE SYSTEM IN HANOI Major: Public Administration Management Code: 62 34 82 01 SUMMARY OF DOCTORAL DISSERTATION OF PUBLIC ADMINISTRATION MANAGEMENT HANOI, 2018 Works completed in NATIONAL ACADEMY OF PUBLIC ADMINISTRATION Scientific Supervisors: Assoc Prof Dr Vu Duc Dan Dr Vu Van Thai Opponent 1: ………………………………………………… Opponent 2: ……………………………………………………… Opponent 3: ………………………………………………… The dissertation shall be defended in front of Academy-level Review Council Location: Conference room, National Academy of Public Administration No 77 – Nguyen Chi Thanh – Dong Da District, Hanoi City Time: At………….on……day…….month………… year For more information of the dissertation, please learn about in the National Library of Vietnam or the Library of National Academy of Public Administration PREFACE Reasons for selecting the topic State administrative organs are special ones, which are empowered by the State to administer society, serve the people and society, or called public power State administrative organs are organized into a state administrative system in order and based on certain principles In Vietnam, state administrative reform has been taking place in period of 2011-2020 according to the Resolution of the Government Areas have been continuing to be further developed: Reform of the administrative apparatus; State administrative systems in the localities play important roles in the national administration; On the one hand, assuring the general overall of state management must be implemented uniformly; The state administrative system in Hanoi since 2008 has been showing some inadequacy, weaknesses and shortcomings; It is organized in a hierarchical pattern, which is common to both urban and rural areas, while the nature of management is different in two locations in the same city As the Capital of the whole country, a special-grade provincial-level administrative unit, a special-grade urban center; it is imperative that the state administrative system in Ha Noi has a certain arrangement and change in order to adapt and raise the efficiency and effectively and develop the Capital in the period of integration and development It is necessary to study on the current situation and propose solutions to perfect and rearrange the state administrative system in Ha Noi, on the basis of scientific and practical arguments, in accordance with the current requirements and demands of socio-economic development in Hanoi Therefore, the study and proposal of arranging and organizing the state administrative system in Hanoi is now necessary and becomes an urgent requirement in the reform of the state administrative apparatus at the aim to promote the socioeconomic development of the City in particular and the process of state administrative reform in localities in Vietnam in general during the present period Purposes and tasks of the study Complementarily make contribution to the system of theoretical arguments on the organization of the state administrative system in general and the organization of the state administrative system in the locality in particular Assess the current status to present advantages and limitation in the organization of the state administrative system in Hanoi City today Propose some solutions to perfect the organizational model of the State administrative system in Hanoi City in line with the particularity and special characteristic of the Capital; suitable in urban areas (districts, towns) and rural areas (districts) * Tasks of the study To study the theory of organization of the state administrative system in the locality as the basis for the dissertation To study the current state of the model of organization of the state administrative system in Hanoi; decentralize the state management of economy and society in Hanoi today To propose of model of organization of administrative systems in urban center and districts of Hanoi City; the structure of specialized agencies under the People's Committee of Ha Noi City and the district People's Committee; Complete solutions to improve the state administrative system and strengthen the decentralization of economic and social management in Hanoi today Objects and scope of the study 3.1 Objects of the study: The organization of the current state management in Ha Noi City 3.2 Scope of the study: Content: The system of state administrative organs in Hanoi City Time: Focus on research since 2008 Research methodology Historical materialism, dialectical materialism methods Statistical, analysis methods; system analysis Expert methods, in-depth interview Comparative method Theoretical and written documents researching method Research questions and scientific hypotheses Research questions: Firstly, What are the advantages and disadvantages of the model of the state administrative system that is organized according to three administrative levels in Hanoi? And is it in accordance with the requirements of socio-economic state management in Hanoi’s conditions Secondly, the current organization of the specialized agencies under the City People's Committee and District People's Committee meet the requirements of improving the effectiveness and efficiency of management at these two correlative levels? Thirdly, within the regulations of current laws and the competence of the City, what are the key results of the decentralization of economic and social management between the city and the district and what are core contents that should be focused on in the coming time? Scientific hypotheses: Firstly, the model of the state administrative system in Hanoi organized according to the model, that is appropriate to the characteristics of Hanoi, suitable in characteristics, particularities and nature in urban areas (districts and towns) and rural areas (districts), will improve the efficiency and effectiveness of state management of the society and economy in both areas and promote the development of the Capital Secondly, organize the specialized agencies under the City People's Committee and District People's Committees; overcome the overlapping, cumbersome situation and meet the needs of management at the two levels respectively; at the same time, improve the effectiveness and efficiency of state management of the economy and society of the City People's Committee and District People's Committees Thirdly, the strengthened decentralization of socio-economic management among the different levels of Hanoi City will promote the socio-economic development of the Capital in the future New contributions of the dissertation 6.1 Theoretical contributions: (1) Based on the research results, the dissertation contributes and adds to the system of theoretical basis on the organization of the state administrative system in the locality (2) Contributes and adds to the theoretical system on the foundations and important basis of the organization of the state administrative system in urban and rural areas in the same city as Hanoi (3) Strengthen decentralization and authorization in economic and social management of the local state administrative system to be a basis for the whole system to fulfill its tasks 6.2 Practical contributions: (1) The dissertation contributes to Hanoi and other centrally-controlled cities to organize the state administrative system in the locality in accordance with the conditions of the city (2) The thesis contributes proposals, recommendations and solutions to perfect the model of the state administrative system in the locality; organizes the model of one-level administrative system in urban areas (urban districts, towns) other than rural areas (districts) (3) Propose a practical basis for arranging and organizing specialized agencies under Hanoi People's Committee and District People's Committees in the direction of multi-branch and multi-sectoral management and reduction of apparatus (4) The dissertation is a useful reference for implementing the objective of reducing the state administrative apparatus in the locality, reducing the staffing of Hanoi, provinces and cities (5) Reference to the model Structure of the dissertation Chapter 1: Overview of researches related to the dissertation topic Chapter 2: The argument basis for the organization of the state administrative system in the locality | Chapter 3: Current status of the state administrative system in Hanoi Chapter 4: Orientations and solutions to perfect and organize the state administrative system in Hanoi city Chapter OVERVIEW OF RESEARCHES RELATED TO THE DISSERTATION TOPIC 1.1 Overview of some related researches on government organization and organization of the state administrative system in the locality 1.1.1 Overseas researches - A study on local government, according to State and local government documents [6], - A study on Local Government of the Federal Republic of Germany, by Nguyen Kim Thoa, in: Local Government Organization of Federal Republic of Germany, Hanoi-2006 [35] - A study on Government in Singapore, by Duong Van Quang in SINGAPORE - Characteristics and Solutions, the three ultimate principles which are laid out and strictly adhered to, are compact, efficient and clean - A study on Urban Government in Japan, Dr Hoang Minh Hang, 2012 Regarding the decentralization of local government, model of urban government in Japan; the operation mechanism of urban government in Japan - A study on Hanoi indirectly mentions the issues that Hanoi's administrative system must address, the French author Daniel Biau has studied: The challenges of urban development in Hanoi, October 2010 Ashui.com [4]; 1.1.2 Domestic related researches - Study on urban management, Professor Doan Trong Truyen, in 2001, head of the project "Strengthening management capacity and urban planning in Ho Chi Minh City" [32] In this project, the author has given recommendation on urban management "Urban organization and management, large or small, require the city to be considered a grassroots unit." - Prof Dr Nguyen Quang Ngoc, in 2008, Research and develop the organizational model and specificity management of Viet Nam centrally-controlled cities, State-level scientific projects (Code: KX.02.03 / 06- 10) [21] - In the research on urban administration, Assoc Prof Dr Nguyen Huu Hai, in 2010, studied: Study on one-level urban administration in Vietnam [15] - Research on specialized agencies under the provincial People's Committee; Dr Vu Van Thai, 2004 - 2005, Position, role, functions and tasks of the Department in the provincial state administrative system [34] - The author Ta Quang Ngoc has selected the topic “Renovation of the organization and operation of the specialized agencies under the People's Committee in Vietnam today” PhD Law dissertation, 2013 - A study on decentralization, author Thu Ha, mentioned urban administration in the article: Decentralization without power division (2008, Vietnamnet.vn) - Author Huu Cong, in 2014 mentioned the content: Project of urban administration in Ho Chi Minh City shall be submitted to the National Assembly (vnexpress.net) [7] - Research on the role and position of Hanoi, Assoc Prof Vu Van Quan, Hanoi National University has the article “Some issues about Hanoi and research on Hanoi as a historical – cultural space”; therefore, there is always the relationship of the central-local level in the aspect of management object - In article Hanoi reviewed 10-year implementation of the administrative reform program (Urban Economy Newspaper dated 06/12/2010) The city also pointed out the shortcomings, namely the organizational structure and the decentralization of management over a number of overlapping, unclear functions, tasks and scientific assignments; - Looking back years after expanding the administrative boundaries of Hanoi, author Huu Hieu has the article: Hanoi administrative apparatus intergrated mechanically (Electronic newspaper of the Ministry of Culture and Information, October 29, 2013); - Resolution No.11-NQ/TW dated 6th January 2012 of the Politburo on the direction and tasks of developing the Capital in the period of 2011-2020 The Resolution also highlights some limitations and weaknesses: “The spillover of a large economic center”, an "economic motivation" in the Red River delta and the rest of the country is still limited [25, pp.9] 1.2 Evaluation of oversea and domestic researches related to the dissertation topic 1.2.1 Values that can be received - Organizations of administration and organizations of the state administrative system in the locality should be based on the socio-economic characteristics, paticularities and specialties of the locality; to distinguish the model of the administrative system in urban areas to rural areas - Law provisions are the legal basis for organization of administration and organization of state administrative system in locality in general; Decentralization plays an important role in organizing the model of the state administrative system in the locality in a suitable, effective and efficient manner - Organization of administration and oganization of the state administrative in developed countries, in line with the trend of restraining intermediate level, increasing local authority; Cities (urban center) whether large or small, must be considered as fundamental level and organization of one-level administration and state administrative system - Organization of the state administrative system in the locality is to solve local economic and social problems Urban management is different from rural management; it is necessary to ensure the interconnection of urban infrastructure and technology; it can not be subdivision of urban areas to manage - Organization of administrative agencies is placed in the relationship with representative offices and state power agencies of the same level; organization of professional agencies in the direction of multi-branch and multi-sectorial management, that are suitable in urban areas 1.2.2 Problems relating to dissertation have not been studied - The theoretical and practical basis of the organization of the state administrative system in the locality based on the characteristics and requirements of the management; affecting factors; specialities and characteristics of the locality Urban conditions are different from rural areas - Though Hanoi is the Capital, a special grade provincal level administrative unit, special-grade urban center, it has not any complete research on the real situation of organization of the state administrative system in Hanoi - Related researches, have no proposals for synchronous solutions to the current organization of the state administrative system in Hanoi suitable for the specificities and characteristics of the Capital MINOR CONCLUSION OF CHAPTER Thus, the topic: the organization of the current state administrative system in Hanoi is a completely new subject, not studied; after completion, research results of the dissertation will supplement the argument basis on the organization of the state administrative system in the locality, in the context of cities with both urban and rural areas; is a useful reference for the development of the project to complete and organize the administrative system of Hanoi City in particular and in the centrallycontrolled cities in general Chapter THE ARGUMENT BASIS FOR THE ORGANIZATION OF THE STATE ADMINISTRATIVE SYSTEM IN THE LOCALITY 2.1 Some concepts of the administrative system and organization of the state administrative system 2.1.1 The concept of administration and state administration From the above analysis, the author agrees on the term "administration" as stated, that is “The activities in the field of organization, management and operation are conducted on the basis of astriction by certain rules prescribed or recognized by the State or other subjects, mandatory, imposed or mandated (power - submission) to achieve a purpose for the general benefit tha has been identified”[17] 2.1.2 The concept of state administration 2.1.2.1 State administrative agency From various viewpoints, the author presents the concept of state administrative agency as follows: State administrative agency is the term used to refer to an organized part (agency) constituting the state administrative system, which is given and uses the state power to perform the management and monitor function for all economic and social fields 2.1.2.2 State administrative system Analysis from different viewpoints, we can present the concept of state administrative system is the collection of state administrative agencies, which are assigned functions and tasks as prescribed by law or competent authorities; Having a superior relationship with a lower level and a horizontal relationship, forming a unified and smooth body for the State management over the socio-economic life according to the territorial administrative units and within the national boundaries 2.1.3 Concept of organization of the state administrative in the locality 2.1.3.1 Concept of state administrative system in the locality The state administrative system in the locality is a collection of state administrative agencies in the locality, which are assigned the functions and tasks according to the provisions of law or competent authorities; having a superior relationship with a lower level and a horizontal relationship, forming a unified and smooth body for the State management over the socio-economic life according to the territorial administrative units in the locality and within the national boundaries 2.1.3.2 Concept of organization of the state administrative in the locality The organization of the state administrative system means the order and arrangement of state administrative agencies in a system, with the functions and tasks of the corresponding agencies; having a superior relationship with a lower level and a horizontal relationship, the relationship with the outside of the system in accordance with certain principles to ensure the overall function of the whole system in economic and social management for the common goals The organization of the local state administrative system is a way of ordering and arranging state administrative agencies in a locality in a system; with the functions and tasks of the corresponding agencies as prescribed by law; having a superior relationship with a lower level and a horizontal relationship, the relationship with the outside of the system so as to ensure the general function of the whole system in the State management over the economy and society in the locality; contributing to the consistency and smoothness of the national administration 2.2 Functions, characteristics, form and relationships of the state administrative system in the locality 2.2.1 The position and role of the organization of the state administrative system in the locality The state administrative organs in the locality are the executive ones of the People's Councils, abide by the Constitution, laws, documents of the superior State organs and Resolutions of the People's Councils; assume the state management responsibility for all areas and activities in the localities under the unified direction and minitor of the Government 2.2.2 Functions of the state administrative system in the locality In our country, these organs are called executive agencies, law enforcement agencies, and state administrative agencies 2.2.3 Characteristics, form of the state administrative system in the locality Management over a defined territory; have a certain population on the basis of the defined territory; have a community of citizens with the right to vote, stand for election and have the right to participate in local affairs; is a public legal entity; have their own authority; have human resources and finance; have a continuum of inheritance organization 2.2.4 The relationship of the state administrative system in the locality 2.2.4.1 The internal relationship of the state administrative system 2.2.4.2 The relationship of state administrative system with other system 2.2.5 The territory administrative unit 2.2.5.1 Common administrative unit Province, or equivalent names County is a territory used in many countries City is a special, highly urbanized territory District, is a smaller territory than the province, has developed urban technical infrastructure, non-agricultural population; high population scale, high density; The economy is mainly trade and service Town, Townlet, have the same meaning with town but smaller scale, equivalent to the town in Viet Nam Commune, considered as a territory in rural areas; There are villages, hamlets and villages Ward, is a small territory in the city or urban area The current organization of administrative units in Vietnam, organization of administrative units in localities according to classification at the aims to improve the efficiency and effectively of state administrative management in the locality 2.2.5.2 Special provincial-level administrative unit In addition to the general administrative units, the state also classifies special administrative units; this is a type with a special political, economic and cultural position and role that the State needs to have special "management" Administrative units, especially the Capital, or city serve as the country's leading economic center 2.3 The organization of the state administrative in the locality 2.3.1 Principles of the organization of the state administrative in the locality Ensure the principle that the administrative agency is the executive one of the state government authority in the locality Ensure the unification of the state administrative system Ensure the combination of territorial management and sector-based management Delimitate urban and rural areas Ensure stability and development 2.3.2 Practical foundation for the organization of the state administrative in the locality Firstly, base on the formation history of the locilites to delegate management power from the central to local Secondly, build up the new local territorial administrative units accordingto the management purposes Thirdly, base on the geographic, economic and socila charateristics of the locality Fourthly, base on the socio - economic charateristics of the urban and rural areas 2.3.3 Constituent elements of the organization of the state administrative in the locality in our country 2.3.3.1 Constituent elements of the organization of the state administrative in the locality 2.3.3.2 People’s Committee “People’s Committees elected by the People’s Council are the executive agencies of the People’s Councils, the state administrative agencies in the localities and take responsibility to the People’s Councils of the same level and the sepurior state agencies.” “Local Government Organization Law, 2015, Article 8: “The People's Committees elected by the People's Councils of the same level are the executive agencies of the People's Councils, the State administrative agencies in the localities, and take responsibility to the local people, the People's Councils of the same level and the superior State administrative agencies.” 2.3.3.3 Professional bodies of People's Committees Law on Organization of Local Government 2015 Article 9: Professional agencies under the People's Committees organized at the provincial and district levels are the agencies which advise and assist the People's Committees in performing the management functions on the branches and fields in the localities and perform the tasks and powers according to the delegation and authorization of the superior State agencies 2.3.3.4 Organizing and managing the contingent of cadres and civil servants in the State administrative system The work of organizing and managing the contingent of cadres and civil servants in the State administrative system in the countries usually takes the two essential forms of management: by profession and job placement 2.4 Organizing the administrative system in urban and rural areas 2.4.1 Administrative units in urban areas and rural areas 10 According to the Law on Local Government Organization 2015, the People's Committees at all levels are organized at the same level with the People's Councils in the following administrative units: Centrally-controlled Provinces and cities (referred to as the provincial level); Districts, rural districts, towns and cities under central-controlled and provincially-controlled cities; (referred to as the district level) City level: People's Committees of the City; Urban area: 12 People's Committees of Districts, 01 People's Committee of Town, 177 People's Committees of Wards, 21 People's Committees of Townlets; Rural area: 17 People's Committees of rural Districts, 386 People's Committees of Communes Structure of the People's Committee at all levels is stipulated: The People's Committee consists of the Chairman, the Vice Chairman and the Commissioner, the number of vice chairman of the People's Committee at various levels is stipulated by the Government [47, Article 8] The number of members of the People's Committees at all levels is regulated as follows: Member of the People's Committee is the head of the professional agency and equivalent [47, Article 20] 3.3.1.2 Functions and tasks of administrative agencies at all levels About the People's Committee of the centrally-run cities, in addition to the tasks prescribed as in the provinces, Article 42 of the Law stipulates [47] : The tasks and powers of the People's Committees of districts and towns are defined in Articles 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 and 107 The tasks and powers of the People's Committees of districts in are defined in Article 109, Articles 97, 98, 99, 100, 101, 102, 103, 104, 105, 106 and 107 of the Law on Organization of Local Government Organization The tasks and powers of the People's Committees of Communes, Towns are specified in Article 117 The tasks and powers of the People's Committees of the wards performing the tasks and powers specified in Articles 111, 112, 113, 114, 115, 116 and 117 of the Law 3.2.2 Organization of specialized agencies under the City People's Committee 3.2.2.1 Arrange the specialized agencies of the City People's Committee before the year 2014 3.2.2.2 The current organization of specialized agencies under the City People's Committee Implementing the Government's Decree No.24/2014/ND-CP: The specialized agencies are organized like in provinces with 17 agencies; Specific agencies are organized similarly to centrally-run cities and the Department of Tourism 2015 The structure of specilized divisions and non-business units under the departments: The structure of specialized divisions, non-business units of 21 departments and equivalent is shown in Table 3.4 15 Table 3.4 To sum up the number and structure of specialized divisions and non-business units under the departments of Hanoi city No Division/ Department, branch Total Board Non-business unit TOTAL 10 11 12 13 14 15 16 17 18 19 20 21 Department of Home Affairs Department of Justice Department of Planning and Investment Department of Finance Department of Industry and Trade Department of Agriculture and Rural Development Department of Transportation Department of Construction Department of Natural Resources and Environment Department of Information and Communications Department of Labor Invalids and Social Affairs Department of Culture, Sports and Tourism Department of Science and Technology Department of Education and Training Department of Health Care The City Inspectorate People’s Committee Office Department of Foreign Affairs Department of Planning and Architecture Department of Ethnic Minorities Department of Tourism 494 197 297 12 24 12 11 9 11 10 10 13 33 21 26 16 11 15 17 10 11 15 10 14 47 33 15 84 102 15 13 11 12 10 13 10 12 10 36 21 71 92 3 0 (Source: http://www.hanoi.gov.vn/, 2015 ) About the public non-business units under the City People's Committee: According to the report of the City People's Committee, the public non-business units under the People's Committee of the city, there are 26 units, fields with the quantity described in Annex [54] (Details of the units are in Appendix 3) 3.2.3 Organization of specialized agencies of the district People's Committee in urban areas The specialized agencies under the People's Committees at the district level are stipulated in Decree No.37/2014/ND-CP of the Government [4]: 10 divisions The divisions are organized to suit each type of district-level administrative unit: Economic Division, Urban Management Division 3.2.4 The organize specialized agencies under the People's Committees of districts The organize specialized agencies under the People's Committees of districts : The specialized agencies under the District People's Committees are implemented under the Government's Decree No.37/2014/ND-CP dated May 2014: 10 divisions 16 Organize three divisions to suit the administrative unit in the district: Division of Agriculture and Rural Development, Division of Economics and Infrastructure Ethnic minorities Divisions in five rural districts including Ba Vi, Thach That, Quoc Oai, Chuong My and My Duc The organization of public non-business units under the People's Committees of districts, rural districts: At present, public non-business units are organized under the People's Committees of districts including [54]: 07 units 3.2.5 The current status of contingent of cadres and civil servants and officials of Ha Noi 3.2.5.1 The contingent of cadres, civil servants of the city, the district and rural districts The contingent of cadres, civil servants of the city as following Table 3.5 Bảng 3.5 Number of cadres, civil servants of specialized agencies and equivalent of the City People's Committee TT Department, Branch and equivalent Number Number of cadres, civil servants Department, Branch 21 5.022 Equivalents 112 Total 23 5.134 (Source: Report No 134/BC-UBND dated on 23 November 2016 by People’s Committee of Ha Noi) At the district level, the contingent of cadres, civil servants of the specialized divisions of the People's Committees of the districts, rural districts and town are staffed according to the following Table 3.6 Table 3.6 The the contingent of cadres, civil servants of the specialized divisions of the People's Committees of the districts, rural districts No Number Number of cadres, civil servants District, rural district, town 30 5.816 Total 30 5.816 District, rural district, town (Source: Report No 134/BC-UBND dated on 23 November 2016 by People’s Committee of Ha Noi) 3.2.5.2 The situation of commune-level cadres and civil servants Professional staff of People's Committees of wards: Professional staff of People's Committees of communes: The type commune shall be limited to no more than 22 persons The type commune shall be limited to no more than 20 persons 17 The type commune shall be limited to no more than 19 persons 3.2.5.3 Situation of the staff of Ha Noi According to the following Table 3.7 No Bảng 3.7 The number of the staff at all levels of Ha Noi city Number of City, districts and rural management districts unit Number of staff The People’s Committee of the City Department, Branch Districts and rural districts Total Rate % 26 19 4.405 44.012 2,9 28,5 30 105.839 68,6 75 154.256 100,0 (Source: Report No 134/BC-UBND dated on 23 November 2016 by People’s Committee of Ha Noi) 3.2.6 Overview of the administrative system model of Hanoi City Figure 3.1 Overview of the administrative system model of Hanoi Khái qt mơ hình tổ chức hệ thống hành T.P Hà Nội The City People’s Committee CQCM (21 Departments and Branches) District People’s Committee (12 ) Specialized division (12) Town People’s Committee (01) Specialized division (12) - Non-business units under People’s Committee (26 units) - Non-business units under Department and Branche (27 units) Rural District People’s Committee (17) Specialized division (12-13) District Non- Commune Non- District Non- business units (7 & business units business units general eeducation ) (7 & general eeducation ) Ward People’s Committee (177 ) Ward People’s Committee commune People’s Town People’s Committee ( commune People’s Committee 3.3 Operation and management decentralization 3.3.1 Operation in the administrative system of Hanoi The state administrative system of Hanoi is organized and operated in accordance with the current law of Vietnam 3.3.2 Hanoi's Decentralization of economic and social management 18 Hanoi's current decentralization of economic and social management, issued under the Decision No 11/2011/QD-UBND, dated on 02/03/2011 by the People's Committee of Hanoi Economic sector (14 contents) Cultural and social sector (05 contents): 3.4 Overall assessment of Hanoi's organization of the state administration system 3.4.1 Some advantages of Hanoi's organization of the state administration system Organization of the administrative system of Hanoi is implemented in complied with the provisions of Vietnamese law from 2008 to the present; The administrative agencies in the administrative system of the City is organized to be the executing agency of the local authority; Operation of the administrative system; Functions and tasks of administrative agencies are ensured according to the regulations The specialized agencies under the People's Committees at various levels are organized according to the regulations of the Government at the unified and specific way The City has decentralized the city's economic and social management to the district, authorized by the People's Committee at all levels with specialized agencies at the same and lower level 3.4.2 Weaknesses in Hanoi's organization of the state administration system The model of Hanoi's administrative and urban administration system is not suitable for special-grade provincial and special-level administrative unit Functions and authority of administrative agencies at all levels in Hanoi, although certain adjustments have been made in accordance with the Law on Organization of Local Government, Responsibility of the head of the administrative agency is not determined Decentralization of state management functions, public service delivery in urban areas is still inadequate, The organization of specialized agencies at the city and district levels is not specific or special for the Capital; The number of administrative units, staff of the City is relatively large, Thus, in comparison with the criteria for evaluating the effective organization of state administrative system in Chapter 2, the organization of the State administrative system of Hanoi City has not ensured the validity and effectiveness (with the criteria in section 2.5 Chapter 2) To build the State administrative system of Hanoi suitable to the special-type City; 3.4.3 Some Reasons of the disadvantages Firstly, due to the uniformity of Vietnamese law regulations, the administrative levels are the same between urban and rural areas Secondly, the model of urban and rural administrative system of Hanoi is not different, lacking specificity and speciality Thirdly, despite Hanoi's Capital Law, Hanoi City has not actively proposed to the central government an urban administration in Hanoi Fourthly, the guiding and support of the central government is slow, many aspects are not suitable with the requirements, characteristics and tasks of the Capital [25, p10] Fifthly, "the coordination between the central ministries, departments with the city has many constraints and obstacles." [25, p11] 3.4.4 Organization of administrative units in line with the development of the Capital 19 The development orientation of Hanoi in accordance with Resolution No.11NQ/TW, dated on 06/01/2012 on the direction and task of developing Hanoi Capital in the period of 2011-2020; Socio-economic Development Strategy for Hanoi to 2030, vision to 2050 [29]; Decision approving the general planning for the construction of Hanoi Capital up to 2030 and vision to 2050 [28] Chapter CURRENT DIRECTION AND SOLUTIONS FOR ORGANIZING THE STATE ADMINISTRATIVE SYSTEM OF HANOI CITY 4.1 The viewpoints and direction for perfecting and organizing the State administrative system of Hanoi 4.1.1 Viewpoints The organization and perfecment of the administrative system of Hanoi must be in line with the viewpoint of the central government: The 7th Meeting of the 11th Central Committee of the Communist Party of Vietnam (11/5/2013), Resolution No 39TW/NQ, dated on 17/ 4/ 2015, Resolution No 18-TW/NQ, dated on 25/10/ 2017 by the Central Committee of the Communist Party of Vietnam The organization of administrative agencies in the administrative system of Hanoi should ensure the following principles: In line with the specificity, special characteristics of the Capital, economic and social planning, the Capital construction planning Organization of Hanoi's state administrative system needs to be streamlined, reducing head of the subordinate administrative units, especially the grassroots level; Regarding the re-arrangement and organization of the system of specialized agencies at the city and district levels on the basis of reducing agencies, reducing the intermediary stages, multi-branch and multi-domain management The organizational model of the state administrative system is in line with the characteristics of urban authorities (districts, towns) and rural areas (districts) Improving functions and tasks to enhance the roles and responsibilities of each agency and all system Strengthening the assignment and decentralization among the agencies of the city, the administrative agencies at the superior and lower levels Organizing and rearranging the administrative system of Hanoi to promote the development and towards the sustainable development of the Capital 4.1.2 General direction on the completion and organization of Hanoi's State administrative system Rearrangement and organization of the system and operation of the city's administrative system in association with the renovation of the political system of the city; In line with the views, objectives and solutions of Resolution No 18-NQ/TW, dated on 25/10/2017 by The Central Committee of the Party To reform the organization and operation of the city's administrative system to meet the requirements of building a law-governed State of the people, by the people and for the people To perfect the organization and operation of the city's administrative system in the context of developing a market economy 20 To reform the organization and operation of the city's administrative system to meet the requirements of accelerating the process of international integration in the context of globalization 4.2 Some orientations for perfecting and organizing the State administrative system of Hanoi City 4.2.1 Organization of urban administrative units of Hanoi First of all, the establishment of the administrative unit "city directly under Hanoi City” Hanoi City may propose re-establishment: Ha Dong City and Son Tay City According to the Socio-Economic Planning of Hanoi to 2030 [29] and the Capital Construction Planning to 2030 [28] 4.2.2 Organizational model of the state administrative system of Hanoi 4.2.2.1 Organizational model of the state administrative system in Hanoi at present (Model 1) For urban areas (urban districts and towns), set up new administrative units: The cities directly under Hanoi city, to reestablish Ha Dong city and Son Tay city; put an end to the separation of administrative units of districts and wards into smaller ones for management For districts (rural areas), establish the administrative system at the same level of local authority More decentralization for subordinates 4.2.2.2 Organizational model of Hanoi's state administration system in the coming time (Model 2) Based on Model 1: Rearrange, organize an administrative level (district) without organizing People's Councils in the districts and wards, organizing People's Committees in the communes 4.2.3 Organization of specialized agencies at city and district level General review of the positions, functions, tasks, powers, organizational structure and staffing of the specialized agencies of the People's Committee of the cities and districts; Rearranging specialized agencies under the People's Committee of the city, districts in the direction of multi-sectoral and multi-field management, reducing focal points, reducing intermediate stages; suitable for management in urban and rural areas To review and rearrange the internal organization of the departments and branches in the direction of streamlining the focal points, resolutely reducing the number, rearranging divisions, sub-departments, centers, project management boards and administrative units under the departments and branches Organization and rearrangement of the city's system of bussiness agencies: As analyzed in Chapter (sections from 3.3.3 to 3.3.5), although the system of bussiness units is not an administrative system of the City, directly belonging to the City's administrative system; Therefore, in order to complete the administrative system, this system should be streamlined at all levels; cadres, civil servants and officials need to be streamlined and restructured Ensure targets and solutions under Resolution No 19NQ/TW dated on 24/10/2017 by the Sixth Party Central Committee, Session XII Decentralization of socio-economic management: There should be further decentralization between the city level to the district level in the fields of urban management, urban infrastructure, state management of health, education; District level should be renovated and decentralized to commune level 21 4.3 Solutions for legal regulation improvement For the organization of People's Committees at all levels according to Vietnam Law on Local Government Organization, Conclusion No 22-KL/TW dated on 07/11/2017 by the Politburo: "Allow Hanoi to be piloted under the model of urban government in the districts; continue to strengthen the rural government in accordance with the law "[53] Firstly, to submit to the National Assembly for the establishment of “the Cities directly under Hanoi City", administrative units in urban areas (as analyzed in Section 4.2.1), to reestablish Ha Dong and Son Tay cities; adjust the natural area and ensure other criteria of Nam Tu Liem and Bac Tu Liem districts; or Long Bien district to set up “the Cities directly under Hanoi City" in order to organize one-level government in the city Secondly, for suburban districts with a small area, the number of the ward administrative units under 12 units [56, D7] to establish new districts to meet the regulatory criteria, as the basis for the organization of one-level government in the city Thirdly, as for some central districts (Hai Bà Trưng, Đống Đa, Ba Đình and Hồn Kiếm), in order to ensure stability and proper roadmap, first of all, people’s committees at district level and representatives of district administrative agencies at wards should be established As for the amendment and supplementation of Capital Law, Hanoi should be authorized to organize administrative agencies in line with the Capital’s specific characteristics; urban administration should be organized in two levels (municipal level and district level); Law on Local Administrative Organization should be amended and supplemented Government’s regulations on specialized agencies’ organization at all levels should be completed 4.4 Solutions to organize administrative system in urban and rural areas of Hanoi 4.4.1 Model of Hanoi’s administrative system organization in the current period (Model 1) 4.4.1.1 As for model of the city under Hanoi City Administrative unit should be established: city under Hanoi City; grassroots level (ward level currently) does not organize people’s committees; representative administrative agencies of the municipal people’s committees under the City should be under the following model (Figure 4.1): 22 Model of administrative system organization of the city under Hanoi City Hanoi Municipal PC Specialized agencies (Number of united and characterized departments) City’s PC (under the City) Specialized agencies (Number of characterized divisions) QUARTER QUARTER QUARTER (City’s administrative representative at the quarter) (City’s administrative representative at the quarter) (City’s administrative representative at the quarter) People Figure 4.1 Proposed model of city’s administrative system under the City 4.4.1.2 As for model of administrative system at some districts The organization should be under the model in Figure 4.2 as follows Model of administrative system organization at some districts City’s PC Specialized agencies (United and characterized number) District’s PC Specialized agencies (Number of divisions according to district’s characteristics) District’s administrative representative at ward District’s administrative representative at ward People 23 District’s administrative representative at ward Figure 4.2 Proposed model of administrative system at some districts of Hanoi 4.4.1.3 As for model of administrative system in rural districts Suitable model of administrative system at rural districts should be fully 2-level model Rural district level: organizing people’s council and people’s committee; commune level: organizing people’s council and people’s committee Under the following model (Figure 4.3): * Strong points of Model 1: Administrative system organization is in accordance with urban areas and rural areas; Intermediary layers are decreased: one administrative level is decreased at district and city under the City; No big change is made on the awareness and organization of administrative system of the City; No amendment and supplementation is made to many legal documents and related decrees * Weark points of Model 1: There are no basic changes made to model of administrative system organization in line with urban areas and rural areas; There remain many intermediary layers in the administrative system organization (at district and rural district levels); Administrative agencies operate under the collective institution (committee), which remain many incompatibilities in urban management; Model of administrative system organization at rural districts City’s PC Specialized agencies (United and characterized number) Rural district’s PC Specialized agencies (number of divisions according to district’s characteristics) Commune’s PC Commune’s cadres and public servants Commune’s PC Commune’s cadres and public servants People 24 Commune’s PC Commune’s cadres and public servants Figure 4.3 Proposed model of administrative system at rural districts of Hanoi 4.4.2 Model of administrative system organization of Hanoi in the coming time (Model 2) As analyzed in Section 4.2.2.2; Model 2’s organization is proposed as follows: * Strong points of Model 2: The administrative system organization is in accordance with urban areas and rural areas in a clearer manner, making a big change in comparison with Model 1; Intermediary layers are decreased: one administrative level at district and city under the City is decreased (no people’s council at district and rural district levels); No big changes are made to the awareness and state administrative system organization of the City; * Weak points of Model 2: There remain intermediary layers in the administrative system organization (at rural district level); The administrative agencies operate under the collective institution, which remain many incompatibilities in urban management; Many legal documents and related decrees are amended and supplemented; Generalized model of administrative system organization of Hanoi City (Model 2) Municipal’s PC Specialized agencies (departments and branches) District’s PC Specialized agencies (divisions and boards) District’s administrative representative at ward) City’s PC under the City Specialized agencies (divisions and boards) City’s administrative representative at ward (177 wards) People 25 Rural district’s PC (17 rural districts) Specialized agencies (divisions and boards) Town’s PC Commune’ s PC ... the state administrative system in general and the organization of the state administrative system in the locality in particular Assess the current status to present advantages and limitation... the State to administer society, serve the people and society, or called public power State administrative organs are organized into a state administrative system in order and based on certain... characteristic of the Capital; suitable in urban areas (districts, towns) and rural areas (districts) * Tasks of the study To study the theory of organization of the state administrative system